1.1 	A bill for an act
1.2 	relating to cannabis; establishing the Office of Cannabis Management; establishing 
1.3 	advisory councils; requiring reports relating to cannabis use and sales; legalizing 
1.4 	and limiting the possession and use of cannabis by adults; providing for the 
1.5 	licensing, inspection, and regulation of cannabis businesses; requiring testing of 
1.6 	cannabis flower and cannabinoid products; requiring labeling of cannabis flower 
1.7 	and cannabinoid products; limiting the advertisement of cannabis flower, 
1.8 	cannabinoid products, and cannabis businesses; providing for the cultivation of 
1.9 	cannabis in private residences; transferring regulatory authority for the medical 
1.10 	cannabis program; taxing the sale of adult-use cannabis; establishing grant and 
1.11 	loan programs; amending criminal penalties; establishing expungement procedures 
1.12 	for certain individuals; establishing labor standards for the use of cannabis by 
1.13 	employees and testing of employees; providing for the temporary regulation of 
1.14 	certain edible cannabinoid products; providing for professional licensing 
1.15 	protections; amending the scheduling of marijuana and tetrahydrocannabinols; 
1.16 	classifying data; making miscellaneous cannabis-related changes and additions; 
1.17 	making clarifying and technical changes; appropriating money;amending 
1.18 	Minnesota Statutes 2022, sections 13.411, by adding a subdivision; 13.871, by 
1.19 	adding a subdivision; 34A.01, subdivision 4; 144.99, subdivision 1; 151.72; 152.01, 
1.20 	by adding subdivisions; 152.02, subdivisions 2, 4; 152.021, subdivision 2; 152.022, 
1.21 	subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, 
1.22 	subdivisions 1, 2; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by 
1.23 	adding a subdivision; 181.951, by adding subdivisions; 181.952, by adding a 
1.24 	subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1; 244.05, 
1.25 	subdivision 2; 245C.08, subdivision 1; 256.01, subdivision 18c; 256B.0625, 
1.26 	subdivision 13d; 256D.024, subdivisions 1, 3; 256J.26, subdivisions 1, 3; 273.13, 
1.27 	subdivision 24; 275.025, subdivision 2; 290.0132, subdivision 29; 290.0134, 
1.28 	subdivision 19; 297A.61, subdivision 3; 297A.67, subdivisions 2, 7; 297A.70, 
1.29 	subdivisions 2, 18; 297A.99, by adding a subdivision; 297D.01; 297D.04; 297D.06; 
1.30 	297D.07; 297D.08; 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 
1.31 	340A.412, subdivision 14; 609.135, subdivision 1; 609.5311, subdivision 1; 
1.32 	609.5314, subdivision 1; 609.5316, subdivision 2; 609A.01; 609A.03, subdivisions 
1.33 	5, 9; 609B.425, subdivision 2; 609B.435, subdivision 2; 624.712, by adding 
1.34 	subdivisions; 624.713, subdivision 1; 624.714, subdivision 6; 624.7142, subdivision 
1.35 	1; 624.7151; proposing coding for new law in Minnesota Statutes, chapters 3; 
1.36 	116J; 116L; 120B; 144; 152; 289A; 295; 340A; 609A; 624; proposing coding for 
1.37 	new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2022, 
1.38 	sections 151.72; 152.027, subdivisions 3, 4; 152.21; 152.22, subdivisions 1, 2, 3, 
2.1 	4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 
2.2 	1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, 
2.3 	subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, 
2.4 	subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, 
2.5 	subdivisions 1, 1a, 2, 3, 4, 5; 152.37; Minnesota Rules, parts 4770.0100; 4770.0200; 
2.6 	4770.0300; 4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; 
2.7 	4770.1100; 4770.1200; 4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; 
2.8 	4770.1700; 4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; 
2.9 	4770.2400; 4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; 
2.10 	4770.4005; 4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; 
2.11 	4770.4014; 4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030.
2.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.13 	ARTICLE 1
2.14 	REGULATION OF ADULT-USE CANNABIS

2.15 	Section 1. [342.01] DEFINITIONS.
2.16 		Subdivision 1.Terms. For the purposes of this chapter, the following terms have the 
2.17 	meanings given them.
2.18 		Subd. 2.Adult-use cannabinoid product. "Adult-use cannabinoid product" means a 
2.19 	cannabinoid product that is approved for sale by the office or is substantially similar to a 
2.20 	product approved by the office. Adult-use cannabinoid product includes edible cannabinoid 
2.21 	products but does not include medical cannabinoid products.
2.22 		Subd. 3.Adult-use cannabis concentrate. "Adult-use cannabis concentrate" means 
2.23 	cannabis concentrate that is approved for sale by the office or is substantially similar to a 
2.24 	product approved by the office. Adult-use cannabis concentrate does not include artificially 
2.25 	derived cannabinoids.
2.26 		Subd. 4.Adult-use cannabis flower. "Adult-use cannabis flower" means cannabis 
2.27 	flower that is approved for sale by the office or is substantially similar to a product approved 
2.28 	by the office. Adult-use cannabis flower does not include medical cannabis flower, hemp 
2.29 	plant parts, or hemp-derived consumer products.
2.30 		Subd. 5.Advertisement. "Advertisement" means any written or oral statement, 
2.31 	illustration, or depiction that is intended to promote sales of cannabis flower, cannabinoid 
2.32 	products, lower potency edible products, hemp-derived consumer products, or sales at a 
2.33 	specific cannabis business and includes any newspaper, radio, internet and electronic media, 
2.34 	or television promotion; the distribution of fliers and circulars; and the display of window 
2.35 	and interior signs in a cannabis business. Advertisement does not include a fixed outdoor 
2.36 	sign that meets the requirements in section 342.66, subdivision 2, paragraph (b).
3.1 		Subd. 6.Artificially derived cannabinoid. "Artificially derived cannabinoid" means a 
3.2 	cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp plant 
3.3 	parts with a chemical makeup that is changed after extraction to create a different cannabinoid 
3.4 	or other chemical compound by applying a catalyst other than heat or light. Artificially 
3.5 	derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from 
3.6 	cannabidiol but does not include cannabis concentrate, cannabinoid products, or hemp-derived 
3.7 	consumer products.
3.8 		Subd. 7.Batch. "Batch" means:
3.9 	(1) a specific quantity of cannabis plants that are cultivated from the same seed or plant 
3.10 	stock, are cultivated together, are intended to be harvested together, and receive an identical 
3.11 	propagation and cultivation treatment; or
3.12 	(2) a specific quantity of a specific cannabinoid product, lower potency edible product, 
3.13 	artificially derived cannabinoid, or hemp-derived consumer product that is manufactured 
3.14 	at the same time and using the same methods, equipment, and ingredients that is uniform 
3.15 	and intended to meet specifications for identity, strength, purity, and composition, and that 
3.16 	is manufactured, packaged, and labeled according to a single batch production record 
3.17 	executed and documented during the same cycle of manufacture and produced by a 
3.18 	continuous process.
3.19 		Subd. 8.Batch number. "Batch number" means a unique numeric or alphanumeric 
3.20 	identifier assigned to a batch of cannabis flower or a batch of cannabinoid product, lower 
3.21 	potency edible product, artificially derived cannabinoid, or hemp-derived consumer product.
3.22 		Subd. 9.Bona fide labor organization. "Bona fide labor organization" means a labor 
3.23 	union that represents or is actively seeking to represent cannabis workers.
3.24 		Subd. 10.Cannabinoid. "Cannabinoid" means any of the chemical constituents of hemp 
3.25 	plants or cannabis plants that are naturally occurring, biologically active, and act on the 
3.26 	cannabinoid receptors of the brain. Cannabinoid includes but is not limited to 
3.27 	tetrahydrocannabinol and cannabidiol.
3.28 		Subd. 11.Cannabinoid extraction. "Cannabinoid extraction" means the process of 
3.29 	extracting cannabis concentrate from cannabis plants or cannabis flower using water, lipids, 
3.30 	gases, solvents, or other chemicals or chemical processes, but does not include the process 
3.31 	of extracting concentrate from hemp plants or hemp plant parts or the process of creating 
3.32 	artificially derived cannabinoids.
3.33 		Subd. 12.Cannabinoid product. (a) "Cannabinoid product" means any of the following:
4.1 	(1) cannabis concentrate;
4.2 	(2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, 
4.3 	extracted or derived from cannabis plants or cannabis flower;
4.4 	(3) any other product that contains cannabis concentrate; or
4.5 	(4) a product infused with artificially derived cannabinoids.
4.6 	(b) Cannabinoid product includes adult-use cannabinoid products, including but not 
4.7 	limited to edible cannabinoid products, and medical cannabinoid products. Cannabinoid 
4.8 	product does not include cannabis flower, artificially derived cannabinoids, or hemp-derived 
4.9 	consumer products.
4.10 		Subd. 13.Cannabinoid profile. "Cannabinoid profile" means the amounts of each 
4.11 	cannabinoid that the office requires to be identified in testing and labeling, including but 
4.12 	not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, 
4.13 	cannabidiolic acid, and cannabigerol in cannabis flower, a cannabinoid product, a batch of 
4.14 	artificially derived cannabinoid, or a hemp-derived consumer product, expressed as 
4.15 	percentages measured by weight and, in the case of cannabinoid products and hemp-derived 
4.16 	consumer products, expressed as milligrams in each serving and package.
4.17 		Subd. 14.Cannabis business. "Cannabis business" means any of the following licensed 
4.18 	under this chapter:
4.19 	(1) cannabis cultivator;
4.20 	(2) cannabis manufacturer;
4.21 	(3) cannabis retailer;
4.22 	(4) cannabis wholesaler;
4.23 	(5) cannabis transporter;
4.24 	(6) cannabis testing facility;
4.25 	(7) cannabis microbusiness;
4.26 	(8) cannabis event organizer;
4.27 	(9) cannabis delivery service;
4.28 	(10) lower potency edible retailer;
4.29 	(11) medical cannabis cultivator;
4.30 	(12) medical cannabis processor; and
5.1 	(13) medical cannabis retailer.
5.2 		Subd. 15.Cannabis concentrate. (a) "Cannabis concentrate" means:
5.3 	(1) the extracts and resins of a cannabis plant or cannabis flower;
5.4 	(2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase 
5.5 	the presence of targeted cannabinoids; or
5.6 	(3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis 
5.7 	flower and is intended to be consumed by combustion or vaporization of the product and 
5.8 	inhalation of smoke, aerosol, or vapor from the product.
5.9 	(b) Cannabis concentrate does not include industrial hemp, artificially derived 
5.10 	cannabinoids, or hemp-derived consumer products.
5.11 		Subd. 16.Cannabis flower. "Cannabis flower" means the harvested flower, bud, leaves, 
5.12 	and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and 
5.13 	medical cannabis flower. Cannabis flower does not include cannabis seed, industrial hemp, 
5.14 	or hemp-derived consumer products.
5.15 		Subd. 17.Cannabis industry. "Cannabis industry" means every item, product, person, 
5.16 	process, action, business, or other thing subject to regulation under this chapter.
5.17 		Subd. 18.Cannabis paraphernalia. "Cannabis paraphernalia" means all equipment, 
5.18 	products, and materials of any kind that are knowingly or intentionally used primarily in:
5.19 	(1) cultivating or harvesting cannabis plants or cannabis flower;
5.20 	(2) manufacturing cannabinoid products;
5.21 	(3) ingesting, inhaling, or otherwise introducing cannabis flower or cannabinoid products 
5.22 	into the human body; and
5.23 	(4) testing the strength, effectiveness, or purity of cannabis flower, cannabinoid products, 
5.24 	or hemp-derived consumer products.
5.25 		Subd. 19.Cannabis plant. "Cannabis plant" means all parts of the plant of the genus 
5.26 	Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol 
5.27 	concentration of more than 0.3 percent on a dry weight basis.
5.28 		Subd. 20.Cannabis prohibition. "Cannabis prohibition" means the system of state and 
5.29 	federal laws that prevented establishment of a legal market and instead established petty 
5.30 	offenses and criminal offenses punishable by fines, imprisonment, or both for the cultivation, 
5.31 	possession, and sale of all parts of the plant of any species of the genus Cannabis, including 
6.1 	all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted 
6.2 	from any part of such plant; and every compound, manufacture, salt, derivative, mixture, 
6.3 	or preparation of such plant, its seeds, or resin.
6.4 		Subd. 21.Cannabis seed. "Cannabis seed" means the viable seed of the plant of the 
6.5 	genus Cannabis that is reasonably expected to grow into a cannabis plant. Cannabis seed 
6.6 	does not include hemp seed.
6.7 		Subd. 22.Cannabis worker. "Cannabis worker" means any individual employed by a 
6.8 	cannabis business and any individual who is a contractor of a cannabis business whose 
6.9 	scope of work involves the handling of cannabis plants, cannabis flower, artificially derived 
6.10 	cannabinoids, or cannabinoid products.
6.11 		Subd. 23.Child-resistant. "Child-resistant" means packaging that meets the poison 
6.12 	prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15.
6.13 		Subd. 24.Cooperative. "Cooperative" means an association conducting business on a 
6.14 	cooperative plan that is organized or is subject to chapter 308A or 308B.
6.15 		Subd. 25.Council. "Council" means the Cannabis Advisory Council.
6.16 		Subd. 26.Cultivation. "Cultivation" means any activity involving the planting, growing, 
6.17 	harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp 
6.18 	plants, or hemp plant parts.
6.19 		Subd. 27.Division of Medical Cannabis. "Division of Medical Cannabis" means a 
6.20 	division housed in the Office of Cannabis Management that operates the medical cannabis 
6.21 	program.
6.22 		Subd. 28.Division of Social Equity "Division of Social Equity" means a division housed 
6.23 	in the Office of Cannabis Management that promotes development, stability, and safety in 
6.24 	communities that have experienced a disproportionate, negative impact from cannabis 
6.25 	prohibition.
6.26 		Subd. 29.Edible cannabinoid product. "Edible cannabinoid product" means any 
6.27 	product that is intended to be eaten or consumed as a beverage by humans; contains a 
6.28 	cannabinoid, including an artificially derived cannabinoid, in combination with food 
6.29 	ingredients; is not a drug; and is a type of product approved for sale by the office, or is 
6.30 	substantially similar to a product approved by the office including but not limited to products 
6.31 	that resemble nonalcoholic beverages, candy, and baked goods. Edible cannabinoid product 
6.32 	includes lower potency edible products.
7.1 		Subd. 30.Health care practitioner. "Health care practitioner" means a 
7.2 	Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting 
7.3 	within the scope of authorized practice, or a Minnesota-licensed advanced practice registered 
7.4 	nurse who has the primary responsibility for the care and treatment of the qualifying medical 
7.5 	condition of an individual diagnosed with a qualifying medical condition.
7.6 		Subd. 31.Health record. "Health record" has the meaning given in section 144.291, 
7.7 	subdivision 2.
7.8 		Subd. 32.Hemp concentrate. (a) "Hemp concentrate" means:
7.9 	(1) the extracts and resins of a hemp plant or hemp plant parts;
7.10 	(2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase 
7.11 	the presence of targeted cannabinoids; or
7.12 	(3) a product that is produced by refining extracts or resins of a hemp plant or hemp 
7.13 	plant parts and is intended to be consumed by combustion or vaporization of the product 
7.14 	and inhalation of smoke, aerosol, or vapor from the product.
7.15 	(b) Hemp concentrate does not include artificially derived cannabinoids or hemp-derived 
7.16 	consumer products.
7.17 		Subd. 33.Hemp-derived consumer product. (a) "Hemp-derived consumer product" 
7.18 	means a product intended for human or animal consumption that:
7.19 	(1) consists of hemp plant parts;
7.20 	(2) is hemp concentrate; or
7.21 	(3) contains hemp concentrate.
7.22 	(b) Hemp-derived consumer product includes hemp-derived topical products, but does 
7.23 	not include edible cannabinoid products, artificially derived cannabinoids, hemp fiber 
7.24 	products, or hemp grain.
7.25 		Subd. 34.Hemp-derived topical product. "Hemp-derived topical product" means a 
7.26 	product intended for human or animal consumption that contains hemp concentrate and is 
7.27 	intended for application externally to a part of the body of a human or animal.
7.28 		Subd. 35.Hemp fiber product. "Hemp fiber product" means an intermediate or finished 
7.29 	product made from the fiber of hemp plant parts that is not intended for human or animal 
7.30 	consumption. Hemp fiber product includes but is not limited to cordage, paper, fuel, textiles, 
7.31 	bedding, insulation, construction materials, compost materials, and industrial materials.
8.1 		Subd. 36.Hemp grain. "Hemp grain" means the harvested seeds of the hemp plant 
8.2 	intended for consumption as a food or part of a food product. Hemp grain includes oils 
8.3 	pressed or extracted from harvested hemp seeds.
8.4 		Subd. 37.Hemp plant. "Hemp plant" means all parts of the plant of the genus Cannabis 
8.5 	that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol 
8.6 	concentration of no more than 0.3 percent on a dry weight basis.
8.7 		Subd. 38.Hemp plant parts. "Hemp plant parts" means any part of the harvested hemp 
8.8 	plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives, 
8.9 	extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from 
8.10 	the plant. Hemp plant parts does not include hemp fiber products, hemp grain, or hemp 
8.11 	seed.
8.12 		Subd. 39.Hemp seed. "Hemp seed" means the viable seed of the plant of the genus 
8.13 	Cannabis that is intended to be planted and is reasonably expected to grow into a hemp 
8.14 	plant. Hemp seed does not include cannabis seed or hemp grain.
8.15 		Subd. 40.Industrial hemp. "Industrial hemp" has the meaning given in section 18K.02, 
8.16 	subdivision 3.
8.17 		Subd. 41.Intoxicating cannabinoid. "Intoxicating cannabinoid" means a cannabinoid, 
8.18 	including an artificially derived cannabinoid, that when introduced into the human body 
8.19 	impairs the central nervous system or impairs the human audio, visual, or mental processes. 
8.20 	Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol.
8.21 		Subd. 42.Labor peace agreement. "Labor peace agreement" means an agreement 
8.22 	between a cannabis business and a bona fide labor organization that protects the state's 
8.23 	interests by, at minimum, prohibiting the labor organization from engaging in picketing, 
8.24 	work stoppages, or boycotts against the cannabis business. This type of agreement shall not 
8.25 	mandate a particular method of election or certification of the bona fide labor organization.
8.26 		Subd. 43.License holder. "License holder" means a person, cooperative, or business 
8.27 	that holds any of the following licenses:
8.28 	(1) cannabis cultivator;
8.29 	(2) cannabis manufacturer;
8.30 	(3) cannabis retailer;
8.31 	(4) cannabis wholesaler;
8.32 	(5) cannabis transporter;
9.1 	(6) cannabis testing facility;
9.2 	(7) cannabis microbusiness;
9.3 	(8) cannabis event organizer;
9.4 	(9) cannabis delivery service;
9.5 	(10) lower potency edible retailer;
9.6 	(11) medical cannabis cultivator;
9.7 	(12) medical cannabis processor; or
9.8 	(13) medical cannabis retailer.
9.9 		Subd. 44.Local unit of government. "Local unit of government" means a home rule 
9.10 	charter or statutory city, county, town, or other political subdivision.
9.11 		Subd. 45.Lower potency edible product. "Lower potency edible product" means any 
9.12 	product that:
9.13 	(1) is intended to be eaten or consumed as a beverage by humans;
9.14 	(2) contains a cannabinoid, including an artificially derived cannabinoid, in combination 
9.15 	with food ingredients;
9.16 	(3) is not a drug;
9.17 	(4) is packaged in servings that contain no more than five milligrams of delta-9 
9.18 	tetrahydrocannabinol per serving, 25 milligrams of cannabidiol per serving, 25 milligrams 
9.19 	of cannabigerol per serving, or any combination of those cannabinoids that does not exceed 
9.20 	the identified amounts;
9.21 	(5) does not contain more than a combined total of 0.5 milligrams of all other 
9.22 	cannabinoids;
9.23 	(6) does not contain an artificially derived cannabinoid other than delta-9 
9.24 	tetrahydrocannabinol; and
9.25 	(7) is a type of product approved for sale by the office or is substantially similar to a 
9.26 	product approved by the office, including but not limited to products that resemble 
9.27 	nonalcoholic beverages, candy, and baked goods.
9.28 		Subd. 46.Matrix barcode. "Matrix barcode" means a code that stores data in a 
9.29 	two-dimensional array of geometrically shaped dark and light cells capable of being read 
9.30 	by the camera on a smartphone or other mobile device.
10.1 		Subd. 47.Medical cannabinoid product. (a) "Medical cannabinoid product" means a 
10.2 	cannabinoid product provided to a patient enrolled in the registry program; a registered 
10.3 	designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a 
10.4 	cannabis retailer or medical cannabis retailer to treat or alleviate the symptoms of a qualifying 
10.5 	medical condition. A medical cannabinoid product must be in the form of:
10.6 	(1) liquid, including but not limited to oil;
10.7 	(2) pill;
10.8 	(3) liquid or oil for use with a vaporized delivery method;
10.9 	(4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;
10.10 	(5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and 
10.11 	sublingual tablets;
10.12 	(6) edible products in the form of gummies and chews;
10.13 	(7) topical formulation; or
10.14 	(8) any allowable form or delivery method approved by the office.
10.15 	(b) Medical cannabinoid product does not include adult-use cannabinoid products.
10.16 		Subd. 48.Medical cannabis business. "Medical cannabis business" means an entity 
10.17 	licensed under this chapter to engage in one or more of the following:
10.18 	(1) the cultivation of cannabis plants for medical cannabis flower;
10.19 	(2) the manufacture of medical cannabinoid products; and
10.20 	(3) the retail sale of medical cannabis flower and medical cannabinoid products.
10.21 		Subd. 49.Medical cannabis flower. "Medical cannabis flower" means cannabis flower 
10.22 	provided to a patient enrolled in the registry program; a registered designated caregiver; or 
10.23 	a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical 
10.24 	cannabis business to treat or alleviate the symptoms of a qualifying medical condition. 
10.25 	Medical cannabis flower does not include adult-use cannabis flower or hemp-derived 
10.26 	consumer products.
10.27 		Subd. 50.Medical cannabis paraphernalia. "Medical cannabis paraphernalia" means 
10.28 	a delivery device, related supply, or educational material used by a patient enrolled in the 
10.29 	registry program to administer medical cannabis and medical cannabinoid products.
10.30 		Subd. 51.Nonintoxicating cannabinoid. "Nonintoxicating cannabinoid" means a 
10.31 	cannabinoid that when introduced into the human body does not impair the central nervous 
11.1 	system and does not impair the human audio, visual, or mental processes. Nonintoxicating 
11.2 	cannabinoid includes but is not limited to cannabidiol and cannabigerol but does not include 
11.3 	any artificially derived cannabinoid.
11.4 		Subd. 52.Office. "Office" means the Office of Cannabis Management.
11.5 		Subd. 53.Outdoor advertisement. "Outdoor advertisement" means an advertisement 
11.6 	that is located outdoors or can be seen or heard by an individual who is outdoors and includes 
11.7 	billboards; advertisements on benches; advertisements at transit stations or transit shelters; 
11.8 	advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles; 
11.9 	and print signs that do not meet the requirements in section 342.66, subdivision 2, paragraph 
11.10 	(b), but that are placed or located on the exterior property of a cannabis business.
11.11 		Subd. 54.Patient. "Patient" means a Minnesota resident who has been diagnosed with 
11.12 	a qualifying medical condition by a health care practitioner and who has met all other 
11.13 	requirements for patients under this chapter to participate in the registry program.
11.14 		Subd. 55.Patient registry number. "Patient registry number" means a unique 
11.15 	identification number assigned by the Division of Medical Cannabis to a patient enrolled 
11.16 	in the registry program.
11.17 		Subd. 56.Qualifying medical condition. "Qualifying medical condition" means a 
11.18 	diagnosis of any of the following conditions:
11.19 	(1) Alzheimer's disease;
11.20 	(2) autism spectrum disorder that meets the requirements of the fifth edition of the 
11.21 	Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric 
11.22 	Association;
11.23 	(3) cancer, if the underlying condition or treatment produces one or more of the following:
11.24 	(i) severe or chronic pain;
11.25 	(ii) nausea or severe vomiting; or
11.26 	(iii) cachexia or severe wasting;
11.27 	(4) chronic motor or vocal tic disorder;
11.28 	(5) chronic pain;
11.29 	(6) glaucoma;
11.30 	(7) human immunodeficiency virus or acquired immune deficiency syndrome;
11.31 	(8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c);
12.1 	(9) obstructive sleep apnea;
12.2 	(10) post-traumatic stress disorder;
12.3 	(11) Tourette's syndrome;
12.4 	(12) amyotrophic lateral sclerosis;
12.5 	(13) seizures, including those characteristic of epilepsy;
12.6 	(14) severe and persistent muscle spasms, including those characteristic of multiple 
12.7 	sclerosis;
12.8 	(15) inflammatory bowel disease, including Crohn's disease;
12.9 	(16) irritable bowel syndrome;
12.10 	(17) obsessive-compulsive disorder;
12.11 	(18) sickle cell disease;
12.12 	(19) terminal illness, with a probable life expectancy of under one year, if the illness or 
12.13 	its treatment produces one or more of the following:
12.14 	(i) severe or chronic pain;
12.15 	(ii) nausea or severe vomiting; or
12.16 	(iii) cachexia or severe wasting; or
12.17 	(20) any other medical condition or its treatment approved by the office.
12.18 		Subd. 57.Registered designated caregiver. "Registered designated caregiver" means 
12.19 	an individual who:
12.20 	(1) is at least 18 years old;
12.21 	(2) is not disqualified for a criminal offense according to section 342.20, subdivision 2;
12.22 	(3) has been approved by the Division of Medical Cannabis to assist a patient with 
12.23 	obtaining medical cannabis flower and medical cannabinoid products from a cannabis 
12.24 	retailer or medical cannabis retailer and with administering medical cannabis flower and 
12.25 	medical cannabinoid products; and
12.26 	(4) is authorized by the Division of Medical Cannabis to assist a patient with the use of 
12.27 	medical cannabis flower and medical cannabinoid products.
12.28 		Subd. 58.Registry or registry program. "Registry" or "registry program" means the 
12.29 	patient registry established under this chapter listing patients authorized to obtain medical 
13.1 	cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia from 
13.2 	cannabis retailers and medical cannabis retailers and administer medical cannabis flower 
13.3 	and medical cannabinoid products.
13.4 		Subd. 59.Registry verification. "Registry verification" means the verification provided 
13.5 	by the Division of Medical Cannabis that a patient is enrolled in the registry program and 
13.6 	that includes the patient's name, patient registry number, and, if applicable, the name of the 
13.7 	patient's registered designated caregiver or parent, legal guardian, or spouse.
13.8 		Subd. 60.Restricted area. "Restricted area" means an area where cannabis flower or 
13.9 	cannabinoid products are cultivated, manufactured, or stored by a cannabis business.
13.10 		Subd. 61.Statewide monitoring system. "Statewide monitoring system" means the 
13.11 	system for integrated cannabis tracking, inventory, and verification established or adopted 
13.12 	by the office.
13.13 		Subd. 62.Synthetic cannabinoid. "Synthetic cannabinoid" means a substance with a 
13.14 	similar chemical structure and pharmacological activity to a cannabinoid but is not extracted 
13.15 	or derived from cannabis plants, cannabis flower, hemp plants, or hemp plant parts and is 
13.16 	instead created or produced by chemical or biochemical synthesis.
13.17 		Subd. 63.Veteran. "Veteran" means an individual who satisfies the requirements in 
13.18 	section 197.447.
13.19 		Subd. 64.Visiting designated caregiver. "Visiting designated caregiver" means an 
13.20 	individual who is authorized under a visiting patient's jurisdiction of residence to assist the 
13.21 	visiting patient with the use of medical cannabis flower and medical cannabinoid products. 
13.22 	To be considered a visiting designated caregiver, the individual must possess a valid 
13.23 	verification card or its equivalent that is issued by the visiting patient's jurisdiction of 
13.24 	residence and that verifies that the individual is authorized to assist the visiting patient with 
13.25 	the administration of medical cannabis flower and medical cannabinoid products under the 
13.26 	laws or regulations of the visiting patient's jurisdiction of residence.
13.27 		Subd. 65.Visiting patient. "Visiting patient" means an individual who is not a Minnesota 
13.28 	resident and who possesses a valid registration verification card or its equivalent that is 
13.29 	issued under the laws or regulations of another state, district, commonwealth, or territory 
13.30 	of the United States verifying that the individual is enrolled in or authorized to participate 
13.31 	in that jurisdiction's medical cannabis or medical marijuana program.
13.32 		Subd. 66.Volatile solvent. "Volatile solvent" means any solvent that is or produces a 
13.33 	flammable gas or vapor that, when present in the air in sufficient quantities, will create 
14.1 	explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane, 
14.2 	and propane.

