Bill Text: MN HF1818 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Marijuana medical use permitted, fees set, rulemaking authorized, criminal and civil penalties provided, funding provided, and money appropriated.
Spectrum: Strong Partisan Bill (Democrat 32-2)
Status: (Introduced - Dead) 2014-05-02 - Author stricken Paymar [HF1818 Detail]
Download: Minnesota-2013-HF1818-Engrossed.html
1.2relating to health; permitting the medical use of marijuana; setting fees;
1.3authorizing rulemaking; providing criminal and civil penalties; appropriating
1.4money;amending Minnesota Statutes 2012, sections 13.3806, by adding a
1.5subdivision; 256B.0625, subdivision 13d; proposing coding for new law in
1.6Minnesota Statutes, chapter 152.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 13.3806, is amended by adding a
1.9subdivision to read:
1.10 Subd. 22. Medical use of marijuana data. Data collected by the commissioner of
1.11health relating to registrations for the medical use of marijuana are classified in section
1.12152.33.
1.13 Sec. 2. [152.22] DEFINITIONS.
1.14 Subdivision 1. Applicability. For purposes of sections 152.22 to 152.38, the terms
1.15defined in this section have the meanings given them.
1.16 Subd. 2. Allowable amount of marijuana. (a) "Allowable amount of marijuana"
1.17means:
1.18(1) with respect to a qualifying patient, 2.5 ounces of usable marijuana and if
1.19the qualifying patient's registry identification card states that the qualifying patient is
1.20authorized to cultivate marijuana:
1.21(i) six marijuana plants contained in an enclosed, locked facility, except the plants
1.22are not required to be in an enclosed, locked facility if the plants are being transported
1.23because the qualifying patient is moving; and
2.1(ii) marijuana that is produced from allowable plants that is on the premises where
2.2the plants were grown;
2.3(2) with respect to a designated caregiver, for each patient assisted by the designated
2.4caregiver:
2.5(i) 2.5 ounces of usable marijuana; and
2.6(ii) if the designated caregiver's registry identification card provides that the
2.7designated caregiver is authorized to cultivate marijuana:
2.8(A) six marijuana plants contained in an enclosed, locked facility, except the plants
2.9are not required to be in an enclosed, locked facility if the plants are being transported
2.10because the designated caregiver is moving; and
2.11(B) marijuana that is produced from allowable plants that is on the premises where
2.12the plants were grown.
2.13(b) Marijuana that is incidental to medical use, but is not usable marijuana as
2.14defined in subdivision 16, may not be counted toward a qualifying patient's or designated
2.15caregiver's allowable amount of marijuana.
2.16 Subd. 3. Commissioner. "Commissioner" means the commissioner of health.
2.17 Subd. 4. Cardholder. "Cardholder" means a qualifying patient or a designated
2.18caregiver who has been issued and possesses a valid registry identification card.
2.19 Subd. 5. Debilitating medical condition. "Debilitating medical condition" means:
2.20(1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, Tourette's
2.21syndrome, amyotrophic lateral sclerosis, post-traumatic stress disorder, or the treatment
2.22of those conditions;
2.23(2) a chronic or debilitating disease or medical condition or its treatment that
2.24produces cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures,
2.25including those characteristic of epilepsy; severe and persistent muscle spasms, including
2.26those characteristic of multiple sclerosis; and Crohn's disease;
2.27(3) the condition of an HIV-positive patient when the patient's physician believes the
2.28patient could benefit from consumption of marijuana; or
2.29(4) any other medical condition or its treatment approved by the commissioner.
2.30 Subd. 6. Designated caregiver. "Designated caregiver" means a person who is at
2.31least 21 years old and who has agreed to assist no more than five qualifying patients
2.32with the medical use of marijuana.
2.33 Subd. 7. Enclosed, locked facility. "Enclosed, locked facility" means a closet,
2.34room, greenhouse, building, or other enclosed area equipped with locks or other security
2.35devices that permit access only by a cardholder.
3.1 Subd. 8. Medical marijuana dispensary. "Medical marijuana dispensary"
3.2means an entity registered under section 152.25 that cultivates, acquires, manufactures,
3.3possesses, prepares, packs, stores, delivers, transfers, transports, sells, supplies, or
3.4dispenses marijuana, paraphernalia, or related supplies and educational materials to
3.5registered qualifying patients or registered designated caregivers.
3.6 Subd. 9. Medical marijuana organization. "Medical marijuana organization"
3.7means a medical marijuana dispensary or a safety compliance facility.
3.8 Subd. 10. Medical use of marijuana. "Medical use of marijuana" means
3.9the acquisition, possession, use, administration, preparation, planting, cultivation,
3.10propagation, harvesting, production, processing, manufacture, testing, compounding,
3.11converting, delivery, transfer, or transportation of marijuana or drug paraphernalia, as
3.12defined in section 152.01, subdivision 18, relating to the consumption of marijuana to
3.13alleviate a registered qualifying patient's debilitating medical condition or symptoms
3.14associated with the medical condition.
3.15 Subd. 11. Practitioner. "Practitioner" means a Minnesota licensed doctor of
3.16medicine, a Minnesota licensed doctor of osteopathy licensed to practice medicine, a
3.17Minnesota licensed physician assistant acting within the scope of authorized practice, or
3.18a Minnesota licensed advance practice registered nurse, except that if the qualifying
3.19patient's debilitating medical condition is post-traumatic stress disorder, the practitioner
3.20must be a licensed psychiatrist.
3.21 Subd. 12. Qualifying patient. "Qualifying patient" means a person who has been
3.22diagnosed by a practitioner as having a debilitating medical condition.
3.23 Subd. 13. Registration certificate. "Registration certificate" means a document
3.24issued by the commissioner that identifies an entity as a medical marijuana dispensary
3.25or a safety compliance facility.
3.26 Subd. 14. Registry identification card. "Registry identification card" means a
3.27document issued by the commissioner that identifies a person as a registered qualifying
3.28patient or registered designated caregiver.
3.29 Subd. 15. Safety compliance facility. "Safety compliance facility" means an entity
3.30registered under section 152.25 to provide consumer protection services to the public
3.31by means of laboratory sampling and testing for potency and contaminants or public
3.32information and training services regarding:
3.33(1) the safe and efficient cultivation, harvesting, packaging, labeling, and distribution
3.34of marijuana;
3.35(2) security and inventory accountability procedures; or
3.36(3) scientific and medical research findings related to medical marijuana.
4.1 Subd. 16. Usable marijuana. "Usable marijuana" means the flowers of the
4.2marijuana plant, or any mixture or preparation of them, but does not include the seeds,
4.3stalks, leaves, and roots of the plant and does not include the weight of any nonmarijuana
4.4ingredients combined with marijuana, including ingredients added to prepare a topical
4.5administration, food, or drink.
4.6 Subd. 17. Visiting qualifying patient. "Visiting qualifying patient" means a person
4.7who was diagnosed with a debilitating medical condition by a person who is licensed
4.8with authority to prescribe drugs to humans in the state of the person's residence; who
4.9possesses a registry identification card, or its equivalent, that was issued pursuant to the
4.10laws of another state, district, territory, commonwealth, insular possession of the United
4.11States, or country recognized by the United States; and who is not a resident of Minnesota
4.12or has been a resident of Minnesota fewer than 30 days.
4.13 Subd. 18. Written certification. "Written certification" means a document
4.14signed and dated by a licensed practitioner stating, that in the practitioner's professional
4.15opinion, the patient is likely to receive therapeutic or palliative benefit from the medical
4.16use of marijuana to treat or alleviate the patient's debilitating medical condition. The
4.17practitioner must: (1) specify the qualifying patient's debilitating medical condition in
4.18the written certification; and (2) sign and date the written certification only in the course
4.19of a practitioner-patient relationship after the practitioner has completed a full physical
4.20examination of the qualifying patient and a full assessment of the qualifying patient's
4.21medical history and current medical condition.
4.22 Sec. 3. [152.23] LIMITATIONS.
4.23(a) Sections 152.22 to 152.38 do not permit any person to engage in and do not
4.24prevent the imposition of any civil, criminal, or other penalties for:
4.25(1) undertaking any task under the influence of marijuana that would constitute
4.26negligence or professional malpractice;
4.27(2) possessing or engaging in the medical use of marijuana:
4.28(i) on a school bus;
4.29(ii) on the grounds of any preschool or primary or secondary school; or
4.30(iii) in any correctional facility;
4.31(3) smoking marijuana:
4.32(i) on any form of public transportation;
4.33(ii) where the smoke would be inhaled by a minor child; or
4.34(iii) in any public place; and
5.1(4) operating, navigating, or being in actual physical control of any motor vehicle,
5.2aircraft, train, or motorboat, or working on transportation property, equipment, or facilities
5.3while under the influence of marijuana.
5.4 (b) Nothing in sections 152.22 to 152.38 requires the medical assistance and
5.5MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with
5.6the medical use of marijuana.
5.7 Sec. 4. [152.24] RULEMAKING.
5.8The commissioner shall adopt rules that set forth the procedures and methods for
5.9implementing sections 152.22 to 152.38, including:
5.10(1) receiving petitions from the public to add debilitating medical conditions or
5.11treatments to the list of debilitating medical conditions in section 152.22, subdivision 5,
5.12and requiring public notice of a public hearing, and the opportunity to comment upon any
5.13petition;
5.14(2) establishing the form and content of registration and renewal applications
5.15submitted under sections 152.22 to 152.38;
5.16(3) establishing a system to numerically score competing medical marijuana
5.17dispensary applicants that must include analysis of:
5.18(i) the suitability of the proposed location and its accessibility for patients;
5.19(ii) the character, veracity, background, and relevant experience of principal officers
5.20and board members; and
5.21(iii) the business plan proposed by the applicant, including its ability to maintain
5.22an adequate supply of marijuana, plans to ensure safety and security of patrons and
5.23the community, procedures to be used to prevent diversion, and any plan for making
5.24marijuana available to low-income registered qualifying patients;
5.25(4) establishing a system to consider applications for and renewals of registry
5.26identification cards;
5.27(5) establishing standards for medical marijuana organizations to prevent diversion
5.28and theft without imposing an undue burden or compromising the confidentiality of
5.29cardholders, including:
5.30(i) receiving applications for and renewals of registration certificates;
5.31(ii) oversight requirements;
5.32(iii) record-keeping requirements;
5.33(iv) security requirements, including requirements for protection of each location by
5.34a fully operational security alarm system;
5.35(v) safety requirements; and
6.1(vi) requirements and procedures for the safe and accurate packaging and labeling of
6.2medical marijuana, in compliance with the United States Poison Prevention Packing Act
6.3regarding child resistant packaging and exemptions for packaging for elderly patients;
6.4(6) requiring the labeling of marijuana and marijuana products sold by medical
6.5marijuana dispensaries;
6.6(7) establishing procedures for suspending or revoking the registration certificates or
6.7registry identification cards of medical marijuana organizations or cardholders who violate
6.8the provisions of sections 152.22 to 152.38 or the rules adopted under this section; and
6.9 (8) establishing reasonable restrictions relating to signage, marketing, display, and
6.10advertising of marijuana for medical use.
6.11 Sec. 5. [152.25] REGISTRATION AND CERTIFICATION OF MEDICAL
6.12MARIJUANA ORGANIZATIONS.
