HF 3162

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/30/2022 12:50pm

A bill for an act
relating to health; allowing manufacturers to distribute medical cannabis to Tribal
medical cannabis program patients; providing for transportation of medical cannabis
by manufacturers registered with a Tribal medical cannabis program; extending
certain protections; modifying a criminal penalty; amending Minnesota Statutes
2020, sections 152.22, by adding subdivisions; 152.29, subdivision 4, by adding
a subdivision; 152.30; 152.32; 152.33, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 152.

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

Section 1.

Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision
to read:

new text begin Subd. 5d. new text end

new text begin Indian lands. new text end

new text begin "Indian lands" means all lands within the limits of any Indian
reservation within the boundaries of Minnesota and any lands within the boundaries of
Minnesota title which are either held in trust by the United States or over which an Indian
Tribe exercises governmental power.
new text end

Sec. 2.

Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to
read:

new text begin Subd. 15. new text end

new text begin Tribal medical cannabis board. new text end

new text begin "Tribal medical cannabis board" means an
agency established by each federally recognized Tribal government and duly authorized by
each Tribe's governing body to perform regulatory oversight and monitor compliance with
a Tribal medical cannabis program and applicable regulations.
new text end

Sec. 3.

Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Tribal medical cannabis program. new text end

new text begin "Tribal medical cannabis program" means
a program established by a federally recognized Tribal government within the boundaries
of Minnesota regarding the commercial production, processing, sale or distribution, and
possession of medical cannabis and medical cannabis products.
new text end

Sec. 4.

Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Tribal medical cannabis program patient. new text end

new text begin "Tribal medical cannabis program
patient" means a person who possesses a valid registration verification card or equivalent
document that is issued under the laws or regulations of a Tribal Nation within the boundaries
of Minnesota and that verifies that the person is enrolled in or authorized to participate in
that Tribal Nation's Tribal medical cannabis program.
new text end

Sec. 5.

Minnesota Statutes 2020, section 152.29, subdivision 4, is amended to read:

Subd. 4.

Report.

new text begin (a) new text end Each manufacturer shall report to the commissioner on a monthly
basis the following information on each individual patient for the month prior to the report:

(1) the amount and dosages of medical cannabis distributed;

(2) the chemical composition of the medical cannabis; and

(3) the tracking number assigned to any medical cannabis distributed.

new text begin (b) For transactions involving Tribal medical cannabis program patients, each
manufacturer shall report to the commissioner on a weekly basis the following information
on each individual Tribal medical cannabis program patient for the week prior to the report:
new text end

new text begin (1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis
program patient is enrolled;
new text end

new text begin (2) the amount and dosages of medical cannabis distributed;
new text end

new text begin (3) the chemical composition of the medical cannabis; and
new text end

new text begin (4) the tracking number assigned to the medical cannabis distributed.
new text end

Sec. 6.

Minnesota Statutes 2020, section 152.29, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Distribution to Tribal medical cannabis program patient. new text end

new text begin (a) A manufacturer
may distribute medical cannabis in accordance with subdivisions 1 to 4 to a Tribal medical
cannabis program patient.
new text end

new text begin (b) Prior to distribution, the Tribal medical cannabis program patient must provide to
the manufacturer:
new text end

new text begin (1) a valid medical cannabis registration verification card or equivalent document issued
by a Tribal medical cannabis program that indicates that the Tribal medical cannabis program
patient is authorized to use medical cannabis on Indian lands over which the Tribe has
jurisdiction; and
new text end

new text begin (2) a valid photographic identification card issued by the Tribal medical cannabis
program, valid driver's license, or valid state identification card.
new text end

new text begin (c) A manufacturer shall distribute medical cannabis to a Tribal medical cannabis program
patient only in a form allowed under section 152.22, subdivision 6.
new text end

Sec. 7.

new text begin [152.291] TRIBAL MEDICAL CANNABIS PROGRAM; MANUFACTURERS.
new text end

new text begin Subdivision 1. new text end

new text begin Manufacturer. new text end

new text begin Notwithstanding the requirements and limitations in
section 152.29, subdivision 1, paragraph (a), a Tribal medical cannabis program operated
by a federally recognized Indian Tribe located in Minnesota shall be recognized as a medical
cannabis manufacturer.
new text end

new text begin Subd. 2. new text end

new text begin Manufacturer transportation. new text end

new text begin (a) A manufacturer registered with a Tribal
medical cannabis program may transport medical cannabis to testing laboratories in the
state and to other Indian lands.
new text end

new text begin (b) A manufacturer registered with a Tribal medical cannabis program must staff a motor
vehicle used to transport medical cannabis with at least two employees of the manufacturer.
Each employee in the transport vehicle must carry identification specifying that the employee
is an employee of the manufacturer, and one employee in the transport vehicle must carry
a detailed transportation manifest that includes the place and time of departure, the address
of the destination, and a description and count of the medical cannabis being transported.
new text end

Sec. 8.

