SF 97

2nd Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to health; providing for the medical use of marijuana; providing civil 1.3and criminal penalties; providing an expiration date for medical use of marijuana 1.4provisions; appropriating money;amending Minnesota Statutes 2008, section 1.513.3806, by adding a subdivision; proposing coding for new law in Minnesota 1.6Statutes, chapter 152. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8    Section 1. Minnesota Statutes 2008, section 13.3806, is amended by adding a 1.9subdivision to read: 1.10     new text begin Subd. 21. new text end new text begin Medical use of marijuana data. new text end new text begin Data collected by the commissioner of new text end 1.11 new text begin health relating to registrations for the medical use of marijuana are classified in section new text end 1.12 new text begin 152.25, subdivision 5. new text end 1.13    Sec. 2. new text begin [152.22] DEFINITIONS. new text end 1.14     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin For purposes of sections 152.22 to 152.31, the terms new text end 1.15 new text begin defined in this section have the meanings given them. new text end 1.16     new text begin Subd. 2. new text end new text begin Allowable amount of marijuana. new text end new text begin (a) With respect to a qualifying patient, new text end 1.17 new text begin the "allowable amount of marijuana" means: new text end 1.18     new text begin (1) 2.5 ounces of usable marijuana; and new text end 1.19     new text begin (2) six marijuana plants contained in an enclosed, locked facility if the qualifying new text end 1.20 new text begin patient's registry identification card provides that the qualifying patient is authorized to new text end 1.21 new text begin cultivate marijuana. new text end 1.22     new text begin (b) With respect to a primary caregiver, the "allowable amount of marijuana" for new text end 1.23 new text begin each patient means: new text end 1.24     new text begin (1) 2.5 ounces of usable marijuana; and new text end 2.1     new text begin (2) six marijuana plants contained in an enclosed, locked facility if the primary new text end 2.2 new text begin caregiver's registry identification card provides that the primary caregiver is authorized to new text end 2.3 new text begin cultivate marijuana. new text end 2.4     new text begin (c) With respect to a registered organization, the "allowable amount of marijuana" new text end 2.5 new text begin for each patient means: new text end 2.6     new text begin (1) six marijuana plants; and new text end 2.7     new text begin (2) any amount of other parts of the marijuana plant. new text end 2.8     new text begin Subd. 3. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of health. new text end 2.9     new text begin Subd. 4. new text end new text begin Debilitating medical condition. new text end new text begin "Debilitating medical condition" means: new text end 2.10     new text begin (1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, Tourette's new text end 2.11 new text begin syndrome, or the treatment of these conditions; new text end 2.12     new text begin (2) a chronic or debilitating disease or medical condition or its treatment that new text end 2.13 new text begin produces one or more of the following: cachexia or wasting syndrome; intractable pain, new text end 2.14 new text begin as defined in section 152.125, subdivision 1; severe nausea; seizures, including, but new text end 2.15 new text begin not limited to, those characteristic of epilepsy; severe and persistent muscle spasms, new text end 2.16 new text begin including, but not limited to, those characteristic of multiple sclerosis and Crohn's disease; new text end 2.17 new text begin or agitation of Alzheimer's disease; new text end 2.18     new text begin (3) the condition of an HIV-positive patient when the patient's condition has new text end 2.19 new text begin worsened and the patient's physician believes the patient could benefit from consumption new text end 2.20 new text begin of marijuana; or new text end 2.21     new text begin (4) any other medical condition or its treatment approved by the commissioner. new text end 2.22     new text begin Subd. 5. new text end new text begin Department. new text end new text begin "Department" means the Minnesota Department of Health. new text end 2.23     new text begin Subd. 6. new text end new text begin Medical use of marijuana. new text end new text begin "Medical use of marijuana" means the new text end 2.24 new text begin acquisition, possession, use, cultivation, manufacture, delivery, transfer, or transportation new text end 2.25 new text begin of marijuana or paraphernalia, as defined in section 152.01, subdivision 18, relating to the new text end 2.26 new text begin consumption of marijuana to alleviate a registered qualifying patient's debilitating medical new text end 2.27 new text begin condition or symptoms associated with the medical condition. new text end 2.28     new text begin Subd. 7. new text end new text begin Practitioner. new text end new text begin "Practitioner" means a Minnesota licensed doctor of new text end 2.29 new text begin medicine, a Minnesota licensed doctor of osteopathy licensed to practice medicine, a new text end 2.30 new text begin Minnesota licensed physician assistant acting within the scope of authorized practice, or new text end 2.31 new text begin a Minnesota licensed advance practice registered nurse. new text end 2.32     new text begin Subd. 8. new text end new text begin Primary caregiver. new text end new text begin "Primary caregiver" means a person who is at least new text end 2.33 new text begin 21 years old and who has agreed to assist with a qualifying patient's medical use of new text end 2.34 new text begin marijuana. A primary caregiver may assist no more than five qualifying patients with new text end 2.35 new text begin their medical use of marijuana. new text end 3.1     new text begin Subd. 9. new text end new text begin Qualifying patient. new text end new text begin "Qualifying patient" means a person who has been new text end 3.2 new text begin diagnosed by a practitioner as having a debilitating medical condition. new text end 3.3     new text begin Subd. 10. new text end new text begin Registry identification card. new text end new text begin "Registry identification card" means a new text end 3.4 new text begin document issued by the commissioner that identifies a person as a qualifying patient or new text end 3.5 new text begin primary caregiver. new text end 3.6     new text begin Subd. 11. new text end new text begin Usable marijuana. new text end new text begin "Usable marijuana" means the dried leaves and new text end 3.7 new text begin flowers of the marijuana plant, and any mixture or preparation of