1.1 	 A bill for an act
1.2 	relating to health; providing for the medical use of marijuana; providing civil 
1.3 	and criminal penalties; establishing application and renewal fees; appropriating 
1.4 	money;amending Minnesota Statutes 2004, section 13.3806, by adding a 
1.5 	subdivision; proposing coding for new law in Minnesota Statutes, chapter 152.
1.6 	 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 13.3806, is amended by adding a 
1.8 	subdivision to read:
1.9 		Subd. 21.Medical use of marijuana data. Data collected by the commissioner of 
1.10 	health relating to:
1.11 	(1) registrations for the medical use of marijuana are classified in section 152.25, 
1.12 	subdivision 5; and 
1.13 	(2) individuals obtaining marijuana for medical use from registered organizations 
1.14 	are classified in section 152.31, subdivision 7.

1.15 	Sec. 2. [152.22] DEFINITIONS.
1.16 		Subdivision 1.Applicability. For purposes of sections 152.22 to 152.31, the terms 
1.17 	defined in this section have the meanings given them.
1.18 		Subd. 2.Allowable amount of marijuana. (a) With respect to a qualifying patient, 
1.19 	the "allowable amount of marijuana" means 2.5 ounces of usable marijuana. An allowable 
1.20 	amount of marijuana for a qualifying patient does not include marijuana plants.
1.21 	(b) With respect to a primary supplier or registered organization, the allowable 
1.22 	amount of marijuana for each patient means:
1.23 	(1) 12 marijuana plants;
1.24 	(2) 2.5 ounces of usable marijuana; and
2.1 	(3) any amount of other parts of the marijuana plant.
2.2 		Subd. 3.Commissioner. "Commissioner" means the commissioner of health.
2.3 		Subd. 4.Debilitating medical condition. "Debilitating medical condition" means:
2.4 	(1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, or the 
2.5 	treatment of these conditions;
2.6 	(2) a chronic or debilitating disease or medical condition or its treatment that 
2.7 	produces one or more of the following: cachexia or wasting syndrome; severe or chronic 
2.8 	pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; 
2.9 	severe and persistent muscle spasms, including but not limited to those characteristic of 
2.10 	multiple sclerosis and Crohn's disease; or agitation of Alzheimer's disease; or
2.11 	(3) the condition of an HIV-positive patient when the patient's condition has 
2.12 	worsened and the patient's physician believes the patient could benefit from consumption 
2.13 	of marijuana. 
2.14 		Subd. 5.Medical use. "Medical use" means the acquisition, possession, cultivation, 
2.15 	manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia 
2.16 	relating to the consumption of marijuana to alleviate a registered qualifying patient's 
2.17 	debilitating medical condition or symptoms associated with the medical condition.
2.18 		Subd. 6.Practitioner. "Practitioner" means a licensed doctor of medicine or 
2.19 	licensed doctor of osteopathy licensed to practice medicine.
2.20 		Subd. 7.Primary supplier. "Primary supplier" means a person who is at least 
2.21 	18 years old and who has agreed to assist with a qualifying patient's medical use of 
2.22 	marijuana.  A primary supplier may assist no more than five qualifying patients with 
2.23 	their medical use of marijuana.
2.24 		Subd. 8.Qualifying patient. "Qualifying patient" means a person who has been 
2.25 	diagnosed by a practitioner as having a debilitating medical condition. A qualifying 
2.26 	patient may not be a primary supplier.
2.27 		Subd. 9.Registry identification card. "Registry identification card" means a 
2.28 	document issued by the commissioner that identifies a person as a qualifying patient 
2.29 	or primary supplier.
2.30 		Subd. 10.Usable marijuana. "Usable marijuana" means the dried leaves and 
2.31 	flowers of the marijuana plant, and any mixture or preparation thereof, but does not 
2.32 	include the seeds, stalks, and roots of the plant.