6.13 Subdivision 1. Registration. Not later than 90 days after receiving an application
6.14for a medical marijuana organization, the commissioner shall register the prospective
6.15medical marijuana organization and issue a registration certificate and a random 20-digit
6.16alphanumeric identification number if all of the following conditions are satisfied:
6.17(1) the prospective medical marijuana organization has submitted all of the following:
6.18(i) the application fee for a dispensary of $15,000; if the application is not approved,
6.19$14,000 will be refunded;
6.20(ii) the application fee for a safety compliance facility of $5,000; if the application
6.21is not approved, $4,000 will be refunded;
6.22(iii) an application, including:
6.23(A) the legal name of the prospective medical marijuana organization;
6.24(B) the physical address of the prospective medical marijuana organization that is
6.25not within 1,000 feet of a public or private school existing before the date of the medical
6.26marijuana organization's application;
6.27(C) the name and date of birth of each principal officer and board member of the
6.28proposed medical marijuana organization;
6.29(D) the name and date of birth of each additional agent of the proposed medical
6.30marijuana organization; and
6.31(E) any additional information requested by the commissioner;
6.32(iv) operating procedures consistent with rules for oversight of the proposed medical
6.33marijuana organization, including procedures to ensure accurate record keeping and
6.34adequate security measures; and
7.1(v) if the city or county where the proposed medical marijuana organization would
7.2be located has enacted zoning restrictions, a sworn statement certifying that the proposed
7.3medical marijuana organization is in compliance with the restrictions;
7.4(2) none of the principal officers or board members of the medical marijuana
7.5organization has served as a principal officer or board member for a medical marijuana
7.6organization that has had its registration certificate revoked;
7.7(3) none of the principal officers or board members of the medical marijuana
7.8organization is under 21 years of age; and
7.9(4) if the proposed medical marijuana organization is a medical marijuana dispensary
7.10applicant, it is located in a county with more than 20,000 permanent residents and:
7.11(i) the county does not already contain one medical marijuana dispensary if it has a
7.12population of 300,000 or fewer;
7.13(ii) the county does not already contain two medical marijuana dispensaries if the
7.14county has a population of at least 300,000 and fewer than 1,000,000; and
7.15(iii) the county does not already contain three medical marijuana dispensaries if the
7.16county has a population of at least 1,000,000.
7.17 Subd. 2. Additional dispensaries. A county with an area greater than 5,000 square
7.18miles must have at least two medical marijuana dispensaries, regardless of population.
7.19The commissioner may register additional medical marijuana dispensaries at its discretion.
7.20 Subd. 3. Competing applications. When competing applications are submitted for
7.21a proposed medical marijuana dispensary within a single county, the commissioner shall
7.22use an impartial and numerically scored competitive bidding process to determine which
7.23application or applications among those competing will be approved. The commissioner
7.24may conduct a background check of the principal officers and board members of the
7.25prospective medical marijuana dispensary to carry out this provision.
7.26 Subd. 4. Expiration. All registration certificates expire one year after the date
7.27of issue.
7.28 Subd. 5. Renewal. The commissioner shall issue a renewal registration certificate
7.29within ten days of receipt of the prescribed renewal application and renewal fee from a
7.30medical marijuana organization if its registration certificate is not under suspension and
7.31has not been revoked.
7.32 Sec. 6. [152.26] REGISTRY IDENTIFICATION CARDS.
7.33 Subdivision 1. Registration of qualifying patients and designated caregivers.
7.34A qualifying patient may apply to the commissioner for a registry identification card by
7.35submitting all of the following:
8.1(1) written certification issued by a licensed practitioner within the 90 days
8.2immediately preceding the date of application;
8.3(2) the application fee of $100, unless the patient is on Social Security disability
8.4or Medicare and then the fee is $25; and
8.5(3) an application, including:
8.6(i) name, mailing address, and date of birth of the qualifying patient, except that if
8.7the applicant is homeless, no address is required;
8.8(ii) name, mailing address, and telephone number of the qualifying patient's
8.9practitioner;
8.10(iii) name, mailing address, and date of birth of the qualifying patient's designated
8.11caregiver, if any;
8.12(iv) a signed statement from the designated caregiver, if any, agreeing to be the
8.13patient's designated caregiver and certifying that if the application is approved the
8.14designated caregiver will not be a registered designated caregiver for more than five
8.15registered qualifying patients; and
8.16(v) a designation as to who will be allowed to cultivate marijuana plants for the
8.17qualifying patient's medical use if a medical marijuana dispensary is not operating within
8.18the lesser of 30 miles or 30 minutes of the qualifying patient's home.
8.19 Subd. 2. Issuance. (a) Except as provided in clause (2) and subdivision 4, the
8.20commissioner shall:
8.21(1) verify the information contained in an application or renewal submitted
8.22according to sections 152.22 to 152.38 and approve or deny an application or renewal
8.23within ten days of receiving a completed application or renewal; and
8.24(2) issue a registry identification card to a qualifying patient and the patient's
8.25designated caregiver, if any, within five days of approving the application or renewal. A
8.26designated caregiver must have a registry identification card for each of the caregiver's
8.27qualifying patients.
8.28(b) The commissioner may not issue a registry identification card to a qualifying
8.29patient who is under the age of 18 unless:
8.30(1) the qualifying patient's practitioner has explained the potential risks and benefits
8.31of the medical use of marijuana to the qualifying patient and to the parent, guardian, or
8.32person having legal custody of the qualifying patient;
8.33(2) at least two practitioners have issued a written certification within the 90 days
8.34immediately preceding the date of application;
8.35(3) the parent, guardian, or person having legal custody consents in writing to allow
8.36the qualifying patient's medical use of marijuana; and
9.1(4) a parent, guardian, or person having legal custody of the qualifying patient
9.2consents in writing to:
9.3(i) serve as the qualifying patient's designated caregiver; and
9.4(ii) control the acquisition of marijuana, the dosage, and the frequency of the medical
9.5use of marijuana by the qualifying patient.
9.6(c) If the registry identification card of either a qualifying patient or the patient's
9.7designated caregiver does not state that the cardholder is authorized to cultivate marijuana
9.8plants, the commissioner must give written notice to the registered qualifying patient,
9.9when the qualifying patient's registry identification card is issued, of the names and
9.10addresses of all registered medical marijuana dispensaries.
9.11 Subd. 3. Contents of registry identification cards. Registry identification cards for
9.12qualifying patients and designated caregivers must contain all of the following:
9.13(1) name and date of birth of the cardholder;
9.14(2) a statement of whether the cardholder is a qualifying patient or a designated
9.15caregiver;
9.16(3) the date of issuance and expiration date of the registry identification card;
9.17(4) a random 20-digit alphanumeric identification number that is unique to the
9.18cardholder and contains at least four numbers and at least four letters;
9.19(5) if the cardholder is a designated caregiver, the random identification number of
9.20the registered qualifying patient the designated caregiver is assisting;
9.21(6) a photograph of the cardholder; and
9.22(7) a clear indication of whether the cardholder has been designated to cultivate
9.23marijuana plants for the qualifying patient's medical use.
9.24 Subd. 4. Denial of registry identification cards. (a) The commissioner may deny
9.25an application or renewal of a qualifying patient's registry identification card only if the
9.26applicant:
9.27(1) does not meet the requirements of section 152.22, subdivision 12;
9.28(2) does not provide the information required;
9.29(3) previously had a registry identification card revoked for violating sections
9.30152.22 to 152.38; or
9.31(4) provides false information.
9.32(b) The commissioner may deny an application or renewal of a designated
9.33caregiver's registry identification card only if the applicant:
9.34(1) does not meet the requirements of section 152.22, subdivision 6;
9.35(2) does not provide the information required;
10.1(3) previously had a registry identification card revoked for violating sections
10.2152.22 to 152.38; or
10.3(4) provides false information.
10.4(c) The commissioner shall give written notice to the qualifying patient of the reason
10.5for denying a registry identification card to the qualifying patient or to the qualifying
10.6patient's designated caregiver.
10.7(d) Denial of an application or renewal is considered a final decision of the
10.8commissioner and is subject to judicial review.
10.9 Subd. 5. Expiration. All registry identifications cards expire one year after the
10.10date of issue.
10.11 Subd. 6. Lost registry identification cards. If a registry identification card is
10.12lost, the cardholder shall promptly notify the commissioner. Within five days of the
10.13notification, and upon payment of a $25 fee, the commissioner shall issue a new registry
10.14identification card with a new random identification number to the cardholder and, if
10.15the cardholder is a registered qualifying patient, to the registered qualifying patient's
10.16registered designated caregiver, if any.
10.17 Sec. 7. [152.27] NOTIFICATIONS.
10.18(a) A registered qualifying patient shall notify the commissioner within ten days
10.19of any change in the registered qualifying patient's name, mailing address, designated
10.20caregiver, preference regarding who may cultivate marijuana for the registered qualifying
10.21patient, address where marijuana plants are cultivated, or if the registered qualifying
10.22patient ceases to have a debilitating medical condition.
10.23(b) A registered designated caregiver shall notify the commissioner within ten days
10.24of any name change or change in mailing address.
10.25(c) If a cardholder notifies the commissioner of any changes listed in this section,
10.26but remains eligible under sections 152.22 to 152.38, the commissioner shall issue the
10.27cardholder a new registry identification card with new random 20-digit alphanumeric
10.28identification numbers within ten days of receiving the updated information and a $10
10.29fee. If the person notifying the commissioner is a registered qualifying patient, the
10.30commissioner shall also issue the patient's registered designated caregiver, if any, a new
10.31registry identification card within ten days of receiving the updated information.
10.32(d) If the registered qualifying patient's certifying practitioner notifies the
10.33commissioner in writing that either the registered qualifying patient has ceased to suffer
10.34from a debilitating medical condition or that the practitioner no longer believes the patient
10.35would receive therapeutic or palliative benefit from the medical use of marijuana, the card
11.1is void upon notification to the qualifying patient, and the registered qualifying patient
11.2has 15 days to dispose of any marijuana.
11.3(e) If a registered qualifying patient ceases to be a registered qualifying patient or
11.4changes the registered designated caregiver, the commissioner shall promptly notify the
11.5designated caregiver that the caregiver's duties and rights under sections 152.22 to 152.38
11.6for the qualifying patient expire 15 days after the commissioner sends notification.
11.7(f) A medical marijuana organization shall notify the commissioner within one
11.8business day of any theft or significant loss of marijuana.
11.9 Sec. 8. [152.28] MEDICAL MARIJUANA ORGANIZATION REQUIREMENTS.
11.10(a) The operating documents of a medical marijuana organization must include
11.11procedures for the oversight of the medical marijuana organization and procedures to
11.12ensure accurate record keeping.
11.13(b) A medical marijuana organization shall implement appropriate security measures
11.14to deter and prevent the theft of marijuana and unauthorized entrance into areas containing
11.15marijuana.
11.16(c) All cultivation, harvesting, manufacturing, and packaging of marijuana must take
11.17place in an enclosed, locked facility at a physical address provided to the commissioner
11.18during the registration process.
11.19(d) A medical marijuana dispensary may acquire usable marijuana or marijuana
11.20plants from a registered qualifying patient or a registered designated caregiver only if the
11.21registered qualifying patient or registered designated caregiver receives no compensation
11.22for the marijuana.
11.23(e) A medical marijuana organization shall not share office space with or refer
11.24patients to a practitioner.
11.25(f) A medical marijuana organization may not permit any person to consume
11.26marijuana on the property of a medical marijuana organization.
11.27(g) Medical marijuana organizations are subject to reasonable inspection by the
11.28commissioner. The commissioner shall give reasonable notice of an inspection.
11.29(h) A medical marijuana organization may not employ or otherwise allow any person
11.30who is under 21 years of age to be an agent of the medical marijuana organization.
11.31(i) Before marijuana may be dispensed to a registered qualifying patient or a
11.32registered designated caregiver, a registered medical marijuana dispensary agent must:
11.33(1) make a diligent effort to verify that the registry identification card presented to
11.34the medical marijuana dispensary is valid;
12.1(2) make a diligent effort to verify that the person presenting the card is the person
12.2identified on the registry identification card presented to the medical marijuana dispensary
12.3agent; and
12.4(3) not believe that the amount dispensed would cause the cardholder to possess
12.5more than the allowable amount of marijuana.
12.6 Sec. 9. [152.29] MEDICAL MARIJUANA ORGANIZATION LOCATIONS.
12.7A city may enact reasonable zoning rules that limit the use of land for medical
12.8marijuana dispensaries or safety compliance facilities to specified areas.
12.9 Sec. 10. [152.30] NURSING FACILITIES.
12.10Nursing facilities licensed under chapter 144A, or boarding care homes licensed
12.11under section 144.50, may adopt reasonable restrictions on the use of medical marijuana
12.12by persons receiving inpatient services. The restrictions may include a provision that the
12.13facility will not store or maintain the patient's supply of medical marijuana, that the facility
12.14is not responsible for providing the medical marijuana for qualifying patients, that medical
12.15marijuana be consumed by a method other than smoking, and that medical marijuana be
12.16consumed only in a place specified by the facility. Nothing contained in this section shall
12.17require the facilities to adopt such restrictions, and no facility shall unreasonably limit a
12.18qualifying patient's access to or use of medical marijuana.