it, but does not include new text end 3.8 new text begin the seeds, stalks, and roots of the plant. new text end 3.9     new text begin Subd. 12. new text end new text begin Written certification. new text end new text begin "Written certification" means a statement signed new text end 3.10 new text begin and dated by a practitioner, stating that in the practitioner's professional opinion the new text end 3.11 new text begin potential benefits of the medical use of marijuana would likely outweigh the health risks new text end 3.12 new text begin for the qualifying patient. A written certification must be reviewed by the practitioner new text end 3.13 new text begin annually and shall only be made in the course of a bona fide practitioner-patient new text end 3.14 new text begin relationship after the practitioner has completed a physical examination of the patient and new text end 3.15 new text begin a full assessment of the qualifying patient's medical history. The written certification new text end 3.16 new text begin shall specify the qualifying patient's debilitating medical condition or conditions and new text end 3.17 new text begin recommend the medical use of marijuana to alleviate the condition or symptoms associated new text end 3.18 new text begin with the condition. new text end 3.19    Sec. 3. new text begin [152.23] PROTECTIONS FOR MEDICAL USE OF MARIJUANA. new text end 3.20     new text begin Subdivision 1. new text end new text begin Qualifying patient. new text end new text begin A qualifying patient who possesses a registry new text end 3.21 new text begin identification card shall not be subject to arrest, prosecution, or penalty in any manner, or new text end 3.22 new text begin denied any right or privilege, including, but not limited to, civil penalty or disciplinary new text end 3.23 new text begin action by a business or occupational or professional licensing board or entity, for the new text end 3.24 new text begin medical use of marijuana, provided that the qualifying patient possesses an amount of new text end 3.25 new text begin marijuana that does not exceed the allowable amount. new text end 3.26     new text begin Subd. 2. new text end new text begin Primary caregiver. new text end new text begin A primary caregiver who possesses a registry new text end 3.27 new text begin identification card shall not be subject to arrest, prosecution, or penalty in any manner, or new text end 3.28 new text begin denied any right or privilege, including, but not limited to, civil penalty or disciplinary new text end 3.29 new text begin action by a business or occupational or professional licensing board or entity, for new text end 3.30 new text begin assisting a qualifying patient to whom the primary caregiver is connected through the new text end 3.31 new text begin commissioner's registration process with the medical use of marijuana, provided that the new text end 3.32 new text begin primary caregiver possesses an amount of marijuana that does not exceed the allowable new text end 3.33 new text begin amount of marijuana for each qualifying patient to whom the primary caregiver is new text end 3.34 new text begin connected through the registration process. new text end 4.1     new text begin Subd. 3. new text end new text begin Dismissal of charges. new text end new text begin If a qualifying patient or a primary caregiver who is new text end 4.2 new text begin not in possession of a registry identification card is arrested for possession of an amount of new text end 4.3 new text begin marijuana that does not exceed the allowable amount or is charged with this, the patient or new text end 4.4 new text begin caregiver shall be released from custody and the charges dismissed upon production of a new text end 4.5 new text begin valid registry identification card issued in the person's name. new text end 4.6     new text begin Subd. 4. new text end new text begin Discrimination prohibited. new text end new text begin (a) No school or landlord may refuse to enroll new text end 4.7 new text begin or lease to, or otherwise penalize, a person solely for the person's status as a registered new text end 4.8 new text begin qualifying patient or a registered primary caregiver, unless failing to do so would place the new text end 4.9 new text begin school or landlord in violation of federal law. new text end 4.10 new text begin (b) For the purposes of medical care, including organ transplants, a registered new text end 4.11 new text begin qualifying patient's authorized use of marijuana according to sections 152.22 to 152.31 new text end 4.12 new text begin is considered the equivalent of the authorized medication used at the discretion of a new text end 4.13 new text begin physician, and does not constitute the use of an illicit substance. new text end 4.14 new text begin (c) Unless a failure to do so would put an employer in violation of federal law new text end 4.15 new text begin or federal regulations, an employer may not discriminate against a person in hiring, new text end 4.16 new text begin termination, or any term or condition of employment, or otherwise penalize a person, if new text end 4.17 new text begin the discrimination is based upon either of the following: new text end 4.18 new text begin (1) the person's status as a registered qualifying patient or a registered primary new text end 4.19 new text begin caregiver; or new text end 4.20 new text begin (2) a registered qualifying patient's positive drug test for marijuana components or new text end 4.21 new text begin metabolites, unless the patient used, possessed, or was impaired by marijuana on the new text end 4.22 new text begin premises of the place of employment or during the hours of employment. new text end 4.23 new text begin (d) A person shall not be denied custody of or visitation rights or parenting time new text end 4.24 new text begin with a minor solely for the person's status as a registered qualifying patient or a registered new text end 4.25 new text begin primary caregiver, and there shall be no presumption of neglect or child endangerment new text end 4.26 new text begin for conduct allowed under sections 152.22 to 152.31, unless the person's behavior is new text end 4.27 new text begin such that it creates an unreasonable danger to the safety of the minor as established by new text end 4.28 new text begin clear and convincing evidence. new text end 4.29     new text begin Subd. 5. new text end new text begin Presumption. new text end new text begin (a) There is a presumption that a qualifying patient or new text end 4.30 new text begin primary caregiver is engaged in the medical use of marijuana if the qualifying patient or new text end 4.31 new text begin primary caregiver: new text end 4.32     new text begin (1) is in possession of a registry identification card; and