14.3 	Sec. 2. [342.02] OFFICE OF CANNABIS MANAGEMENT.
14.4 		Subdivision 1.Establishment. The Office of Cannabis Management is created with the 
14.5 	powers and duties established by law. In making rules, establishing policy, and exercising 
14.6 	its regulatory authority over the cannabis industry, the office must:
14.7 	(1) promote the public health and welfare;
14.8 	(2) protect public safety;
14.9 	(3) eliminate the illicit market for cannabis flower and cannabinoid products;
14.10 	(4) meet the market demand for cannabis flower and cannabinoid products;
14.11 	(5) promote a craft industry for cannabis flower and cannabinoid products; and
14.12 	(6) prioritize growth and recovery in communities that have experienced a 
14.13 	disproportionate, negative impact from cannabis prohibition.
14.14 		Subd. 2.Powers and duties. The office has the following powers and duties:
14.15 	(1) to develop, maintain, and enforce an organized system of regulation for the cannabis 
14.16 	industry;
14.17 	(2) to establish programming, services, and notification to protect, maintain, and improve 
14.18 	the health of citizens;
14.19 	(3) to prevent unauthorized access to cannabis flower, cannabinoid products, and 
14.20 	hemp-derived consumer products by individuals under 21 years of age;
14.21 	(4) to establish and regularly update standards for product testing, packaging, and 
14.22 	labeling;
14.23 	(5) to promote economic growth with an emphasis on growth in areas that experienced 
14.24 	a disproportionate, negative impact from cannabis prohibition;
14.25 	(6) to issue and renew licenses;
14.26 	(7) to require fingerprints from individuals determined to be subject to fingerprinting, 
14.27 	including the submission of fingerprints to the Federal Bureau of Investigation where 
14.28 	required by law and to obtain criminal conviction data for individuals seeking a license 
14.29 	from the office on the individual's behalf or as a cooperative member or director, manager, 
14.30 	or general partner of a business entity;
15.1 	(8) to receive reports required by this chapter and inspect the premises, records, books, 
15.2 	and other documents of license holders to ensure compliance with all applicable laws and 
15.3 	rules;
15.4 	(9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations 
15.5 	pursuant to the office's authority;
15.6 	(10) to impose and collect civil and administrative penalties as provided in this chapter;
15.7 	(11) to publish such information as may be deemed necessary for the welfare of cannabis 
15.8 	businesses, cannabis workers, and the health and safety of citizens;
15.9 	(12) to make loans and grants in aid to the extent that appropriations are made available 
15.10 	for that purpose;
15.11 	(13) to authorize research and studies on cannabis flower, cannabinoid products, and 
15.12 	the cannabis industry;
15.13 	(14) to provide reports as required by law;
15.14 	(15) to establish limits on the potency of cannabis flower and cannabinoid products that 
15.15 	can be sold to customers by licensed cannabis retailers and licensed cannabis microbusinesses 
15.16 	with an endorsement to sell cannabis flower and cannabinoid products to customers; and
15.17 	(16) to exercise other powers and authority and perform other duties required by law.
15.18 		Subd. 3.Medical cannabis program. The powers and duties of the Department of 
15.19 	Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections 
15.20 	152.22 to 152.37, are transferred to the Office of Cannabis Management under section 
15.21 	15.039.
15.22 		Subd. 4.Interagency agreements. (a) The office and the commissioner of agriculture 
15.23 	shall enter into interagency agreements to ensure that edible cannabinoid products are 
15.24 	handled, manufactured, and inspected in a manner that is consistent with the relevant food 
15.25 	safety requirements in chapters 28A, 31, and 34A and associated rules.
15.26 	(b) The office may cooperate and enter into other agreements with the commissioner of 
15.27 	agriculture and may cooperate and enter into agreements with the commissioners and 
15.28 	directors of other state agencies and departments to promote the beneficial interests of the 
15.29 	state.
15.30 		Subd. 5.Rulemaking. The office may adopt rules to implement any provisions in this 
15.31 	chapter. Rules for which notice is published in the State Register before July 1, 2025, may 
15.32 	be adopted using the expedited rulemaking process in section 14.389.
16.1 		Subd. 6.Director. (a) The governor shall appoint a director of the office with the advice 
16.2 	and consent of the senate. The director must be in the unclassified service and must serve 
16.3 	at the pleasure of the governor.
16.4 	(b) The salary of the director must not exceed the salary limit established under section 
16.5 	15A.0815, subdivision 3.
16.6 	(c) While serving as the director and within two years after terminating service, the 
16.7 	director is prohibited from having a direct or an indirect financial interest in a cannabis 
16.8 	business licensed under this chapter.
16.9 		Subd. 7.Employees. (a) The office may employ other personnel in the classified service 
16.10 	necessary to carry out the duties in this chapter.
16.11 	(b) A prospective employee of the office must submit a completed criminal history 
16.12 	records check consent form, a full set of classifiable fingerprints, and the required fees to 
16.13 	the office. Upon receipt of this information, the office must submit the completed criminal 
16.14 	history records check consent form, full set of classifiable fingerprints, and required fees 
16.15 	to the Bureau of Criminal Apprehension. After receiving this information, the bureau must 
16.16 	conduct a Minnesota criminal history records check of the license applicant. The bureau 
16.17 	may exchange a license applicant's fingerprints with the Federal Bureau of Investigation to 
16.18 	obtain the applicant's national criminal history record information. The bureau must return 
16.19 	the results of the Minnesota and federal criminal history records checks to the director to 
16.20 	determine if the applicant is disqualified under section 342.20.
16.21 	(c) While employed by the office and within two years after terminating employment, 
16.22 	an employee may not have a direct or an indirect financial interest in a cannabis business 
16.23 	licensed under this chapter.
16.24 		Subd. 8.Division of Social Equity. The office must establish a Division of Social Equity. 
16.25 	At a minimum, the division must:
16.26 	(1) administer grants to communities that experienced a disproportionate, negative impact 
16.27 	from cannabis prohibition in order to promote economic development, provide services to 
16.28 	prevent violence, support early intervention programs for youth and families, and promote 
16.29 	community stability and safety;
16.30 	(2) act as an ombudsperson for the office to provide information, investigate complaints 
16.31 	under this chapter, and provide or facilitate dispute resolutions; and
16.32 	(3) report to the office on the status of complaints and social equity in the cannabis 
16.33 	industry.

17.1 	EFFECTIVE DATE. This section is effective July 1, 2023, except for subdivision 3, 
17.2 	which is effective January 1, 2024.

17.3 	Sec. 3. [342.03] CANNABIS ADVISORY COUNCIL.
17.4 		Subdivision 1.Membership. (a) The Cannabis Advisory Council is created consisting 
17.5 	of the following members:
17.6 	(1) the director of the Office of Cannabis Management or a designee;
17.7 	(2) the commissioner of employment and economic development or a designee;
17.8 	(3) the commissioner of revenue or a designee;
17.9 	(4) the commissioner of health or a designee;
17.10 	(5) the commissioner of public safety or a designee;
17.11 	(6) the commissioner of human rights or a designee;
17.12 	(7) the commissioner of labor or a designee;
17.13 	(8) the commissioner of agriculture or a designee;
17.14 	(9) the commissioner of the Pollution Control Agency or a designee;
17.15 	(10) the superintendent of the Bureau of Criminal Apprehension or a designee;
17.16 	(11) a representative from the League of Minnesota Cities appointed by the league;
17.17 	(12) a representative from the Association of Minnesota Counties appointed by the 
17.18 	association;
17.19 	(13) an expert in minority business development appointed by the governor;
17.20 	(14) an expert in economic development strategies for under-resourced communities 
17.21 	appointed by the governor;
17.22 	(15) an expert in farming or representing the interests of farmers appointed by the 
17.23 	governor;
17.24 	(16) an expert representing the interests of cannabis workers appointed by the governor;
17.25 	(17) an expert representing the interests of employers appointed by the governor;
17.26 	(18) an expert in municipal law enforcement with advanced training in impairment 
17.27 	detection and evaluation appointed by the governor;
17.28 	(19) an expert in social welfare or social justice appointed by the governor;
18.1 	(20) an expert in criminal justice reform to mitigate the disproportionate impact of drug 
18.2 	prosecutions on communities of color appointed by the governor;
18.3 	(21) an expert in the prevention and treatment of substance use disorders appointed by 
18.4 	the governor;
18.5 	(22) an expert in minority business ownership appointed by the governor;
18.6 	(23) an expert in women-owned businesses appointed by the governor;
18.7 	(24) an expert in cannabis retailing appointed by the governor;
18.8 	(25) an expert in cannabis product manufacturing appointed by the governor;
18.9 	(26) an expert in laboratory sciences and toxicology appointed by the governor;
18.10 	(27) an expert in providing legal services to cannabis businesses appointed by the 
18.11 	governor;
18.12 	(28) an expert in cannabis cultivation appointed by the governor;
18.13 	(29) two patient advocates, one who is a patient enrolled in the medical cannabis program 
18.14 	and one patient with experience in the mental health system or substance use disorder 
18.15 	treatment system appointed by the governor;
18.16 	(30) a veteran appointed by the governor; and
18.17 	(31) one member of each of the following federally recognized Tribes, designated by 
18.18 	the elected Tribal president or chairperson of the governing bodies of:
18.19 	(i) the Fond du Lac Band;
18.20 	(ii) the Grand Portage Band;
18.21 	(iii) the Mille Lacs Band;
18.22 	(iv) the White Earth Band;
18.23 	(v) the Bois Forte Band;
18.24 	(vi) the Leech Lake Band;
18.25 	(vii) the Red Lake Nation;
18.26 	(viii) the Upper Sioux Community;
18.27 	(ix) the Lower Sioux Indian Community;
18.28 	(x) the Shakopee Mdewakanton Sioux Community; and
18.29 	(xi) the Prairie Island Indian Community.
19.1 	(b) While serving on the Cannabis Advisory Council and within two years after 
19.2 	terminating service, a council member shall not serve as a lobbyist, as defined under section 
19.3 	10A.01, subdivision 21.
19.4 		Subd. 2.Terms; compensation; removal; vacancy; expiration. The membership terms, 
19.5 	compensation, removal of members appointed by the governor, and filling of vacancies of 
19.6 	members are provided in section 15.059.
19.7 		Subd. 3.Officers; meetings. (a) The director of the Office of Cannabis Management 
19.8 	or the director's designee must chair the Cannabis Advisory Council. The advisory council 
19.9 	must elect a vice-chair and may elect other officers as necessary.
19.10 	(b) The advisory council shall meet quarterly or upon the call of the chair.
19.11 	(c) Meetings of the advisory council are subject to chapter 13D.
19.12 		Subd. 4.Duties. (a) The duties of the advisory council shall include:
19.13 	(1) reviewing national cannabis policy;
19.14 	(2) examining the effectiveness of state cannabis policy;
19.15 	(3) reviewing developments in the cannabis industry;
19.16 	(4) reviewing developments in the study of cannabis flower and cannabinoid products;
19.17 	(5) taking public testimony; and
19.18 	(6) making recommendations to the Office of Cannabis Management.
19.19 	(b) At its discretion, the advisory council may examine other related issues consistent 
19.20 	with this section.

19.21 	Sec. 4. [342.04] STUDIES; REPORTS.
19.22 	(a) The office shall conduct a study to determine the expected size and growth of the 
19.23 	regulated cannabis industry, including an estimate of the demand for cannabis flower and 
19.24 	cannabinoid products, the number and geographic distribution of cannabis businesses needed 
19.25 	to meet that demand, and the anticipated business from residents of other states.
19.26 	(b) The office shall conduct a study to determine the size of the illicit cannabis market, 
19.27 	the sources of illicit cannabis flower and illicit cannabinoid products in the state, the locations 
19.28 	of citations issued and arrests made for cannabis offenses, and the subareas, such as census 
19.29 	tracts or neighborhoods, that experience a disproportionately large amount of cannabis 
19.30 	enforcement.
20.1 	(c) The office shall conduct a study on impaired driving to determine the number of 
20.2 	accidents involving one or more drivers who admitted to using cannabis flower or 
20.3 	cannabinoid products or who tested positive for cannabis or tetrahydrocannabinol, the 
20.4 	number of arrests of individuals for impaired driving in which the individual tested positive 
20.5 	for cannabis or tetrahydrocannabinol, and the number of convictions for driving under the 
20.6 	influence of cannabis flower, cannabinoid products, or tetrahydrocannabinol.
20.7 	(d) The office shall provide preliminary reports on the studies conducted pursuant to 
20.8 	paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports 
20.9 	to the legislature by January 15, 2025. The reports may be consolidated into a single report 
20.10 	by the office.
20.11 	(e) The office shall conduct a study on the state's mental health system and substance 
20.12 	use disorder treatment system to determine the rates at which individuals access those 
20.13 	systems. At a minimum, the report shall include information about the number of people 
20.14 	admitted to emergency rooms for treatment of a mental illness or substance use disorder, 
20.15 	ordered by a court to participate in mental health or substance use programming, and who 
20.16 	voluntarily agreed to accept mental health or substance use treatment or admission to a 
20.17 	state-operated treatment program or treatment facility. The report must include summary 
20.18 	data disaggregated by the month of admission or order; age, race, and sex of the individuals; 
20.19 	whether the admission or order was for a mental illness or substance use disorder; and, to 
20.20 	the extent known, the substance of abuse that resulted in the admission or order. Data must 
20.21 	be obtained, retained, and reported in a way that prevents the unauthorized release of private 
20.22 	data on individuals as defined in section 13.02. The office shall submit the report by January 
20.23 	15, 2027, and the report may be combined with the annual report submitted by the office.
20.24 	(f) The office shall submit an annual report to the legislature by January 15, 2024, and 
20.25 	each January 15 thereafter. The annual report shall include but not be limited to the following:
20.26 	(1) the status of the regulated cannabis industry;
20.27 	(2) the status of the illicit cannabis market;
20.28 	(3) the number of accidents, arrests, and convictions involving drivers who admitted to 
20.29 	using cannabis flower or cannabinoid products or who tested positive for cannabis or 
20.30 	tetrahydrocannabinol;
20.31 	(4) the change in potency, if any, of cannabis flower and cannabinoid products available 
20.32 	through the regulated market;
21.1 	(5) progress on providing opportunities to individuals and communities that experienced 
21.2 	a disproportionate, negative impact from cannabis prohibition, including but not limited to 
21.3 	providing relief from criminal convictions and increasing economic opportunities;
21.4 	(6) the status of racial and geographic diversity in the cannabis industry;
21.5 	(7) proposed legislative changes;
21.6 	(8) information on the adverse effects of second-hand smoke from any cannabis flower, 
21.7 	cannabinoid products, and hemp-derived consumer products that are consumed by 
21.8 	combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from 
21.9 	the product; and
21.10 	(9) recommendations for levels of funding for:
21.11 	(i) a coordinated education program to address and raise public awareness about the top 
21.12 	three adverse health effects, as determined by the commissioner of health, associated with 
21.13 	the use of cannabis flower or cannabinoid products by individuals under 21 years of age;
21.14 	(ii) a coordinated education program to educate pregnant women, breastfeeding women, 
21.15 	and women who may become pregnant on the adverse health effects of cannabis flower and 
21.16 	cannabinoid products;
21.17 	(iii) training, technical assistance, and educational materials for home visiting programs 
21.18 	and Tribal home visiting programs regarding safe and unsafe use of cannabis flower and 
21.19 	cannabinoid products in homes with infants and young children;
21.20 	(iv) model programs to educate middle school and high school students on the health 
21.21 	effects on children and adolescents of the use of cannabis flower, cannabinoid products, 
21.22 	and other intoxicating or controlled substances;
21.23 	(v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow  
21.24 	programs;
21.25 	(vi) grants to organizations for community development in social equity communities 
21.26 	through the CanRenew program;
21.27 	(vii) training of peace officers and law enforcement agencies on changes to laws involving 
21.28 	cannabis flower, cannabinoid products, and hemp-derived consumer products, and the law's 
21.29 	impact on searches and seizures;
21.30 	(viii) training of peace officers to increase the number of drug recognition experts;
22.1 	(ix) training of peace officers on the cultural uses of sage and distinguishing use of sage 
22.2 	from the use of cannabis flower, including whether the Board of Peace Officer Standards 
22.3 	and Training should approve or develop training materials;
22.4 	(x) the retirement and replacement of drug detection dogs; and
22.5 	(xi) the Department of Human Services and county social service agencies to address 
22.6 	any increase in demand for services.
22.7 	(g) In developing the recommended funding levels under paragraph (f), clause (9), items 
22.8 	(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota 
22.9 	Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota 
22.10 	Cities, the Association of Minnesota Counties, and county social services agencies.

22.11 	Sec. 5. [342.05] STATEWIDE MONITORING SYSTEM.
22.12 		Subdivision 1.Statewide monitoring. The office must contract with an outside vendor 
22.13 	to establish a statewide monitoring system for integrated cannabis tracking, inventory, and 
22.14 	verification to track all cannabis plants, cannabis flower, cannabinoid products, and artificially 
22.15 	derived cannabinoids from seed, immature plant, or creation until disposal or sale to a patient 
22.16 	or customer.
22.17 		Subd. 2.Data submission requirements. The monitoring system must allow cannabis 
22.18 	businesses to submit monitoring data to the office through the use of monitoring system 
22.19 	software commonly used within the cannabis industry and may also permit cannabis 
22.20 	businesses to submit monitoring data through manual data entry with approval from the 
22.21 	office.

22.22 	Sec. 6. [342.06] APPROVAL OF CANNABIS FLOWER, PRODUCTS, AND 
22.23 	CANNABINOIDS.
22.24 	(a) The office shall approve types of cannabis flower, cannabinoid products, and 
22.25 	hemp-derived consumer products other than hemp-derived topical products for retail sale.
22.26 	(b) The office shall not approve any cannabinoid product or hemp-derived consumer 
22.27 	product that:
22.28 	(1) is or appears to be a lollipop or ice cream;
22.29 	(2) bears the likeness or contains characteristics of a real or fictional person, animal, or 
22.30 	fruit;
23.1 	(3) is modeled after a type or brand of products primarily consumed by or marketed to 
23.2 	children;
23.3 	(4) contains a synthetic cannabinoid;
23.4 	(5) is made by applying a cannabinoid, including but not limited to an artificially derived 
23.5 	cannabinoid, to a finished food product that does not contain cannabinoids and is sold to 
23.6 	consumers, including but not limited to a candy or snack food; or
23.7 	(6) if the product is an edible cannabinoid product, contains an ingredient, other than a 
23.8 	cannabinoid,  that is not approved by the United States Food and Drug Administration for 
23.9 	use in food.
23.10 	(c) The office must not approve any cannabis flower, cannabinoid product, or 
23.11 	hemp-derived consumer product that:
23.12 	(1) is intended to be consumed by combustion or vaporization of the product and 
23.13 	inhalation of smoke, aerosol, or vapor from the product; and
23.14 	(2) imparts a taste or smell, other than the taste or smell of cannabis flower, that is 
23.15 	distinguishable by an ordinary person before or during consumption of the product.
23.16 	(d) The office may adopt rules to limit or prohibit ingredients in or additives to cannabis 
23.17 	flower, cannabinoid products, or hemp-derived consumer products to ensure compliance 
23.18 	with the limitations in paragraph (c).

23.19 	Sec. 7. [342.07] AGRICULTURAL AND FOOD SAFETY PRACTICES; 
23.20 	RULEMAKING.
23.21 		Subdivision 1.Plant propagation standards. In consultation with the commissioner 
23.22 	of agriculture, the office by rule must establish certification, testing, and labeling 
23.23 	requirements for the methods used to grow new cannabis plants or hemp plants, including 
23.24 	but not limited to growth from seed, clone, cutting, or tissue culture. The requirements must 
23.25 	prohibit the cultivation of cannabis plants derived from genetic engineering, as defined in 
23.26 	section 18F.02, subdivision 4.
23.27 		Subd. 2.Agricultural best practices. In consultation with the commissioner of 
23.28 	agriculture and representatives from the University of Minnesota Extension Service, the 
23.29 	office shall establish best practices for:
23.30 	(1) the cultivation and preparation of cannabis plants; and
23.31 	(2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation 
23.32 	to growing cannabis plants.
24.1 		Subd. 3.Edible cannabinoid product handler endorsement. (a) Any person seeking 
24.2 	to manufacture, process, sell, handle, or store an edible cannabinoid product, other than an 
24.3 	edible cannabinoid product that has been placed in its final packaging, must first obtain an 
24.4 	edible cannabinoid product handler endorsement.
24.5 	(b) In consultation with the commissioner of agriculture, the office shall establish an 
24.6 	edible cannabinoid product handler endorsement.
24.7 	(c) The office must regulate edible cannabinoid product handlers and assess penalties 
24.8 	in the same manner provided for food handlers under chapters 28A, 31, and 34A and 
24.9 	associated rules, with the following exceptions:
24.10 	(1) the office must issue an edible cannabinoid product handler endorsement, rather than 
24.11 	a license;
24.12 	(2) eligibility for an edible cannabinoid product handler endorsement is limited to persons 
24.13 	who possess a valid license issued by the office;
24.14 	(3) the office may not charge a fee for issuing or renewing the endorsement;
24.15 	(4) the office must align the term and renewal period for edible cannabinoid product 
24.16 	handler endorsements with the term and renewal period of the license issued by the office; 
24.17 	and
24.18 	(5) an edible cannabinoid product must not be considered adulterated solely because the 
24.19 	product contains tetrahydrocannabinol, cannabis concentrate, or any other material extracted 
24.20 	or derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts.
24.21 	(d) The edible cannabinoid product handler endorsement must prohibit the manufacture 
24.22 	of edible cannabinoid products at the same premises where food is manufactured, except 
24.23 	for the limited production of edible products produced solely for product development, 
24.24 	sampling, or testing.

24.25 	Sec. 8. [342.08] ESTABLISHMENT OF ENVIRONMENTAL STANDARDS.
24.26 		Subdivision 1.Water standards. In consultation with the commissioner of the Pollution 
24.27 	Control Agency, the office by rule must establish appropriate water standards for cannabis 
24.28 	businesses.
24.29 		Subd. 2.Energy use. In consultation with the commissioner of commerce, the office 
24.30 	by rule must establish appropriate energy standards for cannabis businesses.
25.1 		Subd. 3.Solid waste. In consultation with the commissioner of the Pollution Control 
25.2 	Agency, the office by rule must establish appropriate solid waste standards for the disposal 
25.3 	of:
25.4 	(1) cannabis flower and cannabinoid products;
25.5 	(2) packaging;
25.6 	(3) recyclable materials, including minimum requirements for the use of recyclable 
25.7 	materials; and
25.8 	(4) other solid waste.
25.9 		Subd. 4.Odor. The office by rule must establish appropriate standards and requirements 
25.10 	to limit odors produced by cannabis businesses.
25.11 		Subd. 5.Applicability; federal, state, and local laws. A cannabis business must comply 
25.12 	with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to 
25.13 	4.
25.14 		Subd. 6.Rulemaking. (a) The office may only adopt a rule under this section if the rule 
25.15 	is consistent with and at least as stringent as applicable state and federal laws related to the 
25.16 	subjects of subdivisions 1 to 4.
25.17 	(b) The office must coordinate and consult with a department or agency of the state 
25.18 	regarding the development and implementation of a rule under this section if the department 
25.19 	or agency has expertise or a regulatory interest in the subject matter of the rule.