12.19 Sec. 11. [152.31] VERIFICATION SYSTEM.
12.20The commissioner shall establish a secure telephone or Web-based verification
12.21system. The verification system must allow law enforcement personnel and registered
12.22medical marijuana organizations to enter a registry identification number and determine
12.23whether the number corresponds with a current, valid registry identification card. The
12.24system may disclose only whether the identification card is valid, the name of the
12.25cardholder, whether the cardholder is a qualifying patient or a designated caregiver,
12.26whether the cardholder is permitted to cultivate marijuana plants, and the registry
12.27identification number of any affiliated registered qualifying patient.
12.28 Sec. 12. [152.32] ANNUAL REPORT.
12.29The commissioner shall report annually to the legislature on the number of
12.30applications for registry identification cards, the number of qualifying patients and
12.31designated caregivers approved, the nature of the debilitating medical conditions of the
12.32qualifying patients, the number of registry identification cards revoked, and the number of
13.1practitioners providing written certification for qualifying patients. The commissioner
13.2must not include identifying information on qualifying patients, designated caregivers, or
13.3practitioners in the report.
13.4 Sec. 13. [152.33] CONFIDENTIALITY.
13.5(a) Data in registration applications and supporting data submitted by qualifying
13.6patients, designated caregivers, and medical marijuana organizations, including data
13.7on designated caregivers and practitioners, are private data on individuals or nonpublic
13.8data as defined in section 13.02.
13.9(b) Data kept or maintained by the commissioner may not be used for any purpose
13.10not provided for in sections 152.22 to 152.38 and may not be combined or linked in
13.11any manner with any other list or database.
13.12(c) Data kept or maintained by the commissioner may be disclosed as necessary for:
13.13(1) the verification of registration certificates and registry identification cards
13.14pursuant to section 152.31;
13.15(2) submission of the annual report required by section 152.32;
13.16(3) notification to state or local law enforcement of apparent criminal violations of
13.17sections 152.22 to 152.36;
13.18(4) notification to state and local law enforcement about falsified or fraudulent
13.19information submitted for purposes of obtaining or renewing a registry identification
13.20card; and
13.21(5) notification to the Board of Medical Practice if there is reason to believe that a
13.22practitioner provided a written certification without completing a full assessment of the
13.23qualifying patient's medical history and current medical condition or if the commissioner
13.24has reason to believe the practitioner otherwise violated the standard of care for evaluating
13.25medical conditions.
13.26(d) Any information kept or maintained by medical marijuana organizations must
13.27identify cardholders by their registry identification numbers and not contain names or
13.28other personally identifying information.
13.29(e) At the cardholder's request, the commissioner may confirm the cardholder's
13.30status as a registered qualifying patient or a registered designated caregiver to a third party,
13.31such as a landlord, school, medical professional, or court.
13.32 Sec. 14. [152.34] PROTECTIONS FOR THE MEDICAL USE OF MARIJUANA.
13.33 Subdivision 1. Presumption. (a) There is a presumption that a qualifying patient or
13.34designated caregiver is engaged in the authorized medical use of marijuana pursuant to
14.1sections 152.22 to 152.38. The presumption exists if the qualifying patient or designated
14.2caregiver:
14.3(1) is in possession of a registry identification card; and
14.4(2) is in possession of an amount of marijuana that does not exceed the allowable
14.5amount of marijuana.
14.6(b) The presumption may be rebutted by evidence that conduct related to use of
14.7marijuana was not for the purpose of treating or alleviating the qualifying patient's
14.8debilitating medical condition or symptoms associated with the qualifying patient's
14.9debilitating medical condition pursuant to sections 152.22 to 152.38.
14.10 Subd. 2. Qualifying patient and designated caregiver. A registered qualifying
14.11patient or registered designated caregiver who possesses a valid registry identification card
14.12is not subject to arrest, prosecution, or penalty in any manner, including any civil penalty,
14.13or denial of any right or privilege, or disciplinary action by a court or occupational or
14.14professional licensing board or bureau for:
14.15(1) the registered qualifying patient's medical use of marijuana pursuant to sections
14.16152.22 to 152.38, if the registered qualifying patient does not possess more than the
14.17allowable amount of marijuana;
14.18(2) the registered designated caregiver assisting a registered qualifying patient to
14.19whom the caregiver is connected through the commissioner's registration process with the
14.20registered qualifying patient's medical use of marijuana pursuant to sections 152.22 to
14.21152.34, if the registered designated caregiver does not possess more than the allowable
14.22amount of marijuana;
14.23(3) reimbursement by a registered qualifying patient to the patient's registered
14.24designated caregiver for direct costs incurred by the registered designated caregiver for
14.25assisting with the registered qualifying patient's medical use of marijuana;
14.26(4) transferring marijuana to a safety compliance facility for testing;
14.27(5) compensating a medical marijuana dispensary or a safety compliance facility
14.28for goods or services provided; or
14.29(6) offering or providing marijuana to a registered qualifying patient, to a registered
14.30designated caregiver for a registered qualifying patient's medical use, to a visiting
14.31qualifying patient, or to a medical marijuana dispensary if nothing of value is transferred
14.32in return and the person giving the marijuana does not knowingly cause the recipient to
14.33possess more than the allowable amount of marijuana.
14.34 Subd. 3. Visiting qualifying patient. A person who demonstrates that the person is
14.35a visiting qualifying patient shall not be subject to arrest, prosecution, or penalty in any
14.36manner, or denied any right or privilege including, but not limited to, civil penalty or
15.1disciplinary action by a business or occupational or professional licensing board or entity,
15.2for the medical use of marijuana pursuant to sections 152.22 to 152.38, if the visiting
15.3qualifying patient does not possess more than 2.5 ounces of usable marijuana.
15.4 Subd. 4. Dismissal of charges. If a qualifying patient or a designated caregiver who
15.5is not in possession of a registry identification card is arrested for possession of an amount
15.6of marijuana that does not exceed the allowable amount or is charged with this, the patient
15.7or caregiver shall be released from custody and the charges dismissed upon production of
15.8a valid registry identification card issued in the person's name.
15.9 Subd. 5. Practitioner. A practitioner may not be subject to arrest, prosecution,
15.10or penalty in any manner, or denied any right or privilege, including civil penalty or
15.11disciplinary action by the Board of Medical Practice or by another business, occupational,
15.12or professional licensing board or entity, based solely on providing written certifications
15.13or for otherwise stating that, in the practitioner's professional opinion, a patient is likely
15.14to receive therapeutic or palliative benefit from the medical use of marijuana to treat
15.15or alleviate the patient's debilitating medical condition or symptoms associated with
15.16the debilitating medical condition. Nothing in sections 152.22 to 152.38 prevents a
15.17professional licensing board from sanctioning a practitioner for failing to properly
15.18evaluate a patient's medical condition or otherwise violating the standard of care for
15.19evaluating medical conditions.
15.20 Subd. 6. Legal counsel. An attorney may not be subject to disciplinary action
15.21by the Minnesota State Bar Association or other professional licensing association for
15.22providing legal assistance to prospective or registered medical marijuana dispensaries,
15.23prospective or registered safety compliance facilities, or others related to activity that is no
15.24longer subject to criminal penalties under state law pursuant to sections 152.22 to 152.38.
15.25 Subd. 7. Arrest and prosecution prohibited. No person may be subject to arrest,
15.26prosecution, or penalty in any manner, or denied any right or privilege, including any
15.27civil penalty or disciplinary action by a court or occupational or professional licensing
15.28board or bureau, for:
15.29(1) providing or selling marijuana paraphernalia to a cardholder or to a medical
15.30marijuana organization upon presentation of a valid registry identification card or
15.31registration certificate; or
15.32(2) being in the presence or vicinity of the medical use of marijuana authorized
15.33under sections 152.22 to 152.38.
15.34 Subd. 8. Medical marijuana dispensary. A medical marijuana dispensary or a
15.35medical marijuana dispensary agent is not subject to prosecution, search, or inspection,
15.36except by the commissioner pursuant to section 152.28, paragraph (g); seizure; or penalty
16.1in any manner; and may not be denied any right or privilege, including civil penalty or
16.2disciplinary action by a court or business licensing board or entity, for acting pursuant to
16.3sections 152.22 to 152.38, and rules authorized by sections 152.22 to 152.38 to:
16.4(1) possess, plant, propagate, cultivate, grow, harvest, produce, process,
16.5manufacture, compound, convert, prepare, pack, repack, or store marijuana;
16.6(2) deliver, transfer, or transport marijuana, marijuana paraphernalia, or related
16.7supplies and educational materials to or from other medical marijuana organizations;
16.8(3) compensate a safety compliance facility for services or goods provided;
16.9(4) accept marijuana offered by a registered qualifying patient or a registered
16.10designated caregiver if nothing of value is transferred in return;
16.11(5) purchase or otherwise acquire marijuana from another registered medical
16.12marijuana dispensary; or
16.13(6) dispense, supply, or sell marijuana or related supplies and educational materials
16.14to registered qualifying patients, to registered designated caregivers on behalf of registered
16.15qualifying patients, or to other medical marijuana dispensaries.
16.16 Subd. 9. Safety compliance facility. A safety compliance facility or a safety
16.17compliance facility agent is not subject to prosecution, search, or inspection, except by the
16.18commissioner pursuant to section 152.28, paragraph (g); seizure; or penalty in any manner;
16.19and may not be denied any right or privilege, including civil penalty or disciplinary action
16.20by a court or business licensing board or entity, for acting pursuant to sections 152.22 to
16.21152.38 and rules authorized by sections 152.22 to 152.38, to provide the following services:
16.22(1) acquiring, possessing, or transporting marijuana obtained from registry
16.23identification cardholders or medical marijuana organizations;
16.24(2) returning the marijuana to the registry identification cardholder or medical
16.25marijuana organization from whom it was obtained;
16.26(3) producing or selling educational materials related to medical marijuana;
16.27(4) producing, possessing, selling, or transporting marijuana paraphernalia and
16.28equipment or materials other than marijuana to medical marijuana organizations or to
16.29cardholders, including lab equipment and packaging materials;
16.30(5) testing marijuana, including for potency, pesticides, mold, or contaminants;
16.31(6) providing training to cardholders; or
16.32(7) receiving compensation for services or goods other than marijuana provided
16.33under sections 152.22 to 152.38.
16.34 Subd. 10. Property rights. Any interest in or right to property that is lawfully
16.35possessed, owned, or used in connection with the medical use of marijuana as authorized
17.1in sections 152.22 to 152.38, or acts incidental to such use, is not forfeited under sections
17.2609.531 to 609.5318.
17.3 Subd. 11. Discrimination prohibited. (a) No school or landlord may refuse to
17.4enroll or lease to and may not otherwise penalize a person solely for the person's status
17.5as a cardholder, unless failing to do so would violate federal law or regulations or cause
17.6the school or landlord to lose a monetary or licensing-related benefit under federal law
17.7or regulations.
17.8(b) For the purposes of medical care, including organ transplants, a registered
17.9qualifying patient's use of marijuana according to sections 152.22 to 152.38 is considered
17.10the equivalent of the authorized use of any other medication used at the discretion of a
17.11physician and does not constitute the use of an illicit substance or otherwise disqualify a
17.12qualifying patient from needed medical care.
17.13(c) Unless a failure to do so would violate federal law or regulations or cause an
17.14employer to lose a monetary or licensing-related benefit under federal law or regulations,
17.15an employer may not discriminate against a person in hiring, termination, or any term or
17.16condition of employment, or otherwise penalize a person, if the discrimination is based
17.17upon either of the following:
17.18(1) the person's status as a registered qualifying patient or a registered designated
17.19caregiver; or
17.20(2) a registered qualifying patient's positive drug test for marijuana components or
17.21metabolites, unless the patient used, possessed, or was impaired by marijuana on the
17.22premises of the place of employment or during the hours of employment.
17.23(d) A person shall not be denied custody of or visitation rights or parenting time
17.24with a minor solely for the person's status as a registered qualifying patient or a registered
17.25designated caregiver, and there shall be no presumption of neglect or child endangerment
17.26for conduct allowed under sections 152.22 to 152.38, unless the person's behavior is
17.27such that it creates an unreasonable danger to the safety of the minor as established by
17.28clear and convincing evidence.