2.33 		Subd. 11.Written certification. "Written certification" means the qualifying 
2.34 	patient's medical records, or a statement signed by a practitioner, stating that in the 
2.35 	practitioner's professional opinion the potential benefits of the medical use of marijuana 
2.36 	would likely outweigh the health risks for the qualifying patient.  A written certification 
3.1 	shall only be made in the course of a bona fide practitioner-patient relationship after 
3.2 	the practitioner has completed a full assessment of the qualifying patient's medical 
3.3 	history.  The written certification shall specify the qualifying patient's debilitating medical 
3.4 	condition or conditions.

3.5 	Sec. 3. [152.23] PROTECTIONS FOR THE MEDICAL USE OF MARIJUANA.
3.6 		Subdivision 1.Qualifying patient. A qualifying patient who possesses a registry 
3.7 	identification card is not civilly or criminally liable and may not be denied any right or 
3.8 	privilege for possession for medical use of an amount of marijuana that does not exceed 
3.9 	the allowable amount. This immunity includes a civil penalty or disciplinary action by a 
3.10 	business, occupational, or professional licensing board.
3.11 		Subd. 2.Primary supplier. A primary supplier who possesses a registry 
3.12 	identification card is not civilly or criminally liable and may not be denied any right or 
3.13 	privilege for:
3.14 	(1) assisting a registered qualifying patient for whom the supplier is a registered 
3.15 	primary supplier in obtaining for medical use an allowable amount of marijuana; or
3.16 	(2) possessing an amount of marijuana that does not exceed the total of the allowable 
3.17 	amounts for the registered qualifying patients for whom the supplier is a registered 
3.18 	primary supplier.
3.19 	This immunity includes a civil penalty or disciplinary action by a business, 
3.20 	occupational, or professional licensing board.
3.21 		Subd. 3.Discrimination prohibited. No school, employer, or landlord may refuse 
3.22 	to enroll, employ, lease to, or otherwise penalize a person solely for the person's status as 
3.23 	a registered qualifying patient or a registered primary supplier.
3.24 		Subd. 4.Presumption. (a) There is a presumption that a qualifying patient or 
3.25 	primary supplier is engaged in the medical use of marijuana if the qualifying patient 
3.26 	or primary supplier:
3.27 	(1) is in possession of a registry identification card; and 
3.28 	(2) is in possession of an amount of marijuana that does not exceed the amount 
3.29 	permitted under sections 152.22 to 152.31.
3.30 	(b) The presumption may be rebutted by evidence that conduct related to marijuana 
3.31 	was not for the purpose of alleviating the qualifying patient's debilitating medical 
3.32 	condition or symptoms associated with the medical condition.
3.33 		Subd. 5.Supplier's reimbursement. A primary supplier may receive 
3.34 	reimbursement for costs associated with assisting with a registered qualifying patient's 
3.35 	medical use of marijuana. Compensation does not constitute sale of controlled substances.
4.1 		Subd. 6.Practitioner. A practitioner shall not be subject to arrest, prosecution, 
4.2 	or penalty in any manner or denied any right or privilege, including but not limited 
4.3 	to civil penalty or disciplinary action by the Board of Medical Practice or by another 
4.4 	business, occupational, or professional licensing board or bureau, solely for providing 
4.5 	written certifications or otherwise stating that, in the practitioner's professional opinion, 
4.6 	the potential benefits of the medical use of marijuana would likely outweigh the health 
4.7 	risks for a patient.
4.8 		Subd. 7.Property rights. (a) Any interest in or right to property that is possessed, 
4.9 	owned, or used in connection with the medical use of marijuana, or acts incidental to 
4.10 	such use, is not forfeited.
4.11 	(b) A law enforcement agency that seizes and does not return usable marijuana to a 
4.12 	registered qualifying patient or a registered primary supplier is liable to the cardholder 
4.13 	for the fair market value of the marijuana.
4.14 		Subd. 8.Arrest and prosecution prohibited. No person is subject to arrest 
4.15 	or prosecution for constructive possession, conspiracy, aiding and abetting, being an 
4.16 	accessory, or any other offense for being in the presence or vicinity of the medical use 
4.17 	of marijuana as permitted under sections 152.22 to 152.31 or for assisting a registered 
4.18 	qualifying patient with using or administering marijuana.