25.20 	Sec. 9. [342.09] PERSONAL ADULT USE OF CANNABIS.
25.21 		Subdivision 1.Personal adult use, possession, and transportation of cannabis flower 
25.22 	and cannabinoid products. (a) An individual 21 years of age or older may:
25.23 	(1) use, possess, or transport cannabis paraphernalia;
25.24 	(2) possess or transport two ounces or less of adult-use cannabis flower in a public place;
25.25 	(3) possess five pounds or less of adult-use cannabis flower in the individual's private 
25.26 	residence;
25.27 	(4) possess or transport eight grams or less of adult-use cannabis concentrate;
25.28 	(5) possess or transport edible cannabinoid products infused with a combined total of 
25.29 	800 milligrams or less of tetrahydrocannabinol;
26.1 	(6) give for no remuneration two ounces or less of adult-use cannabis flower, eight grams 
26.2 	or less of adult-use cannabis concentrate, or an edible cannabinoid product infused with 
26.3 	800 milligrams or less of tetrahydrocannabinol to an individual who is at least 21 years of 
26.4 	age; and
26.5 	(7) use adult-use cannabis flower and adult-use cannabinoid products in the following 
26.6 	locations:
26.7 	(i) a private residence, including the individual's curtilage or yard;
26.8 	(ii) on private property, not generally accessible by the public, unless the individual is 
26.9 	explicitly prohibited from consuming cannabis flower or cannabinoid products on the 
26.10 	property by the owner of the property; or
26.11 	(iii) on the premises of an establishment or event licensed to permit on-site consumption.
26.12 	(b) Except as provided in paragraph (c), an individual may not:
26.13 	(1) use, possess, or transport cannabis flower or cannabinoid products if the individual 
26.14 	is under 21 years of age;
26.15 	(2) use cannabis flower or cannabinoid products in a motor vehicle as defined in section 
26.16 	169A.03, subdivision 15;
26.17 	(3) use cannabis flower or cannabinoid products at any location where smoking is 
26.18 	prohibited under section 144.414;
26.19 	(4) use or possess cannabis flower or cannabinoid products in a public school, as defined 
26.20 	in section 120A.05, subdivisions 9, 11, and 13, or in a charter school governed by chapter 
26.21 	124E, including all facilities, whether owned, rented, or leased, and all vehicles that a school 
26.22 	district owns, leases, rents, contracts for, or controls;
26.23 	(5) use or possess cannabis flower or cannabinoid products in a state correctional facility;
26.24 	(6) operate a motor vehicle while under the influence of cannabis flower or cannabinoid 
26.25 	products;
26.26 	(7) give for no remuneration cannabis flower or cannabinoid products to an individual 
26.27 	under 21 years of age; or
26.28 	(8) give for no remuneration cannabis flower or cannabinoid products as a sample or 
26.29 	promotional gift if the giver is in the business of selling goods or services.
26.30 	(c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other 
26.31 	than by smoking or by a vaporized delivery method, possession, or transportation of medical 
27.1 	cannabis flower or medical cannabinoid products by a patient; a registered designated 
27.2 	caregiver; or a parent, legal guardian, or spouse of a patient.
27.3 	(d) A proprietor of a family or group family day care program must disclose to parents 
27.4 	or guardians of children cared for on the premises of the family or group family day care 
27.5 	program, if the proprietor permits the smoking or use of cannabis flower or cannabinoid 
27.6 	products on the premises outside of its hours of operation. Disclosure must include posting 
27.7 	on the premises a conspicuous written notice and orally informing parents or guardians.
27.8 		Subd. 2.Home cultivation of cannabis for personal adult use. Up to eight cannabis 
27.9 	plants, with no more than four being mature, flowering plants may be grown at a single 
27.10 	residence, including the curtilage or yard, without a license to cultivate cannabis issued 
27.11 	under this chapter provided that cultivation takes place at the primary residence of an 
27.12 	individual 21 years of age or older and in an enclosed, locked space that is not open to public 
27.13 	view.
27.14 		Subd. 3.Home extraction of cannabis concentrate by use of volatile solvent 
27.15 	prohibited. No person may use a volatile solvent to separate or extract cannabis concentrate 
27.16 	without a cannabis manufacturer, cannabis microbusiness, or medical cannabis processor 
27.17 	license issued under this chapter.
27.18 		Subd. 4.Sale of cannabis flower and cannabinoid products prohibited. No person 
27.19 	may sell cannabis flower or cannabinoid products without a license issued under this chapter 
27.20 	that authorizes the sale.
27.21 		Subd. 5.Importation of hemp-derived products. No person may import lower potency 
27.22 	edible products or hemp-derived consumer products, other than hemp-derived topical 
27.23 	products, that are manufactured outside the boundaries of the state of Minnesota with the 
27.24 	intent to sell the products to consumers within the state or to any other person or business 
27.25 	that intends to sell the products to consumers within the state without a license issued under 
27.26 	this chapter that authorizes the importation of such products. This subdivision does not 
27.27 	apply to products lawfully purchased for personal use.
27.28 		Subd. 6.Violations; penalties. (a) In addition to penalties listed in this subdivision, a 
27.29 	person who violates the provisions of this chapter is subject to any applicable criminal 
27.30 	penalty.
27.31 	(b) The office may assess the following civil penalties on a person who sells cannabis 
27.32 	flower or cannabinoid products without a license issued under this chapter that authorizes 
27.33 	the sale:
28.1 	(1) if the person sells more than two ounces but not more than eight ounces of cannabis 
28.2 	flower, up to $1,000;
28.3 	(2) if the person sells more than eight ounces but not more than one pound of cannabis 
28.4 	flower, up to $5,000;
28.5 	(3) if the person sells more than one pound but not more than five pounds of cannabis 
28.6 	flower, up to $25,000;
28.7 	(4) if the person sells more than five pounds but not more than 25 pounds of cannabis 
28.8 	flower, up to $100,000;
28.9 	(5) if the person sells more than 25 pounds but not more than 50 pounds of cannabis 
28.10 	flower, up to $250,000; and
28.11 	(6) if the person sells more than 50 pounds of cannabis flower, up to $1,000,000.
28.12 	(c) The office may assess the following civil penalties on a person who sells cannabis 
28.13 	concentrate without a license issued under this chapter that authorizes the sale:
28.14 	(1) if the person sells more than eight grams but not more than 40 grams of cannabis 
28.15 	concentrate, up to $1,000;
28.16 	(2) if the person sells more than 40 grams but not more than 80 grams of cannabis 
28.17 	concentrate, up to $5,000;
28.18 	(3) if the person sells more than 80 grams but not more than 400 grams of cannabis 
28.19 	concentrate, up to $25,000;
28.20 	(4) if the person sells more than 400 grams but not more than two kilograms of cannabis 
28.21 	concentrate, up to $100,000;
28.22 	(5) if the person sells more than two kilograms but not more than four kilograms of 
28.23 	cannabis concentrate, up to $250,000; and
28.24 	(6) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000.
28.25 	(d) The office may assess the following civil penalties on a person who imports or sells 
28.26 	products infused with tetrahydrocannabinol without a license issued under this chapter that 
28.27 	authorizes the importation or sale:
28.28 	(1) if the person imports or sells products infused with a total of more than 800 milligrams 
28.29 	but not more than four grams of tetrahydrocannabinol, up to $1,000;
28.30 	(2) if the person imports or sells products infused with a total of more than four grams 
28.31 	but not more than eight grams of tetrahydrocannabinol, up to $5,000;
29.1 	(3) if the person imports or sells products infused with a total of more than eight grams 
29.2 	but not more than 40 grams of tetrahydrocannabinol, up to $25,000;
29.3 	(4) if the person imports or sells products infused with a total of more than 40 grams 
29.4 	but not more than 200 grams of tetrahydrocannabinol, up to $100,000;
29.5 	(5) if the person imports or sells products infused with a total of more than 200 grams 
29.6 	but not more than 400 grams of tetrahydrocannabinol, up to $250,000; and
29.7 	(6) if the person imports or sells products infused with a total of more than 400 grams 
29.8 	of tetrahydrocannabinol, up to $1,000,000.
29.9 	(e) The office may assess a civil penalty of up to $500 for each plant grown in excess 
29.10 	of the limit on a person who grows more than eight cannabis plants or more than four mature, 
29.11 	flowering plants, without a license to cultivate cannabis issued under this chapter.

29.12 	Sec. 10. [342.10] LICENSES; TYPES.
29.13 	The office shall issue the following types of license:
29.14 	(1) cannabis cultivator, including:
29.15 	(i) craft cultivator; and
29.16 	(ii) bulk cultivator;
29.17 	(2) cannabis manufacturer;
29.18 	(3) cannabis retailer;
29.19 	(4) cannabis wholesaler;
29.20 	(5) cannabis transporter;
29.21 	(6) cannabis testing facility;
29.22 	(7) cannabis microbusiness;
29.23 	(8) cannabis event organizer;
29.24 	(9) cannabis delivery service;
29.25 	(10) lower potency edible retailer;
29.26 	(11) medical cannabis cultivator;
29.27 	(12) medical cannabis processor; and
29.28 	(13) medical cannabis retailer.

30.1 	Sec. 11. [342.11] LICENSES; FEES.
30.2 	Except for the application fees authorized under sections 342.12, paragraph (d), and 
30.3 	342.15, subdivision 4, the office shall not charge a fee for annual licenses issued under this 
30.4 	chapter.

30.5 	Sec. 12. [342.12] LICENSES; TRANSFERS; ADJUSTMENTS.
30.6 	(a) Licenses issued under this chapter may not be transferred. A new license must be 
30.7 	obtained when:
30.8 	(1) the form of the licensee's legal business structure converts or changes to a different 
30.9 	type of legal business structure;
30.10 	(2) the licensee dissolves, consolidates, or merges with another legal organization;
30.11 	(3) within the previous 24 months, 50 percent or more of the licensee is transferred by 
30.12 	a single transaction or multiple transactions to:
30.13 	(i) another person or legal organization; or
30.14 	(ii) a person or legal organization who had less than a five percent ownership interest 
30.15 	in the licensee at the time of the first transaction; or
30.16 	(4) any other event or combination of events that results in a substitution, elimination, 
30.17 	or withdrawal of the licensee's responsibility for the operation of the licensee.
30.18 	(b) Licenses must be renewed annually.
30.19 	(c) License holders may petition the office to adjust the tier of a license issued within a 
30.20 	license category provided that the license holder meets all applicable requirements.
30.21 	(d) The office by rule may permit relocation of a licensed cannabis business, adopt 
30.22 	requirements for the submission of a license relocation application, establish standards for 
30.23 	the approval of a relocation application, and charge a fee not to exceed $250 for reviewing 
30.24 	and processing applications. Relocation of a licensed premises pursuant to this paragraph 
30.25 	does not extend or otherwise modify the license term of the license subject to relocation.

30.26 	Sec. 13. [342.14] LOCAL CONTROL.
30.27 	(a) A local unit of government may not prohibit the possession, transportation, or use 
30.28 	of cannabis flower or cannabinoid products authorized under this chapter.
30.29 	(b) A local unit of government may not prohibit the establishment or operation of a 
30.30 	cannabis business licensed under this chapter.
31.1 	(c) A local unit of government may adopt reasonable restrictions on the time, place, and 
31.2 	manner of the operation of a cannabis business provided that such restrictions do not prohibit 
31.3 	the establishment or operation of cannabis businesses. A local unit of government may 
31.4 	prohibit the operation of a cannabis business within 1,000 feet of a school, day care,  or the 
31.5 	Capitol or Capitol grounds.
31.6 	(d) The office shall work with local units of government to develop model ordinances 
31.7 	for reasonable restrictions on the time, place, and manner of the operation of a cannabis 
31.8 	business.
31.9 	(e) If a local unit of government is conducting studies or has authorized a study to be 
31.10 	conducted or has held or has scheduled a hearing for the purpose of considering adoption 
31.11 	or amendment of reasonable restrictions on the time, place, and manner of the operation of 
31.12 	a cannabis business, the governing body of the local unit of government may adopt an 
31.13 	interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting 
31.14 	the planning process and the health, safety, and welfare of its citizens. Before adopting the 
31.15 	interim ordinance, the governing body must hold a public hearing. The interim ordinance 
31.16 	may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction 
31.17 	or a portion thereof until January 1, 2025.
31.18 	(f) Within 30 days of receiving a copy of an application from the office, a local unit of 
31.19 	government shall certify on a form provided by the office whether a proposed cannabis 
31.20 	business complies with local zoning ordinances and, if applicable, whether the proposed 
31.21 	business complies with the state fire code and building code.
31.22 	(g) Upon receipt of an application for a license issued under this chapter, the office shall 
31.23 	contact the local unit of government in which the business would be located and provide 
31.24 	the local unit of government with 30 days in which to provide input on the application. The 
31.25 	local unit of government may provide the office with any additional information it believes 
31.26 	is relevant to the office's decision on whether to issue a license, including but not limited 
31.27 	to identifying concerns about the proposed location of a cannabis business or sharing public 
31.28 	information about an applicant.
31.29 	(h) The office by rule shall establish an expedited complaint process to receive, review, 
31.30 	and respond to complaints made by a local unit of government about a cannabis business. 
31.31 	Complaints may include alleged violations of local ordinances or other alleged violations. 
31.32 	At a minimum, the expedited complaint process shall require the office to provide an initial 
31.33 	response to the complaint within seven days and perform any necessary inspections within 
32.1 	30 days. Nothing in this paragraphs prohibits a local unit of government from enforcing a 
32.2 	local ordinance.

32.3 	Sec. 14. [342.15] LICENSE APPLICATION AND RENEWAL; FEES.
32.4 		Subdivision 1.Application; contents. (a) The office by rule shall establish forms and 
32.5 	procedures for the processing of licenses issued under this chapter. At a minimum, any 
32.6 	application to obtain or renew a license shall include the following information, if applicable:
32.7 	(1) the name, address, and date of birth of the applicant;
32.8 	(2) the disclosure of ownership and control required under paragraph (b);
32.9 	(3) the disclosure of whether the applicant or, if the applicant is a business, any officer, 
32.10 	director, manager, and general partner of the business has ever filed for bankruptcy;
32.11 	(4) the address and legal property description of the business;
32.12 	(5) documentation showing legal possession of the premises where the business will 
32.13 	operate;
32.14 	(6) a diagram of the premises, including a security drawing;
32.15 	(7) a copy of the security plan;
32.16 	(8) proof of trade name registration;
32.17 	(9) a copy of the applicant's business plan showing the expected size of the business; 
32.18 	anticipated growth; the methods of record keeping; the knowledge and experience of the 
32.19 	applicant and any officer, director, manager, and general partner of the business; the 
32.20 	environmental plan; and other relevant financial and operational components;
32.21 	(10) an attestation signed by a bona fide labor organization stating that the applicant has 
32.22 	entered into a labor peace agreement;
32.23 	(11) certification that the applicant will comply with the requirements of this chapter 
32.24 	relating to the ownership and operation of a cannabis business;
32.25 	(12) identification of one or more controlling persons or managerial employees as agents 
32.26 	who shall be responsible for dealing with the office on all matters; and
32.27 	(13) a statement that the applicant agrees to respond to the office's supplemental requests 
32.28 	for information.
33.1 	(b) An applicant must file and update as necessary a disclosure of ownership and control. 
33.2 	The office by rule shall establish the contents and form of the disclosure. At a minimum, 
33.3 	the disclosure shall include the following:
33.4 	(1) the management structure, ownership, and control of the applicant or license holder, 
33.5 	including the name of each cooperative member, officer, director, manager, general partner 
33.6 	or business entity; the office or position held by each person; each person's percentage 
33.7 	ownership interest, if any; and, if the business has a parent company, the name of each 
33.8 	owner, board member, and officer of the parent company and the owner's, board member's, 
33.9 	or officer's percentage ownership interest in the parent company and the cannabis business;
33.10 	(2) a statement from the applicant and, if the applicant is a business, from every officer, 
33.11 	director, manager, and general partner of the business, indicating whether that person has 
33.12 	previously held, or currently holds, an ownership interest in a cannabis business in Minnesota, 
33.13 	any other state or territory of the United States, or any other country;
33.14 	(3) if the applicant is a corporation, copies of its articles of incorporation and bylaws 
33.15 	and any amendments to its articles of incorporation or bylaws;
33.16 	(4) copies of any partnership agreement, operating agreement, or shareholder agreement;
33.17 	(5) copies of any promissory notes, security instruments, or other similar agreements;
33.18 	(6) explanation detailing the funding sources used to finance the business;
33.19 	(7) a list of operating and investment accounts for the business, including any applicable 
33.20 	financial institution and account number; and
33.21 	(8) a list of each outstanding loan and financial obligation obtained for use in the business, 
33.22 	including the loan amount, loan terms, and name and address of the creditor.
33.23 	(c) An application may include:
33.24 	(1) proof that the applicant is a social equity applicant;
33.25 	(2) a diversity plan that establishes a goal of diversity in ownership, management, 
33.26 	employment, and contracting;
33.27 	(3) a description of the training and education that will be provided to any employee; 
33.28 	or
33.29 	(4) a copy of business policies governing operations to ensure compliance with this 
33.30 	chapter.
34.1 	(d) Commitments made by an applicant in its application, including but not limited to 
34.2 	the maintenance of a labor peace agreement, shall be an ongoing material condition of 
34.3 	maintaining and renewing the license.
34.4 	(e) An application on behalf of a corporation or association shall be signed by at least 
34.5 	two officers or managing agents of that entity.
34.6 		Subd. 2.Application; process. (a) An applicant must submit all required information 
34.7 	to the office on the forms and in the manner prescribed by the office.
34.8 	(b) If the office receives an application that fails to provide the required information, 
34.9 	the office shall issue a deficiency notice to the applicant. The applicant shall have ten 
34.10 	business days from the date of the deficiency notice to submit the required information.
34.11 	(c) Failure by an applicant to submit all required information will result in the application 
34.12 	being rejected.
34.13 	(d) Upon receipt of a completed application and fee, the office shall forward a copy of 
34.14 	the application to the local unit of government in which the business operates or intends to 
34.15 	operate with a form for certification as to whether a proposed cannabis business complies 
34.16 	with local zoning ordinances and, if applicable, whether the proposed business complies 
34.17 	with the state fire code and building code.
34.18 	(e) Within 90 days of receiving a completed application, the office shall issue the 
34.19 	appropriate license or send the applicant a notice of rejection setting forth specific reasons 
34.20 	that the office did not approve the application.
34.21 		Subd. 3.Criminal history check. A license applicant or, in the case of a business entity, 
34.22 	every cooperative member or director, manager, and general partner of the business entity, 
34.23 	must submit a completed criminal history records check consent form, a full set of classifiable 
34.24 	fingerprints, and the required fees to the office. Upon receipt of this information, the office 
34.25 	must submit the completed criminal history records check consent form, full set of classifiable 
34.26 	fingerprints, and required fees to the Bureau of Criminal Apprehension. After receiving this 
34.27 	information, the bureau must conduct a Minnesota criminal history records check of the 
34.28 	license applicant. The bureau may exchange a license applicant's fingerprints with the 
34.29 	Federal Bureau of Investigation to obtain the applicant's national criminal history record 
34.30 	information. The bureau must return the results of the Minnesota and federal criminal history 
34.31 	records checks to the director to determine if the applicant is disqualified under section 
34.32 	342.20.
35.1 		Subd. 4.Application; fees. The office may charge a nonrefundable fee, not to exceed 
35.2 	$250, to cover the costs associated with reviewing and processing applications.

35.3 	Sec. 15. [342.16] SOCIAL EQUITY APPLICANTS.
35.4 	An individual qualifies as a social equity applicant if the individual is:
35.5 	(1) a military veteran who lost honorable status due to a cannabis-related offense;
35.6 	(2) a resident for the last five years of one or more subareas, such as census tracts or 
35.7 	neighborhoods, that experienced a disproportionately large amount of cannabis enforcement 
35.8 	as determined by the study conducted by the office pursuant to section 342.04, paragraph 
35.9 	(b), and reported in the preliminary report, final report, or both; or
35.10 	(3) a resident for the last five years of one or more census tracts where, as reported in 
35.11 	the most recently completed decennial census published by the United States Bureau of the 
35.12 	Census, either:
35.13 	(i) the poverty rate was 20 percent or more; or
35.14 	(ii) the median family income did not exceed 80 percent of statewide median family 
35.15 	income or, if in a metropolitan area, did not exceed the greater of 80 percent of the statewide 
35.16 	median family income or 80 percent of the median family income for that metropolitan 
35.17 	area.

35.18 	Sec. 16. [342.17] LICENSE SELECTION CRITERIA.
35.19 		Subdivision 1.Market stability. The office shall issue the necessary number of licenses 
35.20 	in order to ensure the sufficient supply of cannabis flower and cannabinoid products to meet 
35.21 	demand, provide market stability, and limit the sale of unregulated cannabis flower and 
35.22 	cannabinoid products.
35.23 		Subd. 2.Craft cultivation priority. (a) The office shall prioritize issuance of 
35.24 	microbusiness licenses with an endorsement to cultivate cannabis flower and craft cultivator 
35.25 	licenses.
35.26 	(b) Unless the office determines that the issuance of bulk cultivator licenses is necessary 
35.27 	to ensure a sufficient supply of cannabis flower and cannabinoid products, the office shall 
35.28 	not issue a bulk cultivator license before July 1, 2028.
35.29 		Subd. 3.Vertical integration prohibited; exceptions. (a) Except as otherwise provided 
35.30 	in this subdivision, the office shall not issue licenses to a single applicant that would result 
35.31 	in the applicant being vertically integrated in violation of the provisions of this chapter.
36.1 	(b) Nothing in this section prohibits or limits the issuance of microbusiness licenses.
36.2 	(c) If the office determines that the issuance of multiple licenses resulting in a single 
36.3 	applicant being vertically integrated is necessary to ensure a sufficient supply of cannabis 
36.4 	flower and cannabinoid products during the first calendar year in which cannabis flower 
36.5 	and cannabinoid products are lawfully sold to customers, the office may authorize one or 
36.6 	more applicants to be fully vertically integrated. Regardless of when the licenses were 
36.7 	issued, licenses issued under the terms of this paragraph expire one year after the first day 
36.8 	on which cannabis flower and cannabinoid products are lawfully sold to customers and the 
36.9 	office may not issue multiple licenses resulting in a single applicant being vertically 
36.10 	integrated after that date.
36.11 		Subd. 4.Application score; license priority. (a) The office shall award points to each 
36.12 	completed application in the following categories:
36.13 	(1) status as a social equity applicant or as an applicant who is substantially similar to 
36.14 	a social equity applicant as described in paragraph (c);
36.15 	(2) status as a veteran applicant;
36.16 	(3) security and record keeping;
36.17 	(4) employee training plan;
36.18 	(5) business plan and financial situation;
36.19 	(6) diversity plan;
36.20 	(7) labor and employment practices;
36.21 	(8) knowledge and experience; and
36.22 	(9) environmental plan.
36.23 	(b) The office may award additional points to an application if the license holder would 
36.24 	expand service to an underrepresented market including but not limited to participation in 
36.25 	the medical cannabis program.
36.26 	(c) The office shall establish application materials permitting individual applicants to 
36.27 	demonstrate the impact that cannabis prohibition has had on that applicant including but 
36.28 	not limited to the arrest or imprisonment of the applicant or a member of the applicant's 
36.29 	immediate family, and the office may award points to such applicants in the same manner 
36.30 	as points are awarded to social equity applicants.
37.1 	(d) The office shall establish policies and guidelines, which shall be made available to 
37.2 	the public, regarding the number of points available in each category and the basis for 
37.3 	awarding those points. Status as a social equity applicant must account for at least 20 percent 
37.4 	of the total available points. In determining the number of points to award to a cooperative 
37.5 	or business applying as a social equity applicant, the office shall consider the number or 
37.6 	ownership percentage of cooperative members, officers, directors, managers, and general 
37.7 	partners who qualify as social equity applicants.
37.8 	(e) Consistent with the goals identified in subdivision 1, the office shall issue licenses 
37.9 	in each license category, giving priority to applicants who receive the highest score under 
37.10 	paragraphs (a) and (b). If there are insufficient licenses available for entities that receive 
37.11 	identical scores, the office shall utilize a lottery to randomly select license recipients from 
37.12 	among those entities.