17.29 Subd. 12. Card as probable cause. Possession of or application for a registry
17.30identification card does not constitute probable cause or reasonable suspicion, nor shall it
17.31be used to support a search of the person or property of the person possessing or applying
17.32for the registry identification card, or otherwise subject the person or property of the
17.33person to inspection by any governmental agency.
17.34 Sec. 15. [152.35] AFFIRMATIVE DEFENSE.
18.1(a) Except as provided in section 152.23, a person may assert the medical purpose
18.2for using marijuana as a defense to any prosecution involving marijuana, and the defense
18.3shall be presumed valid if the evidence shows that:
18.4(1) a practitioner has stated that, in the practitioner's professional opinion, after
18.5having completed a full assessment of the person's medical history and current medical
18.6condition made in the course of a bona fide practitioner-patient relationship, the patient
18.7has a debilitating medical condition and the potential benefits of using marijuana for
18.8medical purposes would likely outweigh the health risks for the person;
18.9(2) the person was in possession of no more than 2.5 ounces of usable marijuana, a
18.10reasonable amount of marijuana that is not usable marijuana, and six marijuana plants; and
18.11(3) the person was engaged in the acquisition, possession, use, manufacture,
18.12cultivation, or transportation of marijuana, paraphernalia, or both, relating to the
18.13administration of marijuana to treat or alleviate the individual's debilitating medical
18.14condition or symptoms associated with the individual's debilitating medical condition.
18.15(b) The defense and motion to dismiss shall not prevail if the prosecution proves that:
18.16(1) the individual had a registry identification card revoked for misconduct; or
18.17(2) the purpose of the possession of marijuana was not for palliative or therapeutic
18.18use by the individual with a debilitating medical condition who raised the defense.
18.19(c) An individual is not required to possess a registry identification card to raise the
18.20affirmative defense set forth in this section.
18.21(d) A person may assert the medical purpose for using marijuana in a motion to
18.22dismiss, and the charges shall be dismissed following an evidentiary hearing where the
18.23defendant shows the elements listed in paragraph (a).
18.24(e) Any interest in or right to property that was possessed, owned, or used in
18.25connection with a person's use of marijuana for medical purposes shall not be forfeited if
18.26the person or the person's designated caregiver demonstrates the person's medical purpose
18.27for using marijuana under this section.
18.28(f) This section shall only apply if:
18.29(1) the person's arrest, citation, or prosecution occurred after the effective date of
18.30sections 152.22 to 152.38, but before registration for qualified patients is available; or
18.31(2) the person's arrest or citation occurred after a valid application for a qualifying
18.32patient had been submitted but before the registry identification card was received.
18.33 Sec. 16. [152.36] SUSPENSION AND REVOCATION.
18.34 Subdivision 1. Suspension or revocation of registration certificate. The
18.35commissioner may by motion or on complaint, after investigation and opportunity
19.1for a public hearing at which the medical marijuana organization has been afforded an
19.2opportunity to be heard, suspend or revoke a registration certificate for multiple negligent
19.3violations or for a serious and knowing violation by the registrant or any of its agents of
19.4sections 152.22 to 152.38, or any rules adopted pursuant to section 152.24.
19.5 Subd. 2. Notice. The commissioner shall provide notice of suspension, revocation,
19.6fine, or other sanction, as well as the required notice of the hearing, by mailing the same
19.7in writing to the registered organization at the address on the registration certificate. A
19.8suspension shall not be longer than six months.
19.9 Subd. 3. Suspensions. A medical marijuana dispensary may continue to cultivate
19.10and possess marijuana plants during a suspension, but it may not dispense, transfer, or
19.11sell marijuana.
19.12 Subd. 4. Diversion by medical marijuana dispensary. The commissioner shall
19.13immediately revoke the registration certificate of a medical marijuana organization that
19.14violates section 152.37, subdivision 2, and its board members and principal officers may not
19.15serve as board members or principal officers for any other medical marijuana organization.
19.16 Subd. 5. Diversion by cardholder. The commissioner shall immediately revoke the
19.17registry identification card of any cardholder who sells marijuana to a person who is not
19.18allowed to possess marijuana for medical purposes under sections 152.22 to 152.38, and
19.19the cardholder is disqualified from further participation under sections 152.22 to 152.38.
19.20 Subd. 6. Revocation of registry identification card. The department may revoke
19.21the registry identification card of any registered qualifying patient or registered designated
19.22caregiver who knowingly commits a serious known violation of this chapter.
19.23 Subd. 7. Judicial review. Revocation is a final decision of the commissioner,
19.24subject to judicial review.
19.25 Sec. 17. [152.37] VIOLATIONS.
19.26 Subdivision 1. Failure to provide required notice; civil penalty. A registered
19.27qualifying patient, designated caregiver, or registered organization that willfully fails to
19.28provide a notice required by section 152.27 is guilty of a petty misdemeanor, punishable
19.29by a fine of no more than $150.
19.30 Subd. 2. Intentional diversion; criminal penalty. In addition to any other
19.31applicable penalty in law, a medical marijuana organization or an agent of a medical
19.32marijuana organization who intentionally sells or otherwise transfers marijuana in
19.33exchange for anything of value to a person other than a qualifying patient, a designated
19.34caregiver, or a medical marijuana organization or its agent is guilty of a felony punishable
19.35by imprisonment for not more than two years or by payment of a fine of not more
20.1than $3,000, or both. A person convicted under this subdivision may not continue to
20.2be affiliated with the medical marijuana organization and is disqualified from further
20.3participation under sections 152.22 to 152.38.
20.4 Subd. 3. Diversion by cardholder; criminal penalty. In addition to any other
20.5applicable penalty in law, a registered qualifying patient or registered designated caregiver
20.6who intentionally sells or otherwise transfers marijuana in exchange for anything of value
20.7to a person other than a qualifying patient, a designated caregiver, or a visiting qualifying
20.8patient is guilty of a felony punishable by imprisonment for not more than two years or by
20.9payment of a fine of not more than $3,000, or both.
20.10 Subd. 4. Transfer of registry identification card; criminal penalty. In addition
20.11to any other applicable penalty in law, a qualifying patient or designated caregiver
20.12who sells, transfers, loans, or otherwise gives another person the qualifying patient's
20.13or designated caregiver's registry identification card is guilty of a felony and may be
20.14sentenced to imprisonment for not more than two years, or payment of a fine of not more
20.15than $3,000, or both.
20.16 Subd. 5. False statement; criminal penalty. A person who intentionally makes a
20.17false statement to a law enforcement official about any fact or circumstance relating to
20.18the medical use of marijuana to avoid arrest or prosecution is guilty of a misdemeanor
20.19punishable by imprisonment for not more than 90 days or by payment of a fine of not
20.20more than $1,000, or both. The penalty is in addition to any other penalties that may apply
20.21for making a false statement or for the possession, cultivation, or sale of marijuana not
20.22protected by sections 152.22 to 152.38. If a person convicted of violating this section is
20.23a qualifying patient or a designated caregiver, the person is disqualified from further
20.24participation under sections 152.22 to 152.38.
20.25 Subd. 6. Submission of false records; criminal penalty. A person who knowingly
20.26submits false records or documentation required by the commissioner to certify a medical
20.27marijuana organization under sections 152.22 to 152.38 is guilty of a felony and may
20.28be sentenced to imprisonment for not more than two years, or payment of a fine of not
20.29more than $3,000, or both.
20.30 Subd. 7. Violation by practitioner; criminal penalty. A practitioner who
20.31knowingly refers patients to a medical marijuana organization or to a designated caregiver,
20.32who advertises in a medical marijuana organization, or who issues written certifications
20.33while holding a financial interest in a medical marijuana organization is guilty of a
20.34misdemeanor and may be sentenced to imprisonment for not more than 90 days, or
20.35payment of a fine of not more than $1,000, or both.
21.1 Subd. 8. Breach of confidentiality; criminal penalty. It is a misdemeanor for any
21.2person, including the commissioner or another state agency or local government, to breach
21.3the confidentiality of information obtained pursuant to sections 152.22 to 152.38.
21.4 Subd. 9. Other violations; civil penalty. A medical marijuana organization shall
21.5be fined up to $1,000 for any violation of sections 152.22 to 152.38, or the regulations
21.6issued pursuant to them, where no penalty has been specified. This penalty is in addition
21.7to any other applicable penalties in law.
21.8 Sec. 18. [152.38] IMPLEMENTATION.
21.9(a) The commissioner must begin issuing registry identification cards and
21.10registration certificates under sections 152.22 to 152.38 by October 1, 2014.
21.11(b) If the commissioner fails to adopt rules to implement sections 152.22 to 152.38
21.12within 120 days of July 1, 2014, any citizen may commence a mandamus action in the
21.13district court to compel the commissioner to perform the actions mandated under sections
21.14152.22 to 152.38.
21.15(c) If the commissioner fails to establish the verification system required by section
21.16152.31 within 120 days of July 1, 2014, any citizen may commence a mandamus action
21.17in the district court to compel the commissioner to perform the actions mandated by
21.18this chapter.
21.19(d) If the commissioner fails to issue a registry identification card within 45 days of
21.20submission of a valid application or renewal, the registry identification card is deemed
21.21issued, and a copy of the registry identification card application or renewal is deemed a
21.22valid registry identification card for one year following the date of the written certification.
21.23(e) If at any time after the 140 days following July 1, 2014, the commissioner is not
21.24accepting applications or has not adopted rules allowing qualifying patients to submit
21.25applications, a notarized statement by a qualifying patient containing the information
21.26required in an application pursuant to section 152.26, together with a written certification
21.27issued by a practitioner within the 90 days immediately preceding the notarized statement,
21.28are deemed a valid registry identification card.
21.29 Sec. 19. [152.39] FEES.
21.30(a) The fees in sections 152.22 to 152.37 are annually appropriated and deposited
21.31in the state government special revenue fund for use by the commissioner to administer
21.32sections 152.22 to 152.38.
22.1(b) The total fees collected must generate revenues sufficient to implement and
22.2administer sections 152.22 to 152.38, except fee revenue may be offset or supplemented
22.3by private donations.
22.4(c) The total amount of revenue from registration certificate application and renewal
22.5fees must be sufficient to implement and administer the provisions of sections 152.22 to
22.6152.38 relating to medical marijuana organizations, including the verification system,
22.7except fee revenue may be offset or supplemented by private donations.
22.8(d) The commissioner may establish a sliding scale of patient application and
22.9renewal fees based upon a qualifying patient's household income.
22.10(e) The commissioner may accept private donations to reduce application and
22.11renewal fees.
22.12 Sec. 20. Minnesota Statutes 2012, section 256B.0625, subdivision 13d, is amended to
22.13read:
22.14 Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug
22.15formulary. Its establishment and publication shall not be subject to the requirements of the
22.16Administrative Procedure Act, but the Formulary Committee shall review and comment
22.17on the formulary contents.
22.18 (b) The formulary shall not include:
22.19 (1) drugs, active pharmaceutical ingredients, or products for which there is no
22.20federal funding;
22.21 (2) over-the-counter drugs, except as provided in subdivision 13;
22.22 (3) drugs or active pharmaceutical ingredients used for weight loss, except that
22.23medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;
22.24 (4) drugs or active pharmaceutical ingredients when used for the treatment of
22.25impotence or erectile dysfunction;
22.26 (5) drugs or active pharmaceutical ingredients for which medical value has not
22.27been established;and
22.28 (6) drugs from manufacturers who have not signed a rebate agreement with the
22.29Department of Health and Human Services pursuant to section 1927 of title XIX of the
22.30Social Security Act; and
22.31 (7) marijuana for medical use as defined in sections 152.22 to 152.38.
22.32 (c) If a single-source drug used by at least two percent of the fee-for-service
22.33medical assistance recipients is removed from the formulary due to the failure of the
22.34manufacturer to sign a rebate agreement with the Department of Health and Human
22.35Services, the commissioner shall notify prescribing practitioners within 30 days of
23.1receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a
23.2rebate agreement was not signed.
23.3 Sec. 21. APPROPRIATIONS.
23.4$256,000 in fiscal year 2015 and $48,000 in fiscal year 2016 are appropriated from
23.5the state government special revenue fund to the commissioner of health to implement
23.6Minnesota Statutes, sections 152.22 to 152.38. This is a onetime appropriation.