4.19 		Subd. 9.Reciprocity. A registry identification card, or its equivalent, issued under 
4.20 	the laws of another state, United States territory, or the District of Columbia to permit the 
4.21 	medical use of marijuana by a qualifying patient, or to permit a person to assist with a 
4.22 	qualifying patient's medical use of marijuana, shall have the same force and effect as a 
4.23 	registry identification card issued by the commissioner.

4.24 	Sec. 4. [152.25] REGISTRY IDENTIFICATION CARDS; ISSUANCE.
4.25 		Subdivision 1.Requirements; issuance. (a) The commissioner shall issue registry 
4.26 	identification cards to qualifying patients who submit:
4.27 	(1) a written certification;
4.28 	(2) the application or renewal fee;
4.29 	(3) the name, address, and date of birth of the qualifying patient, except that if the 
4.30 	applicant is homeless, no address is required;
4.31 	(4) the name, address, and telephone number of the qualifying patient's practitioner; 
4.32 	and 
4.33 	(5) the name, address, and date of birth of each primary supplier of the qualifying 
4.34 	patient, if any.
5.1 	(b) The commissioner shall not issue a registry identification card to a qualifying 
5.2 	patient under the age of 18 unless:
5.3 	(1) the qualifying patient's practitioner has explained the potential risks and benefits 
5.4 	of the medical use of marijuana to the qualifying patient and to a parent, guardian, or 
5.5 	person having legal custody of the qualifying patient; and 
5.6 	(2) a parent, guardian, or person having legal custody consents in writing to:
5.7 	(i) allow the qualifying patient's medical use of marijuana;
5.8 	(ii) serve as one of the qualifying patient's primary suppliers; and 
5.9 	(iii) control the acquisition of marijuana, the dosage, and the frequency of the 
5.10 	medical use of marijuana by the qualifying patient.
5.11 	(c) The commissioner shall verify the information contained in an application or 
5.12 	renewal submitted under this section and shall approve or deny an application or renewal 
5.13 	within 15 days of receiving it.  The commissioner may deny an application or renewal 
5.14 	only if the applicant did not provide the information required under this section or if the 
5.15 	commissioner determines that the information provided was falsified.  Rejection of an 
5.16 	application or renewal is a final agency action, subject to judicial review.  Jurisdiction and 
5.17 	venue for judicial review are vested in the district court.
5.18 	(d) The commissioner shall issue a registry identification card to each primary 
5.19 	supplier, if any, who is named in a qualifying patient's approved application, up to a 
5.20 	maximum of two primary suppliers per qualifying patient.
5.21 	(e) The commissioner shall issue a registry identification card within five days of 
5.22 	approving an application or renewal. The card expires one year after the date of issuance. 
5.23 	A registry identification card shall contain:
5.24 	(1) the name, address, and date of birth of the qualifying patient;
5.25 	(2) the name, address, and date of birth of each primary supplier of the qualifying 
5.26 	patient, if any;
5.27 	(3) the date of issuance and expiration date of the registry identification card; and
5.28 	(4) a random registry identification number. 
5.29 		Subd. 2.Notification of changes; penalties. (a) A qualifying patient who has been 
5.30 	issued a registry identification card shall notify the commissioner within ten days of any 
5.31 	change in the qualifying patient's name, address, or primary supplier or if the qualifying 
5.32 	patient ceases to have a debilitating medical condition.
5.33 	(b) Failure to notify the commissioner of a change as required under paragraph (a) is 
5.34 	a civil violation, punishable by a fine of no more than $150.  If the person has ceased to 
5.35 	have a debilitating medical condition, the card is null and void and the person is liable for 
5.36 	any other penalties that may apply to the person's nonmedical use of marijuana.
6.1 	(c) A registered primary supplier shall notify the commissioner within ten days of 
6.2 	any change in the supplier's name or address.  Failure to notify the commissioner of the 
6.3 	change is a civil violation, punishable by a fine of no more than $150.
6.4 	(d) When a qualifying patient or primary supplier notifies the commissioner of any 
6.5 	changes under this subdivision, the commissioner shall issue the qualifying patient and 
6.6 	each primary supplier a new registry identification card within ten days of receiving the 
6.7 	updated information and a $10 fee.