new text end 4.33     new text begin (2) is in possession of an amount of marijuana that does not exceed the amount new text end 4.34 new text begin permitted under sections 152.22 to 152.31. new text end 5.1     new text begin (b) The presumption may be rebutted by evidence that conduct related to marijuana new text end 5.2 new text begin was not for the purpose of alleviating the qualifying patient's debilitating medical new text end 5.3 new text begin condition or symptoms associated with the medical condition. new text end 5.4     new text begin Subd. 6. new text end new text begin Caregiver's reimbursement. new text end new text begin A primary caregiver who is not a registered new text end 5.5 new text begin organization may receive reimbursement from a registered qualifying patient for costs new text end 5.6 new text begin associated with assisting with a registered qualifying patient's medical use of marijuana. new text end 5.7 new text begin To be reimbursable under this subdivision, a cost must have been actually incurred by the new text end 5.8 new text begin caregiver. Examples of reimbursable costs include mileage, travel expenses, price paid to new text end 5.9 new text begin obtain supplies, and the price paid to a registered organization for marijuana. A primary new text end 5.10 new text begin caregiver may not be paid any extra fee or compensation for serving as a caregiver. new text end 5.11 new text begin Reimbursement does not constitute sale of controlled substances. new text end 5.12     new text begin Subd. 7. new text end new text begin Practitioner. new text end new text begin A practitioner shall not be subject to arrest, prosecution, or new text end 5.13 new text begin penalty in any manner or denied any right or privilege, including, but not limited to, civil new text end 5.14 new text begin penalty or disciplinary action by the Board of Medical Practice or by another business new text end 5.15 new text begin or occupational or professional licensing board or entity, solely for providing written new text end 5.16 new text begin certifications or otherwise stating that, in the practitioner's professional opinion, the new text end 5.17 new text begin potential benefits of the medical use of marijuana would likely outweigh the health risks new text end 5.18 new text begin for a patient, provided that nothing shall prevent a practitioner from being sanctioned for new text end 5.19 new text begin failure to properly evaluate a patient's medical condition or otherwise violate the standard new text end 5.20 new text begin of care for evaluating medical conditions. new text end 5.21     new text begin Subd. 8. new text end new text begin Property rights. new text end new text begin Any interest in or right to property that is lawfully new text end 5.22 new text begin possessed, owned, or used in connection with the medical use of marijuana as authorized new text end 5.23 new text begin in sections 152.22 to 152.31, or acts incidental to such use, is not forfeited under sections new text end 5.24 new text begin 609.531 to 609.5318. new text end 5.25     new text begin Subd. 9. new text end new text begin Arrest and prosecution prohibited. new text end new text begin No person is subject to arrest or new text end 5.26 new text begin prosecution for any offense related to the possession of marijuana, including constructive new text end 5.27 new text begin possession, conspiracy, aiding and abetting, or being an accessory, solely for being in the new text end 5.28 new text begin presence or vicinity of the medical use of marijuana as permitted under sections 152.22 to new text end 5.29 new text begin 152.31 or, if the person is a primary caregiver acting in compliance with sections 152.22 to new text end 5.30 new text begin 152.31, for assisting a registered qualifying patient with using or administering marijuana. new text end 5.31     new text begin Subd. 10. new text end new text begin Nursing facilities. new text end new text begin Nursing facilities licensed under chapter 144A or new text end 5.32 new text begin boarding care homes licensed under section 144.50 may adopt reasonable restrictions on new text end 5.33 new text begin the use of medical marijuana by their residents. The restrictions may include a provision new text end 5.34 new text begin that the facility will not store or maintain the patient's supply of medical marijuana, that new text end 5.35 new text begin caregivers or the hospice agencies serving their residents are not responsible for providing new text end 5.36 new text begin the marijuana for qualifying patients, that marijuana be consumed in a method other than new text end 6.1 new text begin smoking, and that medical marijuana be consumed only in a place specified by the facility. new text end 6.2 new text begin Nothing contained herein, however, shall require the facilities to adopt such restrictions new text end 6.3 new text begin and no facility shall unreasonably limit a qualifying patient's access to or use of marijuana. new text end 6.4    Sec. 4. new text begin [152.25] REGISTRY IDENTIFICATION CARDS; ISSUANCE. new text end 6.5     new text begin Subdivision 1. new text end new text begin Requirements; issuance. new text end new text begin (a) The commissioner shall issue registry new text end 6.6 new text begin identification cards to qualifying patients who submit: new text end 6.7     new text begin (1) a written certification issued within the 90 days immediately preceding the new text end 6.8 new text begin date of application; new text end 6.9     new text begin (2) the application or renewal fee of $100; new text end 6.10     new text begin (3) the name, address, and date of birth of the qualifying patient, except that if the new text end 6.11 new text begin applicant is homeless, no address is required; new text end 6.12     new text begin (4) the name, address, and telephone number of the qualifying patient's practitioner; new text end 6.13     new text begin (5) the name, address, and date of birth of each primary caregiver of the qualifying new text end 6.14 new text begin patient, if any, and a signed statement from the individual designated to be a primary new text end 6.15 new text begin caregiver agreeing to be designated as such. A qualifying patient may designate only one new text end 6.16 new text begin primary caregiver except that one additional caregiver may be designated if the qualifying new text end 6.17 new text begin patient is under the age of 18, or the qualifying patient designates a registered organization new text end 6.18 new text begin to cultivate marijuana for the patient's medical use and the patient requests the assistance new text end 6.19 new text begin of the second caregiver that is not a registered organization to assist with the qualifying new text end 6.20 new text