23.7 Sec. 22. EFFECTIVE DATE.
23.8Sections 1 to 21 are effective July 1, 2014.
1.3authorizing rulemaking; providing criminal and civil penalties; appropriating
1.4money;amending Minnesota Statutes 2012, sections 13.3806, by adding a
1.5subdivision; 256B.0625, subdivision 13d; proposing coding for new law in
1.6Minnesota Statutes, chapter 152.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 13.3806, is amended by adding a
1.9subdivision to read:
1.10 Subd. 22. Medical use of marijuana data. Data collected by the commissioner of
1.11health relating to registrations for the medical use of marijuana are classified in section
1.12152.33.
1.13 Sec. 2. [152.22] DEFINITIONS.
1.14 Subdivision 1. Applicability. For purposes of sections 152.22 to 152.38, the terms
1.15defined in this section have the meanings given them.
1.16 Subd. 2. Allowable amount of marijuana. (a) "Allowable amount of marijuana"
1.17means:
1.18(1) with respect to a qualifying patient, 2.5 ounces of usable marijuana and if
1.19the qualifying patient's registry identification card states that the qualifying patient is
1.20authorized to cultivate marijuana:
1.21(i) six marijuana plants contained in an enclosed, locked facility, except the plants
1.22are not required to be in an enclosed, locked facility if the plants are being transported
1.23because the qualifying patient is moving; and
2.1(ii) marijuana that is produced from allowable plants that is on the premises where
2.2the plants were grown;
2.3(2) with respect to a designated caregiver, for each patient assisted by the designated
2.4caregiver:
2.5(i) 2.5 ounces of usable marijuana; and
2.6(ii) if the designated caregiver's registry identification card provides that the
2.7designated caregiver is authorized to cultivate marijuana:
2.8(A) six marijuana plants contained in an enclosed, locked facility, except the plants
2.9are not required to be in an enclosed, locked facility if the plants are being transported
2.10because the designated caregiver is moving; and
2.11(B) marijuana that is produced from allowable plants that is on the premises where
2.12the plants were grown.
2.13(b) Marijuana that is incidental to medical use, but is not usable marijuana as
2.14defined in subdivision 16, may not be counted toward a qualifying patient's or designated
2.15caregiver's allowable amount of marijuana.
2.16 Subd. 3. Commissioner. "Commissioner" means the commissioner of health.
2.17 Subd. 4. Cardholder. "Cardholder" means a qualifying patient or a designated
2.18caregiver who has been issued and possesses a valid registry identification card.
2.19 Subd. 5. Debilitating medical condition. "Debilitating medical condition" means:
2.20(1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, Tourette's
2.21syndrome, amyotrophic lateral sclerosis, post-traumatic stress disorder, or the treatment
2.22of those conditions;
2.23(2) a chronic or debilitating disease or medical condition or its treatment that
2.24produces cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures,
2.25including those characteristic of epilepsy; severe and persistent muscle spasms, including
2.26those characteristic of multiple sclerosis; and Crohn's disease;
2.27(3) the condition of an HIV-positive patient when the patient's physician believes the
2.28patient could benefit from consumption of marijuana; or
2.29(4) any other medical condition or its treatment approved by the commissioner.
2.30 Subd. 6. Designated caregiver. "Designated caregiver" means a person who is at
2.31least 21 years old and who has agreed to assist no more than five qualifying patients
2.32with the medical use of marijuana.
2.33 Subd. 7. Enclosed, locked facility. "Enclosed, locked facility" means a closet,
2.34room, greenhouse, building, or other enclosed area equipped with locks or other security
2.35devices that permit access only by a cardholder.
3.1 Subd. 8. Medical marijuana dispensary. "Medical marijuana dispensary"
3.2means an entity registered under section 152.25 that cultivates, acquires, manufactures,
3.3possesses, prepares, packs, stores, delivers, transfers, transports, sells, supplies, or
3.4dispenses marijuana, paraphernalia, or related supplies and educational materials to
3.5registered qualifying patients or registered designated caregivers.
3.6 Subd. 9. Medical marijuana organization. "Medical marijuana organization"
3.7means a medical marijuana dispensary or a safety compliance facility.
3.8 Subd. 10. Medical use of marijuana. "Medical use of marijuana" means
3.9the acquisition, possession, use, administration, preparation, planting, cultivation,
3.10propagation, harvesting, production, processing, manufacture, testing, compounding,
3.11converting, delivery, transfer, or transportation of marijuana or drug paraphernalia, as
3.12defined in section 152.01, subdivision 18, relating to the consumption of marijuana to
3.13alleviate a registered qualifying patient's debilitating medical condition or symptoms
3.14associated with the medical condition.
3.15 Subd. 11. Practitioner. "Practitioner" means a Minnesota licensed doctor of
3.16medicine, a Minnesota licensed doctor of osteopathy licensed to practice medicine, a
3.17Minnesota licensed physician assistant acting within the scope of authorized practice, or
3.18a Minnesota licensed advance practice registered nurse, except that if the qualifying
3.19patient's debilitating medical condition is post-traumatic stress disorder, the practitioner
3.20must be a licensed psychiatrist.
3.21 Subd. 12. Qualifying patient. "Qualifying patient" means a person who has been
3.22diagnosed by a practitioner as having a debilitating medical condition.
3.23 Subd. 13. Registration certificate. "Registration certificate" means a document
3.24issued by the commissioner that identifies an entity as a medical marijuana dispensary
3.25or a safety compliance facility.
3.26 Subd. 14. Registry identification card. "Registry identification card" means a
3.27document issued by the commissioner that identifies a person as a registered qualifying
3.28patient or registered designated caregiver.
3.29 Subd. 15. Safety compliance facility. "Safety compliance facility" means an entity
3.30registered under section 152.25 to provide consumer protection services to the public
3.31by means of laboratory sampling and testing for potency and contaminants or public
3.32information and training services regarding:
3.33(1) the safe and efficient cultivation, harvesting, packaging, labeling, and distribution
3.34of marijuana;
3.35(2) security and inventory accountability procedures; or
3.36(3) scientific and medical research findings related to medical marijuana.
4.1 Subd. 16. Usable marijuana. "Usable marijuana" means the flowers of the
4.2marijuana plant, or any mixture or preparation of them, but does not include the seeds,
4.3stalks, leaves, and roots of the plant and does not include the weight of any nonmarijuana
4.4ingredients combined with marijuana, including ingredients added to prepare a topical
4.5administration, food, or drink.
4.6 Subd. 17. Visiting qualifying patient. "Visiting qualifying patient" means a person
4.7who was diagnosed with a debilitating medical condition by a person who is licensed
4.8with authority to prescribe drugs to humans in the state of the person's residence; who
4.9possesses a registry identification card, or its equivalent, that was issued pursuant to the
4.10laws of another state, district, territory, commonwealth, insular possession of the United
4.11States, or country recognized by the United States; and who is not a resident of Minnesota
4.12or has been a resident of Minnesota fewer than 30 days.
4.13 Subd. 18. Written certification. "Written certification" means a document
4.14signed and dated by a licensed practitioner stating, that in the practitioner's professional
4.15opinion, the patient is likely to receive therapeutic or palliative benefit from the medical
4.16use of marijuana to treat or alleviate the patient's debilitating medical condition. The
4.17practitioner must: (1) specify the qualifying patient's debilitating medical condition in
4.18the written certification; and (2) sign and date the written certification only in the course
4.19of a practitioner-patient relationship after the practitioner has completed a full physical
4.20examination of the qualifying patient and a full assessment of the qualifying patient's
4.21medical history and current medical condition.
4.22 Sec. 3. [152.23] LIMITATIONS.
4.23(a) Sections 152.22 to 152.38 do not permit any person to engage in and do not
4.24prevent the imposition of any civil, criminal, or other penalties for:
4.25(1) undertaking any task under the influence of marijuana that would constitute
4.26negligence or professional malpractice;
4.27(2) possessing or engaging in the medical use of marijuana:
4.28(i) on a school bus;
4.29(ii) on the grounds of any preschool or primary or secondary school; or
4.30(iii) in any correctional facility;
4.31(3) smoking marijuana:
4.32(i) on any form of public transportation;
4.33(ii) where the smoke would be inhaled by a minor child; or
4.34(iii) in any public place; and
5.1(4) operating, navigating, or being in actual physical control of any motor vehicle,
5.2aircraft, train, or motorboat, or working on transportation property, equipment, or facilities
5.3while under the influence of marijuana.
5.4 (b) Nothing in sections 152.22 to 152.38 requires the medical assistance and
5.5MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with
5.6the medical use of marijuana.
5.7 Sec. 4. [152.24] RULEMAKING.
5.8The commissioner shall adopt rules that set forth the procedures and methods for
5.9implementing sections 152.22 to 152.38, including:
5.10(1) receiving petitions from the public to add debilitating medical conditions or
5.11treatments to the list of debilitating medical conditions in section 152.22, subdivision 5,
5.12and requiring public notice of a public hearing, and the opportunity to comment upon any
5.13petition;
5.14(2) establishing the form and content of registration and renewal applications
5.15submitted under sections 152.22 to 152.38;
5.16(3) establishing a system to numerically score competing medical marijuana
5.17dispensary applicants that must include analysis of:
5.18(i) the suitability of the proposed location and its accessibility for patients;
5.19(ii) the character, veracity, background, and relevant experience of principal officers
5.20and board members; and
5.21(iii) the business plan proposed by the applicant, including its ability to maintain
5.22an adequate supply of marijuana, plans to ensure safety and security of patrons and
5.23the community, procedures to be used to prevent diversion, and any plan for making
5.24marijuana available to low-income registered qualifying patients;
5.25(4) establishing a system to consider applications for and renewals of registry
5.26identification cards;
5.27(5) establishing standards for medical marijuana organizations to prevent diversion
5.28and theft without imposing an undue burden or compromising the confidentiality of
5.29cardholders, including:
5.30(i) receiving applications for and renewals of registration certificates;
5.31(ii) oversight requirements;
5.32(iii) record-keeping requirements;
5.33(iv) security requirements, including requirements for protection of each location by
5.34a fully operational security alarm system;
5.35(v) safety requirements; and
6.1(vi) requirements and procedures for the safe and accurate packaging and labeling of
6.2medical marijuana, in compliance with the United States Poison Prevention Packing Act
6.3regarding child resistant packaging and exemptions for packaging for elderly patients;
6.4(6) requiring the labeling of marijuana and marijuana products sold by medical
6.5marijuana dispensaries;
6.6(7) establishing procedures for suspending or revoking the registration certificates or
6.7registry identification cards of medical marijuana organizations or cardholders who violate
6.8the provisions of sections 152.22 to 152.38 or the rules adopted under this section; and
6.9 (8) establishing reasonable restrictions relating to signage, marketing, display, and
6.10advertising of marijuana for medical use.
6.11 Sec. 5. [152.25] REGISTRATION AND CERTIFICATION OF MEDICAL
6.12MARIJUANA ORGANIZATIONS.
6.13 Subdivision 1. Registration. Not later than 90 days after receiving an application
6.14for a medical marijuana organization, the commissioner shall register the prospective
6.15medical marijuana organization and issue a registration certificate and a random 20-digit
6.16alphanumeric identification number if all of the following conditions are satisfied:
6.17(1) the prospective medical marijuana organization has submitted all of the following:
6.18(i) the application fee for a dispensary of $15,000; if the application is not approved,
6.19$14,000 will be refunded;
6.20(ii) the application fee for a safety compliance facility of $5,000; if the application
6.21is not approved, $4,000 will be refunded;
6.22(iii) an application, including:
6.23(A) the legal name of the prospective medical marijuana organization;
6.24(B) the physical address of the prospective medical marijuana organization that is
6.25not within 1,000 feet of a public or private school existing before the date of the medical
6.26marijuana organization's application;
6.27(C) the name and date of birth of each principal officer and board member of the
6.28proposed medical marijuana organization;
6.29(D) the name and date of birth of each additional agent of the proposed medical
6.30marijuana organization; and
6.31(E) any additional information requested by the commissioner;
6.32(iv) operating procedures consistent with rules for oversight of the proposed medical
6.33marijuana organization, including procedures to ensure accurate record keeping and
6.34adequate security measures; and
7.1(v) if the city or county where the proposed medical marijuana organization would
7.2be located has enacted zoning restrictions, a sworn statement certifying that the proposed
7.3medical marijuana organization is in compliance with the restrictions;
7.4(2) none of the principal officers or board members of the medical marijuana
7.5organization has served as a principal officer or board member for a medical marijuana
7.6organization that has had its registration certificate revoked;
7.7(3) none of the principal officers or board members of the medical marijuana
7.8organization is under 21 years of age; and
7.9(4) if the proposed medical marijuana organization is a medical marijuana dispensary
7.10applicant, it is located in a county with more than 20,000 permanent residents and:
7.11(i) the county does not already contain one medical marijuana dispensary if it has a
7.12population of 300,000 or fewer;
7.13(ii) the county does not already contain two medical marijuana dispensaries if the
7.14county has a population of at least 300,000 and fewer than 1,000,000; and
7.15(iii) the county does not already contain three medical marijuana dispensaries if the
7.16county has a population of at least 1,000,000.