37.13 	Sec. 17. [342.18] INSPECTION; LICENSE VIOLATIONS; PENALTIES.
37.14 		Subdivision 1.Authority to inspect. (a) In order to carry out the purposes of this chapter, 
37.15 	the office, upon presenting appropriate credentials to the owner, operator, or agent in charge, 
37.16 	is authorized to:
37.17 	(1) enter any cannabis business without delay and at reasonable times;
37.18 	(2) inspect and investigate during regular working hours and at other reasonable times, 
37.19 	within reasonable limits and in a reasonable manner, any cannabis business and all relevant 
37.20 	conditions, equipment, records, and materials therein; and
37.21 	(3) question privately any employer, owner, operator, agent, or employee of a cannabis 
37.22 	business.
37.23 	(b) An employer, owner, operator, agent, or employee must not refuse the office entry 
37.24 	or otherwise deter or prohibit the office from taking action under paragraph (a).
37.25 		Subd. 2.Powers of office.  (a) In making inspections and investigations under this chapter, 
37.26 	the office shall have the power to administer oaths, certify as to official acts, take and cause 
37.27 	to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses 
37.28 	and production of papers, books, documents, records, and testimony. In case of failure of 
37.29 	any person to comply with any subpoena lawfully issued, or on the refusal of any witness 
37.30 	to produce evidence or to testify to any matter regarding which the person may be lawfully 
37.31 	interrogated, the district court shall, upon application of the office, compel obedience 
37.32 	proceedings for contempt, as in the case of disobedience of the requirements of a subpoena 
37.33 	issued by the court or a refusal to testify therein.
38.1 	(b) If the office finds probable cause to believe that any cannabis plant, cannabis flower, 
38.2 	artificially derived cannabinoid, or cannabinoid product is being distributed in violation of 
38.3 	this chapter or rules adopted under this chapter, the office shall affix to the cannabis plant, 
38.4 	cannabis flower, artificially derived cannabinoid, or cannabinoid product a tag, withdrawal 
38.5 	from distribution order, or other appropriate marking providing notice that the cannabis 
38.6 	plant, cannabis flower, artificially derived cannabinoid, or cannabinoid product is, or is 
38.7 	suspected of being, distributed in violation of this chapter, and has been detained or 
38.8 	embargoed, and warning all persons not to remove or dispose of the cannabis plant, cannabis 
38.9 	flower, artificially derived cannabinoid, or cannabinoid product by sale or otherwise until 
38.10 	permission for removal or disposal is given by the office or the court. It is unlawful for a 
38.11 	person to remove or dispose of detained or embargoed cannabis plant, cannabis flower, 
38.12 	artificially derived cannabinoid, or cannabinoid product by sale or otherwise without the 
38.13 	office's or a court's permission and each transaction is a separate violation of this section.
38.14 	(c) If any cannabis plant, cannabis flower, artificially derived cannabinoid, or cannabinoid 
38.15 	product has been found by the office to be in violation of this chapter, the office shall petition 
38.16 	the district court in the county in which the cannabis plant, cannabis flower, artificially 
38.17 	derived cannabinoid, or cannabinoid product is detained or embargoed for an order and 
38.18 	decree for the condemnation of the cannabis plant, cannabis flower, artificially derived 
38.19 	cannabinoid, or cannabinoid product. The office shall release the cannabis plant, cannabis 
38.20 	flower, artificially derived cannabinoid, or cannabinoid product when this chapter and rules 
38.21 	adopted under this chapter have been complied with or the cannabis plant, cannabis flower, 
38.22 	artificially derived cannabinoid, or cannabinoid product is found not to be in violation of 
38.23 	this chapter or rules adopted under this chapter.
38.24 	(d) If the court finds that detained or embargoed cannabis plant, cannabis flower, 
38.25 	artificially derived cannabinoid, or cannabinoid product is in violation of this chapter or 
38.26 	rules adopted under this chapter, the following remedies are available:
38.27 	(1) after entering a decree, the cannabis plant, cannabis flower, artificially derived 
38.28 	cannabinoid, or cannabinoid product may be destroyed at the expense of the claimant under 
38.29 	the supervision of the office, and all court costs, fees, storage, and other proper expenses 
38.30 	must be assessed against the claimant of the cannabis plant, cannabis flower, artificially 
38.31 	derived cannabinoid, or cannabinoid product or the claimant's agent; and
38.32 	(2) if the violation can be corrected by proper labeling or processing of the cannabis 
38.33 	plant, cannabis flower, artificially derived cannabinoid, or cannabinoid product, the court, 
38.34 	after entry of the decree and after costs, fees, and expenses have been paid, and a good and 
38.35 	sufficient bond conditioned that the cannabis plant, cannabis flower, artificially derived 
39.1 	cannabinoid, or cannabinoid product must be properly labeled or processed has been 
39.2 	executed, may by order direct that the cannabis plant, cannabis flower, artificially derived 
39.3 	cannabinoid, or cannabinoid product be delivered to the claimant for proper labeling or 
39.4 	processing under the supervision of the office. The office's supervision expenses must be 
39.5 	paid by the claimant. The cannabis plant, cannabis flower, artificially derived cannabinoid, 
39.6 	or cannabinoid product must be returned to the claimant and the bond must be discharged 
39.7 	on representation to the court by the office that the cannabis plant, cannabis flower, artificially 
39.8 	derived cannabinoid, or cannabinoid product is no longer in violation and that the office's 
39.9 	supervision expenses have been paid.
39.10 	(e) If the office finds in any room, building, piece of equipment, vehicle of transportation, 
39.11 	or other structure any cannabis plant, cannabis flower, artificially derived cannabinoid, or 
39.12 	cannabinoid product that is unsound or contains any filthy, decomposed, or putrid substance, 
39.13 	or that may be poisonous or deleterious to health or otherwise unsafe, the office shall 
39.14 	condemn or destroy the item or in any other manner render the item as unsalable, and no 
39.15 	one has any cause of action against the office on account of the office's action.
39.16 	(f) The office may enter into an agreement with the commissioner of agriculture to 
39.17 	analyze and examine samples or other articles furnished by the office for the purpose of 
39.18 	determining whether the sample or article violates this chapter or rules adopted under this 
39.19 	chapter. A copy of the examination or analysis report for any such article, duly authenticated 
39.20 	under oath by the laboratory analyst making the determination or examination, shall be 
39.21 	prima facie evidence in all courts of the matters and facts contained in the report.
39.22 		Subd. 3.Aiding of inspection. Subject to rules issued by the office, a representative of 
39.23 	a cannabis business shall be given an opportunity to accompany the office during the physical 
39.24 	inspection of any cannabis business for the purpose of aiding such inspection.
39.25 		Subd. 4.Complaints and reports; priority of inspection. (a) The office may conduct 
39.26 	inspections of any licensed cannabis business at any time to ensure compliance with the 
39.27 	ownership and operation requirements of this chapter.
39.28 	(b) Any person may report a suspected violation of a safety or health standard. If upon 
39.29 	receipt of such notification the office determines that there are reasonable grounds to believe 
39.30 	that such violation or danger exists, the office shall make a special inspection as soon as 
39.31 	practicable to determine if such danger or violation exists.
39.32 	(c) The office shall prioritize inspections of cannabis businesses where there are 
39.33 	reasonable grounds to believe that a violation poses imminent danger to the public or 
39.34 	customers.
40.1 	(d) The office shall promptly inspect cannabis businesses that are the subject of complaint 
40.2 	by a local unit of government.
40.3 		Subd. 5.Violations; administrative orders and penalties. (a) The office may issue an 
40.4 	administrative order to any licensed cannabis business that the office determines has 
40.5 	committed a violation of this chapter or rules adopted pursuant to this chapter. The 
40.6 	administrative order may require the business to correct the violation or to cease and desist 
40.7 	from committing the violation. The order must state the deficiencies that constitute the 
40.8 	violation and the time by which the violation must be corrected. If the business believes 
40.9 	that the information in the administrative order is in error, the person may ask the office to 
40.10 	consider the parts of the order that are alleged to be in error. The request must be in writing, 
40.11 	delivered to the office by certified mail within seven days after receipt of the order, and 
40.12 	provide documentation to support the allegation of error. The office must respond to a 
40.13 	request for reconsideration within 15 days after receiving the request. A request for 
40.14 	reconsideration does not stay the correction order unless the office issues a supplemental 
40.15 	order granting additional time. The office's disposition of a request for reconsideration is 
40.16 	final.
40.17 	(b) For each violation of this chapter or rules adopted pursuant to this chapter, the office 
40.18 	may issue to each business a monetary penalty of up to $10,000, an amount that deprives 
40.19 	the business of any economic advantage gained by the violation, or both.
40.20 	(c) An administrative penalty may be recovered in a civil action in the name of the state 
40.21 	brought in the district court of the county where the violation is alleged to have occurred 
40.22 	or the district court where the office is housed.
40.23 	(d) In addition to penalties listed in this subdivision, a person or business who violates 
40.24 	the provisions of this chapter is subject to any applicable criminal penalty.
40.25 		Subd. 6.Nonpublic data. (a) The following data collected, created, or maintained by 
40.26 	the office is classified as nonpublic data, as defined in section 13.02, subdivision 9, or as 
40.27 	private data on individuals, as defined in section 13.02, subdivision 12:
40.28 	(1) data submitted by an applicant for a cannabis business license, other than the 
40.29 	applicant's name and designated address;
40.30 	(2) the identity of a complainant who has made a report concerning a license holder or 
40.31 	applicant that appears in inactive complaint data unless the complainant consents to the 
40.32 	disclosure;
41.1 	(3) the nature or content of unsubstantiated complaints when the information is not 
41.2 	maintained in anticipation of legal action;
41.3 	(4) the record of any disciplinary proceeding except as limited by paragraph (b);
41.4 	(5) data identifying retail or wholesale customers of a cannabis business; and
41.5 	(6) data identifying cannabis workers.
41.6 	(b) Minutes, application data on license holders except nondesignated addresses, orders 
41.7 	for hearing, findings of fact, conclusions of law, and specification of the final disciplinary 
41.8 	action contained in the record of the disciplinary action are classified as public, pursuant to 
41.9 	section 13.02, subdivision 15. If there is a public hearing concerning the disciplinary action, 
41.10 	the entire record concerning the disciplinary proceeding is public data pursuant to section 
41.11 	13.02, subdivision 15. If the license holder and the office agree to resolve a complaint 
41.12 	without a hearing, the agreement and the specific reasons for the agreement are public data.
41.13 	(c) The office must establish written procedures to ensure that only individuals authorized 
41.14 	by law may enter, update, or access the data classified as nonpublic or private data on 
41.15 	individuals in this subdivision. An authorized individual's ability to enter, update, or access 
41.16 	data in the system must correspond to the official duties or training level of the individual 
41.17 	and to the statutory authorization granting access for that purpose. All queries and responses, 
41.18 	and all actions in which not public data are entered, updated, accessed, shared, or 
41.19 	disseminated, must be recorded in a data audit trail. Data contained in the audit trail have 
41.20 	the same classification as the underlying data tracked by the audit trail.
41.21 	(d) The office must not share data classified as private under this subdivision or other 
41.22 	data identifying an individual applicant or license holder with any federal agency, federal 
41.23 	department, or federal entity unless specifically ordered to do so by a state or federal court.

41.24 	Sec. 18. [342.19] LICENSE SUSPENSION OR REVOCATION; HEARING.
41.25 		Subdivision 1.License revocation and nonrenewal. The office may revoke or not 
41.26 	renew a license when the office has cause to believe that a cannabis business has violated 
41.27 	an ownership or operational requirement in this chapter or rules adopted pursuant to this 
41.28 	chapter. The office must notify the license holder in writing, specifying the grounds for 
41.29 	revocation or nonrenewal and fixing a time of at least 20 days thereafter for a hearing on 
41.30 	the matter.
41.31 		Subd. 2.Hearing; written findings. (a) Before the office revokes or does not renew a 
41.32 	license, the office must provide the license holder with a statement of the complaints made 
41.33 	against the license holder, and the office must hold a hearing to determine whether the office 
42.1 	should revoke the license or deny renewal of the license. The license holder shall receive 
42.2 	notice at least 20 days before the date of the hearing and notice may be served either by 
42.3 	certified mail addressed to the address of the license holder as shown in the license 
42.4 	application or in the manner provided by law for the service of a summons. At the time and 
42.5 	place fixed for the hearing, the office, or any office employee or agent authorized by the 
42.6 	office to conduct the hearing, shall receive evidence, administer oaths, and examine witnesses.
42.7 	(b) After the hearing held pursuant to paragraph (a), or upon the failure of the license 
42.8 	holder to appear at the hearing, the office must take action as is deemed advisable and issue 
42.9 	written findings that the office must mail to the license holder. An action of the office under 
42.10 	this paragraph is subject to judicial review pursuant to chapter 14.
42.11 		Subd. 3.Temporary suspension. The office may temporarily, without hearing, suspend 
42.12 	the license and operating privilege of any business licensed under this chapter for up to 90 
42.13 	days if continuing the operation of the business would threaten the health or safety of any 
42.14 	person. The office may extend the period for an additional 90 days if the office notified the 
42.15 	business that the office intends to revoke or not renew a license and the hearing required 
42.16 	under subdivision 2 has not taken place.

42.17 	Sec. 19. [342.20] ADULT-USE CANNABIS BUSINESS; GENERAL OWNERSHIP 
42.18 	DISQUALIFICATIONS AND REQUIREMENTS.
42.19 		Subdivision 1.Criminal history check.  Every license applicant and prospective cannabis 
42.20 	worker must submit a completed criminal history records check consent form, a full set of 
42.21 	classifiable fingerprints, and the required fees to the office. Upon receipt of this information, 
42.22 	the office must submit the completed criminal history records check consent form, full set 
42.23 	of classifiable fingerprints, and required fees to the Bureau of Criminal Apprehension. After 
42.24 	receiving this information, the bureau must conduct a Minnesota criminal history records 
42.25 	check of the license applicant. The bureau may exchange a license applicant's fingerprints 
42.26 	with the Federal Bureau of Investigation to obtain the applicant's national criminal history 
42.27 	record information. The bureau must return the results of the Minnesota and federal criminal 
42.28 	history records checks to the director to determine if the applicant is disqualified under this 
42.29 	section.
42.30 		Subd. 2.Criminal offenses; disqualifications. (a) No person may hold or receive a 
42.31 	license issued under this chapter or work for a cannabis business if the person has been 
42.32 	convicted of, or received a stay of adjudication for, a violation of a state or federal controlled 
42.33 	substance law that is a felony under Minnesota law or would be a felony if committed in 
43.1 	Minnesota, regardless of the sentence imposed, unless the office determines that the person's 
43.2 	conviction was for the possession or sale of cannabis.
43.3 	(b) A person who has been convicted of, or received a stay of adjudication for, a violation 
43.4 	of Minnesota Statutes 2022, section 152.023, subdivision 1, clause (3), or a state or federal 
43.5 	law in conformity with that provision, for the sale of cannabis to a person under the age of 
43.6 	18 may hold or receive a license issued under this chapter, or work for a cannabis business, 
43.7 	if 20 years have passed since the date the person was convicted or adjudication was stayed.
43.8 	(c) Except as provided in paragraph (a), (b), or (d), a person who has been convicted of, 
43.9 	or received a stay of adjudication for, a violation of a state or federal law that is a felony 
43.10 	under Minnesota law or would be a felony if committed in Minnesota, regardless of the 
43.11 	sentence imposed, may hold or receive a license issued under this chapter, or work for a 
43.12 	cannabis business, if five years have passed since the discharge of the sentence.
43.13 	(d) No license holder or applicant may hold or receive a license issued under this chapter, 
43.14 	or work for a cannabis business, if the person has been convicted of a sale of cannabis in 
43.15 	the first degree under section 152.0264, subdivision 2.
43.16 	(e) A person who has been convicted of sale of cannabis in the second degree under 
43.17 	section 152.0264, subdivision 3, may hold or receive a license issued under this chapter or 
43.18 	work for a cannabis business if ten years have passed since the discharge of the sentence.
43.19 	(f) A person who has been convicted of sale of cannabis in the third degree under section 
43.20 	152.0264, subdivision 4, may hold or receive a license issued under this chapter or work 
43.21 	for a cannabis business if five years have passed since the discharge of the sentence.
43.22 	(g) A person who has been convicted of sale of cannabis in the fourth degree under 
43.23 	section 152.0264, subdivision 5, may hold or receive a license issued under this chapter or 
43.24 	work for a cannabis business if one year has passed since the discharge of the sentence.
43.25 	(h) If the license holder or applicant is a business entity, the disqualifications under this 
43.26 	subdivision apply to every cooperative member or every director, manager, and general 
43.27 	partner of the business entity.
43.28 		Subd. 3.Risk of harm; set aside. The office may set aside a disqualification under 
43.29 	subdivision 2 if the office finds that the person has submitted sufficient information to 
43.30 	demonstrate that the person does not pose a risk of harm to any person served by the 
43.31 	applicant, license holder, or other entities as provided in this chapter.
44.1 		Subd. 4.General requirements. (a) A license holder or applicant must meet each of 
44.2 	the following requirements, if applicable, to hold or receive a license issued under this 
44.3 	chapter:
44.4 	(1) be at least 21 years of age;
44.5 	(2) have completed an application for licensure or application for renewal;
44.6 	(3) have paid the applicable application fee;
44.7 	(4) reside in the state;
44.8 	(5) if the applicant or license holder is a business entity, be incorporated in the state or 
44.9 	otherwise formed or organized under the laws of the state;
44.10 	(6) if the applicant or license holder is a business entity, at least 75 percent of the business 
44.11 	must be owned by Minnesota residents;
44.12 	(7) not be employed by the office or any state agency with regulatory authority under 
44.13 	this chapter or the rules adopted pursuant to this chapter;
44.14 	(8) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph 
44.15 	(c);
44.16 	(9) never have had a license previously issued under this chapter revoked;
44.17 	(10) have filed any previously required tax returns for a cannabis business;
44.18 	(11) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties 
44.19 	due relating to the operation of a cannabis business;
44.20 	(12) have fully and truthfully complied with all information requests of the office relating 
44.21 	to license application and renewal;
44.22 	(13) not be disqualified under subdivision 2;
44.23 	(14) not employ an individual who is disqualified from working for a cannabis business 
44.24 	under this chapter; and
44.25 	(15) meet the ownership and operational requirements for the type of license and, if 
44.26 	applicable, endorsement sought or held.
44.27 	(b) If the license holder or applicant is a business entity, every officer, director, manager, 
44.28 	and general partner of the business entity must meet each of the requirements of this section.

45.1 	Sec. 20. [342.21] CANNABIS BUSINESS; GENERAL OPERATIONAL 
45.2 	REQUIREMENTS AND PROHIBITIONS.
45.3 		Subdivision 1.Individuals under 21 years of age. (a) A cannabis business may not 
45.4 	employ an individual under 21 years of age and may not contract with an individual under 
45.5 	21 years of age if the individual's scope of work involves the handling of cannabis plants, 
45.6 	cannabis flower, artificially derived cannabinoids, or cannabinoid products.
45.7 	(b) A cannabis business may not permit an individual under 21 years of age to enter the 
45.8 	business premises other than entry into an area that solely dispenses medical cannabis flower 
45.9 	or medical cannabinoid products.
45.10 	(c) A cannabis business may not sell or give cannabis flower or cannabinoid products 
45.11 	to an individual under 21 years of age unless the individual is a patient; registered designated 
45.12 	caregiver; or a parent, legal guardian, or spouse of a patient who is authorized to use, possess, 
45.13 	or transport medical cannabis or medical cannabinoid products.
45.14 		Subd. 2.Use of cannabis flower and cannabinoid products within a licensed cannabis 
45.15 	business. (a) A cannabis business may not permit an individual who is not an employee to 
45.16 	consume cannabis flower or cannabinoid products within its licensed premises unless the 
45.17 	business is licensed to permit on-site consumption or the business has an on-site endorsement 
45.18 	to a license authorizing the sale of lower potency edible products.
45.19 	(b) Except as otherwise provided in this subdivision, a cannabis business may not permit 
45.20 	an employee to consume cannabis flower or cannabinoid products within its licensed premises 
45.21 	or while the employee is otherwise engaged in activities within the course and scope of 
45.22 	employment.
45.23 	(c) A cannabis business may permit an employee to use medical cannabis flower and 
45.24 	medical cannabinoid products if that individual is a patient.
45.25 	(d) For quality control, employees of a licensed cannabis business may sample cannabis 
45.26 	flower or cannabinoid products. Employees may not interact directly with customers for at 
45.27 	least three hours after sampling a product. Employees may not consume more than three 
45.28 	samples in a single 24-hour period. All samples must be recorded in the statewide monitoring 
45.29 	system.
45.30 		Subd. 3.Restricted access. (a) Except as otherwise provided in this subdivision, a 
45.31 	cannabis business may not permit any individual to enter a restricted area unless the cannabis 
45.32 	business records the individual's name, time of entry, time of exit, and authorization to enter 
45.33 	the restricted area through use of an electronic or manual entry log and the individual:
46.1 	(1) is a cannabis worker employed by or contracted with the cannabis business;
46.2 	(2) is an employee of the office or another enforcement agency;
46.3 	(3) is a contractor of the cannabis business, including but not limited to an electrician, 
46.4 	a plumber, an engineer, or an alarm technician, whose scope of work will not involve the 
46.5 	handling of cannabis flower or cannabinoid products and, if the individual is working in an 
46.6 	area with immediate access to cannabis flower or cannabinoid products, the individual is 
46.7 	supervised at all times by a cannabis worker employed by or contracted with the cannabis 
46.8 	business; or
46.9 	(4) has explicit authorization from the office to enter a restricted area and, if the individual 
46.10 	is in an area with immediate access to cannabis flower or cannabinoid products, the individual 
46.11 	is supervised at all times by a cannabis worker employed by or contracted with the cannabis 
46.12 	business.
46.13 	(b) A cannabis business shall ensure that all areas of entry to restricted areas within its 
46.14 	licensed premises are conspicuously marked and cannot be entered without recording the 
46.15 	individual's name, time of entry, time of exit, and authorization to enter the restricted area.
46.16 		Subd. 4.Ventilation and filtration. A cannabis business must maintain a ventilation 
46.17 	and filtration system sufficient to meet the requirements for odor control established by the 
46.18 	office.
46.19 		Subd. 5.Records. (a) A cannabis business must retain financial records for the current 
46.20 	and previous tax year at the primary business location and must make those records available 
46.21 	for inspection by the office at any time during regular business hours.
46.22 	(b) When applicable, a cannabis business must maintain financial records for the previous 
46.23 	ten tax years and must make those records available for inspection within one business day 
46.24 	of receiving a request for inspection by the office.
46.25 	(c) The office may require a cannabis business to submit to an audit of its business 
46.26 	records. The office may select or approve the auditor and the cannabis business must provide 
46.27 	the auditor with access to all business records. The cost of the audit must be paid by the 
46.28 	cannabis business.
46.29 		Subd. 6.Diversity report. A cannabis business shall provide an annual report on the 
46.30 	status of diversity in the business ownership, management, and employment and in services 
46.31 	for which the business contracts.
46.32 		Subd. 7.Use of statewide monitoring system. (a) A cannabis business must use the 
46.33 	statewide monitoring system for integrated cannabis tracking, inventory, and verification 
47.1 	to track all cannabis plants, cannabis flower, cannabinoid products, and artificially derived 
47.2 	cannabinoids the cannabis business has in its possession to the point of disposal, transfer, 
47.3 	or sale.
47.4 	(b) For the purposes of this subdivision, a cannabis business possesses the cannabis 
47.5 	plants and cannabis flower that the business cultivates from seed or immature plant, if 
47.6 	applicable, or receives from another cannabis business, possesses the artificially derived 
47.7 	cannabinoids that the business creates or receives from another cannabis business, and 
47.8 	possesses the cannabinoid products that the business manufactures or receives from another 
47.9 	cannabis business.
47.10 	(c) Sale and transfer of cannabis plants, cannabis flower, cannabinoid products, and 
47.11 	artificially derived cannabinoids must be recorded in the statewide monitoring system within 
47.12 	the time established by rule.
47.13 		Subd. 8.Disposal; loss documentation. (a) A cannabis business must dispose of cannabis 
47.14 	plants, cannabis flower, cannabinoid products, and artificially derived cannabinoids that 
47.15 	are damaged, have a broken seal, have been contaminated, or have not been sold by the 
47.16 	expiration date on the label.
47.17 	(b) Disposal must be conducted in a manner approved by the office.
47.18 	(c) Disposed products must be documented in the statewide monitoring system.
47.19 	(d) Any lost or stolen products must be reported to local law enforcement and a cannabis 
47.20 	business must log any lost or stolen products in the statewide monitoring system as soon 
47.21 	as the loss is discovered.
47.22 		Subd. 9.Sale of approved products. A cannabis business may only sell cannabis plants, 
47.23 	cannabis flower, cannabinoid products, and artificially derived cannabinoids that are approved 
47.24 	by the office and that comply with this chapter and rules adopted pursuant to this chapter 
47.25 	regarding the testing, packaging, and labeling of cannabis plants, cannabis flower, 
47.26 	cannabinoid products, and artificially derived cannabinoids.
47.27 		Subd. 10.Security. A cannabis business must maintain and follow a security plan to 
47.28 	deter and prevent the theft or diversion of cannabis plants, cannabis flower, cannabinoid 
47.29 	products, and artificially derived cannabinoids, unauthorized entry into the cannabis business, 
47.30 	and the theft of currency.
47.31 		Subd. 11.Financial relationship. (a) Except for the lawful sale of cannabis plants, 
47.32 	cannabis flower, cannabinoid products, and artificially derived cannabinoids in the ordinary 
47.33 	course of business and as otherwise provided in this subdivision, no cannabis business may 
48.1 	offer, give, accept, receive, or borrow money or anything else of value or accept or receive 
48.2 	credit from any other cannabis business. This prohibition applies to offering or receiving a 
48.3 	benefit in exchange for preferential placement by a cannabis retailer, including preferential 
48.4 	placement on the cannabis retailer's shelves, display cases, or website. This prohibition 
48.5 	applies to every cooperative member or every director, manager, and general partner of a 
48.6 	cannabis business.
48.7 	(b) This prohibition does not apply to merchandising credit in the ordinary course of 
48.8 	business for a period not to exceed 30 days.
48.9 	(c) This prohibition does not apply to free samples of useable cannabis flower or 
48.10 	cannabinoid products packaged in a sample jar protected by a plastic or metal mesh screen 
48.11 	to allow customers to smell the cannabis flower or cannabinoid product before purchase. 
48.12 	A sample jar may not contain more than eight grams of useable cannabis flower, eight grams 
48.13 	of a cannabis concentrate, or an edible cannabinoid product infused with 100 milligrams of 
48.14 	tetrahydrocannabinol.
48.15 	(d) This prohibition does not apply to free samples of cannabis flower or cannabinoid 
48.16 	products provided to a cannabis retailer or cannabis wholesaler for the purposes of quality 
48.17 	control and to allow cannabis retailers to determine whether to offer a product for sale. A 
48.18 	sample provided for these purposes may not contain more than eight grams of useable 
48.19 	cannabis flower, eight grams of a cannabis concentrate, or an edible cannabinoid product 
48.20 	infused with 100 milligrams of tetrahydrocannabinol.
48.21 	(e) This prohibition does not apply to any fee charged by a licensed cannabis event 
48.22 	organizer to a cannabis business for participation in a cannabis event.
48.23 		Subd. 12.Customer privacy. A cannabis business must not share data on retail or 
48.24 	wholesale customers with any federal agency, federal department, or federal entity unless 
48.25 	specifically ordered by a state or federal court.