begin patient's medical use. A qualifying patient may name a maximum of two primary new text end 6.21 new text begin caregivers, one of whom must be a registered organization. For the registered organization new text end 6.22 new text begin designated, the name and address of the registered organization must be submitted; and new text end 6.23 new text begin (6) a designation as to who will be allowed to cultivate marijuana plants for the new text end 6.24 new text begin qualifying patient's medical use. Only one person or entity will be permitted to cultivate new text end 6.25 new text begin marijuana for a qualified patient. A qualifying patient or the qualifying patient's caregiver new text end 6.26 new text begin may only be designated to cultivate marijuana if a registered organization is not located new text end 6.27 new text begin within 30 miles of the qualifying patient's home. new text end 6.28     new text begin (b) The commissioner shall not issue a registry identification card to a qualifying new text end 6.29 new text begin patient under the age of 18 unless: new text end 6.30     new text begin (1) the qualifying patient's practitioner has explained the potential risks and benefits new text end 6.31 new text begin of the medical use of marijuana to the qualifying patient and to a parent, guardian, or new text end 6.32 new text begin person having legal custody of the qualifying patient; and new text end 6.33     new text begin (2) a parent, guardian, or person having legal custody consents in writing to: new text end 6.34     new text begin (i) allow the qualifying patient's medical use of marijuana; new text end 6.35     new text begin (ii) serve as one of the qualifying patient's primary caregivers; and new text end 7.1     new text begin (iii) control the acquisition of marijuana, the dosage, and the frequency of the new text end 7.2 new text begin medical use of marijuana by the qualifying patient. new text end 7.3     new text begin (c) The commissioner shall verify the information contained in an application or new text end 7.4 new text begin renewal submitted under this section and shall approve or deny an application or renewal new text end 7.5 new text begin within 15 days of receiving it. The commissioner may deny an application or renewal new text end 7.6 new text begin only if the applicant did not provide the information required under this section or if the new text end 7.7 new text begin commissioner determines that the information provided was falsified. Rejection of an new text end 7.8 new text begin application or renewal is a final agency action, subject to judicial review. Jurisdiction and new text end 7.9 new text begin venue for judicial review are vested in the district court. new text end 7.10     new text begin (d) The commissioner shall issue a registry identification card to each primary new text end 7.11 new text begin caregiver, if any, who is named in a qualifying patient's approved application, up to a new text end 7.12 new text begin maximum of two primary caregivers per qualifying patient. If a primary caregiver named new text end 7.13 new text begin by the qualifying patient is a registered organization, a registry identification card shall be new text end 7.14 new text begin provided under section 152.31, subdivision 2. new text end 7.15     new text begin (e) The commissioner shall issue a registry identification card under paragraphs (a) new text end 7.16 new text begin and (d) within five days of approving an application or renewal. The card expires one year new text end 7.17 new text begin after the date of issuance. A registry identification card shall contain: new text end 7.18     new text begin (1) a photograph of the cardholder; new text end 7.19     new text begin (2) the name, address, and date of birth of the qualifying patient; new text end 7.20     new text begin (3) the name, address, and date of birth of each primary caregiver of the qualifying new text end 7.21 new text begin patient, if any, if the primary caregiver is not a registered organization; new text end 7.22     new text begin (4) the date of issuance and expiration date of the registry identification card; new text end 7.23     new text begin (5) a random registry identification number; and new text end 7.24 new text begin (6) a clear indication of whether the cardholder has been authorized to cultivate new text end 7.25 new text begin marijuana plants for the qualifying patient's medical use. new text end 7.26     new text begin Subd. 2. new text end new text begin Notification of changes; penalties. new text end new text begin (a) A qualifying patient who has been new text end 7.27 new text begin issued a registry identification card shall notify the commissioner within ten days of any new text end 7.28 new text begin change in the qualifying patient's name, address, or primary caregiver, or if the qualifying new text end 7.29 new text begin patient ceases to have a debilitating medical condition. new text end 7.30     new text begin (b) Failure to notify the commissioner of a change as required under paragraph (a) is new text end 7.31 new text begin a civil violation, punishable by a fine of no more than $150. If the person has ceased to new text end 7.32 new text begin have a debilitating medical condition, the card is null and void and the person is liable for new text end 7.33 new text begin any other penalties that may apply to the person's nonmedical use of marijuana. new text end 7.34     new text begin (c) A qualifying patient must notify the commissioner of a change in the qualifying new text end 7.35 new text begin patient's designation as to who will be allowed to cultivate marijuana plants for the new text end 7.36 new text begin qualifying patient's medical use. new text end 8.1     new text begin (d) When a qualifying patient or primary caregiver notifies the commissioner of any new text end 8.2 new text begin changes under this subdivision, the commissioner shall issue the qualifying patient and new text end 8.3 new text begin each primary caregiver a new registry identification card within ten days of receiving the new text end 8.4 new text begin updated information and a $10 fee. new text end 8.5     new text begin (e) When a registered qualifying patient ceases to use the assistance of a registered new text end 8.6 new text begin primary caregiver, the commissioner shall notify the primary caregiver within ten days. new text end 8.7 new text begin The primary caregiver's protections as provided under section new text end new text begin expire ten days after new text end 8.8 new text begin notification by the commissioner. new text end 8.9     new text begin Subd. 3. new text end new text begin Lost cards. new text end new text begin If a registered qualifying patient or a registered primary new text end 8.10 new