7.17 Subd. 2. Additional dispensaries. A county with an area greater than 5,000 square
7.18miles must have at least two medical marijuana dispensaries, regardless of population.
7.19The commissioner may register additional medical marijuana dispensaries at its discretion.
7.20 Subd. 3. Competing applications. When competing applications are submitted for
7.21a proposed medical marijuana dispensary within a single county, the commissioner shall
7.22use an impartial and numerically scored competitive bidding process to determine which
7.23application or applications among those competing will be approved. The commissioner
7.24may conduct a background check of the principal officers and board members of the
7.25prospective medical marijuana dispensary to carry out this provision.
7.26 Subd. 4. Expiration. All registration certificates expire one year after the date
7.27of issue.
7.28 Subd. 5. Renewal. The commissioner shall issue a renewal registration certificate
7.29within ten days of receipt of the prescribed renewal application and renewal fee from a
7.30medical marijuana organization if its registration certificate is not under suspension and
7.31has not been revoked.
7.32 Sec. 6. [152.26] REGISTRY IDENTIFICATION CARDS.
7.33 Subdivision 1. Registration of qualifying patients and designated caregivers.
7.34A qualifying patient may apply to the commissioner for a registry identification card by
7.35submitting all of the following:
8.1(1) written certification issued by a licensed practitioner within the 90 days
8.2immediately preceding the date of application;
8.3(2) the application fee of $100, unless the patient is on Social Security disability
8.4or Medicare and then the fee is $25; and
8.5(3) an application, including:
8.6(i) name, mailing address, and date of birth of the qualifying patient, except that if
8.7the applicant is homeless, no address is required;
8.8(ii) name, mailing address, and telephone number of the qualifying patient's
8.9practitioner;
8.10(iii) name, mailing address, and date of birth of the qualifying patient's designated
8.11caregiver, if any;
8.12(iv) a signed statement from the designated caregiver, if any, agreeing to be the
8.13patient's designated caregiver and certifying that if the application is approved the
8.14designated caregiver will not be a registered designated caregiver for more than five
8.15registered qualifying patients; and
8.16(v) a designation as to who will be allowed to cultivate marijuana plants for the
8.17qualifying patient's medical use if a medical marijuana dispensary is not operating within
8.18the lesser of 30 miles or 30 minutes of the qualifying patient's home.
8.19 Subd. 2. Issuance. (a) Except as provided in clause (2) and subdivision 4, the
8.20commissioner shall:
8.21(1) verify the information contained in an application or renewal submitted
8.22according to sections 152.22 to 152.38 and approve or deny an application or renewal
8.23within ten days of receiving a completed application or renewal; and
8.24(2) issue a registry identification card to a qualifying patient and the patient's
8.25designated caregiver, if any, within five days of approving the application or renewal. A
8.26designated caregiver must have a registry identification card for each of the caregiver's
8.27qualifying patients.
8.28(b) The commissioner may not issue a registry identification card to a qualifying
8.29patient who is under the age of 18 unless:
8.30(1) the qualifying patient's practitioner has explained the potential risks and benefits
8.31of the medical use of marijuana to the qualifying patient and to the parent, guardian, or
8.32person having legal custody of the qualifying patient;
8.33(2) at least two practitioners have issued a written certification within the 90 days
8.34immediately preceding the date of application;
8.35(3) the parent, guardian, or person having legal custody consents in writing to allow
8.36the qualifying patient's medical use of marijuana; and
9.1(4) a parent, guardian, or person having legal custody of the qualifying patient
9.2consents in writing to:
9.3(i) serve as the qualifying patient's designated caregiver; and
9.4(ii) control the acquisition of marijuana, the dosage, and the frequency of the medical
9.5use of marijuana by the qualifying patient.
9.6(c) If the registry identification card of either a qualifying patient or the patient's
9.7designated caregiver does not state that the cardholder is authorized to cultivate marijuana
9.8plants, the commissioner must give written notice to the registered qualifying patient,
9.9when the qualifying patient's registry identification card is issued, of the names and
9.10addresses of all registered medical marijuana dispensaries.
9.11 Subd. 3. Contents of registry identification cards. Registry identification cards for
9.12qualifying patients and designated caregivers must contain all of the following:
9.13(1) name and date of birth of the cardholder;
9.14(2) a statement of whether the cardholder is a qualifying patient or a designated
9.15caregiver;
9.16(3) the date of issuance and expiration date of the registry identification card;
9.17(4) a random 20-digit alphanumeric identification number that is unique to the
9.18cardholder and contains at least four numbers and at least four letters;
9.19(5) if the cardholder is a designated caregiver, the random identification number of
9.20the registered qualifying patient the designated caregiver is assisting;
9.21(6) a photograph of the cardholder; and
9.22(7) a clear indication of whether the cardholder has been designated to cultivate
9.23marijuana plants for the qualifying patient's medical use.
9.24 Subd. 4. Denial of registry identification cards. (a) The commissioner may deny
9.25an application or renewal of a qualifying patient's registry identification card only if the
9.26applicant:
9.27(1) does not meet the requirements of section 152.22, subdivision 12;
9.28(2) does not provide the information required;
9.29(3) previously had a registry identification card revoked for violating sections
9.30152.22 to 152.38; or
9.31(4) provides false information.
9.32(b) The commissioner may deny an application or renewal of a designated
9.33caregiver's registry identification card only if the applicant:
9.34(1) does not meet the requirements of section 152.22, subdivision 6;
9.35(2) does not provide the information required;
10.1(3) previously had a registry identification card revoked for violating sections
10.2152.22 to 152.38; or
10.3(4) provides false information.
10.4(c) The commissioner shall give written notice to the qualifying patient of the reason
10.5for denying a registry identification card to the qualifying patient or to the qualifying
10.6patient's designated caregiver.
10.7(d) Denial of an application or renewal is considered a final decision of the
10.8commissioner and is subject to judicial review.
10.9 Subd. 5. Expiration. All registry identifications cards expire one year after the
10.10date of issue.
10.11 Subd. 6. Lost registry identification cards. If a registry identification card is
10.12lost, the cardholder shall promptly notify the commissioner. Within five days of the
10.13notification, and upon payment of a $25 fee, the commissioner shall issue a new registry
10.14identification card with a new random identification number to the cardholder and, if
10.15the cardholder is a registered qualifying patient, to the registered qualifying patient's
10.16registered designated caregiver, if any.
10.17 Sec. 7. [152.27] NOTIFICATIONS.
10.18(a) A registered qualifying patient shall notify the commissioner within ten days
10.19of any change in the registered qualifying patient's name, mailing address, designated
10.20caregiver, preference regarding who may cultivate marijuana for the registered qualifying
10.21patient, address where marijuana plants are cultivated, or if the registered qualifying
10.22patient ceases to have a debilitating medical condition.
10.23(b) A registered designated caregiver shall notify the commissioner within ten days
10.24of any name change or change in mailing address.
10.25(c) If a cardholder notifies the commissioner of any changes listed in this section,
10.26but remains eligible under sections 152.22 to 152.38, the commissioner shall issue the
10.27cardholder a new registry identification card with new random 20-digit alphanumeric
10.28identification numbers within ten days of receiving the updated information and a $10
10.29fee. If the person notifying the commissioner is a registered qualifying patient, the
10.30commissioner shall also issue the patient's registered designated caregiver, if any, a new
10.31registry identification card within ten days of receiving the updated information.
10.32(d) If the registered qualifying patient's certifying practitioner notifies the
10.33commissioner in writing that either the registered qualifying patient has ceased to suffer
10.34from a debilitating medical condition or that the practitioner no longer believes the patient
10.35would receive therapeutic or palliative benefit from the medical use of marijuana, the card
11.1is void upon notification to the qualifying patient, and the registered qualifying patient
11.2has 15 days to dispose of any marijuana.
11.3(e) If a registered qualifying patient ceases to be a registered qualifying patient or
11.4changes the registered designated caregiver, the commissioner shall promptly notify the
11.5designated caregiver that the caregiver's duties and rights under sections 152.22 to 152.38
11.6for the qualifying patient expire 15 days after the commissioner sends notification.
11.7(f) A medical marijuana organization shall notify the commissioner within one
11.8business day of any theft or significant loss of marijuana.
11.9 Sec. 8. [152.28] MEDICAL MARIJUANA ORGANIZATION REQUIREMENTS.
11.10(a) The operating documents of a medical marijuana organization must include
11.11procedures for the oversight of the medical marijuana organization and procedures to
11.12ensure accurate record keeping.
11.13(b) A medical marijuana organization shall implement appropriate security measures
11.14to deter and prevent the theft of marijuana and unauthorized entrance into areas containing
11.15marijuana.
11.16(c) All cultivation, harvesting, manufacturing, and packaging of marijuana must take
11.17place in an enclosed, locked facility at a physical address provided to the commissioner
11.18during the registration process.
11.19(d) A medical marijuana dispensary may acquire usable marijuana or marijuana
11.20plants from a registered qualifying patient or a registered designated caregiver only if the
11.21registered qualifying patient or registered designated caregiver receives no compensation
11.22for the marijuana.
11.23(e) A medical marijuana organization shall not share office space with or refer
11.24patients to a practitioner.
11.25(f) A medical marijuana organization may not permit any person to consume
11.26marijuana on the property of a medical marijuana organization.
11.27(g) Medical marijuana organizations are subject to reasonable inspection by the
11.28commissioner. The commissioner shall give reasonable notice of an inspection.
11.29(h) A medical marijuana organization may not employ or otherwise allow any person
11.30who is under 21 years of age to be an agent of the medical marijuana organization.
11.31(i) Before marijuana may be dispensed to a registered qualifying patient or a
11.32registered designated caregiver, a registered medical marijuana dispensary agent must:
11.33(1) make a diligent effort to verify that the registry identification card presented to
11.34the medical marijuana dispensary is valid;
12.1(2) make a diligent effort to verify that the person presenting the card is the person
12.2identified on the registry identification card presented to the medical marijuana dispensary
12.3agent; and
12.4(3) not believe that the amount dispensed would cause the cardholder to possess
12.5more than the allowable amount of marijuana.
12.6 Sec. 9. [152.29] MEDICAL MARIJUANA ORGANIZATION LOCATIONS.
12.7A city may enact reasonable zoning rules that limit the use of land for medical
12.8marijuana dispensaries or safety compliance facilities to specified areas.
12.9 Sec. 10. [152.30] NURSING FACILITIES.
12.10Nursing facilities licensed under chapter 144A, or boarding care homes licensed
12.11under section 144.50, may adopt reasonable restrictions on the use of medical marijuana
12.12by persons receiving inpatient services. The restrictions may include a provision that the
12.13facility will not store or maintain the patient's supply of medical marijuana, that the facility
12.14is not responsible for providing the medical marijuana for qualifying patients, that medical
12.15marijuana be consumed by a method other than smoking, and that medical marijuana be
12.16consumed only in a place specified by the facility. Nothing contained in this section shall
12.17require the facilities to adopt such restrictions, and no facility shall unreasonably limit a
12.18qualifying patient's access to or use of medical marijuana.