48.26 	Sec. 21. [342.22] CANNABIS CULTIVATOR LICENSING.
48.27 		Subdivision 1.Authorized actions. (a) A cannabis cultivator license entitles the license 
48.28 	holder to grow cannabis plants within the approved amount of space from seed or immature 
48.29 	plant to mature plant, harvest cannabis flower from a mature plant, package and label 
48.30 	cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis 
48.31 	manufacturer located on the same premises, and perform other actions approved by the 
48.32 	office.
48.33 	(b) The office may issue an applicant either of the following types of cultivator licenses:
49.1 	(1) a craft cultivator license, which allows cultivation by a license holder of not more 
49.2 	than 10,000 feet of plant canopy unless the office, by rule, increases that limit; or
49.3 	(2) a bulk cultivator license, which allows cultivation by a license holder of not more 
49.4 	than 30,000 feet of plant canopy.
49.5 	(c) The office may, by rule, increase the limit on craft cultivator plant canopy to no more 
49.6 	than 15,000 square feet if the office determines that expansion is consistent with the goals 
49.7 	identified in section 342.02, subdivision 1.
49.8 		Subd. 2.Additional information required. In addition to the information required to 
49.9 	be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section, 
49.10 	a person, cooperative, or business seeking a cannabis cultivator license must submit the 
49.11 	following information in a form approved by the office:
49.12 	(1) an operating plan demonstrating the proposed size and layout of the cultivation 
49.13 	facility; plans for wastewater and waste disposal for the cultivation facility; plans for 
49.14 	providing electricity, water, and other utilities necessary for the normal operation of the 
49.15 	cultivation facility; and plans for compliance with the applicable building code and federal 
49.16 	and state environmental and workplace safety requirements;
49.17 	(2) a cultivation plan demonstrating the proposed size and layout of the cultivation 
49.18 	facility that will be used exclusively for cultivation including the total amount of plant 
49.19 	canopy; and
49.20 	(3) evidence that the business will comply with the applicable operation requirements 
49.21 	for the license being sought.
49.22 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
49.23 	cannabis cultivator license may also hold a cannabis manufacturing license, medical cannabis 
49.24 	cultivator license, medical cannabis producer license, license to grow industrial hemp, and 
49.25 	cannabis event organizer license.
49.26 	(b) Except as provided in paragraph (a), no person, cooperative, or business holding a 
49.27 	cannabis cultivator license may own or operate any other cannabis business. This prohibition 
49.28 	does not prevent the transportation of cannabis flower from a cannabis cultivator to a cannabis 
49.29 	manufacturer licensed to the same person, cooperative, or business and located on the same 
49.30 	premises.
49.31 	(c) The office by rule may limit the number of cannabis cultivator licenses a person, 
49.32 	cooperative, or business may hold.
50.1 	(d) For purposes of this subdivision, a restriction on the number or type of license a 
50.2 	business may hold applies to every cooperative member or every director, manager, and 
50.3 	general partner of a cannabis business.
50.4 		Subd. 4.Limitations on health care practitioners. A health care practitioner who 
50.5 	certifies qualifying medical conditions for patients is prohibited from:
50.6 	(1) holding a direct or indirect economic interest in a cannabis cultivator;
50.7 	(2) serving as a cooperative member, director, manager, general partner, or employee 
50.8 	of a cannabis cultivator; or
50.9 	(3) advertising with a cannabis cultivator in any way.
50.10 		Subd. 5.Remuneration. A cannabis cultivator is prohibited from:
50.11 	(1) accepting or soliciting any form of remuneration from a health care practitioner who 
50.12 	certifies qualifying medical conditions for patients; or
50.13 	(2) offering any form of remuneration to a health care practitioner who certifies qualifying 
50.14 	medical conditions for patients.

50.15 	Sec. 22. [342.23] CANNABIS CULTIVATOR OPERATIONS.
50.16 		Subdivision 1.Cultivation records. A cannabis cultivator must prepare a cultivation 
50.17 	record for each batch of cannabis plants and cannabis flower in the form required by the 
50.18 	office and must maintain each record for at least five years. The cultivation record must 
50.19 	include the quantity and timing, where applicable, of each pesticide, fertilizer, soil 
50.20 	amendment, or plant amendment used to cultivate the batch, as well as any other information 
50.21 	required by the office in rule. A licensed cultivator must present cultivation records to the 
50.22 	office, the commissioner of agriculture, or the commissioner of health upon request.
50.23 		Subd. 2.Agricultural chemicals and other inputs. A cannabis cultivator is subject to 
50.24 	rules promulgated by the office governing the use of pesticides, fertilizers, soil amendments, 
50.25 	plant amendments, and other inputs to cultivate cannabis.
50.26 		Subd. 3.Cultivation plan. A cannabis cultivator must prepare, maintain, and execute 
50.27 	an operating plan and a cultivation plan as directed by the office in rule, which must include 
50.28 	but is not limited to:
50.29 	(1) water usage;
50.30 	(2) recycling;
50.31 	(3) solid waste disposal; and
51.1 	(4) a pest management protocol that incorporates integrated pest management principles 
51.2 	to control or prevent the introduction of pests to the cultivation site.
51.3 		Subd. 4.Pesticides; pollinator protection. (a) A cannabis cultivator must comply with 
51.4 	chapters 18B, 18D, 18E, and any other pesticide laws and rules enforced by the commissioner 
51.5 	of agriculture.
51.6 	(b) A cannabis cultivator must not apply pesticides when pollinators are present or allow 
51.7 	pesticides to drift to flowering plants that are attractive to pollinators.
51.8 		Subd. 5.Adulteration prohibited.  A cannabis cultivator must not treat or otherwise 
51.9 	adulterate cannabis plants or cannabis flower with any substance or compound that has the 
51.10 	effect or intent of altering the color, appearance, weight, or smell of the cannabis.
51.11 		Subd. 6.Indoor, outdoor cultivation authorized; security. A cannabis cultivator may 
51.12 	cultivate cannabis plants indoors or outdoors, subject to the security, fencing, lighting, and 
51.13 	any other requirements imposed by the office in rule.
51.14 		Subd. 7.Seed limitation. The commissioner of agriculture must not issue a genetically 
51.15 	engineered agriculturally related organism permit under chapter 18F for cannabis seed or 
51.16 	cannabis plants. A cannabis cultivator must not cultivate a cannabis plant that is a genetically 
51.17 	engineered organism as defined in section 18F.02, subdivision 5.

51.18 	Sec. 23. [342.24] CANNABIS MANUFACTURER LICENSING.
51.19 		Subdivision 1.Authorized actions. A cannabis manufacturer license, consistent with 
51.20 	the specific license endorsement or endorsements, entitles the license holder to:
51.21 	(1) purchase cannabis flower, cannabinoid products, hemp plant parts, hemp concentrate, 
51.22 	and artificially derived cannabinoids from cannabis cultivators, other cannabis manufacturers, 
51.23 	cannabis microbusinesses, and industrial hemp growers;
51.24 	(2) accept cannabis from unlicensed persons who are at least 21 years of age provided 
51.25 	that the cannabis manufacturer does not accept more than two ounces from an individual 
51.26 	on a single occasion;
51.27 	(3) make cannabis concentrate;
51.28 	(4) make hemp concentrate, including hemp concentrate with a delta-9 
51.29 	tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
51.30 	(5) manufacture artificially derived cannabinoids;
52.1 	(6) manufacture cannabinoid products and hemp-derived consumer products for public 
52.2 	consumption;
52.3 	(7) package and label cannabinoid products and hemp-derived consumer products for 
52.4 	sale to other cannabis businesses;
52.5 	(8) sell cannabis concentrate, hemp concentrate, artificially derived cannabinoids, 
52.6 	cannabinoid products, and hemp-derived consumer products to other cannabis businesses; 
52.7 	and
52.8 	(9) perform other actions approved by the office.
52.9 		Subd. 2.Additional information required. In addition to the information required to 
52.10 	be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section, 
52.11 	a person, cooperative, or business seeking a cannabis manufacturer license must submit the 
52.12 	following information in a form approved by the office:
52.13 	(1) an operating plan demonstrating the proposed layout of the facility, including a 
52.14 	diagram of ventilation and filtration systems; plans for wastewater and waste disposal for 
52.15 	the manufacturing facility; plans for providing electricity, water, and other utilities necessary 
52.16 	for the normal operation of the manufacturing facility; and plans for compliance with 
52.17 	applicable building code and federal and state environmental and workplace safety 
52.18 	requirements; and
52.19 	(2) evidence that the business will comply with the applicable operation requirements 
52.20 	for the endorsement being sought.
52.21 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
52.22 	cannabis manufacturer license may also hold a cannabis cultivator license, a medical cannabis 
52.23 	cultivator license, a medical cannabis processor license, and a cannabis event organizer 
52.24 	license.
52.25 	(b) Except as provided in paragraph (a), no person, cooperative, or business holding a 
52.26 	cannabis manufacturer license may own or operate any other cannabis business. This 
52.27 	prohibition does not prevent transportation of cannabis flower from a cannabis cultivator 
52.28 	to a cannabis manufacturer licensed to the same person, cooperative, or business and located 
52.29 	on the same premises.
52.30 	(c) The office by rule may limit the number of cannabis manufacturer licenses that a 
52.31 	person or business may hold.
53.1 	(d) For purposes of this subdivision, a restriction on the number or type of license that 
53.2 	a business may hold applies to every cooperative member or every director, manager, and 
53.3 	general partner of a cannabis business.
53.4 		Subd. 4.Limitations on health care practitioners. A health care practitioner who 
53.5 	certifies qualifying medical conditions for patients is prohibited from:
53.6 	(1) holding a direct or indirect economic interest in a cannabis manufacturer;
53.7 	(2) serving as a cooperative member, director, manager, general partner, or employee 
53.8 	of a cannabis manufacturer; or
53.9 	(3) advertising with a cannabis manufacturer in any way.
53.10 		Subd. 5.Remuneration. A cannabis manufacturer is prohibited from:
53.11 	(1) accepting or soliciting any form of remuneration from a health care practitioner who 
53.12 	certifies qualifying medical conditions for patients; or
53.13 	(2) offering any form of remuneration to a health care practitioner who certifies qualifying 
53.14 	medical conditions for patients.

53.15 	Sec. 24. [342.25] CANNABIS MANUFACTURER OPERATIONS.
53.16 		Subdivision 1.All manufacturer operations. (a) Cannabis manufacturing must take 
53.17 	place in an enclosed, locked facility that is used exclusively for the manufacture of 
53.18 	cannabinoid products, creation of hemp concentrate, or creation of artificially derived 
53.19 	cannabinoids except that a business that also holds a cannabis cultivator license may operate 
53.20 	in a facility that shares general office space, bathrooms, entryways, and walkways.
53.21 	(b) Cannabis manufacturing must take place on equipment that is used exclusively for 
53.22 	the manufacture of cannabinoid products, creation of hemp concentrate, or creation of 
53.23 	artificially derived cannabinoids.
53.24 	(c) A cannabis manufacturer must comply with all applicable packaging, labeling, and 
53.25 	health and safety requirements.
53.26 		Subd. 2.Extraction and concentration. (a) A cannabis manufacturer that creates 
53.27 	cannabis concentrate, hemp concentrate, or artificially derived cannabinoids must obtain 
53.28 	an endorsement from the office.
53.29 	(b) A cannabis manufacturer must inform the office of all methods of extraction and 
53.30 	concentration that the manufacturer intends to use and identify the volatile chemicals, if 
53.31 	any, that will be involved in the creation of cannabis concentrate or hemp concentrate. A 
54.1 	cannabis manufacturer may not use a method of extraction and concentration or a volatile 
54.2 	chemical without approval by the office.
54.3 	(c) A cannabis manufacturer must inform the office of all methods of conversion that 
54.4 	the manufacturer will use, including any specific catalysts that the manufacturer will employ, 
54.5 	to create artificially derived cannabinoids and the molecular nomenclature of all cannabinoids 
54.6 	or other chemical compound that the manufacturer will create. A cannabis manufacturer 
54.7 	may not use a method of conversion or a catalyst without approval by the office.
54.8 	(d) A cannabis manufacturer must obtain a certification from an independent third-party 
54.9 	industrial hygienist or professional engineer approving:
54.10 	(1) all electrical, gas, fire suppression, and exhaust systems; and
54.11 	(2) the plan for safe storage and disposal of hazardous substances, including but not 
54.12 	limited to any volatile chemicals.
54.13 	(e) A cannabis manufacturer that manufactures cannabis concentrate from cannabis 
54.14 	flower received from an unlicensed person who is at least 21 years of age must comply with 
54.15 	all health and safety requirements established by the office. At a minimum, the office shall 
54.16 	require a cannabis manufacturer to:
54.17 	(1) store the cannabis flower in an area that is segregated from cannabis flower and hemp 
54.18 	plant parts received from a licensed cannabis business;
54.19 	(2) perform the extraction and concentration on equipment that is used exclusively for 
54.20 	extraction or concentration of cannabis flower received from unlicensed individuals;
54.21 	(3) store any cannabis concentrate in an area that is segregated from cannabis concentrate, 
54.22 	hemp concentrate, or artificially derived cannabinoids derived or manufactured from cannabis 
54.23 	flower or hemp plant parts received from a licensed cannabis business; and
54.24 	(4) provide any cannabis concentrate only to the person who provided the cannabis.
54.25 	(f) Upon the sale of cannabis concentrate, hemp concentrate, or artificially derived 
54.26 	cannabinoids to any person, cooperative, or business, a cannabis manufacturer must provide 
54.27 	a statement to the buyer that discloses the method of extraction and concentration or 
54.28 	conversion used and any solvents, gases, or catalysts, including but not limited to any volatile 
54.29 	chemicals, involved in that method.
54.30 		Subd. 3.Production of consumer products. (a) A cannabis manufacturer that produces 
54.31 	edible cannabinoid products must obtain an edible cannabinoid product handler endorsement 
54.32 	from the office.
55.1 	(b) A cannabis manufacturer must obtain an endorsement from the office to produce:
55.2 	(1) cannabinoid products other than edible cannabinoid products; or
55.3 	(2) hemp-derived consumer products other than hemp-derived topical products.
55.4 	(c) All areas within the licensed premises of a cannabis manufacturer producing 
55.5 	cannabinoid products or hemp-derived consumer products must meet the sanitary standards 
55.6 	specified in rules adopted by the office.
55.7 	(d) A cannabis manufacturer may only add chemicals or compounds approved by the 
55.8 	office to cannabis concentrate, hemp concentrate, or artificially derived cannabinoids.
55.9 	(e) Upon the sale of any cannabinoid product or hemp-derived consumer product to a 
55.10 	cannabis business, a cannabis manufacturer must provide a statement to the buyer that 
55.11 	discloses the product's ingredients, including but not limited to any chemicals or compounds 
55.12 	and any major food allergens declared by name.
55.13 	(f) A cannabis manufacturer shall not add any cannabis flower, cannabis concentrate, 
55.14 	artificially derived cannabinoid, hemp plant part, or hemp concentrate to a product where 
55.15 	the manufacturer of the product holds a trademark to the product's name, except that a 
55.16 	cannabis manufacturer may use a trademarked food product if the manufacturer uses the 
55.17 	product as a component or as part of a recipe and where the cannabis manufacturer does 
55.18 	not state or advertise to the customer that the final retail cannabinoid product or hemp-derived 
55.19 	consumer product contains a trademarked food product.

55.20 	Sec. 25. [342.26] CANNABIS RETAILER LICENSING.
55.21 		Subdivision 1.Authorized actions. A cannabis retailer license entitles the license holder 
55.22 	to:
55.23 	(1) purchase immature cannabis plants and seedlings, cannabis flower, cannabinoid 
55.24 	products, and hemp-derived consumer products from cannabis cultivators, cannabis 
55.25 	manufacturers, cannabis microbusinesses, cannabis wholesalers, and industrial hemp growers;
55.26 	(2) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use 
55.27 	cannabinoid products, hemp-derived consumer products, and other products authorized by 
55.28 	law to customers; and
55.29 	(3) perform other actions approved by the office.
55.30 		Subd. 2.Additional information required. In addition to the information required to 
55.31 	be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section, 
56.1 	a person, cooperative, or business seeking a cannabis retail license must submit the following 
56.2 	information in a form approved by the office:
56.3 	(1) a list of every retail license held by the applicant and, if the applicant is a business, 
56.4 	every retail license held, either as an individual or as part of another business, by each 
56.5 	officer, director, manager, and general partner of the cannabis business;
56.6 	(2) an operating plan demonstrating the proposed layout of the facility, including a 
56.7 	diagram of ventilation and filtration systems; policies to avoid sales to individuals who are 
56.8 	under 21 years of age; identification of a restricted area for storage; and plans to prevent 
56.9 	the visibility of cannabis flower, cannabinoid products, and hemp-derived consumer products 
56.10 	to individuals outside the retail location; and
56.11 	(3) evidence that the business will comply with the applicable operation requirements 
56.12 	for the license being sought.
56.13 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
56.14 	cannabis retailer license may also hold a cannabis delivery service license, a medical cannabis 
56.15 	retailer license, and a cannabis event organizer license.
56.16 	(b) Except as provided in paragraph (a), no person, cooperative, or business holding a 
56.17 	cannabis retailer license may own or operate any other cannabis business.
56.18 	(c) No person, cooperative, or business may hold a license to own or operate more than 
56.19 	one cannabis retail business in one city or county.
56.20 	(d) The office by rule may limit the number of cannabis retailer licenses a person, 
56.21 	cooperative, or business may hold.
56.22 	(e) For purposes of this subdivision, a restriction on the number or type of license a 
56.23 	business may hold applies to every cooperative member or every director, manager, and 
56.24 	general partner of a cannabis business.
56.25 		Subd. 4.Municipal or county cannabis store. A city or county may establish, own, 
56.26 	and operate a municipal cannabis store subject to the restrictions in this chapter.
56.27 		Subd. 5.Limitations on health care practitioners. A health care practitioner who 
56.28 	certifies qualifying medical conditions for patients is prohibited from:
56.29 	(1) holding a direct or indirect economic interest in a cannabis retailer;
56.30 	(2) serving as a cooperative member, director, manager, general partner, or employee 
56.31 	of a cannabis retailer; or
56.32 	(3) advertising with a cannabis retailer in any way.
57.1 		Subd. 6.Remuneration. A cannabis retailer is prohibited from:
57.2 	(1) accepting or soliciting any form of remuneration from a health care practitioner who 
57.3 	certifies qualifying medical conditions for patients; or
57.4 	(2) offering any form of remuneration to a health care practitioner who certifies qualifying 
57.5 	medical conditions for patients.

57.6 	Sec. 26. [342.27] CANNABIS RETAILER OPERATIONS.
57.7 		Subdivision 1.Sale of cannabis and cannabinoid products. (a) A cannabis retailer 
57.8 	may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use 
57.9 	cannabinoid products, and hemp-derived consumer products to individuals who are at least 
57.10 	21 years of age.
57.11 	(b) A cannabis retailer may sell immature cannabis plants and seedlings, adult-use 
57.12 	cannabis flower, adult-use cannabinoid products, and hemp-derived consumer products 
57.13 	other than hemp-derived topical products that:
57.14 	(1) are obtained from a licensed Minnesota cannabis cultivator, cannabis manufacturer, 
57.15 	cannabis microbusiness, or cannabis wholesaler; and
57.16 	(2) meet all applicable packaging and labeling requirements.
57.17 	(c) A cannabis retailer may sell up to two ounces of adult-use cannabis flower, eight 
57.18 	grams of adult-use cannabis concentrate, and edible cannabinoid products infused with 800 
57.19 	milligrams of tetrahydrocannabinol during a single transaction to a customer.
57.20 	(d) Edible cannabinoid products may not include more than ten milligrams per serving 
57.21 	and a single package may not include more than a total of 100 milligrams of 
57.22 	tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of 
57.23 	tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping, or other 
57.24 	indicators designating the individual serving size.
57.25 		Subd. 2.Sale of other products. (a) A cannabis retailer may sell cannabis paraphernalia, 
57.26 	including but not limited to childproof packaging containers and other devices designed to 
57.27 	ensure the safe storage and monitoring of cannabis flower and cannabinoid products in the 
57.28 	home to prevent access by individuals under 21 years of age.
57.29 	(b) A cannabis retailer may sell hemp-derived topical products.
57.30 	(c) A cannabis retailer may sell the following products that do not contain cannabis 
57.31 	flower, cannabis concentrate, hemp concentrate, artificially derived cannabinoids, or 
57.32 	tetrahydrocannabinol:
58.1 	(1) drinks that do not contain alcohol and are packaged in sealed containers labeled for 
58.2 	retail sale;
58.3 	(2) books and videos on the cultivation and use of cannabis flower and cannabinoid 
58.4 	products;
58.5 	(3) magazines and other publications published primarily for information and education 
58.6 	on cannabis plants, cannabis flower, and cannabinoid products;
58.7 	(4) multiple-use bags designed to carry purchased items;
58.8 	(5) clothing marked with the specific name, brand, or identifying logo of the cannabis 
58.9 	retailer; and
58.10 	(6) hemp fiber products and products that contain hemp grain.
58.11 		Subd. 3.Age verification. (a) Prior to initiating a sale, an employee of a cannabis retailer 
58.12 	must verify that the customer is at least 21 years of age.
58.13 	(b) Proof of age may be established only by one of the following:
58.14 	(1) a valid driver's license or identification card issued by Minnesota, another state, or 
58.15 	a province of Canada, and including the photograph and date of birth of the licensed person;
58.16 	(2) a valid Tribal identification card as defined in section 171.072, paragraph (b);
58.17 	(3) a valid passport issued by the United States;
58.18 	(4) a valid instructional permit issued under section 171.05 to a person of legal age to 
58.19 	purchase adult-use cannabis or adult-use cannabinoid products, which includes a photograph 
58.20 	and the date of birth of the person issued the permit; or
58.21 	(5) in the case of a foreign national, by a valid passport.
58.22 	(c) A cannabis retailer may seize a form of identification listed under paragraph (b) if 
58.23 	the cannabis retailer has reasonable grounds to believe that the form of identification has 
58.24 	been altered or falsified or is being used to violate any law. A cannabis retailer that seizes 
58.25 	a form of identification as authorized under this paragraph must deliver it to a law 
58.26 	enforcement agency within 24 hours of seizing it.
58.27 		Subd. 4.Display of cannabis flower and cannabinoid products. (a) A cannabis retailer 
58.28 	must designate a retail area where customers are permitted. The retail area shall include the 
58.29 	portion of the premises where samples of cannabis flower and cannabinoid products available 
58.30 	for sale are displayed. All other cannabis flower and cannabinoid products must be stored 
58.31 	in the secure storage area.
59.1 	(b) A cannabis retailer may display one sample of each type of cannabis flower or 
59.2 	cannabinoid product available for sale. Samples of cannabis flower and cannabinoid products 
59.3 	must be stored in a sample jar or display case and be accompanied by a label or notice 
59.4 	containing the information required to be affixed to the packaging or container containing 
59.5 	cannabis flower and cannabinoid products sold to customers. A sample may not consist of 
59.6 	more than eight grams of adult-use cannabis flower or adult-use cannabis concentrate or an 
59.7 	edible cannabinoid product infused with more than 100 milligrams of tetrahydrocannabinol. 
59.8 	A cannabis retailer may allow customers to smell the cannabis flower or cannabinoid product 
59.9 	before purchase.
59.10 	(c) A cannabis retailer may not sell cannabis flower or cannabinoid products used as a 
59.11 	sample for display.
59.12 		Subd. 5.Posting of notices. A cannabis retailer must post all notices as required by the 
59.13 	office, including but not limited to:
59.14 	(1) information about any product recall;
59.15 	(2) a statement that operating a motor vehicle under the influence of intoxicating 
59.16 	cannabinoids is illegal; and
59.17 	(3) a statement that cannabis flower, cannabinoid products, and hemp-derived consumer 
59.18 	products are only intended for consumption by individuals who are at least 21 years of age.
59.19 		Subd. 6.Hours of operation. (a) Except as provided by paragraph (b), a cannabis retailer 
59.20 	may not sell cannabis flower, cannabinoid products, or hemp-derived consumer products 
59.21 	between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 
59.22 	2:00 a.m. and 10:00 a.m. on Sunday.
59.23 	(b) A city or county may adopt an ordinance to permit sales between 2:00 a.m. and 8:00 
59.24 	a.m. on the days of Monday through Saturday, or between 2:00 a.m. and 10:00 a.m. on 
59.25 	Sunday.
59.26 		Subd. 7.Building conditions. (a) A cannabis retailer shall maintain compliance with 
59.27 	state and local building, fire, and zoning requirements or regulations.
59.28 	(b) A cannabis retailer shall ensure that the licensed premises is maintained in a clean 
59.29 	and sanitary condition, free from infestation by insects, rodents, or other pests.
59.30 		Subd. 8.Security. A cannabis retailer shall maintain compliance with security 
59.31 	requirements established by the office including but not limited to requirements for 
59.32 	maintaining video surveillance records, use of specific locking mechanisms, establishment 
59.33 	of secure entries, and the number of employees working at all times.
60.1 		Subd. 9.Lighting. A cannabis retailer must keep all lighting outside and inside the 
60.2 	dispensary in good working order and wattage sufficient for security cameras.
60.3 		Subd. 10.Deliveries. Cannabis retailers may only accept deliveries of cannabis flower, 
60.4 	cannabinoid products, and hemp-derived consumer products into a limited access area. 
60.5 	Deliveries may not be accepted through the public access areas unless otherwise approved 
60.6 	by the office.
60.7 		Subd. 11.Prohibitions. A cannabis retailer shall not:
60.8 	(1) sell cannabis flower or cannabinoid products to a person who is visibly intoxicated;
60.9 	(2) knowingly sell more cannabis flower or cannabinoid products than a customer is 
60.10 	legally permitted to possess;
60.11 	(3) give away immature cannabis plants or seedlings, cannabis flower, cannabinoid 
60.12 	products, or hemp-derived consumer products;
60.13 	(4) operate a drive-through window;
60.14 	(5) allow for the dispensing of cannabis plants, cannabis flower, cannabinoid products, 
60.15 	or hemp-derived consumer products in vending machines; or
60.16 	(6) sell cannabis plants, cannabis flower, or cannabinoid products if the cannabis retailer 
60.17 	knows that any required security or statewide monitoring systems are not operational.
60.18 		Subd. 12.Retail location; physical separation required. (a) A licensed cannabis retailer 
60.19 	that is also a licensed medical cannabis retailer may sell medical cannabis flower and medical 
60.20 	cannabinoid products on a portion of its premises.
60.21 	(b) The portion of the premises in which medical cannabis flower and medical 
60.22 	cannabinoid products are sold must be definite and distinct from all other areas of the 
60.23 	cannabis retailer, must be accessed through a distinct entrance, and must provide an 
60.24 	appropriate space for a pharmacist employee of the medical cannabis retailer to consult with 
60.25 	the patient to determine the proper type of medical cannabis flower and medical cannabinoid 
60.26 	products and proper dosage for the patient.