text begin caregiver loses a registry identification card, the patient or caregiver shall notify the new text end 8.11 new text begin commissioner and submit a $15 fee within ten days of losing the card. Within five days of new text end 8.12 new text begin receiving notification and the required fee, the commissioner shall issue a new registry new text end 8.13 new text begin identification card with a new random identification number. new text end 8.14     new text begin Subd. 4. new text end new text begin Card as probable cause. new text end new text begin Possession of, or application for, a registry new text end 8.15 new text begin identification card does not constitute probable cause or reasonable suspicion, nor shall it new text end 8.16 new text begin be used to support a search of the person or property of the person possessing or applying new text end 8.17 new text begin for the registry identification card, or otherwise subject the person or property of the new text end 8.18 new text begin person to inspection by any governmental agency. new text end 8.19     new text begin Subd. 5. new text end new text begin Data practices. new text end new text begin (a) Data in registration applications and supporting new text end 8.20 new text begin data submitted by qualifying patients or primary caregivers, including data on primary new text end 8.21 new text begin caregivers and practitioners, are private data on individuals or nonpublic data as defined in new text end 8.22 new text begin section 13.02. new text end 8.23     new text begin (b) The commissioner shall maintain a list of persons to whom the commissioner new text end 8.24 new text begin has issued registry identification cards. Data in the list are private data on individuals or new text end 8.25 new text begin nonpublic data except that: new text end 8.26     new text begin (1) upon request of a law enforcement agency, the commissioner shall verify whether new text end 8.27 new text begin a registry identification card is valid solely by confirming the registry identification new text end 8.28 new text begin number; and new text end 8.29     new text begin (2) the commissioner may notify law enforcement of falsified or fraudulent new text end 8.30 new text begin information submitted for purposes of obtaining or renewing a registration card. new text end 8.31     new text begin Subd. 6. new text end new text begin Report. new text end new text begin The commissioner shall report annually to the legislature on the new text end 8.32 new text begin number of applications for registry identification cards, the number of qualifying patients new text end 8.33 new text begin and primary caregivers approved, the nature of the debilitating medical conditions of the new text end 8.34 new text begin qualifying patients, the number of registry identification cards revoked, and the number of new text end 8.35 new text begin practitioners providing written certification for qualifying patients. The commissioner new text end 9.1 new text begin must not include identifying information on qualifying patients, primary caregivers, or new text end 9.2 new text begin practitioners in the report. new text end 9.3     new text begin Subd. 7. new text end new text begin Submission of false records; criminal penalty. new text end new text begin A person who knowingly new text end 9.4 new text begin submits false records or documentation required by the commissioner of health to certify new text end 9.5 new text begin an organization under sections 152.22 to 152.31 is guilty of a felony and may be sentenced new text end 9.6 new text begin to imprisonment for not more than five years or to payment of a fine of not more than new text end 9.7 new text begin $10,000, or both. new text end 9.8     new text begin Subd. 8. new text end new text begin Criminal background check for primary caregivers. new text end new text begin Before issuing a new text end 9.9 new text begin registry identification card to a primary caregiver under this section, the commissioner new text end 9.10 new text begin shall request a criminal history background check on the caregiver from the superintendent new text end 9.11 new text begin of the Bureau of Criminal Apprehension. The provisions of section 152.31, subdivision new text end 9.12 new text begin 7, apply to the background check. A person may not serve as a primary caregiver new text end 9.13 new text begin and a registry identification card may not be issued to the person if the person has new text end 9.14 new text begin been convicted of a drug felony as defined in section 152.31, subdivision 7, paragraph new text end 9.15 new text begin (a). Notwithstanding this provision, if the commissioner determines that the person's new text end 9.16 new text begin conviction was for the medical use of marijuana or assisting with the medical use of new text end 9.17 new text begin marijuana, the commissioner may issue the person a registry identification card and allow new text end 9.18 new text begin the person to serve as a primary caregiver. new text end 9.19    Sec. 5. new text begin [152.26] CONSTRUCTION. new text end 9.20     new text begin (a) Sections 152.22 to 152.31 do not permit: new text end 9.21     new text begin (1) a person to undertake a task under the influence of marijuana, when doing new text end 9.22 new text begin so would constitute negligence, professional malpractice, or failure to practice with new text end 9.23 new text begin reasonable skill and safety; new text end 9.24     new text begin (2) smoking of marijuana: new text end 9.25     new text begin (i) in a school bus or other form of public transportation; new text end 9.26     new text begin (ii) on school grounds; new text end 9.27     new text begin (iii) in a correctional facility; new text end 9.28     new text begin (iv) in any public place; or new text end 9.29     new text begin (v) where the smoke may be inhaled by a minor child; new text end 9.30     new text begin (3) a person to operate, navigate, or be in actual physical control of any motor new text end 9.31 new text begin vehicle, aircraft, train, or motorboat, or work on transportation property, equipment, or new text end 9.32 new text begin facilities while under the influence of marijuana. However, a registered qualifying patient new text end 9.33 new text begin shall not be considered to be under the influence solely for having marijuana metabolites new text end 9.34 new text begin in the patient's system; new text end 9.35     new text begin (4) possession of marijuana on school grounds; or new text end 10.1     new text begin (5) possession of marijuana on correctional facility property. new text end 10.2     new text begin (b) Nothing in sections 152.22 to 152.31 shall be construed to require: new text end 10.3     new text begin (1) a government