12.19 Sec. 11. [152.31] VERIFICATION SYSTEM.
12.20The commissioner shall establish a secure telephone or Web-based verification
12.21system. The verification system must allow law enforcement personnel and registered
12.22medical marijuana organizations to enter a registry identification number and determine
12.23whether the number corresponds with a current, valid registry identification card. The
12.24system may disclose only whether the identification card is valid, the name of the
12.25cardholder, whether the cardholder is a qualifying patient or a designated caregiver,
12.26whether the cardholder is permitted to cultivate marijuana plants, and the registry
12.27identification number of any affiliated registered qualifying patient.
12.28 Sec. 12. [152.32] ANNUAL REPORT.
12.29The commissioner shall report annually to the legislature on the number of
12.30applications for registry identification cards, the number of qualifying patients and
12.31designated caregivers approved, the nature of the debilitating medical conditions of the
12.32qualifying patients, the number of registry identification cards revoked, and the number of
13.1practitioners providing written certification for qualifying patients. The commissioner
13.2must not include identifying information on qualifying patients, designated caregivers, or
13.3practitioners in the report.
13.4 Sec. 13. [152.33] CONFIDENTIALITY.
13.5(a) Data in registration applications and supporting data submitted by qualifying
13.6patients, designated caregivers, and medical marijuana organizations, including data
13.7on designated caregivers and practitioners, are private data on individuals or nonpublic
13.8data as defined in section 13.02.
13.9(b) Data kept or maintained by the commissioner may not be used for any purpose
13.10not provided for in sections 152.22 to 152.38 and may not be combined or linked in
13.11any manner with any other list or database.
13.12(c) Data kept or maintained by the commissioner may be disclosed as necessary for:
13.13(1) the verification of registration certificates and registry identification cards
13.14pursuant to section 152.31;
13.15(2) submission of the annual report required by section 152.32;
13.16(3) notification to state or local law enforcement of apparent criminal violations of
13.17sections 152.22 to 152.36;
13.18(4) notification to state and local law enforcement about falsified or fraudulent
13.19information submitted for purposes of obtaining or renewing a registry identification
13.20card; and
13.21(5) notification to the Board of Medical Practice if there is reason to believe that a
13.22practitioner provided a written certification without completing a full assessment of the
13.23qualifying patient's medical history and current medical condition or if the commissioner
13.24has reason to believe the practitioner otherwise violated the standard of care for evaluating
13.25medical conditions.
13.26(d) Any information kept or maintained by medical marijuana organizations must
13.27identify cardholders by their registry identification numbers and not contain names or
13.28other personally identifying information.
13.29(e) At the cardholder's request, the commissioner may confirm the cardholder's
13.30status as a registered qualifying patient or a registered designated caregiver to a third party,
13.31such as a landlord, school, medical professional, or court.
13.32 Sec. 14. [152.34] PROTECTIONS FOR THE MEDICAL USE OF MARIJUANA.
13.33 Subdivision 1. Presumption. (a) There is a presumption that a qualifying patient or
13.34designated caregiver is engaged in the authorized medical use of marijuana pursuant to
14.1sections 152.22 to 152.38. The presumption exists if the qualifying patient or designated
14.2caregiver:
14.3(1) is in possession of a registry identification card; and
14.4(2) is in possession of an amount of marijuana that does not exceed the allowable
14.5amount of marijuana.
14.6(b) The presumption may be rebutted by evidence that conduct related to use of
14.7marijuana was not for the purpose of treating or alleviating the qualifying patient's
14.8debilitating medical condition or symptoms associated with the qualifying patient's
14.9debilitating medical condition pursuant to sections 152.22 to 152.38.
14.10 Subd. 2. Qualifying patient and designated caregiver. A registered qualifying
14.11patient or registered designated caregiver who possesses a valid registry identification card
14.12is not subject to arrest, prosecution, or penalty in any manner, including any civil penalty,
14.13or denial of any right or privilege, or disciplinary action by a court or occupational or
14.14professional licensing board or bureau for:
14.15(1) the registered qualifying patient's medical use of marijuana pursuant to sections
14.16152.22 to 152.38, if the registered qualifying patient does not possess more than the
14.17allowable amount of marijuana;
14.18(2) the registered designated caregiver assisting a registered qualifying patient to
14.19whom the caregiver is connected through the commissioner's registration process with the
14.20registered qualifying patient's medical use of marijuana pursuant to sections 152.22 to
14.21152.34, if the registered designated caregiver does not possess more than the allowable
14.22amount of marijuana;
14.23(3) reimbursement by a registered qualifying patient to the patient's registered
14.24designated caregiver for direct costs incurred by the registered designated caregiver for
14.25assisting with the registered qualifying patient's medical use of marijuana;
14.26(4) transferring marijuana to a safety compliance facility for testing;
14.27(5) compensating a medical marijuana dispensary or a safety compliance facility
14.28for goods or services provided; or
14.29(6) offering or providing marijuana to a registered qualifying patient, to a registered
14.30designated caregiver for a registered qualifying patient's medical use, to a visiting
14.31qualifying patient, or to a medical marijuana dispensary if nothing of value is transferred
14.32in return and the person giving the marijuana does not knowingly cause the recipient to
14.33possess more than the allowable amount of marijuana.
14.34 Subd. 3. Visiting qualifying patient. A person who demonstrates that the person is
14.35a visiting qualifying patient shall not be subject to arrest, prosecution, or penalty in any
14.36manner, or denied any right or privilege including, but not limited to, civil penalty or
15.1disciplinary action by a business or occupational or professional licensing board or entity,
15.2for the medical use of marijuana pursuant to sections 152.22 to 152.38, if the visiting
15.3qualifying patient does not possess more than 2.5 ounces of usable marijuana.
15.4 Subd. 4. Dismissal of charges. If a qualifying patient or a designated caregiver who
15.5is not in possession of a registry identification card is arrested for possession of an amount
15.6of marijuana that does not exceed the allowable amount or is charged with this, the patient
15.7or caregiver shall be released from custody and the charges dismissed upon production of
15.8a valid registry identification card issued in the person's name.
15.9 Subd. 5. Practitioner. A practitioner may not be subject to arrest, prosecution,
15.10or penalty in any manner, or denied any right or privilege, including civil penalty or
15.11disciplinary action by the Board of Medical Practice or by another business, occupational,
15.12or professional licensing board or entity, based solely on providing written certifications
15.13or for otherwise stating that, in the practitioner's professional opinion, a patient is likely
15.14to receive therapeutic or palliative benefit from the medical use of marijuana to treat
15.15or alleviate the patient's debilitating medical condition or symptoms associated with
15.16the debilitating medical condition. Nothing in sections 152.22 to 152.38 prevents a
15.17professional licensing board from sanctioning a practitioner for failing to properly
15.18evaluate a patient's medical condition or otherwise violating the standard of care for
15.19evaluating medical conditions.
15.20 Subd. 6. Legal counsel. An attorney may not be subject to disciplinary action
15.21by the Minnesota State Bar Association or other professional licensing association for
15.22providing legal assistance to prospective or registered medical marijuana dispensaries,
15.23prospective or registered safety compliance facilities, or others related to activity that is no
15.24longer subject to criminal penalties under state law pursuant to sections 152.22 to 152.38.
15.25 Subd. 7. Arrest and prosecution prohibited. No person may be subject to arrest,
15.26prosecution, or penalty in any manner, or denied any right or privilege, including any
15.27civil penalty or disciplinary action by a court or occupational or professional licensing
15.28board or bureau, for:
15.29(1) providing or selling marijuana paraphernalia to a cardholder or to a medical
15.30marijuana organization upon presentation of a valid registry identification card or
15.31registration certificate; or
15.32(2) being in the presence or vicinity of the medical use of marijuana authorized
15.33under sections 152.22 to 152.38.
15.34 Subd. 8. Medical marijuana dispensary. A medical marijuana dispensary or a
15.35medical marijuana dispensary agent is not subject to prosecution, search, or inspection,
15.36except by the commissioner pursuant to section 152.28, paragraph (g); seizure; or penalty
16.1in any manner; and may not be denied any right or privilege, including civil penalty or
16.2disciplinary action by a court or business licensing board or entity, for acting pursuant to
16.3sections 152.22 to 152.38, and rules authorized by sections 152.22 to 152.38 to:
16.4(1) possess, plant, propagate, cultivate, grow, harvest, produce, process,
16.5manufacture, compound, convert, prepare, pack, repack, or store marijuana;
16.6(2) deliver, transfer, or transport marijuana, marijuana paraphernalia, or related
16.7supplies and educational materials to or from other medical marijuana organizations;
16.8(3) compensate a safety compliance facility for services or goods provided;
16.9(4) accept marijuana offered by a registered qualifying patient or a registered
16.10designated caregiver if nothing of value is transferred in return;
16.11(5) purchase or otherwise acquire marijuana from another registered medical
16.12marijuana dispensary; or
16.13(6) dispense, supply, or sell marijuana or related supplies and educational materials
16.14to registered qualifying patients, to registered designated caregivers on behalf of registered
16.15qualifying patients, or to other medical marijuana dispensaries.
16.16 Subd. 9. Safety compliance facility. A safety compliance facility or a safety
16.17compliance facility agent is not subject to prosecution, search, or inspection, except by the
16.18commissioner pursuant to section 152.28, paragraph (g); seizure; or penalty in any manner;
16.19and may not be denied any right or privilege, including civil penalty or disciplinary action
16.20by a court or business licensing board or entity, for acting pursuant to sections 152.22 to
16.21152.38 and rules authorized by sections 152.22 to 152.38, to provide the following services:
16.22(1) acquiring, possessing, or transporting marijuana obtained from registry
16.23identification cardholders or medical marijuana organizations;
16.24(2) returning the marijuana to the registry identification cardholder or medical
16.25marijuana organization from whom it was obtained;
16.26(3) producing or selling educational materials related to medical marijuana;
16.27(4) producing, possessing, selling, or transporting marijuana paraphernalia and
16.28equipment or materials other than marijuana to medical marijuana organizations or to
16.29cardholders, including lab equipment and packaging materials;
16.30(5) testing marijuana, including for potency, pesticides, mold, or contaminants;
16.31(6) providing training to cardholders; or
16.32(7) receiving compensation for services or goods other than marijuana provided
16.33under sections 152.22 to 152.38.
16.34 Subd. 10. Property rights. Any interest in or right to property that is lawfully
16.35possessed, owned, or used in connection with the medical use of marijuana as authorized
17.1in sections 152.22 to 152.38, or acts incidental to such use, is not forfeited under sections
17.2609.531 to 609.5318.
17.3 Subd. 11. Discrimination prohibited. (a) No school or landlord may refuse to
17.4enroll or lease to and may not otherwise penalize a person solely for the person's status
17.5as a cardholder, unless failing to do so would violate federal law or regulations or cause
17.6the school or landlord to lose a monetary or licensing-related benefit under federal law
17.7or regulations.
17.8(b) For the purposes of medical care, including organ transplants, a registered
17.9qualifying patient's use of marijuana according to sections 152.22 to 152.38 is considered
17.10the equivalent of the authorized use of any other medication used at the discretion of a
17.11physician and does not constitute the use of an illicit substance or otherwise disqualify a
17.12qualifying patient from needed medical care.
17.13(c) Unless a failure to do so would violate federal law or regulations or cause an
17.14employer to lose a monetary or licensing-related benefit under federal law or regulations,
17.15an employer may not discriminate against a person in hiring, termination, or any term or
17.16condition of employment, or otherwise penalize a person, if the discrimination is based
17.17upon either of the following:
17.18(1) the person's status as a registered qualifying patient or a registered designated
17.19caregiver; or
17.20(2) a registered qualifying patient's positive drug test for marijuana components or
17.21metabolites, unless the patient used, possessed, or was impaired by marijuana on the
17.22premises of the place of employment or during the hours of employment.
17.23(d) A person shall not be denied custody of or visitation rights or parenting time
17.24with a minor solely for the person's status as a registered qualifying patient or a registered
17.25designated caregiver, and there shall be no presumption of neglect or child endangerment
17.26for conduct allowed under sections 152.22 to 152.38, unless the person's behavior is
17.27such that it creates an unreasonable danger to the safety of the minor as established by
17.28clear and convincing evidence.
17.29 Subd. 12. Card as probable cause. Possession of or application for a registry
17.30identification card does not constitute probable cause or reasonable suspicion, nor shall it
17.31be used to support a search of the person or property of the person possessing or applying
17.32for the registry identification card, or otherwise subject the person or property of the
17.33person to inspection by any governmental agency.