60.27 	Sec. 27. [342.28] CANNABIS WHOLESALER LICENSING.
60.28 		Subdivision 1.Authorized actions. A cannabis wholesaler license entitles the license 
60.29 	holder to:
61.1 	(1) purchase immature cannabis plants and seedlings, cannabis flower, cannabinoid 
61.2 	products, and hemp-derived consumer products from cannabis cultivators, cannabis 
61.3 	manufacturers, cannabis microbusinesses, and industrial hemp growers;
61.4 	(2) sell immature cannabis plants and seedlings, cannabis flower, cannabinoid products, 
61.5 	and hemp-derived consumer products to cannabis manufacturers and cannabis retailers;
61.6 	(3) import hemp-derived consumer products and lower potency edible products that 
61.7 	contain hemp concentrate or artificially derived cannabinoids that are derived from hemp 
61.8 	plants or hemp plant parts; and
61.9 	(4) perform other actions approved by the office.
61.10 		Subd. 2.Additional information required. In addition to the information required to 
61.11 	be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section, 
61.12 	a person, cooperative, or business seeking a cannabis wholesaler license must submit the 
61.13 	following information in a form approved by the office:
61.14 	(1) an operating plan demonstrating the proposed layout of the facility including a 
61.15 	diagram of ventilation and filtration systems and policies to avoid sales to unlicensed 
61.16 	cannabis businesses; and
61.17 	(2) evidence that the business will comply with the applicable operation requirements 
61.18 	for the license being sought.
61.19 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
61.20 	cannabis wholesaler license may also hold a cannabis transporter license, a cannabis delivery 
61.21 	service license, and a cannabis event organizer license.
61.22 	(b) Except as provided in paragraph (a), no person, cooperative, or business holding a 
61.23 	cannabis wholesaler license may own or operate any other cannabis business.
61.24 	(c) The office by rule may limit the number of cannabis wholesaler licenses a person or 
61.25 	business may hold.
61.26 	(d) For purposes of this subdivision, a restriction on the number or type of license a 
61.27 	business may hold applies to every cooperative member or every director, manager, and 
61.28 	general partner of a cannabis business.

61.29 	Sec. 28. [342.29] CANNABIS WHOLESALER OPERATIONS.
61.30 		Subdivision 1.Separation of products. A cannabis wholesaler must ensure that cannabis 
61.31 	plants, cannabis flower, and cannabinoid products are physically separated from all other 
62.1 	products, including hemp-derived consumer products, in a manner that prevents any 
62.2 	cross-contamination.
62.3 		Subd. 2.Records and labels. A cannabis wholesaler must maintain accurate records 
62.4 	and ensure that appropriate labels remain affixed to cannabis plants, cannabis flower, 
62.5 	cannabinoid products, and hemp-derived consumer products.
62.6 		Subd. 3.Building conditions. (a) A cannabis wholesaler shall maintain compliance 
62.7 	with state and local building, fire, and zoning requirements or regulations.
62.8 	(b) A cannabis wholesaler shall ensure that the licensed premises is maintained in a 
62.9 	clean and sanitary condition, free from infestation by insects, rodents, or other pests.
62.10 		Subd. 4.Sale of other products. A cannabis wholesaler may purchase and sell other 
62.11 	products or items for which the cannabis wholesaler has a license or authorization or that 
62.12 	do not require a license or authorization. Products for which no license or authorization is 
62.13 	required include but are not limited to industrial hemp products, products that contain hemp 
62.14 	grain, and cannabis paraphernalia, including but not limited to childproof packaging 
62.15 	containers and other devices designed to ensure the safe storage and monitoring of cannabis 
62.16 	flower and cannabinoid products in the home to prevent access by individuals under 21 
62.17 	years of age.
62.18 		Subd. 5.Importation of hemp-derived products.  (a) A cannabis wholesaler that imports 
62.19 	lower potency edible products or hemp-derived consumer products, other than hemp-derived 
62.20 	topical products, that are manufactured outside the boundaries of the state of Minnesota 
62.21 	with the intent to sell the products to a cannabis retailer or lower potency edible product 
62.22 	retailer must obtain a hemp-derived product importer endorsement from the office.
62.23 	(b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell 
62.24 	products manufactured outside the boundaries of the state of Minnesota if:
62.25 	(1) the manufacturer is licensed in another jurisdiction and subject to regulations designed 
62.26 	to protect the health and safety of consumers that the office determines are substantially 
62.27 	similar to the regulations in this state; or
62.28 	(2) the cannabis wholesaler establishes, to the satisfaction of the office, that the 
62.29 	manufacturer engages in practices that are substantially similar to the practices required for 
62.30 	licensure of manufacturers in this state.
62.31 	(c) The cannabis wholesaler must enter all relevant information regarding an imported 
62.32 	product into the statewide monitoring system before the product may be distributed to a 
62.33 	licensed cannabis retailer or lower potency edible product retailer. Relevant information 
63.1 	includes information regarding the cultivation, processing, and testing of the industrial hemp 
63.2 	used in the manufacture of the product and information regarding the testing of the lower 
63.3 	potency edible product or hemp-derived consumer product. If information regarding the 
63.4 	industrial hemp, lower potency edible product, or hemp-derived consumer product was 
63.5 	submitted to a statewide monitoring system used in another state, the office may require 
63.6 	submission of any information provided to that statewide monitoring system and shall assist 
63.7 	in the transfer of data from another state as needed and in compliance with any data 
63.8 	classification established by either state.
63.9 	(d) The office may suspend, revoke, or cancel the endorsement of a distributor who is 
63.10 	prohibited from distributing products containing cannabinoids in any other jurisdiction, 
63.11 	convicted of an offense involving the distribution of products containing cannabinoids in 
63.12 	any other jurisdiction, or found liable for distributing any product that injured customers in 
63.13 	any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related 
63.14 	to actions in another jurisdiction. Failure to disclose relevant information may result in 
63.15 	disciplinary action by the office, including the suspension, revocation, or cancellation of 
63.16 	an endorsement or license.
63.17 	(e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or 
63.18 	criminal action that a licensed wholesaler relied on information on a product label or 
63.19 	otherwise provided by a manufacturer who is not licensed in this state.

63.20 	Sec. 29. [342.30] CANNABIS TRANSPORTER LICENSING.
63.21 		Subdivision 1.Authorized actions. A cannabis transporter license entitles the license 
63.22 	holder to transport immature cannabis plants and seedlings, cannabis flower, cannabinoid 
63.23 	products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, and 
63.24 	hemp-derived consumer products from cannabis cultivators, cannabis manufacturers, cannabis 
63.25 	wholesalers, cannabis microbusinesses, medical cannabis retailers, medical cannabis 
63.26 	processors, and industrial hemp growers to cannabis manufacturers, cannabis testing facilities, 
63.27 	cannabis wholesalers, cannabis retailers, lower potency edible product retailers, medical 
63.28 	cannabis processors, and medical cannabis retailers and perform other actions approved by 
63.29 	the office.
63.30 		Subd. 2.Additional information required. In addition to the information required to 
63.31 	be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section, 
63.32 	a person, cooperative, or business seeking a cannabis transporter license must submit the 
63.33 	following information in a form approved by the office:
64.1 	(1) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, 
64.2 	or other securities or agreements, in the amount of not less than $300,000, for loss of or 
64.3 	damage to cargo;
64.4 	(2) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer, 
64.5 	or other securities or agreements, in the amount of not less than $1,000,000, for injury to 
64.6 	one or more persons in any one accident and, if an accident has resulted in injury to or 
64.7 	destruction of property, of not less than $100,000 because of such injury to or destruction 
64.8 	of property of others in any one accident;
64.9 	(3) the number and type of equipment the business will use to transport cannabis flower 
64.10 	and cannabinoid products;
64.11 	(4) a loading, transporting, and unloading plan;
64.12 	(5) a description of the applicant's experience in the distribution or security business; 
64.13 	and
64.14 	(6) evidence that the business will comply with the applicable operation requirements 
64.15 	for the license being sought.
64.16 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
64.17 	cannabis transporter license may also hold a cannabis wholesaler license, a cannabis delivery 
64.18 	service license, and a cannabis event organizer license.
64.19 	(b) Except as provided in paragraph (a), no person, cooperative, or business holding a 
64.20 	cannabis transporter license may own or operate any other cannabis business.
64.21 	(c) The office by rule may limit the number of cannabis transporter licenses a person or 
64.22 	business may hold.
64.23 	(d) For purposes of this subdivision, restrictions on the number or type of license a 
64.24 	business may hold apply to every cooperative member or every director, manager, and 
64.25 	general partner of a cannabis business.

64.26 	Sec. 30. [342.31] CANNABIS TRANSPORTER OPERATIONS.
64.27 		Subdivision 1.Manifest required. Before transporting cannabis plants and seedlings, 
64.28 	cannabis flower, cannabinoid products, artificially derived cannabinoids, hemp plant parts, 
64.29 	or hemp-derived consumer products, a cannabis transporter shall obtain a shipping manifest 
64.30 	on a form established by the office. The manifest must be kept with the products at all times 
64.31 	and the cannabis transporter must maintain a copy of the manifest in its records.
65.1 		Subd. 2.Records of transportation. Records of transportation must be kept for a 
65.2 	minimum of three years at the cannabis transporter's place of business and are subject to 
65.3 	inspection upon request by the office or law enforcement agency. Records of transportation 
65.4 	include the following:
65.5 	(1) copies of transportation manifests for all deliveries;
65.6 	(2) a transportation log documenting the chain of custody for each delivery, including 
65.7 	every employee and vehicle used during transportation; and
65.8 	(3) financial records showing payment for transportation services.
65.9 		Subd. 3.Storage compartment. Cannabis plants and seedlings, cannabis flower, 
65.10 	cannabinoid products, artificially derived cannabinoids, hemp plant parts, and hemp-derived 
65.11 	consumer products must be transported in a locked, safe, and secure storage compartment 
65.12 	that is part of the motor vehicle or in a locked storage container that has a separate key or 
65.13 	combination pad. Cannabis plants and seedlings, cannabis flower, cannabinoid products, 
65.14 	artificially derived cannabinoids, hemp plant parts, and hemp-derived consumer products 
65.15 	may not be visible from outside the motor vehicle.
65.16 		Subd. 4.Identifying logos or business names prohibited. No vehicle or trailer may 
65.17 	contain an image depicting the types of items being transported, including but not limited 
65.18 	to an image depicting a cannabis or hemp leaf, or a name suggesting that the vehicle is used 
65.19 	in transporting cannabis plants and seedlings, cannabis flower, cannabinoid products, 
65.20 	artificially derived cannabinoids, hemp plant parts, or hemp-derived consumer products.
65.21 		Subd. 5.Randomized deliveries. A cannabis transporter shall ensure that all delivery 
65.22 	times and routes are randomized.
65.23 		Subd. 6.Multiple employees. All cannabis transporter vehicles transporting cannabis 
65.24 	plants and seedlings, cannabis flower, cannabinoid products, artificially derived cannabinoids, 
65.25 	hemp plant parts, or hemp-derived consumer products must be staffed with a minimum of 
65.26 	two employees. At least one delivery team member shall remain with the motor vehicle at 
65.27 	all times that the motor vehicle contains cannabis plants and seedlings, cannabis flower, 
65.28 	cannabinoid products, artificially derived cannabinoids, hemp plant parts, or hemp-derived 
65.29 	consumer products.
65.30 		Subd. 7.Nonemployee passengers prohibited. Only a cannabis worker employed by 
65.31 	or contracted with the cannabis transporter and who is at least 21 years of age may transport 
65.32 	cannabis plants and seedlings, cannabis flower, cannabinoid products, artificially derived 
66.1 	cannabinoids, hemp plant parts, or hemp-derived consumer products. All passengers in a 
66.2 	vehicle must be cannabis workers employed by or contracted with the cannabis transporter.
66.3 		Subd. 8.Drivers license required. All drivers must carry a valid driver's license with 
66.4 	the proper endorsements when operating a vehicle transporting cannabis plants and seedlings, 
66.5 	cannabis flower, or cannabinoid products.
66.6 		Subd. 9.Vehicles subject to inspection. Any vehicle assigned for the purposes of 
66.7 	transporting cannabis plants and seedlings is subject to inspection and may be stopped or 
66.8 	inspected at any licensed cannabis business or while en route during transportation.

66.9 	Sec. 31. [342.32] CANNABIS TESTING FACILITY LICENSING.
66.10 		Subdivision 1.Authorized actions. A cannabis testing facility license entitles the license 
66.11 	holder to obtain and test immature cannabis plants and seedlings, cannabis flower, 
66.12 	cannabinoid products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, 
66.13 	and hemp-derived consumer products from cannabis cultivators, cannabis manufacturers, 
66.14 	cannabis wholesalers, cannabis microbusinesses, medical cannabis cultivators, medical 
66.15 	cannabis processors, and industrial hemp growers.
66.16 		Subd. 2.Additional information required. In addition to the information required to 
66.17 	be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section, 
66.18 	a person, cooperative, or business seeking a cannabis testing facility license must submit 
66.19 	the following information in a form approved by the office:
66.20 	(1) an operating plan demonstrating the proposed layout of the facility, including a 
66.21 	diagram of ventilation and filtration systems and policies to avoid sales to unlicensed 
66.22 	businesses;
66.23 	(2) proof of accreditation by a laboratory accrediting organization approved by the office 
66.24 	that, at a minimum, requires a laboratory to operate formal management systems under the 
66.25 	International Organization for Standardization; and
66.26 	(3) evidence that the business will comply with the applicable operation requirements 
66.27 	for the license being sought.
66.28 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
66.29 	cannabis testing facility license may not own or operate, or be employed by, any other 
66.30 	cannabis business.
66.31 	(b) The office by rule may limit the number of cannabis testing facility licenses a person 
66.32 	or business may hold.
67.1 	(c) For purposes of this subdivision, a restriction on the number of licenses a business 
67.2 	may hold applies to every cooperative member or every director, manager, and general 
67.3 	partner of a cannabis business.

67.4 	Sec. 32. [342.33] CANNABIS TESTING FACILITY OPERATIONS.
67.5 		Subdivision 1.Testing services. A cannabis testing facility shall provide some or all 
67.6 	testing services required under section 342.60 and rules adopted pursuant to that section.
67.7 		Subd. 2.Testing protocols. A cannabis testing facility shall follow all testing protocols, 
67.8 	standards, and criteria adopted by rule by the office for the testing of different forms of 
67.9 	cannabis flower and cannabinoid products; determining batch size; sampling; testing validity; 
67.10 	and approval and disapproval of tested cannabis plants and seedlings, cannabis flower, 
67.11 	cannabinoid products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, 
67.12 	and hemp-derived consumer products.
67.13 		Subd. 3.Records. Records of all business transactions and testing results; records 
67.14 	required to be maintained pursuant to any applicable standards for accreditation; and records 
67.15 	relevant to testing protocols, standards, and criteria adopted by the office must be kept for 
67.16 	a minimum of three years at the cannabis testing facility's place of business and are subject 
67.17 	to inspection upon request by the office or law enforcement agency.
67.18 		Subd. 4.Disposal of cannabis flower and cannabinoid products. A testing facility 
67.19 	shall dispose of or destroy used, unused, and waste cannabis plants and seedlings, cannabis 
67.20 	flower, cannabinoid products, hemp plant parts, hemp concentrate, artificially derived 
67.21 	cannabinoids, and hemp-derived consumer products pursuant to rules adopted by the office.

67.22 	Sec. 33. [342.34] CANNABIS MICROBUSINESS LICENSING.
67.23 		Subdivision 1.Authorized actions. A cannabis microbusiness license, consistent with 
67.24 	the specific license endorsement or endorsements, entitles the license holder to perform any 
67.25 	or all of the following:
67.26 	(1) grow cannabis plants from seed or immature plant to mature plant, harvest cannabis 
67.27 	flower from a mature plant and package and label cannabis flower for sale to other cannabis 
67.28 	businesses;
67.29 	(2) create cannabis concentrate;
67.30 	(3) manufacture cannabinoid products for public consumption;
68.1 	(4) purchase cannabis concentrate and hemp concentrate from a cannabis manufacturer, 
68.2 	cannabis wholesaler, or licensed hemp grower for use in manufacturing cannabinoid products;
68.3 	(5) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use 
68.4 	cannabinoid products, hemp-derived consumer products, and other products authorized by 
68.5 	law to customers;
68.6 	(6) operate an establishment that permits on-site consumption of edible cannabinoid 
68.7 	products; and
68.8 	(7) perform other actions approved by the office.
68.9 		Subd. 2.Additional information required. In addition to the information required to 
68.10 	be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section, 
68.11 	a person, cooperative, or business seeking a cannabis microbusiness license must submit 
68.12 	the following information in a form approved by the office:
68.13 	(1) an operating plan demonstrating the proposed layout of the facility, including a 
68.14 	diagram of ventilation and filtration systems; plans for wastewater and waste disposal for 
68.15 	any cultivation or manufacturing activities; plans for providing electricity, water, and other 
68.16 	utilities necessary for the normal operation of any cultivation or manufacturing activities; 
68.17 	plans for compliance with applicable building code and federal and state environmental and 
68.18 	workplace safety requirements and policies; and plans to avoid sales to unlicensed cannabis 
68.19 	businesses and individuals under 21 years of age;
68.20 	(2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest 
68.21 	cannabis flower, a cultivation plan demonstrating the proposed size and layout of the 
68.22 	cultivation facility that will be used exclusively for cultivation including the total amount 
68.23 	of plant canopy;
68.24 	(3) if the applicant is seeking an endorsement to create cannabis concentrate, information 
68.25 	identifying all methods of extraction and concentration that the applicant intends to use and 
68.26 	the volatile chemicals, if any, that will be involved in extraction or concentration; and
68.27 	(4) evidence that the applicant will comply with the applicable operation requirements 
68.28 	for the license being sought.
68.29 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
68.30 	cannabis microbusiness license may also hold a cannabis event organizer license.
68.31 	(b) Except as provided in paragraph (a), no person, cooperative, or business holding a 
68.32 	cannabis microbusiness license may own or operate any other cannabis business.
69.1 	(c) The office by rule may limit the number of cannabis microbusiness licenses that a 
69.2 	person or business may hold.
69.3 	(d) For purposes of this subdivision, a restriction on the number or type of license that 
69.4 	a business may hold applies to every cooperative member or every director, manager, and 
69.5 	general partner of a cannabis business.

69.6 	Sec. 34. [342.35] CANNABIS MICROBUSINESS OPERATIONS.
69.7 		Subdivision 1.Cultivation endorsement. (a) A cannabis microbusiness that cultivates 
69.8 	cannabis plants and harvests cannabis flower must comply with the requirements in section 
69.9 	342.23.
69.10 	(b) A cannabis microbusiness that cultivates cannabis may cultivate not more than 2,000 
69.11 	square feet of plant canopy unless the office, by rule, increases that limit. The office may, 
69.12 	by rule, increase the limit on plant canopy to no more than 5,000 square feet if the office 
69.13 	determines that expansion is consistent with the goals identified in section 342.02, subdivision 
69.14 	1.
69.15 		Subd. 2.Extraction and concentration endorsement. A cannabis microbusiness that 
69.16 	creates cannabis concentrate must comply with the requirements in section 342.25, 
69.17 	subdivisions 1 and 2.
69.18 		Subd. 3.Production of customer products endorsement. A cannabis microbusiness 
69.19 	that manufacturers edible cannabinoid products must comply with the requirements in 
69.20 	section 342.25, subdivisions 1 and 3.
69.21 		Subd. 4.Retail operations endorsement. A cannabis microbusiness that operates a 
69.22 	retail location must comply with the requirements in section 342.27.
69.23 		Subd. 5.On-site consumption endorsement. (a) A cannabis microbusiness may permit 
69.24 	on-site consumption of edible cannabinoid products on a portion of its premises.
69.25 	(b) The portion of the premises in which on-site consumption is permitted must be 
69.26 	definite and distinct from all other areas of the microbusiness and must be accessed through 
69.27 	a distinct entrance.
69.28 	(c) Edible cannabinoid products sold for on-site consumption must comply with this 
69.29 	chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and 
69.30 	labeling of cannabinoid products.
70.1 	(d) Edible cannabinoid products sold for on-site consumption must be served in the 
70.2 	required packaging, but may be removed from the products' packaging by customers and 
70.3 	consumed on site.
70.4 	(e) Food and beverages not otherwise prohibited by this subdivision may be prepared 
70.5 	and sold on site provided that the cannabis microbusiness complies with all relevant state 
70.6 	and local laws, ordinances, licensing requirements, and zoning requirements.
70.7 	(f) A cannabis microbusiness shall ensure that the display and consumption of any edible 
70.8 	cannabinoid product is not visible from outside of the licensed premises of the business.
70.9 	(g) A cannabis microbusiness may offer recorded or live entertainment provided that 
70.10 	the cannabis microbusiness complies with all relevant state and local laws, ordinances, 
70.11 	licensing requirements, and zoning requirements.
70.12 	(h) A cannabis microbusiness may not:
70.13 	(1) sell edible cannabinoid products to an individual who is under 21 years of age;
70.14 	(2) permit an individual who is under 21 years of age to enter the premises;
70.15 	(3) sell more than one single serving of an edible cannabinoid product to a customer;
70.16 	(4) sell an edible cannabinoid product to a person who is visibly intoxicated;
70.17 	(5) sell or allow the sale or consumption of alcohol or tobacco on the premises;
70.18 	(6) sell products that are intended to be eaten or consumed as a drink, other than packaged 
70.19 	and labeled edible cannabinoid products, that contain cannabis flower or hemp plant parts 
70.20 	or are infused with cannabis concentrate, hemp concentrate, or artificially derived 
70.21 	cannabinoids;
70.22 	(7) permit edible cannabinoid products sold in the portion of the area designated for 
70.23 	on-site consumption to be removed from that area;
70.24 	(8) permit adult-use cannabis flower, adult-use cannabinoid products, or tobacco to be 
70.25 	consumed through smoking or a vaporized delivery method on the premises; or
70.26 	(9) distribute or allow free samples of adult-use cannabis flower, adult-use cannabinoid 
70.27 	products, or hemp-derived consumer products.

70.28 	Sec. 35. [342.36] CANNABIS EVENT ORGANIZER LICENSING.
70.29 		Subdivision 1.Authorized actions. A cannabis event organizer license entitles the 
70.30 	license holder to organize a temporary cannabis event lasting no more than four days.
71.1 		Subd. 2.Additional information required. (a) In addition to the information required 
71.2 	to be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that 
71.3 	section, a person, cooperative, or business seeking a cannabis event organizer license must 
71.4 	submit the following information in a form approved by the office:
71.5 	(1) the type and number of any other cannabis business license held by the applicant;
71.6 	(2) the address and location where the temporary cannabis event will take place;
71.7 	(3) the name of the temporary cannabis event;
71.8 	(4) a diagram of the physical layout of the temporary cannabis event showing where the 
71.9 	event will take place on the grounds, all entrances and exits that will be used by participants 
71.10 	during the event, all cannabis consumption areas, all cannabis retail areas where cannabis 
71.11 	flower and cannabinoid products will be sold, the location where cannabis waste will be 
71.12 	stored, and any location where cannabis flower and cannabinoid products will be stored;
71.13 	(5) a list of the name, number, and type of cannabis businesses that will sell cannabis 
71.14 	plants, adult-use cannabis flower, adult-use cannabinoid products, and hemp-derived 
71.15 	consumer products at the event, which may be supplemented or amended within 72 hours 
71.16 	of the time at which the cannabis event begins;
71.17 	(6) the dates and hours during which the cannabis event will take place;
71.18 	(7) proof of local approval for the cannabis event; and
71.19 	(8) evidence that the business will comply with the applicable operation requirements 
71.20 	for the license being sought.
71.21 	(b) A person, cooperative, or business seeking a cannabis event organizer license may 
71.22 	also disclose whether the person or any officer, director, manager, and general partner of a 
71.23 	cannabis business is serving or has previously served in the military.
71.24 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
71.25 	cannabis event organizer license may not hold a cannabis testing facility license.
71.26 	(b) The office by rule may limit the number of cannabis event licenses that a person or 
71.27 	business may hold.
71.28 	(c) For purposes of this subdivision, restrictions on the number or type of license that a 
71.29 	business may hold apply to every cooperative member or every director, manager, and 
71.30 	general partner of a cannabis business.

