HF 3760

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 05:12pm

A bill for an act
relating to cannabis; prohibiting licensing sanctions for certain patients in the
registry program; prohibiting schools and landlords from refusing to serve patients
enrolled in the registry program because cannabis is a controlled substance under
federal law; requiring employers, schools, and landlords to provide certain notice
when treating a person differently based on the person's status as a patient enrolled
in the registry program; prohibiting retaliation against patients enrolled in the
registry program; increasing civil statutory damages available to certain patients
enrolled in the registry program; providing for injunctive relief; making technical
changes; amending Minnesota Statutes 2023 Supplement, sections 342.56,
subdivision 2; 342.57, subdivisions 2, 3, 7, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 342.56, subdivision 2, is amended
to read:

Subd. 2.

Health care facilities.

(a) Health care facilities licensed under chapter 144A;
hospice providers licensed under chapter 144A; boarding care homes or supervised living
facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities
owned, controlled, managed, or under common control with hospitals licensed under chapter
144; and other health care facilities licensed by the commissioner of health or the
commissioner of human services may adopt reasonable restrictions on the use of medical
cannabis flower or medical cannabinoid products by a patient enrolled in the registry program
who resides at or is actively receiving treatment or care at the facility. The restrictions may
include a provision that the facility must not store or maintain a patient's supply of medical
cannabis flower or medical cannabinoid products on behalf of the patient; that a patient
store the patient's supply of medical cannabis flower or medicinal cannabinoid products in
a locked container accessible only to the patient, the patient's designated caregiver, or the
patient's parent, legal guardian, or spouse; that the facility is not responsible for providing
medical cannabis for patients; and that medical cannabis flower or medical cannabinoid
products are used only in a location specified by the facility or provider. Nothing in this
subdivision requires facilities and providers listed in this subdivision to adopt such
restrictions.

(b) No facility or provider listed in this subdivision may unreasonably limit a patient's
access to or use of medical cannabis flower or medical cannabinoid products to the extent
that such use is authorized under sections 342.47 to 342.59. No facility or provider listed
in this subdivision may prohibit a patient access to or use of medical cannabis flower or
medical cannabinoid products due solely to the fact that cannabis is a deleted text begin Schedule I drug deleted text end new text begin
controlled substance new text end pursuant to the federal Uniform Controlled Substances Act. If a federal
regulatory agency, the United States Department of Justice, or the federal Centers for
Medicare and Medicaid Services takes one of the following actions, a facility or provider
may suspend compliance with this paragraph until the regulatory agency, the United States
Department of Justice, or the federal Centers for Medicare and Medicaid Services notifies
the facility or provider that it may resume permitting the use of medical cannabis flower or
medical cannabinoid products within the facility or in the provider's service setting:

(1) a federal regulatory agency or the United States Department of Justice initiates
enforcement action against a facility or provider related to the facility's compliance with
the medical cannabis program; or

(2) a federal regulatory agency, the United States Department of Justice, or the federal
Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification
to the facility or provider that expressly prohibits the use of medical cannabis in health care
facilities or otherwise prohibits compliance with the medical cannabis program.

(c) An employee or agent of a facility or provider listed in this subdivision or a person
licensed under chapter 144E is not violating this chapter or chapter 152 for the possession
of medical cannabis flower or medical cannabinoid products while carrying out employment
duties, including providing or supervising care to a patient enrolled in the registry program,
or distribution of medical cannabis flower or medical cannabinoid products to a patient
enrolled in the registry program who resides at or is actively receiving treatment or care at
the facility or from the provider with which the employee or agent is affiliated.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 342.57, subdivision 2, is amended
to read:

Subd. 2.

Criminal and civil protections.

(a) Subject to section 342.56, the following
are not violations of this chapter or chapter 152:

(1) use or possession of medical cannabis flower, medical cannabinoid products, or
medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting
patient to whom medical cannabis flower or medical cannabinoid products are distributed
under section 342.51, subdivision 5;

(2) possession of medical cannabis flower, medical cannabinoid products, or medical
cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or
spouse of a patient enrolled in the registry program; or

(3) possession of medical cannabis flower, medical cannabinoid products, or medical
cannabis paraphernalia by any person while carrying out duties required under sections
342.47 to 342.60.