17.34 Sec. 15. [152.35] AFFIRMATIVE DEFENSE.
18.1(a) Except as provided in section 152.23, a person may assert the medical purpose
18.2for using marijuana as a defense to any prosecution involving marijuana, and the defense
18.3shall be presumed valid if the evidence shows that:
18.4(1) a practitioner has stated that, in the practitioner's professional opinion, after
18.5having completed a full assessment of the person's medical history and current medical
18.6condition made in the course of a bona fide practitioner-patient relationship, the patient
18.7has a debilitating medical condition and the potential benefits of using marijuana for
18.8medical purposes would likely outweigh the health risks for the person;
18.9(2) the person was in possession of no more than 2.5 ounces of usable marijuana, a
18.10reasonable amount of marijuana that is not usable marijuana, and six marijuana plants; and
18.11(3) the person was engaged in the acquisition, possession, use, manufacture,
18.12cultivation, or transportation of marijuana, paraphernalia, or both, relating to the
18.13administration of marijuana to treat or alleviate the individual's debilitating medical
18.14condition or symptoms associated with the individual's debilitating medical condition.
18.15(b) The defense and motion to dismiss shall not prevail if the prosecution proves that:
18.16(1) the individual had a registry identification card revoked for misconduct; or
18.17(2) the purpose of the possession of marijuana was not for palliative or therapeutic
18.18use by the individual with a debilitating medical condition who raised the defense.
18.19(c) An individual is not required to possess a registry identification card to raise the
18.20affirmative defense set forth in this section.
18.21(d) A person may assert the medical purpose for using marijuana in a motion to
18.22dismiss, and the charges shall be dismissed following an evidentiary hearing where the
18.23defendant shows the elements listed in paragraph (a).
18.24(e) Any interest in or right to property that was possessed, owned, or used in
18.25connection with a person's use of marijuana for medical purposes shall not be forfeited if
18.26the person or the person's designated caregiver demonstrates the person's medical purpose
18.27for using marijuana under this section.
18.28(f) This section shall only apply if:
18.29(1) the person's arrest, citation, or prosecution occurred after the effective date of
18.30sections 152.22 to 152.38, but before registration for qualified patients is available; or
18.31(2) the person's arrest or citation occurred after a valid application for a qualifying
18.32patient had been submitted but before the registry identification card was received.
18.33 Sec. 16. [152.36] SUSPENSION AND REVOCATION.
18.34 Subdivision 1. Suspension or revocation of registration certificate. The
18.35commissioner may by motion or on complaint, after investigation and opportunity
19.1for a public hearing at which the medical marijuana organization has been afforded an
19.2opportunity to be heard, suspend or revoke a registration certificate for multiple negligent
19.3violations or for a serious and knowing violation by the registrant or any of its agents of
19.4sections 152.22 to 152.38, or any rules adopted pursuant to section 152.24.
19.5 Subd. 2. Notice. The commissioner shall provide notice of suspension, revocation,
19.6fine, or other sanction, as well as the required notice of the hearing, by mailing the same
19.7in writing to the registered organization at the address on the registration certificate. A
19.8suspension shall not be longer than six months.
19.9 Subd. 3. Suspensions. A medical marijuana dispensary may continue to cultivate
19.10and possess marijuana plants during a suspension, but it may not dispense, transfer, or
19.11sell marijuana.
19.12 Subd. 4. Diversion by medical marijuana dispensary. The commissioner shall
19.13immediately revoke the registration certificate of a medical marijuana organization that
19.14violates section 152.37, subdivision 2, and its board members and principal officers may not
19.15serve as board members or principal officers for any other medical marijuana organization.
19.16 Subd. 5. Diversion by cardholder. The commissioner shall immediately revoke the
19.17registry identification card of any cardholder who sells marijuana to a person who is not
19.18allowed to possess marijuana for medical purposes under sections 152.22 to 152.38, and
19.19the cardholder is disqualified from further participation under sections 152.22 to 152.38.
19.20 Subd. 6. Revocation of registry identification card. The department may revoke
19.21the registry identification card of any registered qualifying patient or registered designated
19.22caregiver who knowingly commits a serious known violation of this chapter.
19.23 Subd. 7. Judicial review. Revocation is a final decision of the commissioner,
19.24subject to judicial review.
19.25 Sec. 17. [152.37] VIOLATIONS.
19.26 Subdivision 1. Failure to provide required notice; civil penalty. A registered
19.27qualifying patient, designated caregiver, or registered organization that willfully fails to
19.28provide a notice required by section 152.27 is guilty of a petty misdemeanor, punishable
19.29by a fine of no more than $150.
19.30 Subd. 2. Intentional diversion; criminal penalty. In addition to any other
19.31applicable penalty in law, a medical marijuana organization or an agent of a medical
19.32marijuana organization who intentionally sells or otherwise transfers marijuana in
19.33exchange for anything of value to a person other than a qualifying patient, a designated
19.34caregiver, or a medical marijuana organization or its agent is guilty of a felony punishable
19.35by imprisonment for not more than two years or by payment of a fine of not more
20.1than $3,000, or both. A person convicted under this subdivision may not continue to
20.2be affiliated with the medical marijuana organization and is disqualified from further
20.3participation under sections 152.22 to 152.38.
20.4 Subd. 3. Diversion by cardholder; criminal penalty. In addition to any other
20.5applicable penalty in law, a registered qualifying patient or registered designated caregiver
20.6who intentionally sells or otherwise transfers marijuana in exchange for anything of value
20.7to a person other than a qualifying patient, a designated caregiver, or a visiting qualifying
20.8patient is guilty of a felony punishable by imprisonment for not more than two years or by
20.9payment of a fine of not more than $3,000, or both.
20.10 Subd. 4. Transfer of registry identification card; criminal penalty. In addition
20.11to any other applicable penalty in law, a qualifying patient or designated caregiver
20.12who sells, transfers, loans, or otherwise gives another person the qualifying patient's
20.13or designated caregiver's registry identification card is guilty of a felony and may be
20.14sentenced to imprisonment for not more than two years, or payment of a fine of not more
20.15than $3,000, or both.
20.16 Subd. 5. False statement; criminal penalty. A person who intentionally makes a
20.17false statement to a law enforcement official about any fact or circumstance relating to
20.18the medical use of marijuana to avoid arrest or prosecution is guilty of a misdemeanor
20.19punishable by imprisonment for not more than 90 days or by payment of a fine of not
20.20more than $1,000, or both. The penalty is in addition to any other penalties that may apply
20.21for making a false statement or for the possession, cultivation, or sale of marijuana not
20.22protected by sections 152.22 to 152.38. If a person convicted of violating this section is
20.23a qualifying patient or a designated caregiver, the person is disqualified from further
20.24participation under sections 152.22 to 152.38.
20.25 Subd. 6. Submission of false records; criminal penalty. A person who knowingly
20.26submits false records or documentation required by the commissioner to certify a medical
20.27marijuana organization under sections 152.22 to 152.38 is guilty of a felony and may
20.28be sentenced to imprisonment for not more than two years, or payment of a fine of not
20.29more than $3,000, or both.
20.30 Subd. 7. Violation by practitioner; criminal penalty. A practitioner who
20.31knowingly refers patients to a medical marijuana organization or to a designated caregiver,
20.32who advertises in a medical marijuana organization, or who issues written certifications
20.33while holding a financial interest in a medical marijuana organization is guilty of a
20.34misdemeanor and may be sentenced to imprisonment for not more than 90 days, or
20.35payment of a fine of not more than $1,000, or both.
21.1 Subd. 8. Breach of confidentiality; criminal penalty. It is a misdemeanor for any
21.2person, including the commissioner or another state agency or local government, to breach
21.3the confidentiality of information obtained pursuant to sections 152.22 to 152.38.
21.4 Subd. 9. Other violations; civil penalty. A medical marijuana organization shall
21.5be fined up to $1,000 for any violation of sections 152.22 to 152.38, or the regulations
21.6issued pursuant to them, where no penalty has been specified. This penalty is in addition
21.7to any other applicable penalties in law.
21.8 Sec. 18. [152.38] IMPLEMENTATION.
21.9(a) The commissioner must begin issuing registry identification cards and
21.10registration certificates under sections 152.22 to 152.38 by October 1, 2014.
21.11(b) If the commissioner fails to adopt rules to implement sections 152.22 to 152.38
21.12within 120 days of July 1, 2014, any citizen may commence a mandamus action in the
21.13district court to compel the commissioner to perform the actions mandated under sections
21.14152.22 to 152.38.
21.15(c) If the commissioner fails to establish the verification system required by section
21.16152.31 within 120 days of July 1, 2014, any citizen may commence a mandamus action
21.17in the district court to compel the commissioner to perform the actions mandated by
21.18this chapter.
21.19(d) If the commissioner fails to issue a registry identification card within 45 days of
21.20submission of a valid application or renewal, the registry identification card is deemed
21.21issued, and a copy of the registry identification card application or renewal is deemed a
21.22valid registry identification card for one year following the date of the written certification.
21.23(e) If at any time after the 140 days following July 1, 2014, the commissioner is not
21.24accepting applications or has not adopted rules allowing qualifying patients to submit
21.25applications, a notarized statement by a qualifying patient containing the information
21.26required in an application pursuant to section 152.26, together with a written certification
21.27issued by a practitioner within the 90 days immediately preceding the notarized statement,
21.28are deemed a valid registry identification card.
21.29 Sec. 19. [152.39] FEES.
21.30(a) The fees in sections 152.22 to 152.37 are annually appropriated and deposited
21.31in the state government special revenue fund for use by the commissioner to administer
21.32sections 152.22 to 152.38.
22.1(b) The total fees collected must generate revenues sufficient to implement and
22.2administer sections 152.22 to 152.38, except fee revenue may be offset or supplemented
22.3by private donations.
22.4(c) The total amount of revenue from registration certificate application and renewal
22.5fees must be sufficient to implement and administer the provisions of sections 152.22 to
22.6152.38 relating to medical marijuana organizations, including the verification system,
22.7except fee revenue may be offset or supplemented by private donations.
22.8(d) The commissioner may establish a sliding scale of patient application and
22.9renewal fees based upon a qualifying patient's household income.
22.10(e) The commissioner may accept private donations to reduce application and
22.11renewal fees.
22.12 Sec. 20. Minnesota Statutes 2012, section 256B.0625, subdivision 13d, is amended to
22.13read:
22.14 Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug
22.15formulary. Its establishment and publication shall not be subject to the requirements of the
22.16Administrative Procedure Act, but the Formulary Committee shall review and comment
22.17on the formulary contents.
22.18 (b) The formulary shall not include:
22.19 (1) drugs, active pharmaceutical ingredients, or products for which there is no
22.20federal funding;
22.21 (2) over-the-counter drugs, except as provided in subdivision 13;
22.22 (3) drugs or active pharmaceutical ingredients used for weight loss, except that
22.23medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;
22.24 (4) drugs or active pharmaceutical ingredients when used for the treatment of
22.25impotence or erectile dysfunction;
22.26 (5) drugs or active pharmaceutical ingredients for which medical value has not
22.27been established;
22.28 (6) drugs from manufacturers who have not signed a rebate agreement with the
22.29Department of Health and Human Services pursuant to section 1927 of title XIX of the
22.30Social Security Act; and
22.31 (7) marijuana for medical use as defined in sections 152.22 to 152.38.
22.32 (c) If a single-source drug used by at least two percent of the fee-for-service
22.33medical assistance recipients is removed from the formulary due to the failure of the
22.34manufacturer to sign a rebate agreement with the Department of Health and Human
22.35Services, the commissioner shall notify prescribing practitioners within 30 days of
23.1receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a
23.2rebate agreement was not signed.
23.3 Sec. 21. APPROPRIATIONS.
23.4$256,000 in fiscal year 2015 and $48,000 in fiscal year 2016 are appropriated from
23.5the state government special revenue fund to the commissioner of health to implement
23.6Minnesota Statutes, sections 152.22 to 152.38. This is a onetime appropriation.
23.7 Sec. 22. EFFECTIVE DATE.
23.8Sections 1 to 21 are effective July 1, 2014.