72.1 	Sec. 36. [342.37] CANNABIS EVENT ORGANIZER OPERATIONS.
72.2 		Subdivision 1.Local approval. A cannabis event organizer must receive local approval, 
72.3 	including obtaining any necessary permits or licenses issued by a local unit of government, 
72.4 	before holding a cannabis event.
72.5 		Subd. 2.Charging fees. (a) A cannabis event organizer may charge an entrance fee to 
72.6 	a cannabis event.
72.7 	(b) A cannabis event organizer may charge a fee to a cannabis business in exchange for 
72.8 	space to display and sell cannabis flower and cannabinoid products. Any fee paid for 
72.9 	participation in a cannabis event shall not be based on or tied to the sale of cannabis plants, 
72.10 	adult-use cannabis flower, adult-use cannabinoid products, or hemp-derived consumer 
72.11 	products.
72.12 		Subd. 3.Security. A cannabis event organizer must hire or contract for licensed security 
72.13 	personnel to provide security services at the cannabis event. All security personnel hired or 
72.14 	contracted for shall be at least 21 years of age and present on the licensed event premises 
72.15 	at all times that cannabinoid products are available for sale or consumption of adult-use 
72.16 	cannabis flower or adult-use cannabinoid products is allowed. The security personnel shall 
72.17 	not consume cannabis flower or cannabinoid products for at least 24 hours before the event 
72.18 	or during the event.
72.19 		Subd. 4.Limited access to event. A cannabis event organizer shall ensure that access 
72.20 	to an event is limited to individuals who are at least 21 years of age. At or near each public 
72.21 	entrance to any area where the sale or consumption of adult-use cannabis flower or adult-use 
72.22 	cannabinoid products is allowed, a cannabis event organizer shall maintain a clearly visible 
72.23 	and legible sign consisting of the following statement: No persons under 21 allowed. The 
72.24 	lettering of the sign shall be not less than one inch in height.
72.25 		Subd. 5.Cannabis waste. A cannabis event organizer shall ensure that all used, unused, 
72.26 	and waste cannabis plants, cannabis flower, cannabinoid products, and hemp-derived 
72.27 	consumer products that are not removed by a customer or cannabis business are disposed 
72.28 	of in a manner approved by the office.
72.29 		Subd. 6.Transportation of cannabis plants, flower, and products. All transportation 
72.30 	of cannabis plants, adult-use cannabis flower, adult-use cannabinoid products, and 
72.31 	hemp-derived consumer products intended for display or sale and all cannabis plants, 
72.32 	adult-use cannabis flower, adult-use cannabinoid products, and hemp-derived consumer 
72.33 	products used for display or not sold during the cannabis event must be transported to and 
72.34 	from the cannabis event by a licensed cannabis transporter.
73.1 		Subd. 7.Cannabis event sales. (a) Licensed cannabis retailers and licensed cannabis 
73.2 	microbusinesses with an endorsement to sell cannabis plants, adult-use cannabis flower, 
73.3 	adult-use cannabinoid products, and hemp-derived consumer products to customers, including 
73.4 	the cannabis event organizer, may sell cannabis plants, adult-use cannabis flower, adult-use 
73.5 	cannabinoid products, and hemp-derived consumer products to customers at a cannabis 
73.6 	event.
73.7 	(b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabinoid 
73.8 	products, and hemp-derived consumer products at a cannabis event must take place in a 
73.9 	retail area as designated in the premises diagram.
73.10 	(c) Licensed cannabis retailers and licensed cannabis microbusinesses may only conduct 
73.11 	sales within their specifically assigned area.
73.12 	(d) Licensed cannabis retailers and licensed cannabis microbusinesses must verify the 
73.13 	age of all customers pursuant to section 342.27, subdivision 3, before completing a sale and 
73.14 	may not sell cannabis flower or cannabinoid products to an individual under 21 years of 
73.15 	age.
73.16 	(e) Licensed cannabis retailers and licensed cannabis microbusinesses may display one 
73.17 	sample of each type of cannabis plant, adult-use cannabis flower, adult-use cannabinoid 
73.18 	product, and hemp-derived consumer product available for sale. Samples of adult-use 
73.19 	cannabis and adult-use cannabinoid products must be stored in a sample jar or display case 
73.20 	and be accompanied by a label or notice containing the information required to be affixed 
73.21 	to the packaging or container containing adult-use cannabis flower and adult-use cannabinoid 
73.22 	products sold to customers. A sample may not consist of more than eight grams of adult-use 
73.23 	cannabis flower or adult-use cannabis concentrate, or an edible cannabinoid product infused 
73.24 	with more than 100 milligrams of tetrahydrocannabinol. A cannabis retailer may allow 
73.25 	customers to smell the adult-use cannabis flower or adult-use cannabinoid product before 
73.26 	purchase.
73.27 	(f) The notice requirements under section 342.27, subdivision 5, apply to licensed 
73.28 	cannabis retailers and licensed cannabis microbusinesses offering cannabis plants, adult-use 
73.29 	cannabis flower, adult-use cannabinoid products, and hemp-derived consumer products for 
73.30 	sale at a cannabis event.
73.31 	(g) Licensed cannabis retailers and licensed cannabis microbusinesses may not:
73.32 	(1) sell adult-use cannabis flower or adult-use cannabinoid products to a person who is 
73.33 	visibly intoxicated;
74.1 	(2) knowingly sell more adult-use cannabis flower or adult-use cannabinoid products 
74.2 	than a customer is legally permitted to possess;
74.3 	(3) sell medical cannabis flower or medical cannabinoid products;
74.4 	(4) give away cannabis plants, cannabis flower, cannabinoid products, or hemp-derived 
74.5 	consumer products; or
74.6 	(5) allow for the dispensing of cannabis plants, cannabis flower, cannabinoid products, 
74.7 	or hemp-derived consumer products in vending machines.
74.8 	(h) Except for samples of adult-use cannabis flower and adult-use cannabinoid products, 
74.9 	all adult-use cannabis flower and adult-use cannabinoid products for sale at a cannabis event 
74.10 	must be stored in a secure, locked container that is not accessible to the public. Adult-use 
74.11 	cannabis flower and adult-use cannabinoid products being stored at a cannabis event shall 
74.12 	not be left unattended.
74.13 	(i) All cannabis plants, adult-use cannabis flower, adult-use cannabinoid products, or 
74.14 	hemp-derived consumer products for sale at a cannabis event must comply with this chapter 
74.15 	and rules adopted pursuant to this chapter regarding the testing, packaging, and labeling of 
74.16 	those items.
74.17 	(j) All cannabis plants, adult-use cannabis flower, and adult-use cannabinoid products 
74.18 	sold, damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring 
74.19 	system.
74.20 		Subd. 8.Cannabis event on-site consumption. (a) If approved by the local unit of 
74.21 	government, a cannabis event may designate an area for consumption of adult-use cannabis 
74.22 	flower, adult-use cannabinoid products, or both.
74.23 	(b) Access to areas where consumption of adult-use cannabis flower or adult-use 
74.24 	cannabinoid products is allowed shall be restricted to individuals who are at least 21 years 
74.25 	of age.
74.26 	(c) The cannabis event organizer shall ensure that consumption of adult-use cannabis 
74.27 	flower or adult-use cannabinoid products within a designated consumption area is not visible 
74.28 	from any public place.
74.29 	(d) The cannabis event organizer shall not permit consumption of alcohol or tobacco.

74.30 	Sec. 37. [342.38] CANNABIS DELIVERY SERVICE LICENSING.
74.31 		Subdivision 1.Authorized actions. A cannabis delivery service license entitles the 
74.32 	license holder to purchase cannabis flower, cannabinoid products, and hemp-derived 
75.1 	consumer products from licensed cannabis retailers, licensed cannabis microbusinesses with 
75.2 	an endorsement to sell adult-use cannabis flower and adult-use cannabinoid products to 
75.3 	customers, and medical cannabis retailers; transport and deliver cannabis flower, cannabinoid 
75.4 	products, and hemp-derived consumable products to customers; and perform other actions 
75.5 	approved by the office.
75.6 		Subd. 2.Additional information required. In addition to the information required to 
75.7 	be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section, 
75.8 	a person, cooperative, or business seeking a cannabis delivery service license must submit 
75.9 	the following information in a form approved by the office:
75.10 	(1) a list of all vehicles to be used in the delivery of cannabis flower, cannabinoid 
75.11 	products, and hemp-derived consumer products including:
75.12 	(i) the vehicle make, model, and color;
75.13 	(ii) the vehicle identification number; and
75.14 	(iii) the license plate number;
75.15 	(2) proof of insurance for each vehicle;
75.16 	(3) a business plan demonstrating policies to avoid sales of cannabis flower, cannabinoid 
75.17 	products, and hemp-derived consumer products to individuals who are under 21 years of 
75.18 	age and plans to prevent the visibility of cannabis flower, cannabinoid products, and 
75.19 	hemp-derived consumer products to individuals outside the delivery vehicle; and
75.20 	(4) evidence that the business will comply with the applicable operation requirements 
75.21 	for the license being sought.
75.22 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
75.23 	cannabis delivery service license may also hold a cannabis retailer license, a cannabis 
75.24 	wholesaler license, a cannabis transporter license, a cannabis event organizer license, and 
75.25 	a medical cannabis retailer license subject to the ownership limitations that apply to those 
75.26 	licenses.
75.27 	(b) Except as provided in paragraph (a), no person, cooperative, or business holding a 
75.28 	cannabis delivery service license may own or operate any other cannabis business.
75.29 	(c) The office by rule may limit the number of cannabis delivery service licenses that a 
75.30 	person or business may hold.
76.1 	(d) For purposes of this subdivision, a restriction on the number or type of license that 
76.2 	a business may hold applies to every cooperative member or every director, manager, and 
76.3 	general partner of a cannabis business.

76.4 	Sec. 38. [342.39] CANNABIS DELIVERY SERVICE OPERATIONS.
76.5 		Subdivision 1.Age or registry verification. Prior to completing a delivery, a cannabis 
76.6 	delivery service shall verify that the customer is at least 21 years of age or is enrolled in the 
76.7 	registry program. Section 342.27, subdivision 3, applies to the verification of a customer's 
76.8 	age. Registry verification issued by the Division of Medical Cannabis may be considered 
76.9 	evidence that the person is enrolled in the registry program.
76.10 		Subd. 2.Records. The office by rule shall establish record-keeping requirements for a 
76.11 	cannabis delivery service, including but not limited to proof of delivery to individuals who 
76.12 	are at least 21 years of age or enrolled in the registry program.
76.13 		Subd. 3.Amount to be transported. The office by rule shall establish limits on the 
76.14 	amount of cannabis flower, cannabinoid products, and hemp-derived consumer products 
76.15 	that a cannabis delivery service may transport.
76.16 		Subd. 4.Statewide monitoring system. Receipt of cannabis flower and cannabinoid 
76.17 	products by the cannabis delivery service and a delivery to a customer must be recorded in 
76.18 	the statewide monitoring system within the time established by rule.
76.19 		Subd. 5.Storage compartment. Cannabis flower, cannabinoid products, and 
76.20 	hemp-derived consumer products must be transported in a locked, safe, and secure storage 
76.21 	compartment that is part of the cannabis delivery service vehicle or in a locked storage 
76.22 	container that has a separate key or combination pad. Cannabis flower, cannabinoid products, 
76.23 	and hemp-derived consumer products may not be visible from outside the cannabis delivery 
76.24 	service vehicle.
76.25 		Subd. 6.Identifying logos or business names prohibited. No cannabis delivery service 
76.26 	vehicle or trailer may contain an image depicting the types of items being transported, 
76.27 	including but not limited to an image depicting a cannabis or hemp leaf, or a name suggesting 
76.28 	that the cannabis delivery service vehicle is used for transporting cannabis flower, 
76.29 	cannabinoid products, or hemp-derived consumer products.
76.30 		Subd. 7.Nonemployee passengers prohibited. Only a cannabis worker employed by 
76.31 	or contracted with the cannabis delivery service and who is at least 21 years of age may 
76.32 	transport cannabis flower, cannabinoid products, or hemp-derived consumer products. All 
77.1 	passengers in a cannabis delivery service vehicle must be cannabis workers employed by 
77.2 	or contracted with the cannabis delivery service.
77.3 		Subd. 8.Vehicles subject to inspection. Any cannabis delivery service vehicle is subject 
77.4 	to inspection and may be stopped or inspected at any licensed cannabis business or while 
77.5 	en route during transportation.

77.6 	Sec. 39. [342.40] LOWER POTENCY EDIBLE PRODUCT RETAILER LICENSING.
77.7 		Subdivision 1.Authorized actions. A lower potency edible product retailer license 
77.8 	entitles the license holder to:
77.9 	(1) purchase lower potency edible products from cannabis manufacturers, cannabis 
77.10 	wholesalers, and cannabis microbusinesses;
77.11 	(2) sell lower potency edible products to customers; and
77.12 	(3) perform other actions approved by the office.
77.13 		Subd. 2.Licensing exceptions; requirements. (a) Except as otherwise provided in this 
77.14 	subdivision, the provisions of this chapter relating to license applications, license selection 
77.15 	criteria, general ownership disqualifications and requirements, and general operational 
77.16 	requirements do not apply to a lower potency edible product license or licensee.
77.17 	(b) A license applicant or, in the case of a business entity, every cooperative member 
77.18 	or director, manager and general partner of the business entity must submit a completed 
77.19 	criminal history records check consent form, a full set of classifiable fingerprints, and the 
77.20 	required fees to the office. Upon receipt of this information, the office must submit the 
77.21 	completed criminal history records check consent form, full set of classifiable fingerprints, 
77.22 	and required fees to the Bureau of Criminal Apprehension. After receiving this information, 
77.23 	the bureau must conduct a Minnesota criminal history records check of the license applicant. 
77.24 	The bureau may exchange a license applicant's fingerprints with the Federal Bureau of 
77.25 	Investigation to obtain the applicant's national criminal history record information. The 
77.26 	bureau must return the results of the Minnesota and federal criminal history records checks 
77.27 	to the director to determine if the applicant is disqualified under section 342.20.
77.28 	(c) The office may issue a lower potency edible products license to an applicant who:
77.29 	(1) is at least 21 years of age;
77.30 	(2) has completed an application for licensure or application for renewal and has fully 
77.31 	and truthfully complied with all information requests relating to license application and 
77.32 	renewal;
78.1 	(3) registers with the statewide monitoring system;
78.2 	(4) is not employed by the office or any state agency with regulatory authority over this 
78.3 	chapter; and
78.4 	(5) is not disqualified under section 342.20, subdivision 2.
78.5 	(d) Licenses must be renewed annually. The office may charge an application fee not 
78.6 	to exceed $250 to cover the costs associated with reviewing and processing applications 
78.7 	but must not charge a licensing fee.
78.8 	(e) Licenses may not be transferred.
78.9 		Subd. 3.Multiple licenses; limits. (a) A person, cooperative, or business holding a 
78.10 	lower potency edible product license may not own, operate, or be employed by any other 
78.11 	cannabis business.
78.12 	(b) A person, cooperative, or business holding a lower potency edible product license 
78.13 	may hold an off-sale or on-sale license for the sale of 3.2 percent malt liquor, an on-sale 
78.14 	intoxicating liquor license, an off-sale intoxicating liquor license, or a combination off-sale 
78.15 	and on-sale intoxicating liquor license.

78.16 	Sec. 40. [342.41] LOWER POTENCY EDIBLE PRODUCT RETAILER 
78.17 	OPERATIONS.
78.18 		Subdivision 1.Sale of lower potency edible products. (a) A lower potency edible 
78.19 	product retailer may only sell lower potency edible products to individuals who are at least 
78.20 	21 years of age.
78.21 	(b) A lower potency edible product retailer may sell lower potency edible products that:
78.22 	(1) are obtained from a licensed Minnesota cannabis manufacturer, cannabis 
78.23 	microbusiness, or cannabis wholesaler; and
78.24 	(2) meet all applicable packaging and labeling requirements.
78.25 		Subd. 2.Sale of other products. A lower potency edible product retailer may sell other 
78.26 	products or items for which the lower potency edible product retailer has a license or 
78.27 	authorization or that do not require a license or authorization.
78.28 		Subd. 3.Age verification. Prior to initiating a sale, an employee of the lower potency 
78.29 	edible product retailer must verify that the customer is at least 21 years of age. Section 
78.30 	342.27, subdivision 3, applies to the verification of a customer's age.
79.1 		Subd. 4.Display and storage of lower potency edible products. A lower potency 
79.2 	edible product retailer shall ensure that all lower potency edible products are displayed 
79.3 	behind a checkout counter where the public is not permitted. All lower potency edible 
79.4 	products that are not displayed must be stored in a secure area.
79.5 		Subd. 5.Compliant products. A lower potency edible product retailer shall ensure that 
79.6 	all lower potency edible products offered for sale comply with the limits on the amount and 
79.7 	types of cannabinoids that a lower potency edible product can contain, including but not 
79.8 	limited to the requirement that lower potency edible products:
79.9 	(1) be packaged in servings that contain no more than five milligrams of delta-9 
79.10 	tetrahydrocannabinol per serving, 25 milligrams of cannabidiol per serving, 25 milligrams 
79.11 	of cannabigerol per serving, or any combination of those cannabinoids that does not exceed 
79.12 	the identified amounts;
79.13 	(2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids;
79.14 	(3) do not contain an artificially derived cannabinoid other than delta-9 
79.15 	tetrahydrocannabinol; and
79.16 	(4) if the package contains more than one serving, indicate each serving by scoring, 
79.17 	wrapping, or other indicators that appear on the lower potency edible product designating 
79.18 	the individual serving size.
79.19 		Subd. 6.On-site consumption. (a) A lower potency edible product retailer that also 
79.20 	holds an on-sale license for the sale of 3.2 percent malt liquor, an on-sale intoxicating liquor 
79.21 	license, or a combination off-sale and on-sale intoxicating liquor license may sell lower 
79.22 	potency edible products that are intended to be consumed as a beverage for on-site 
79.23 	consumption.
79.24 	(b) lower potency edible products sold for on-site consumption must comply with this 
79.25 	chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and 
79.26 	labeling of cannabinoid products.
79.27 	(c) lower potency edible products sold for on-site consumption must be served in the 
79.28 	required packaging, but may be removed from the products' packaging by customers and 
79.29 	consumed on site.
79.30 	(d) Food and beverages not otherwise prohibited by this subdivision may be prepared 
79.31 	and sold on site provided that the lower potency edible product retailer complies with all 
79.32 	relevant state and local laws, ordinances, licensing requirements, and zoning requirements.
80.1 	(e) A lower potency edible product retailer may offer recorded or live entertainment 
80.2 	provided that the lower potency edible product retailer complies with all relevant state and 
80.3 	local laws, ordinances, licensing requirements, and zoning requirements.
80.4 	(f) A lower potency edible product retailer may not:
80.5 	(1) sell lower potency edible products to an individual who is under 21 years of age;
80.6 	(2) sell lower potency edible products to a customer who the lower potency edible product 
80.7 	retailer knows or reasonably should know has consumed alcohol sold or provided by the 
80.8 	lower potency edible product retailer within the previous five hours;
80.9 	(3) sell a lower potency edible product to a person who is visibly intoxicated;
80.10 	(4) sell cannabis flower, hemp-derived consumer products, or any cannabinoid product 
80.11 	other than lower potency edible products that are intended to be consumed as a beverage;
80.12 	(5) permit lower potency edible products that have been removed from the products' 
80.13 	packaging to be removed from the premises of the lower potency edible product retailer;
80.14 	(6) allow for the dispensing of lower potency edible products in vending machines;
80.15 	(7) sell lower potency edible products when the statewide monitoring system is not 
80.16 	operational; or
80.17 	(8) distribute or allow free samples of lower potency edible products.
80.18 		Subd. 7.Statewide monitoring system. (a) A lower potency edible product retailer 
80.19 	shall record all lower potency edible products it receives in the statewide monitoring system.
80.20 	(b) A lower potency edible product retailer shall record all lower potency edible products 
80.21 	sold, damaged, or destroyed in the statewide monitoring system.
80.22 		Subd. 8.Posting of notices. A lower potency edible product retailer must post all notices 
80.23 	as provided in section 342.27, subdivision 5.
80.24 		Subd. 9.Building conditions. (a) A lower potency edible product retailer shall maintain 
80.25 	compliance with state and local building, fire, and zoning requirements or regulations.
80.26 	(b) A lower potency edible product retailer shall ensure that the licensed premises is 
80.27 	maintained in a clean and sanitary condition, free from infestation by insects, rodents, or 
80.28 	other pests.
80.29 		Subd. 10.Enforcement. The office shall inspect lower potency cannabinoid product 
80.30 	retailers and take enforcement action as provided in sections 342.18 and 342.19.

81.1 	Sec. 41. [342.42] MEDICAL CANNABIS BUSINESS LICENSES.
81.2 		Subdivision 1.License types. (a) The office shall issue the following types of medical 
81.3 	cannabis business licenses:
81.4 	(1) medical cannabis cultivator;
81.5 	(2) medical cannabis processor; and
81.6 	(3) medical cannabis retailer.
81.7 	(b) The Division of Medical Cannabis may oversee the licensing and regulation of 
81.8 	medical cannabis businesses.
81.9 		Subd. 2.Multiple licenses; limits. (a) A person, cooperative, or business holding:
81.10 	(1) a medical cannabis cultivator license may also hold a medical cannabis processor 
81.11 	license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event 
81.12 	organizer license subject to the ownership limitations that apply to those licenses;
81.13 	(2) a medical cannabis processor license may also hold a medical cannabis cultivator 
81.14 	license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event 
81.15 	organizer license subject to the ownership limitations that apply to those licenses; or
81.16 	(3) a medical cannabis retailer license may also hold a cannabis retailer license, a cannabis 
81.17 	delivery service license, and a cannabis event organizer license subject to the ownership 
81.18 	limitations that apply to those licenses.
81.19 	(b) Except as provided in paragraph (a), no person, cooperative, or business holding a 
81.20 	medical cannabis license may own or operate any other cannabis business.
81.21 	(c) The office by rule may limit the number of medical cannabis business licenses that 
81.22 	a person or business may hold.
81.23 	(d) For purposes of this subdivision, a restriction on the number of licenses or type of 
81.24 	license that a business may hold applies to every cooperative member or every director, 
81.25 	manager, and general partner of a medical cannabis business.
81.26 		Subd. 3.Registered medical cannabis manufacturers. (a) As used in this subdivision, 
81.27 	"medical cannabis manufacturer" means either of the two in-state manufacturers of medical 
81.28 	cannabis registered with the commissioner of health pursuant to section 152.25 as of July 
81.29 	1, 2023.
81.30 	(b) Notwithstanding any law to the contrary, the registration or reregistration period of 
81.31 	a medical cannabis manufacturer expires on July 1, 2024.
82.1 		Subd. 4.Limitations on health care practitioners. A health care practitioner who 
82.2 	certifies qualifying medical conditions for patients is prohibited from:
82.3 	(1) holding a direct or indirect economic interest in a medical cannabis business;
82.4 	(2) serving on a board of directors or as an employee of a medical cannabis business; 
82.5 	or
82.6 	(3) advertising with a medical cannabis business in any way.
82.7 		Subd. 5.Remuneration. A medical cannabis business is prohibited from:
82.8 	(1) accepting or soliciting any form of remuneration from a health care practitioner who 
82.9 	certifies qualifying medical conditions for patients; or
82.10 	(2) offering any form of remuneration to a health care practitioner who certifies qualifying 
82.11 	medical conditions for patients.

82.12 	EFFECTIVE DATE. This section is effective January 1, 2024.

82.13 	Sec. 42. [342.43] MEDICAL CANNABIS BUSINESS APPLICATIONS.
82.14 		Subdivision 1.Information required. In addition to information required to be submitted 
82.15 	under section 342.15, subdivision 1, and rules adopted pursuant to that section, a person, 
82.16 	cooperative, or business seeking a medical cannabis business license must submit the 
82.17 	following information in a form approved by the office:
82.18 	(1) for medical cannabis cultivator license applicants:
82.19 	(i) an operating plan demonstrating the proposed size and layout of the cultivation facility; 
82.20 	plans for wastewater and waste disposal for the cultivation facility; plans for providing 
82.21 	electricity, water, and other utilities necessary for the normal operation of the cultivation 
82.22 	facility; and plans for compliance with applicable building code and federal and state 
82.23 	environmental and workplace safety requirements;
82.24 	(ii) a cultivation plan demonstrating the proposed size and layout of the cultivation 
82.25 	facility that will be used exclusively for cultivation for medical cannabis, including the total 
82.26 	amount of plant canopy; and
82.27 	(iii) evidence that the business will comply with the applicable operation requirements 
82.28 	for the license being sought;
82.29 	(2) for medical cannabis processor license applicants:
82.30 	(i) an operating plan demonstrating the proposed layout of the facility, including a 
82.31 	diagram of ventilation and filtration systems; plans for wastewater and waste disposal for 
83.1 	the manufacturing facility; plans for providing electricity, water, and other utilities necessary 
83.2 	for the normal operation of the manufacturing facility; and plans for compliance with 
83.3 	applicable building code and federal and state environmental and workplace safety 
83.4 	requirements;
83.5 	(ii) all methods of extraction and concentration that the applicant intends to use and the 
83.6 	volatile chemicals, if any, that are involved in extraction or concentration;
83.7 	(iii) if the applicant is seeking an endorsement to manufacture products infused with 
83.8 	cannabinoids for consumption by patients enrolled in the registry program, proof of an 
83.9 	edible cannabinoid product handler endorsement from the office; and
83.10 	(iv) evidence that the applicant will comply with the applicable operation requirements 
83.11 	for the license being sought; or
83.12 	(3) for medical cannabis retailer license applicants:
83.13 	(i) a list of every retail license held by the applicant and, if the applicant is a business, 
83.14 	every retail license held, either as an individual or as part of another business, by each 
83.15 	officer, director, manager, and general partner of the cannabis business;
83.16 	(ii) an operating plan demonstrating the proposed layout of the facility including a 
83.17 	diagram of ventilation and filtration systems, policies to avoid sales to individuals who are 
83.18 	not authorized to receive the distribution of medical cannabis flower or medical cannabinoid 
83.19 	products, identification of a restricted area for storage, and plans to prevent the visibility of 
83.20 	cannabis flower and cannabinoid products;
83.21 	(iii) if the applicant holds or is applying for a cannabis retailer license, a diagram showing 
83.22 	the portion of the premises in which medical cannabis flower and medical cannabinoid 
83.23 	products will be sold and distributed and identifying an area that is definite and distinct 
83.24 	from all other areas of the cannabis retailer, accessed through a distinct entrance, and contains 
83.25 	an appropriate space for a pharmacist employee of the medical cannabis retailer to consult 
83.26 	with the patient to determine the proper type of medical cannabis flower and medical 
83.27 	cannabinoid products and proper dosage for the patient; and
83.28 	(iv) evidence that the applicant will comply with the applicable operation requirements 
83.29 	for the license being sought.
83.30 		Subd. 2.Segregation of medical cannabis. A person, cooperative, or business seeking 
83.31 	a medical cannabis cultivator license or a medical cannabis processor license and any other 
83.32 	type of cannabis business license, other than a cannabis event organizer license, must identify 
84.1 	the methods that will be used to segregate medical cannabis flower and medical cannabinoid 
84.2 	products from other cannabis flower and cannabinoid products to avoid cross-contamination.