6.8 	(e) When a registered qualifying patient ceases to use the assistance of a registered 
6.9 	primary supplier, the commissioner shall notify the primary supplier within ten days.  The 
6.10 	primary supplier's protections as provided under section 152.23 expire ten days after 
6.11 	notification by the commissioner.
6.12 		Subd. 3.Lost cards. If a registered qualifying patient or a registered primary 
6.13 	supplier loses a registry identification card, the patient or supplier shall notify the 
6.14 	commissioner and submit a $10 fee within ten days of losing the card.  Within five days, 
6.15 	the commissioner shall issue a new registry identification card with a new random 
6.16 	identification number.
6.17 		Subd. 4.Card as probable cause. Possession of, or application for, a registry 
6.18 	identification card does not constitute probable cause or reasonable suspicion, nor shall it 
6.19 	be used to support search of the person or property of the person possessing or applying 
6.20 	for the registry identification card, or otherwise subject the person or property of the 
6.21 	person to inspection by any governmental agency.
6.22 		Subd. 5.Data practices. (a) Data in registration applications and supporting data 
6.23 	submitted by qualifying patients, including data on primary suppliers and practitioners, 
6.24 	are private data on individuals or nonpublic data as defined in section 13.02.
6.25 	(b) The commissioner shall maintain a list of persons to whom the commissioner 
6.26 	has issued registry identification cards. Data in the list are private data on individuals or 
6.27 	nonpublic data except that:
6.28 	(1) upon request of a law enforcement agency, the commissioner shall verify whether 
6.29 	a registry identification card is valid based on the card number; and
6.30 	(2) the commissioner may notify law enforcement of falsified or fraudulent 
6.31 	information submitted for purposes of obtaining or renewing a registration card.
6.32 		Subd. 6.Report. The commissioner shall report annually to the legislature on the 
6.33 	number of applications for registry identification cards, the number of qualifying patients 
6.34 	and primary suppliers approved, the nature of the debilitating medical conditions of the 
6.35 	qualifying patients, the number of registry identification cards revoked, and the number of 
6.36 	practitioners providing written certification for qualifying patients. The commissioner 
7.1 	must not include identifying information on qualifying patients, primary suppliers, or 
7.2 	practitioners in the report.   

7.3 	Sec. 5. [152.26] CONSTRUCTION.
7.4 	(a) Sections 152.22 to 152.31 do not permit:
7.5 	(1) a person to undertake a task under the influence of marijuana, when doing so 
7.6 	would constitute negligence or professional malpractice;
7.7 	(2) smoking of marijuana:
7.8 	(i) in a school bus or other form of public transportation;
7.9 	(ii) on school grounds;
7.10 	(iii) in a correctional facility; or 
7.11 	(iv) in any public place; and 
7.12 	(3) a person to operate, navigate, or be in actual physical control of any motor 
7.13 	vehicle, aircraft, or motorboat while under the influence of marijuana.  However, a 
7.14 	registered qualifying patient shall not be considered to be under the influence solely for 
7.15 	having marijuana metabolites in the patient's system.
7.16 	(b) Nothing in sections 152.22 to 152.31 shall be construed to require:
7.17 	(1) a government medical assistance program or private health insurer to reimburse a 
7.18 	person for costs associated with the medical use of marijuana; or 
7.19 	(2) an employer to accommodate the medical use of marijuana in any workplace.
7.20 	(c) Nothing in sections 152.22 to 152.30 prevents a court from limiting or prohibiting 
7.21 	the possession or use of marijuana as a condition of probation or conditional release.

7.22 	Sec. 6. [152.27] PENALTIES.
7.23 	(a) Fraudulent representation to a law enforcement official of any fact or 
7.24 	circumstance relating to the medical use of marijuana to avoid arrest or prosecution is 
7.25 	punishable by a fine of $500, which shall be in addition to any other penalties that may 
7.26 	apply for making a false statement and for the nonmedical use of marijuana.