Minnesota Statutes 2020, section 152.30, is amended to read:

152.30 PATIENT DUTIES.

(a) A patient shall apply to the commissioner for enrollment in the registry program by
submitting an application as required in section 152.27 and an annual registration fee as
determined under section 152.35.

(b) As a condition of continued enrollment, patients shall agree to:

(1) continue to receive regularly scheduled treatment for their qualifying medical
condition from their health care practitioner; and

(2) report changes in their qualifying medical condition to their health care practitioner.

(c) A patient shall only receive medical cannabis from a registered manufacturer new text begin or
Tribal medical cannabis program new text end but is not required to receive medical cannabis products
from only a registered manufacturer new text begin or Tribal medical cannabis program new text end .

Sec. 9.

Minnesota Statutes 2020, section 152.32, is amended to read:

152.32 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPATION new text begin OR
PARTICIPATION IN A TRIBAL MEDICAL CANNABIS PROGRAM new text end .

Subdivision 1.

Presumption.

(a) There is a presumption that a patient enrolled in the
registry program under sections 152.22 to 152.37 new text begin or a Tribal medical cannabis program
patient enrolled in a Tribal medical cannabis program new text end is engaged in the authorized use of
medical cannabis.

(b) The presumption may be rebutted new text begin :
new text end

new text begin (1) new text end by evidence that new text begin a patient's new text end conduct related to use of medical cannabis was not for
the purpose of treating or alleviating the patient's qualifying medical condition or symptoms
associated with the patient's qualifying medical condition new text begin ; or
new text end

new text begin (2) by evidence that a Tribal medical cannabis program patient's use of medical cannabis
was not for a purpose authorized by the Tribal medical cannabis program new text end .

Subd. 2.

Criminal and civil protections.

(a) Subject to section 152.23, the following
are not violations under this chapter:

(1) use or possession of medical cannabis or medical cannabis products by a patient
enrolled in the registry program deleted text begin , or deleted text end new text begin ; new text end possession by a registered designated caregiver or the
parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed
on the registry verification; new text begin or use or possession of medical cannabis or medical cannabis
products by a Tribal medical cannabis program patient;
new text end

(2) possession, dosage determination, or sale of medical cannabis or medical cannabis
products by a medical cannabis manufacturer, employees of a manufacturer, a laboratory
conducting testing on medical cannabis, or employees of the laboratory; and

(3) possession of medical cannabis or medical cannabis products by any person while
carrying out the duties required under sections 152.22 to 152.37.

(b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and
associated property is not subject to forfeiture under sections 609.531 to 609.5316.

(c) The commissioner, new text begin members of a Tribal medical cannabis board, new text end the commissioner's
new text begin or Tribal medical cannabis board's new text end staff, the commissioner's new text begin or Tribal medical cannabis
board's new text end agents or contractors, and any health care practitioner are not subject to any civil or
disciplinary penalties by the Board of Medical Practice, the Board of Nursing, or by any
business, occupational, or professional licensing board or entity, solely for the participation
in the registry program under sections 152.22 to 152.37 new text begin or in a Tribal medical cannabis
program new text end . A pharmacist licensed under chapter 151 is not subject to any civil or disciplinary
penalties by the Board of Pharmacy when acting in accordance with the provisions of
sections 152.22 to 152.37. Nothing in this section affects a professional licensing board
from taking action in response to violations of any other section of law.

(d) Notwithstanding any law to the contrary, the commissioner, the governor of
Minnesota, or an employee of any state agency may not be held civilly or criminally liable
for any injury, loss of property, personal injury, or death caused by any act or omission
while acting within the scope of office or employment under sections 152.22 to 152.37.

(e) Federal, state, and local law enforcement authorities are prohibited from accessing
the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid
search warrant.

(f) Notwithstanding any law to the contrary, neither the commissioner nor a public
employee may release data or information about an individual contained in any report,
document, or registry created under sections 152.22 to 152.37 or any information obtained
about a patient participating in the program, except as provided in sections 152.22 to 152.37.

