HF 3443

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:22am

A bill for an act
relating to public safety; authorizing courts to recognize a medical necessity
defense for certain criminal, administrative, and civil cases involving marijuana;
proposing coding for new law in Minnesota Statutes, chapter 152.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [152.30] MEDICAL NECESSITY DEFENSE; MARIJUANA.
new text end

new text begin Subdivision 1. new text end

new text begin Medical necessity defense not precluded. new text end

new text begin No Minnesota law may
be construed, directly or by implication, to deny a defendant in a criminal proceeding, or a
person involved in a civil or administrative proceeding, the right to introduce evidence or
testimony regarding a medical need to use marijuana, or a therapeutic benefit derived from
marijuana, where the evidence or testimony is acceptable as a mitigating or exculpatory
circumstance in the proceeding. This evidence or testimony is also not precluded from
consideration in the course of an appeal, under established rules, of any verdict, ruling, or
decision reached in a criminal, civil, or administrative proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to:
new text end

new text begin (1) charges under section 152.021, subdivision 1; 152.022, subdivision 1; 152.023,
subdivision 1; or 152.024, subdivision 1, that involve the sale of more than a small
amount of marijuana; or
new text end

new text begin (2) any purely private contractual or disciplinary situation involving an employer
and an employee, unless specifically incorporated into a collective bargaining agreement.
new text end