7.27 	(b) In addition to any other penalty applicable in law, a qualifying patient is guilty of 
7.28 	a felony and may be sentenced to imprisonment for not more than two years or to payment 
7.29 	of a fine of not more than $3,000, or both, if the patient:
7.30 	(1) sells, transfers, loans, or otherwise gives another person the patient's registry 
7.31 	identification card; or
7.32 	(2) sells, transfers, loans, or otherwise gives another person marijuana obtained 
7.33 	under sections 152.22 to 152.31.

8.1 	Sec. 7. [152.28] FEES.
8.2 	Notwithstanding section 16A.1283, the commissioners of health and public safety 
8.3 	shall establish application, renewal, and background check fees that generate revenues 
8.4 	sufficient to offset all expenses of implementing and administering sections 152.22 to 
8.5 	152.31. The commissioner of health may vary the application and renewal fees along a 
8.6 	sliding scale that accounts for a qualifying patient's income. Fee receipts must be credited 
8.7 	to the state government special revenue fund. The commissioner of health may accept 
8.8 	donations from private sources to reduce the application and renewal fees.

8.9 	Sec. 8. [152.30] SEVERABILITY.
8.10 	Any provision of sections 152.22 to 152.31 being held invalid as to any person or 
8.11 	circumstances shall not affect the application of any other provision of sections 152.22 to 
8.12 	152.31 that can be given full effect without the invalid section or application.

8.13 	Sec. 9. [152.31] REGISTERED ORGANIZATION.
8.14 		Subdivision 1.Definition. For purposes of this section, "registered organization" 
8.15 	means a nonprofit entity registered with the commissioner under this section that acquires, 
8.16 	possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses 
8.17 	marijuana, cultivation equipment, related supplies and educational materials, or marijuana 
8.18 	seeds to registered qualifying patients and their registered primary suppliers.  A registered 
8.19 	organization is a primary supplier, although it may supply marijuana to any number of 
8.20 	registered qualifying patients who have designated it as one of their primary suppliers.
8.21 		Subd. 2.Registration requirements. (a) Subject to paragraph (c), the commissioner 
8.22 	shall issue a registered organization license within 20 days to any person who provides:
8.23 	(1) a fee in an amount established by the commissioner notwithstanding section 
8.24 	16A.1283, which shall not exceed $1,000;
8.25 	(2) the name of the registered organization;
8.26 	(3) the physical addresses of the registered organization and any other real property 
8.27 	where marijuana is to be possessed, cultivated, manufactured, supplied, or dispensed 
8.28 	relating to the operations of the registered organization;  
8.29 	(4) a bond in the amount of $100,000; and
8.30 	(5) the name, address, and date of birth of any person who is an agent of or employed 
8.31 	by the registered organization.
8.32 	(b) The commissioner shall issue each agent and employee of a registered 
8.33 	organization a registry identification card for a cost of $10 each within ten days of receipt 
9.1 	of the person's identifying information and the fee.  Each card shall specify that the 
9.2 	cardholder is an employee or agent of a registered organization.
9.3 	(c) No more than 25 registered organizations may be licensed by the commissioner 
9.4 	at one time. The commissioner shall attempt to ensure that licenses are issued in a manner 
9.5 	that provides for geographic disbursement of registered organizations throughout the state.
9.6 		Subd. 3.Expiration. A license for a registered organization and each employee or 
9.7 	agent registry identification card expires one year after the date of issuance.
9.8 		Subd. 4.Inspection. Registered organizations are subject to reasonable inspection 
9.9 	by the commissioner to determine that applicable laws are being followed. Reasonable 
9.10 	notice shall be given prior to the inspections.
9.11 		Subd. 5.Organization requirements. (a) Registered organizations must be 
9.12 	organized as a nonprofit corporation under chapter 317A or a similar law of another state.
9.13 	(b) Registered organizations may not be located within 500 feet of the property line 
9.14 	of a public school, private school, or structure used primarily for religious services or 
9.15 	worship.
9.16 	(c) The articles or bylaws of a registered organization shall include procedures for the 
9.17 	oversight of the registered organization and procedures to ensure adequate record keeping.
9.18 	(d) A registered organization shall notify the commissioner within ten days of when 
9.19 	an employee or agent ceases to work at the registered organization.