medical assistance program or private health insurer to reimburse a new text end 10.4 new text begin person for costs associated with the medical use of marijuana; or new text end 10.5     new text begin (2) an employer to accommodate the medical use of marijuana in any workplace. new text end 10.6    Sec. 6. new text begin [152.27] PENALTIES. new text end 10.7     new text begin (a) Fraudulent representation to a law enforcement official of any fact or new text end 10.8 new text begin circumstance relating to the medical use of marijuana to avoid arrest or prosecution is a new text end 10.9 new text begin gross misdemeanor, which shall be in addition to any other penalties that may apply for new text end 10.10 new text begin making a false statement and for the nonmedical use of marijuana. If a person convicted new text end 10.11 new text begin of violating this section is a qualifying patient or a primary caregiver, the person is new text end 10.12 new text begin disqualified from further participation under sections 152.22 to 152.31 and the person's new text end 10.13 new text begin registry card is void. new text end 10.14     new text begin (b) In addition to any other penalty applicable in law, a qualifying patient is guilty of new text end 10.15 new text begin a felony and may be sentenced to imprisonment for not more than two years or to payment new text end 10.16 new text begin of a fine of not more than $3,000, or both, if the patient: new text end 10.17     new text begin (1) sells, transfers, loans, or otherwise gives another person the patient's registry new text end 10.18 new text begin identification card; or new text end 10.19     new text begin (2) sells, transfers, loans, or otherwise gives another person marijuana obtained new text end 10.20 new text begin under sections 152.22 to 152.31. new text end 10.21 new text begin In addition, the person is disqualified from further participation under sections 152.22 to new text end 10.22 new text begin 152.31 and the person's registry card is void. new text end 10.23    Sec. 7. new text begin [152.29] AFFIRMATIVE DEFENSE AND DISMISSAL FOR MEDICAL new text end 10.24 new text begin MARIJUANA. new text end 10.25     new text begin (a) Except as provided in section new text end new text begin , a person and a person's primary caregiver, new text end 10.26 new text begin if any, may assert the medical purpose for using marijuana as a defense to any prosecution new text end 10.27 new text begin involving marijuana, and such defense shall be presumed valid where the evidence shows new text end 10.28 new text begin that: new text end 10.29     new text begin (1) a practitioner has stated that, in the practitioner's professional opinion, after new text end 10.30 new text begin having completed a full assessment of the person's medical history and current medical new text end 10.31 new text begin condition made in the course of a bona fide practitioner-patient relationship, the potential new text end 10.32 new text begin benefits of using marijuana for medical purposes would likely outweigh the health risks new text end 10.33 new text begin for the person; and new text end 11.1     new text begin (2) the person and the person's primary caregiver, if any, were collectively in new text end 11.2 new text begin possession of a quantity of marijuana that was not more than was reasonably necessary new text end 11.3 new text begin to ensure the uninterrupted availability of marijuana for the purpose of alleviating the new text end 11.4 new text begin person's medical condition or symptoms associated with the medical condition. new text end 11.5     new text begin (b) A person may assert the medical purpose for using marijuana in a motion to new text end 11.6 new text begin dismiss, and the charges shall be dismissed following an evidentiary hearing where the new text end 11.7 new text begin defendant shows the elements listed in paragraph (a). new text end 11.8     new text begin (c) Any interest in or right to property that was possessed, owned, or used in new text end 11.9 new text begin connection with a person's use of marijuana for medical purposes shall not be forfeited if new text end 11.10 new text begin the person or the person's primary caregiver demonstrates the person's medical purpose for new text end 11.11 new text begin using marijuana under this section. new text end 11.12    Sec. 8. new text begin [152.30] SEVERABILITY. new text end 11.13     new text begin Any provision of sections new text end new text begin to new text end new text begin being held invalid as to any person or new text end 11.14 new text begin circumstances shall not affect the application of any other provision of sections new text end new text begin to new text end 11.15 new text begin 152.31 that can be given full effect without the invalid section or application. new text end 11.16    Sec. 9. new text begin [152.31] REGISTERED ORGANIZATION. new text end 11.17     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For purposes of this section, "registered organization" new text end 11.18 new text begin means a nonprofit entity registered with the commissioner under this section that acquires, new text end 11.19 new text begin possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses new text end 11.20 new text begin marijuana, or related supplies and educational materials to registered qualifying patients new text end 11.21 new text begin and the qualifying patients' registered primary caregivers. A registered organization new text end 11.22 new text begin is a primary caregiver, although it may supply marijuana to any number of registered new text end 11.23 new text begin qualifying patients who have designated it as one of the qualifying patient's primary new text end 11.24 new text begin caregivers. A registered organization may not possess more than the allowable amount new text end 11.25 new text begin of marijuana. new text end 11.26     new text begin Subd. 2. new text end new text begin Registration requirements. new text end new text begin (a) The commissioner shall issue a registered new text end 11.27 new text begin organization license within 20 days to any person who provides: new text end 11.28     new text begin (1) a fee in an amount established by the commissioner notwithstanding section new text end 11.29 new text begin , which shall not exceed $2,000; new text end 11.30     new text begin (2) the name of the registered organization; new text end 11.31     new text begin (3) the physical addresses of the registered organization and any other real property new text end 11.32 new text begin where marijuana is to be possessed, cultivated, manufactured, supplied, or dispensed new text end 11.33 new text begin relating to the operations of the registered organization; and new text end 12.1     new text begin (4) the name, address, and date of birth of any person who is an agent of or employed new text end 12.2 new text begin by the registered organization. new text end 12.3     new text begin (b) The commissioner shall issue each agent and employee of a registered new text end 12.4 new text begin organization a registry identification card for a cost of $15 each within ten days of receipt new text end 12.5 new text begin of the person's identifying information and the fee. Each card shall specify that the new text end 12.6 new text begin cardholder is an employee or agent of a registered organization. new text end 12.7     new text begin Subd. 3. new text end new text begin Expiration. new text end new text begin A license for a registered organization and each employee or new text end 12.8 new text begin agent registry identification card expires one year after the date of issuance. new text end 12.9     new text begin Subd. 4. new text end new text begin Inspection. new text end new text begin Registered organizations are subject to reasonable inspection new text end 12.10 new text begin by the commissioner. new text end 12.11     new text begin Subd. 5. new text end new text begin Organization requirements. new text end new text begin (a) Registered organizations must be new text end 12.12 new text begin established as nonprofit entities. Registered organizations are subject to all applicable new text end 12.13 new text begin state laws governing nonprofit entities, but need not qualify for federal tax exemption new text end 12.14 new text begin under the Internal Revenue Code. new text end 12.15     new text begin (b) Registered organizations may not be located within 500 feet of the property line new text end 12.16 new text begin of a public school, private school, or structure used primarily for religious services or new text end 12.17 new text begin worship. new text end 12.18     new text begin (c) The operating documents of a registered organization shall include procedures new text end 12.19 new text begin for the oversight of the registered organization and procedures to ensure adequate record new text end 12.20 new text begin keeping. new text end 12.21     new text begin (d) A registered organization shall notify the commissioner within ten days of when new text end 12.22 new text begin an employee or agent ceases to work at the registered organization. new text end 12.23     new text begin (e) The registered organization shall notify the commissioner before a new agent or new text end 12.24 new text begin employee begins working at the registered organization, in writing, and the organization new text end 12.25 new text begin shall submit a $10 fee for the person's registry identification card. new text end 12.26     new text begin (f) No registered organization shall be subject to prosecution, search, seizure, or new text end 12.27 new text begin penalty in any manner or denied any right or privilege, including, but not limited to, civil new text end 12.28 new text begin penalty or disciplinary action by a business or occupational or professional licensing board new text end 12.29 new text begin or entity, for acting according to sections new text end new text begin to new text end new text begin to assist registered qualifying new text end 12.30 new text begin patients to whom it is connected through the commissioner's registration process with the new text end 12.31 new text begin medical use of marijuana, provided that the registered organization possesses an amount new text end 12.32 new text begin of marijuana that does not exceed the allowable amount. new text end 12.33     new text begin (g) No employees, agents, or board members of a registered organization shall new text end 12.34 new text begin be subject to arrest, prosecution, search, seizure, or penalty in any manner or denied new text end 12.35 new text begin any right or privilege, including, but not limited to, civil penalty or disciplinary action new text end 13.1 new text begin by a business, occupational, or professional licensing board or entity, for working for a new text end 13.2 new text begin registered organization according to sections new text end new text begin to new text end new text begin . new text end 13.3     new text begin (h) The registered organization is prohibited from acquiring, possessing, cultivating, new text end 13.4 new text begin manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana new text end 13.5 new text begin for any purpose except to assist registered qualifying patients with the medical use of new text end 13.6 new text begin marijuana directly or through the qualifying patients' other primary caregiver. new text end 13.7     new text begin (i) The registered organization shall implement appropriate security measures to new text end 13.8 new text begin deter and prevent the unauthorized entrance into areas containing marijuana or marijuana new text end 13.9 new text begin plants and the theft of marijuana or marijuana plants. By December 1 of each year, new text end 13.10 new text begin the organization shall submit a summary of the security measures implemented to the new text end 13.11 new text begin commissioner. The commissioner shall review these measures and, if deemed advisable, new text end 13.12 new text begin require reasonable upgrades to security to better protect the marijuana or marijuana plants. new text end 13.13     new text begin (j) Registered organizations may cultivate marijuana only indoors. new text end 13.14     new text begin Subd. 6. new text end new text begin Delivery; charging for services. new text end new text begin (a) A registered organization may deliver new text end 13.15 new text begin up to 2.5 ounces of usable marijuana to a qualifying patient within the state to be used in new text end 13.16 new text begin accordance with sections 152.22 to 152.31. new text end 13.17     new text begin (b) A registered organization may charge a qualifying patient or a primary caregiver new text end 13.18 new text begin for authorized services rendered under sections 152.22 to 152.31. Payment under this new text end 13.19 new text begin paragraph does not constitute sale of controlled substances. new text end 13.20     new text begin Subd. 7. new text end new text begin Background checks; felony drug convictions. new text end new text begin (a) As used in this new text end 13.21 new text begin subdivision, "felony drug offense" means a violation of a state or federal controlled new text end 13.22 new text begin substance law that is classified as a felony under Minnesota law or would be classified new text end 13.23 new text begin as a felony under Minnesota law if committed in Minnesota, regardless of the sentence new text end 13.24 new text begin imposed. new text end 13.25     new text begin (b) The department shall