(b) The Office of Cannabis Management, members of the Cannabis Advisory Council,
Office of Cannabis Management employees, agents or contractors of the Office of Cannabis
Management, and health care practitioners participating in the registry program are not
subject to any civil penalties or disciplinary action by the Board of Medical Practice, the
Board of Nursing, or any business, occupational, or professional licensing board or entity
solely for participating in the registry program either in a professional capacity or as a
patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or
disciplinary action by the Board of Pharmacy when acting in accordance with sections
342.47 to 342.60 either in a professional capacity or as a patient. Nothing in this section
prohibits a professional licensing board from taking action in response to a violation of law.

(c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the
governor, or an employee of a state agency must 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 342.47 to 342.60.

(d) Federal, state, and local law enforcement authorities are prohibited from accessing
the registry except when acting pursuant to a valid search warrant. Notwithstanding section
13.09, a violation of this paragraph is a gross misdemeanor.

(e) Notwithstanding any law to the contrary, the office and employees of the office must
not release data or information about an individual contained in any report or document or
in the registry and must not release data or information obtained about a patient enrolled in
the registry program, except as provided in sections 342.47 to 342.60. Notwithstanding
section 13.09, a violation of this paragraph is a gross misdemeanor.

(f) No information contained in a report or document, contained in the registry, or
obtained from a patient under sections 342.47 to 342.60 may be admitted as evidence in a
criminal proceeding, unless:

(1) the information is independently obtained; or

(2) admission of the information is sought in a criminal proceeding involving a criminal
violation of sections 342.47 to 342.60.

(g) Possession of a registry verification or an application for enrollment in the registry
program:

(1) does not constitute probable cause or reasonable suspicion;

(2) must not be used to support a search of the person or property of the person with a
registry verification or application to enroll in the registry program; and

(3) must not subject the person or the property of the person to inspection by any
government agency.

new text begin (h) A patient enrolled in the registry program must not be subject to any penalty or
disciplinary action by a court or occupational or professional licensing board solely because
the patient is enrolled in the registry program or a test for cannabis components or metabolites
shows that the patient has used cannabis flower or cannabis products.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 342.57, subdivision 3, is amended
to read:

Subd. 3.

School enrollment; rental property.

(a) No school may refuse to enroll a
patient as a pupil or otherwise penalize a patient solely because the patient is enrolled in
the registry program, unless failing to do so would violate federal law or regulations or
cause the school to lose a monetary or licensing-related benefit under federal law or
regulations.

(b) No landlord may refuse to lease to a patient or otherwise penalize a patient solely
because the patient is enrolled in the registry program, unless failing to do so would violate
federal law or regulations or cause the landlord to lose a monetary or licensing-related
benefit under federal law or regulations.

new text begin (c) For the purposes of this section, the fact that cannabis is a controlled substance
pursuant to the federal Uniform Controlled Substances Act must not be the sole basis for a
determination:
new text end

new text begin (1) by a school that the school must not enroll a patient as a pupil;
new text end

new text begin (2) by a school that the school must penalize a pupil who is a patient;
new text end

new text begin (3) by a landlord that the landlord must refuse to lease a property to the patient; or
new text end

new text begin (4) by a landlord to otherwise penalize a patient.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 342.57, is amended by adding a
subdivision to read:

new text begin Subd. 5a. new text end

new text begin Notice. new text end

new text begin An employer, a school, or a landlord who takes any action that would
otherwise be prohibited under subdivision 3 or 5 based on the belief that:
new text end

new text begin (1) failing to take the action would violate federal or state law or regulations; or
new text end

new text begin (2) failing to take the action would cause the employer, school, or landlord to lose a
monetary or licensing-related benefit under federal law or regulations, must provide written
notice to the affected patient at the time that the employer, school, or landlord takes the
action. The written notice must cite the federal law or regulations that would be violated
and, if applicable, what monetary or licensing-related benefit under federal law or regulations
the employer, school, or landlord would lose. Failure to provide written notice is a violation
of this section.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 342.57, is amended by adding a
subdivision to read:

new text begin Subd. 6a. new text end

new text begin Retaliation prohibited. new text end

new text begin A school, landlord, health care facility, or employer
must not retaliate against a patient for asserting the rights and remedies provided in this
section or section 152.32.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 342.57, subdivision 7, is amended
to read:

Subd. 7.

Action for damages new text begin ; injunctive relief new text end .

In addition to any other remedy provided
by law, a patient may bring an action for damages against any person who violates
subdivision 3, 4, or 5. A person who violates subdivision 3, 4, or 5 is liable to a patient
injured by the violation for the greater of the person's actual damages or a civil penalty of
deleted text begin $100 deleted text end new text begin $1,000 new text end and reasonable attorney fees. new text begin A patient may bring an action for injunctive relief
to prevent or end a violation of subdivisions 3 to 6a.
new text end