9.20 	(e) The registered organization shall notify the commissioner before a new agent or 
9.21 	employee begins working at the registered organization, in writing, and the organization 
9.22 	shall submit a $10 fee for the person's registry identification card.
9.23 	(f) No registered organization shall be subject to prosecution, search, seizure, or 
9.24 	penalty in any manner or denied any right or privilege, including but not limited to civil 
9.25 	penalty or disciplinary action by a business, occupational, or professional licensing board 
9.26 	or bureau, for acting according to sections 152.22 to 152.31  to assist registered qualifying 
9.27 	patients to whom it is connected through the commissioner's registration process with the 
9.28 	medical use of marijuana, provided that the registered organization possesses an amount 
9.29 	of marijuana that does not exceed the total of the allowable amounts of marijuana for the 
9.30 	registered qualifying patients for whom the organization is a registered primary supplier.
9.31 	(g) No employees, agents, or board members of a registered organization shall be 
9.32 	subject to arrest, prosecution, search, seizure, or penalty in any manner or denied any right 
9.33 	or privilege, including but not limited to civil penalty or disciplinary action by a business, 
9.34 	occupational, or professional licensing board or bureau, for working for a registered 
9.35 	organization according to sections 152.22 to 152.31.
9.36 	(h) The registered organization is prohibited from:
10.1 	(1) obtaining marijuana from outside the state in violation of federal law; or 
10.2 	(2) acquiring, possessing, cultivating, manufacturing, delivering, transferring, 
10.3 	transporting, supplying, or dispensing marijuana for any purpose except to assist registered 
10.4 	qualifying patients with the medical use of marijuana directly or through the qualifying 
10.5 	patients' other primary suppliers.
10.6 	(i) The director of a registered organization shall ensure that all current and 
10.7 	prospective employees and agents of the organization have undergone criminal 
10.8 	background checks. The check shall include:
10.9 	(1) systems accessible through the criminal justice data communications network, 
10.10 	including, but not limited to, criminal history, predatory offender registration, warrants, 
10.11 	and driver's license record information from the Department of Public Safety;
10.12 	(2) the statewide supervision system maintained by the Department of Corrections; 
10.13 	and
10.14 	(3) national criminal history information maintained by the Federal Bureau of 
10.15 	Investigation. 
10.16 	The subject of the check shall provide the director with a written authorization to conduct 
10.17 	the check of these systems and a set of fingerprints, which shall be sent to the Bureau 
10.18 	of Criminal Apprehension. The bureau shall exchange the fingerprints with the FBI to 
10.19 	facilitate the national background check. The superintendent may recover fees associated 
10.20 	with the background checks from the registered organization.
10.21 		Subd. 6.Penalty. The registered organization may not possess an amount of 
10.22 	marijuana that exceeds the total of the allowable amounts of marijuana for the registered 
10.23 	qualifying patients for whom the organization is a registered primary supplier. The 
10.24 	registered organization may not dispense, deliver, or otherwise transfer marijuana to 
10.25 	a person other than a qualifying patient or the patient's primary supplier. A knowing 
10.26 	violation of this subdivision is a felony punishable by imprisonment for not more than two 
10.27 	years or by payment of a fine of not more than $3,000, or both. This penalty is in addition 
10.28 	to any other penalties applicable in law.
10.29 		Subd. 7.Records. The registered organization shall keep records of the names of 
10.30 	qualifying patients and primary suppliers receiving marijuana from the organization and 
10.31 	the amounts received. The organization shall forward these records to the commissioner on 
10.32 	a quarterly basis. The commissioner shall maintain this data as private data on individuals.

10.33 	Sec. 10. APPROPRIATIONS.
 11.1 		Subdivision 1.Commissioner of health. $295,000 is appropriated from the state 
11.2 	government special revenue fund to the commissioner of health to administer this act, to 
11.3 	be available until June 30, 2007.
11.4 		Subd. 2.Commissioner of public safety. $87,000 is appropriated from the state 
11.5 	government special revenue fund to the commissioner of public safety to administer this 
11.6 	act, to be available until June 30, 2007.

11.7 	Sec. 11. EFFECTIVE DATE.
 11.8 	Sections 1 to 10 are effective the day following final enactment.