(g) No information contained in a report, document, or registry or obtained from a patient
new text begin or a Tribal medical cannabis program patient new text end under sections 152.22 to 152.37 may be
admitted as evidence in a criminal proceeding unless independently obtained or in connection
with a proceeding involving a violation of sections 152.22 to 152.37.

(h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty
of a gross misdemeanor.

(i) An attorney may not be subject to disciplinary action by the Minnesota Supreme
Court new text begin , a Tribal court, new text end or new text begin the new text end professional responsibility board for providing legal assistance
to prospective or registered manufacturers or others related to activity that is no longer
subject to criminal penalties under state law pursuant to sections 152.22 to 152.37 new text begin , or for
providing legal assistance to a Tribal medical cannabis program new text end .

(j) Possession of a registry verification or application for enrollment in the program by
a person entitled to possess or apply for enrollment in the registry program new text begin , or possession
of a verification or equivalent issued by a Tribal medical cannabis program by a person
entitled to possess such verification, new text end does not constitute probable cause or reasonable
suspicion, nor shall it be used to support a search of the person or property of the person
possessing or applying for the registry verification new text begin or equivalent new text end , or otherwise subject the
person or property of the person to inspection by any governmental agency.

Subd. 3.

Discrimination prohibited.

(a) No school or landlord may refuse to enroll or
lease to and may not otherwise penalize a person solely for the person's status as a patient
enrolled in the registry program under sections 152.22 to 152.37 new text begin or for the person's status
as a Tribal medical cannabis program patient enrolled in a Tribal medical cannabis program new text end ,
unless failing to do so would violate federal law or regulations or cause the school or landlord
to lose a monetary or licensing-related benefit under federal law or regulations.

(b) For the purposes of medical care, including organ transplants, a registry program
enrollee's use of medical cannabis under sections 152.22 to 152.37 new text begin , or a Tribal medical
cannabis program patient's use of medical cannabis as authorized by the Tribal medical
cannabis program, new text end is considered the equivalent of the authorized use of any other medication
used at the discretion of a physician or advanced practice registered nurse and does not
constitute the use of an illicit substance or otherwise disqualify a patient from needed medical
care.

(c) Unless a failure to do so would violate federal law or regulations or cause an employer
to lose a monetary or licensing-related benefit under federal law or regulations, an employer
may not discriminate against a person in hiring, termination, or any term or condition of
employment, or otherwise penalize a person, if the discrimination is based upon deleted text begin either deleted text end new text begin any new text end
of the following:

(1) the person's status as a patient enrolled in the registry program under sections 152.22
to 152.37; deleted text begin or
deleted text end

new text begin (2) the person's status as a Tribal medical cannabis program patient enrolled in a Tribal
medical cannabis program; or
new text end

deleted text begin (2) deleted text end new text begin (3) new text end a patient's positive drug test for cannabis components or metabolites, unless the
patient used, possessed, or was impaired by medical cannabis on the premises of the place
of employment or during the hours of employment.

(d) An employee who is required to undergo employer drug testing pursuant to section
181.953 may present verification of enrollment in the patient registry new text begin or of enrollment in a
Tribal medical cannabis program new text end as part of the employee's explanation under section 181.953,
subdivision 6.

(e) A person shall not be denied custody of a minor child or visitation rights or parenting
time with a minor child solely based on the person's status as a patient enrolled in the registry
program under sections 152.22 to 152.37 new text begin or on the person's status as a Tribal medical
cannabis program patient enrolled in a Tribal medical cannabis program new text end . There shall be no
presumption of neglect or child endangerment for conduct allowed under sections 152.22
to 152.37 new text begin or under a Tribal medical cannabis program new text end , unless the person's behavior is such
that it creates an unreasonable danger to the safety of the minor as established by clear and
convincing evidence.

Sec. 10.

Minnesota Statutes 2020, section 152.33, subdivision 1, is amended to read:

Subdivision 1.

Intentional diversion; criminal penalty.

In addition to any other
applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally
transfers medical cannabis to a person other than another registered manufacturer, a patient,
a registered designated caregiver new text begin , a Tribal medical cannabis program patient, new text end or, if listed
on the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a
felony punishable by imprisonment for not more than two years or by payment of a fine of
not more than $3,000, or both. A person convicted under this subdivision may not continue
to be affiliated with the manufacturer and is disqualified from further participation under
sections 152.22 to 152.37.