request a criminal history background check from the new text end 13.26 new text begin superintendent of the Bureau of Criminal Apprehension on all employees, agents, and new text end 13.27 new text begin board members of a registered organization. An application for registry identification new text end 13.28 new text begin cards for employees, agents, and board members must be accompanied by an executed new text end 13.29 new text begin criminal history consent form, including fingerprints. new text end 13.30     new text begin (c) The superintendent of the Bureau of Criminal Apprehension shall perform new text end 13.31 new text begin the background check required under paragraph (b) by retrieving criminal history data new text end 13.32 new text begin maintained in the Criminal Justice Information System computers and shall also conduct new text end 13.33 new text begin a search of the national criminal records repository, including the criminal justice data new text end 13.34 new text begin communications network. The superintendent is authorized to exchange fingerprints with new text end 13.35 new text begin the Federal Bureau of Investigation for purposes of the criminal history check. new text end 14.1     new text begin (d) The Bureau of Criminal Apprehension and its agents may not directly or new text end 14.2 new text begin indirectly disclose to the Federal Bureau of Investigation or any other person that the new text end 14.3 new text begin purpose of the background check is related to the medical use of marijuana or registered new text end 14.4 new text begin organizations. new text end 14.5     new text begin (e) The department shall refuse to issue a registry card to any agent, employee, or new text end 14.6 new text begin board member of a registered organization who has been convicted of a drug felony. The new text end 14.7 new text begin department, without disclosing the actual results of the national records check, shall notify new text end 14.8 new text begin the registered organization in writing of the purpose for denying the registry identification new text end 14.9 new text begin card. However, the department may grant the person a registry identification card if the new text end 14.10 new text begin person's conviction was for the medical use of marijuana or assisting with the medical use new text end 14.11 new text begin of marijuana. new text end 14.12     new text begin (f) If a registered organization has employed an agent, board member, or employee new text end 14.13 new text begin and is notified that the person failed the background check, it shall terminate the person's new text end 14.14 new text begin status as an agent, board member, or employee within 24 hours of receiving written new text end 14.15 new text begin notification. The result of the criminal background check is private information, and the new text end 14.16 new text begin registered organization may not disclose it, except to defend itself of any charges related new text end 14.17 new text begin to employment law. new text end 14.18     new text begin (g) No person who has been convicted of a drug felony offense may be the agent, new text end 14.19 new text begin board member, or employee of a registered organization. Notwithstanding this provision, new text end 14.20 new text begin a person may apply to the department for a waiver if the person's conviction was for the new text end 14.21 new text begin medical use of marijuana or assisting with the medical use of marijuana. A person who is new text end 14.22 new text begin employed by, an agent of, or a board member of a registered organization in violation of new text end 14.23 new text begin this section is guilty of a civil violation punishable by a fine of up to $1,000. A subsequent new text end 14.24 new text begin violation of this section is a gross misdemeanor. new text end 14.25     new text begin (h) No registered organization may knowingly and willfully allow a person who has new text end 14.26 new text begin been convicted of a drug felony to be its agent, board member, or employee unless the new text end 14.27 new text begin department has granted the person a registry identification card because the person's new text end 14.28 new text begin conviction was for the medical use of marijuana. A violation is punishable by a fine of new text end 14.29 new text begin up to $2,000. new text end 14.30     new text begin Subd. 8. new text end new text begin Penalty. new text end new text begin (a) The registered organization may not possess an amount of new text end 14.31 new text begin marijuana that exceeds the allowable amount of marijuana. The registered organization new text end 14.32 new text begin may not dispense, deliver, or otherwise transfer marijuana to a person other than a new text end 14.33 new text begin qualifying patient or the patient's primary caregiver. An intentional violation of this new text end 14.34 new text begin subdivision is a felony punishable by imprisonment for not more than two years or by new text end 14.35 new text begin payment of a fine of not more than $3,000, or both. This penalty is in addition to any new text end 14.36 new text begin other penalties applicable in law. new text end 15.1     new text begin (b) A person convicted of violating paragraph (a) may not continue to be affiliated new text end 15.2 new text begin with the registered organization and is disqualified from further participation under new text end 15.3 new text begin sections 152.22 to 152.31. new text end 15.4    Sec. 10. new text begin [152.32] SUNSET. new text end 15.5 new text begin Sections 152.22 to 152.32 and 13.3806, subdivision 21, expire October 1, 2011. new text end 15.6    Sec. 11. new text begin IMPLEMENTATION. new text end 15.7 new text begin The commissioner of health must begin issuing registry identification cards and new text end 15.8 new text begin registered organization licenses under Minnesota Statutes, sections 152.22 to 152.32, new text end 15.9 new text begin by October 1, 2009. new text end 15.10    Sec. 12. new text begin FEES. new text end 15.11 new text begin Fees raised in Minnesota Statutes, sections 152.22 to 152.31, are appropriated and new text end 15.12 new text begin deposited in the state government special revenue fund. new text end 15.13    Sec. 13. new text begin APPROPRIATIONS. new text end 15.14     new text begin $436,000 for fiscal year 2010 and $517,000 for fiscal year 2011 are appropriated new text end 15.15 new text begin from the state government special revenue fund to the commissioner of health to new text end 15.16 new text begin implement Minnesota Statutes, sections 152.22 to 152.31. new text end 15.17    Sec. 14. new text begin EFFECTIVE DATE. new text end 15.18     new text begin Sections 1 to 9 are effective August 1, 2009. new text end