84.3 	EFFECTIVE DATE. This section is effective January 1, 2024.

84.4 	Sec. 43. [342.44] MEDICAL CANNABIS CULTIVATORS.
84.5 	(a) A medical cannabis cultivator license entitles the license holder to grow cannabis 
84.6 	plants within the approved amount of space from seed or immature plant to mature plant, 
84.7 	harvest cannabis flower from a mature plant, package and label cannabis flower as medical 
84.8 	cannabis flower, sell medical cannabis flower to medical cannabis processors and medical 
84.9 	cannabis retailers, transport medical cannabis flower to a medical cannabis processor located 
84.10 	on the same premises, and perform other actions approved by the office.
84.11 	(b) A medical cannabis cultivator license holder must comply with all requirements of 
84.12 	section 342.23.
84.13 	(c) A medical cannabis cultivator license holder must verify that every batch of medical 
84.14 	cannabis flower has passed safety, potency, and consistency testing at a cannabis testing 
84.15 	facility approved by the office for the testing of medical cannabis flower before the medical 
84.16 	cannabis cultivator may package, label, or sell the medical cannabis flower to any other 
84.17 	entity.

84.18 	EFFECTIVE DATE. This section is effective January 1, 2024.

84.19 	Sec. 44. [342.45] MEDICAL CANNABIS PROCESSORS.
84.20 	(a) A medical cannabis processor license, consistent with the specific license endorsement 
84.21 	or endorsements, entitles the license holder to:
84.22 	(1) purchase medical cannabis flower, medical cannabinoid products, hemp plant parts, 
84.23 	and hemp concentrate from medical cannabis cultivators, other medical cannabis processors, 
84.24 	and industrial hemp growers;
84.25 	(2) make cannabis concentrate from medical cannabis flower;
84.26 	(3) make hemp concentrate, including hemp concentrate with a delta-9 
84.27 	tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
84.28 	(4) manufacture medical cannabinoid products;
84.29 	(5) package and label medical cannabinoid products for sale to other medical cannabis 
84.30 	processors and to medical cannabis retailers; and
85.1 	(6) perform other actions approved by the office.
85.2 	(b) A medical cannabis cultivator license holder must comply with all requirements of 
85.3 	section 342.23, including requirements to obtain specific license endorsements.
85.4 	(c) A medical cannabis processor license holder must verify that every batch of medical 
85.5 	cannabinoid product has passed safety, potency, and consistency testing at a cannabis testing 
85.6 	facility approved by the office for the testing of medical cannabinoid products before the 
85.7 	medical cannabis processor may package, label, or sell the medical cannabinoid product to 
85.8 	any other entity.

85.9 	EFFECTIVE DATE. This section is effective January 1, 2024.

85.10 	Sec. 45. [342.46] MEDICAL CANNABIS RETAILERS.
85.11 		Subdivision 1.Authorized actions. (a) A medical cannabis retailer license entitles the 
85.12 	license holder to purchase medical cannabis flower and medical cannabinoid products from 
85.13 	medical cannabis cultivators and medical cannabis processors and sell or distribute medical 
85.14 	cannabis flower and medical cannabinoid products to any person authorized to receive 
85.15 	distribution.
85.16 	(b) A medical cannabis retailer license holder must verify that all medical cannabis 
85.17 	flower and medical cannabinoid products have passed safety, potency, and consistency 
85.18 	testing at a cannabis testing facility approved by the office for the testing of medical cannabis 
85.19 	flower and medical cannabinoid products before the medical cannabis retailer may distribute 
85.20 	the medical cannabis flower or medical cannabis product to any person authorized to receive 
85.21 	distribution.
85.22 		Subd. 2.Distribution requirements. (a) Prior to distribution of medical cannabis flower 
85.23 	or medical cannabinoid products, a medical cannabis retailer licensee must:
85.24 	(1) review and confirm the patient's registry verification;
85.25 	(2) verify that the person requesting the distribution of medical cannabis flower or 
85.26 	medical cannabinoid products is the patient, the patient's registered designated caregiver, 
85.27 	or the patient's parent, legal guardian, or spouse using the procedures specified in section 
85.28 	152.11, subdivision 2d;
85.29 	(3) ensure that a pharmacist employee of the medical cannabis retailer has consulted 
85.30 	with the patient if required according to subdivision 3; and
86.1 	(4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid 
86.2 	product that includes recommended dosage requirements and other information as required 
86.3 	by rules adopted by the office.
86.4 	(b) A medical cannabis retailer may not deliver medical cannabis flower or medical 
86.5 	cannabinoid products unless the medical cannabis retailer also holds a cannabis delivery 
86.6 	service license. Delivery of medical cannabis flower and medical cannabinoid products are 
86.7 	subject to the provisions of section 342.39.
86.8 		Subd. 3.Final approval for distribution of medical cannabis flower and medical 
86.9 	cannabinoid products. (a) A cannabis worker who is employed by a medical cannabis 
86.10 	retailer and who is licensed as a pharmacist pursuant to chapter 151 shall be the only person 
86.11 	who may give final approval for the distribution of medical cannabis flower and medical 
86.12 	cannabinoid products. Prior to the distribution of medical cannabis flower or medical 
86.13 	cannabinoid products, a pharmacist employed by the medical cannabis retailer must consult 
86.14 	with the patient to determine the proper type of medical cannabis flower, medical cannabinoid 
86.15 	product, or medical cannabis paraphernalia and proper dosage for the patient after reviewing 
86.16 	the range of chemical compositions of medical cannabis flower or medical cannabinoid 
86.17 	product. For purposes of this subdivision, a consultation may be conducted remotely by 
86.18 	secure videoconference, telephone, or other remote means, as long as:
86.19 	(1) the pharmacist engaging in the consultation is able to confirm the identity of the 
86.20 	patient; and
86.21 	(2) the consultation adheres to patient privacy requirements that apply to health care 
86.22 	services delivered through telemedicine.
86.23 	(b) Notwithstanding paragraph (a), a pharmacist consultation is not required prior to the 
86.24 	distribution of medical cannabis flower or medical cannabinoid products when a medical 
86.25 	cannabis retailer is distributing medical cannabis flower or medical cannabinoid products 
86.26 	to a patient according to a patient-specific dosage plan established with that medical cannabis 
86.27 	retailer and is not modifying the dosage or product being distributed under that plan. Medical 
86.28 	cannabis flower or medical cannabinoid products distributed under this paragraph must be 
86.29 	distributed by a pharmacy technician employed by the medical cannabis retailer.
86.30 		Subd. 4.90-day supply. A medical cannabis retailer shall not distribute more than a 
86.31 	90-day supply of medical cannabis flower or medical cannabinoid products to a patient, 
86.32 	registered designated caregiver, or parent, legal guardian, or spouse of a patient according 
86.33 	to the dosages established for the individual patient.
87.1 		Subd. 5.Distribution to recipient in a motor vehicle. A medical cannabis retailer  may 
87.2 	distribute medical cannabis flower and medical cannabinoid products to a patient, registered 
87.3 	designated caregiver, or parent, legal guardian, or spouse of a patient who is at a dispensary 
87.4 	location but remains in a motor vehicle, provided that:
87.5 	(1) staff receive payment and distribute medical cannabis flower and medical cannabinoid 
87.6 	products in a designated zone that is as close as feasible to the front door of the facility;
87.7 	(2) the medical cannabis retailer ensures that the receipt of payment and distribution of 
87.8 	medical cannabis flower and medical cannabinoid products are visually recorded by a 
87.9 	closed-circuit television surveillance camera and provides any other necessary security 
87.10 	safeguards;
87.11 	(3) the medical cannabis retailer does not store medical cannabis flower or medical 
87.12 	cannabinoid products outside a restricted access area and staff transport medical cannabis 
87.13 	flower and medical cannabinoid products from a restricted access area to the designated 
87.14 	zone for distribution only after confirming that the patient, designated caregiver, or parent, 
87.15 	guardian, or spouse has arrived in the designated zone;
87.16 	(4) the payment and distribution of medical cannabis flower and medical cannabinoid 
87.17 	products take place only after a pharmacist consultation takes place, if required under 
87.18 	subdivision 3;
87.19 	(5) immediately following distribution of medical cannabis flower or medical cannabinoid 
87.20 	products, staff enter the transaction in the statewide monitoring system; and
87.21 	(6) immediately following distribution of medical cannabis flower and medical 
87.22 	cannabinoid products, staff take the payment received into the facility.
87.23 		Subd. 6.Physical separation required. A medical cannabis retailer that is also a cannabis 
87.24 	retailer must distribute medical cannabis flower and medical cannabinoid products provided 
87.25 	that the portion of the premises in which medical cannabis flower and medical cannabinoid 
87.26 	products are sold is definite and distinct from all other areas of the cannabis retailer, is 
87.27 	accessed through a distinct entrance, and provides an appropriate space for a pharmacist 
87.28 	employee of the medical cannabis retailer to consult with the patient to determine the proper 
87.29 	type of medical cannabis flower and medical cannabinoid products and proper dosage for 
87.30 	the patient.

87.31 	EFFECTIVE DATE. This section is effective January 1, 2024.

88.1 	Sec. 46. [342.47] PATIENT REGISTRY PROGRAM.
88.2 		Subdivision 1.Administration. The Division of Medical Cannabis must administer the 
88.3 	medical cannabis registry program.
88.4 		Subd. 2.Application procedure for patients. (a) A patient seeking to enroll in the 
88.5 	registry program must submit to the Division of Medical Cannabis an application established 
88.6 	by the Division of Medical Cannabis and a copy of the certification specified in paragraph 
88.7 	(b) or, if the patient is a veteran who receives care from the United States Department of 
88.8 	Veterans Affairs, the information required pursuant to subdivision 3. The patient must 
88.9 	provide at least the following information in the application:
88.10 	(1) the patient's name, mailing address, and date of birth;
88.11 	(2) the name, mailing address, and telephone number of the patient's health care 
88.12 	practitioner;
88.13 	(3) the name, mailing address, and date of birth of the patient's registered designated 
88.14 	caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, 
88.15 	or spouse will be acting as the patient's caregiver;
88.16 	(4) a disclosure signed by the patient that includes:
88.17 	(i) a statement that, notwithstanding any law to the contrary, the Office of Cannabis 
88.18 	Management, the Division of Medical Cannabis, or an employee of the Office of Cannabis 
88.19 	Management or Division of Medical Cannabis may not be held civilly or criminally liable 
88.20 	for any injury, loss of property, personal injury, or death caused by an act or omission while 
88.21 	acting within the employee's scope of office or employment under this section; and
88.22 	(ii) the patient's acknowledgment that enrollment in the registry program is conditional 
88.23 	on the patient's agreement to meet all other requirements of this section; and
88.24 	(5) all other information required by the Division of Medical Cannabis.
88.25 	(b) As part of the application under this subdivision, a patient must submit a copy of a 
88.26 	certification from the patient's health care practitioner that is dated within 90 days prior to 
88.27 	the submission of the application and that certifies that the patient has been diagnosed with 
88.28 	a qualifying medical condition.
88.29 	(c) A patient's health care practitioner may submit a statement to the Division of Medical 
88.30 	Cannabis declaring that the patient is no longer diagnosed with a qualifying medical 
88.31 	condition. Within 30 days after receipt of a statement from a patient's health care practitioner, 
88.32 	the Division of Medical Cannabis must provide written notice to a patient stating that the 
89.1 	patient's enrollment in the registry program will be revoked in 30 days unless the patient 
89.2 	submits a certification from a health care practitioner that the patient is currently diagnosed 
89.3 	with a qualifying medical condition or, if the patient is a veteran, the patient submits 
89.4 	confirmation that the patient is currently diagnosed with a qualifying medical condition in 
89.5 	a form and manner consistent with the information required for an application made pursuant 
89.6 	to subdivision 3. If the Division of Medical Cannabis revokes a patient's enrollment in the 
89.7 	registry program pursuant to this paragraph, the division must provide notice to the patient 
89.8 	and to the patient's health care practitioner.
89.9 		Subd. 3.Application procedure for veterans. (a) The Division of Medical Cannabis 
89.10 	shall establish an alternative certification procedure for veterans who receive care from the 
89.11 	United States Department of Veterans Affairs to confirm that the veteran has been diagnosed 
89.12 	with a qualifying medical condition.
89.13 	(b) A patient who is also a veteran and is seeking to enroll in the registry program must 
89.14 	submit to the Division of Medical Cannabis an application established by the Division of 
89.15 	Medical Cannabis that includes the information identified in subdivision 2, paragraph (a), 
89.16 	and the additional information required by the Division of Medical Cannabis to certify that 
89.17 	the patient has been diagnosed with a qualifying medical condition.
89.18 		Subd. 4.Enrollment; denial of enrollment; revocation. (a) Within 30 days after the 
89.19 	receipt of an application and certification or other documentation of a diagnosis with a 
89.20 	qualifying medical condition, the Division of Medical Cannabis must approve or deny a 
89.21 	patient's enrollment in the registry program. If the Division of Medical Cannabis approves 
89.22 	a patient's enrollment in the registry program, the office must provide notice to the patient 
89.23 	and to the patient's health care practitioner.
89.24 	(b) A patient's enrollment in the registry program must only be denied if the patient:
89.25 	(1) does not submit a certification from a health care practitioner or, if the patient is a 
89.26 	veteran, the documentation required under subdivision 3 that the patient has been diagnosed 
89.27 	with a qualifying medical condition;
89.28 	(2) has not signed the disclosure required in subdivision 2;
89.29 	(3) does not provide the information required by the Division of Medical Cannabis;
89.30 	(4) provided false information on the application; or
89.31 	(5) at the time of application, is also enrolled in a federally approved clinical trial for 
89.32 	the treatment of a qualifying medical condition with medical cannabis.
90.1 	(c) If the Division of Medical Cannabis denies a patient's enrollment in the registry 
90.2 	program, the Division of Medical Cannabis must provide written notice to a patient of all 
90.3 	reasons for denying enrollment. Denial of enrollment in the registry program is considered 
90.4 	a final decision of the office and is subject to judicial review under chapter 14.
90.5 	(d) A patient's enrollment in the registry program may be revoked only:
90.6 	(1) pursuant to subdivision 2, paragraph (c);
90.7 	(2) upon the death of the patient;
90.8 	(3) if the patient's certifying health care practitioner has filed a declaration under 
90.9 	subdivision 2, paragraph (c), that the patient's qualifying diagnosis no longer exists and the 
90.10 	patient does not submit another certification within 30 days;
90.11 	(4) if the patient does not comply with subdivision 6; or
90.12 	(5) if the patient intentionally sells or diverts medical cannabis flower or medical 
90.13 	cannabinoid products in violation of this chapter.
90.14 	If a patient's enrollment in the registry program has been revoked due to a violation of 
90.15 	subdivision 6, the patient may apply for enrollment 12 months after the date on which the 
90.16 	patient's enrollment was revoked. The office must process such an application in accordance 
90.17 	with this subdivision.
90.18 		Subd. 5.Registry verification. When a patient is enrolled in the registry program, the 
90.19 	Division of Medical Cannabis must assign the patient a patient registry number and must 
90.20 	issue the patient and the patient's registered designated caregiver, parent, legal guardian, or 
90.21 	spouse, if applicable, a registry verification. The Division of Medical Cannabis must also 
90.22 	make the registry verification available to medical cannabis retailers. The registry verification 
90.23 	must include:
90.24 	(1) the patient's name and date of birth;
90.25 	(2) the patient registry number assigned to the patient; and
90.26 	(3) the name and date of birth of the patient's registered designated caregiver, if any, or 
90.27 	the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or 
90.28 	spouse will act as a caregiver.
90.29 		Subd. 6.Conditions of continued enrollment. As conditions of continued enrollment, 
90.30 	a patient must:
90.31 	(1) continue to receive regularly scheduled treatment for the patient's qualifying medical 
90.32 	condition from the patient's health care practitioner; and
91.1 	(2) report changes in the patient's qualifying medical condition to the patient's health 
91.2 	care practitioner.
91.3 		Subd. 7.Enrollment period. Enrollment in the registry program is valid for one year. 
91.4 	To re-enroll, a patient must submit the information required in subdivision 2 and a patient 
91.5 	who is also a veteran must submit the information required in subdivision 3.
91.6 		Subd. 8.Medical cannabis flower and medical cannabinoid products; allowable 
91.7 	delivery methods. Medical cannabis flower and medical cannabinoid products may be 
91.8 	delivered in the form of:
91.9 	(1) a liquid, including but not limited to oil;
91.10 	(2) a pill;
91.11 	(3) a vaporized delivery method with the use of liquid or oil;
91.12 	(4) a water-soluble cannabinoid multiparticulate, including granules, powder, and 
91.13 	sprinkles;
91.14 	(5) an orally dissolvable product, including lozenges, gum, mints, buccal tablets, and 
91.15 	sublingual tablets;
91.16 	(6) edible products in the form of gummies and chews;
91.17 	(7) a topical formulation;
91.18 	(8) combustion with the use of dried raw cannabis; or
91.19 	(9) any other method approved by the office.
91.20 		Subd. 9.Registered designated caregiver. (a) The Division of Medical Cannabis must 
91.21 	register a designated caregiver for a patient if the patient requires assistance in administering 
91.22 	medical cannabis flower or medical cannabinoid products or in obtaining medical cannabis 
91.23 	flower, medical cannabinoid products, or medical cannabis paraphernalia from a medical 
91.24 	cannabis retailer.
91.25 	(b) In order to serve as a designated caregiver, a person must:
91.26 	(1) be at least 18 years of age;
91.27 	(2) agree to only possess the patient's medical cannabis flower and medical cannabinoid 
91.28 	products for purposes of assisting the patient; and
91.29 	(3) agree that if the application is approved, the person will not serve as a registered 
91.30 	designated caregiver for more than six registered patients at one time. Patients who reside 
91.31 	in the same residence count as one patient.
92.1 	(c) The office shall conduct a criminal background check on the designated caregiver 
92.2 	prior to registration to ensure that the person does not have a conviction for a disqualifying 
92.3 	felony offense. Any cost of the background check shall be paid by the person seeking 
92.4 	registration as a designated caregiver. A designated caregiver must have the criminal 
92.5 	background check renewed every two years.
92.6 	(d) Nothing in this section shall be construed to prevent a registered designated caregiver 
92.7 	from being enrolled in the registry program as a patient and possessing and administering 
92.8 	medical cannabis as a patient.
92.9 		Subd. 10.Parents, legal guardians, spouses. A parent, legal guardian, or spouse of a 
92.10 	patient may act as the caregiver for a patient. The parent, legal guardian, or spouse who is 
92.11 	acting as a caregiver must follow all requirements for parents, legal guardians, and spouses 
92.12 	under this chapter. Nothing in this section limits any legal authority that a parent, legal 
92.13 	guardian, or spouse may have for the patient under any other law.
92.14 		Subd. 11.Enrollment fee. (a) The Division of Cannabis Management must collect an 
92.15 	enrollment fee of $40 from a patient enrolled under this section.
92.16 	(b) Revenue collected under this subdivision shall deposit to a dedicated account in the 
92.17 	special revenue fund. The balance of the account shall be appropriated annually to the 
92.18 	administrator of the office for program operations.
92.19 		Subd. 12.Notice of change of name or address. Patients and registered designated 
92.20 	caregivers must notify the Division of Medical Cannabis of any address or name change 
92.21 	within 30 days of the change having occurred. A patient or registered designated caregiver 
92.22 	is subject to a $100 fine for failure to notify the office of the change.

92.23 	EFFECTIVE DATE. This section is effective January 1, 2024.

92.24 	Sec. 47. [342.48] DUTIES OF OFFICE OF CANNABIS MANAGEMENT; 
92.25 	REGISTRY PROGRAM.
92.26 	The office may add an allowable form of medical cannabinoid product, and may add or 
92.27 	modify a qualifying medical condition upon its own initiative, upon a petition from a member 
92.28 	of the public or from the Cannabis Advisory Council or as directed by law. The office must 
92.29 	evaluate all petitions and must make the addition or modification if the office determines 
92.30 	that the addition or modification is warranted by the best available evidence and research. 
92.31 	If the office wishes to add an allowable form or add or modify a qualifying medical condition, 
92.32 	the office must notify the chairs and ranking minority members of the legislative committees 
92.33 	and divisions with jurisdiction over health finance and policy by January 15 of the year in 
93.1 	which the change becomes effective. In this notification, the office must specify the proposed 
93.2 	addition or modification, the reasons for the addition or modification, any written comments 
93.3 	received by the office from the public about the addition or modification, and any guidance 
93.4 	received from the Cannabis Advisory Council. An addition or modification by the office 
93.5 	under this subdivision becomes effective on August 1 of that year unless the legislature by 
93.6 	law provides otherwise.

93.7 	EFFECTIVE DATE. This section is effective January 1, 2024.

93.8 	Sec. 48. [342.49] DUTIES OF DIVISION OF MEDICAL CANNABIS; REGISTRY 
93.9 	PROGRAM.
93.10 		Subdivision 1.Duties related to health care practitioners. The Division of Medical 
93.11 	Cannabis must:
93.12 	(1) provide notice of the registry program to health care practitioners in the state;
93.13 	(2) allow health care practitioners to participate in the registry program if they request 
93.14 	to participate and meet the program's requirements;
93.15 	(3) provide explanatory information and assistance to health care practitioners to 
93.16 	understand the nature of the therapeutic use of medical cannabis within program 
93.17 	requirements;
93.18 	(4) make available to participating health care practitioners a certification form in which 
93.19 	a health care practitioner certifies that a patient has a qualifying medical condition; and
93.20 	(5) supervise the participation of health care practitioners in the registry reporting system 
93.21 	in which health care practitioners report patient treatment and health records information 
93.22 	to the office in a manner that ensures stringent security and record keeping requirements 
93.23 	and that prevents the unauthorized release of private data on individuals as defined in section 
93.24 	13.02.
93.25 		Subd. 2.Duties related to the registry program. The Division of Medical Cannabis 
93.26 	must:
93.27 	(1) administer the registry program according to section 342.47;
93.28 	(2) provide information to patients enrolled in the registry program on the existence of 
93.29 	federally approved clinical trials for the treatment of the patient's qualifying medical condition 
93.30 	with medical cannabis flower or medical cannabinoid products as an alternative to enrollment 
93.31 	in the registry program;
94.1 	(3) maintain safety criteria with which patients must comply as a condition of participation 
94.2 	in the registry program to prevent patients from undertaking any task under the influence 
94.3 	of medical cannabis flower or medical cannabinoid products that would constitute negligence 
94.4 	or professional malpractice;
94.5 	(4) review and publicly report on existing medical and scientific literature regarding the 
94.6 	range of recommended dosages for each qualifying medical condition, the range of chemical 
94.7 	compositions of medical cannabis flower and medical cannabinoid products that will likely 
94.8 	be medically beneficial for each qualifying medical condition, and any risks of noncannabis 
94.9 	drug interactions. This information must be updated by December 1 of each year. The office 
94.10 	may consult with an independent laboratory under contract with the office or other experts 
94.11 	in reporting and updating this information; and
94.12 	(5) annually consult with cannabis businesses about medical cannabis that the businesses 
94.13 	cultivate, manufacture, and offer for sale and post on the Division of Medical Cannabis 
94.14 	website a list of the medical cannabis flower and medical cannabinoid products offered for 
94.15 	sale by each medical cannabis retailer.
94.16 		Subd. 3.Research. (a) The Division of Medical Cannabis must conduct or contract with 
94.17 	a third party to conduct research and studies using data from health records submitted to 
94.18 	the registry program under section 342.50, subdivision 2, and data submitted to the registry 
94.19 	program under section 342.47, subdivisions 2 and 3. If the division contracts with a third 
94.20 	party for research and studies, the third party must provide the division with access to all 
94.21 	research and study results. The division must submit reports on intermediate or final research 
94.22 	results to the legislature and major scientific journals. All data used by the division or a 
94.23 	third party under this subdivision must be used or reported in an aggregated nonidentifiable 
94.24 	form as part of a scientific peer-reviewed publication of research or in the creation of 
94.25 	summary data, as defined in section 13.02, subdivision 19.
94.26 	(b) The Division of Medical Cannabis may submit medical research based on the data 
94.27 	collected under sections 342.50, subdivision 2, and data collected through the statewide 
94.28 	monitoring system to any federal agency with regulatory or enforcement authority over 
94.29 	medical cannabis to demonstrate the effectiveness of medical cannabis flower or medical 
94.30 	cannabinoid products for treating or alleviating the symptoms of a qualifying medical 
94.31 	condition.

94.32 	EFFECTIVE DATE. This section is effective January 1, 2024.

95.1 	Sec. 49. [342.50] DUTIES OF HEALTH CARE PRACTITIONERS; REGISTRY 
95.2 	PROGRAM.
95.3 		Subdivision 1.Health care practitioner duties before patient enrollment. Before a 
95.4 	patient's enrollment in the registry program, a health care practitioner must:
95.5 	(1) determine, in the health care practitioner's medical judgment, whether a patient has 
95.6 	a qualifying medical condition and, if so determined, provide the patient with a certification 
95.7 	of that diagnosis;
95.8 	(2) advise patients, registered designated caregivers, and parents, legal guardians, and 
95.9 	spouses acting as caregivers of any nonprofit patient support groups or organizations;
95.10 	(3) provide to patients explanatory information from the Division of Medical Cannabis, 
95.11 	including information about the experimental nature of the therapeutic use of medical 
95.12 	cannabis flower and medical cannabinoid products; the possible risks, benefits, and side 
95.13 	effects of the proposed treatment; and the application and other materials from the office;
95.14 	(4) provide to patients a Tennessen warning as required under section 13.04, subdivision 
95.15 	2; and
95.16 	(5) agree to continue treatment of the patient's qualifying medical condition and to report 
95.17 	findings to the Division of Medical Cannabis.
95.18 		Subd. 2.Duties upon patient's enrollment in registry program. Upon receiving 
95.19 	notification from the Division of Medical Cannabis of the patient's enrollment in the registry 
95.20 	program, a health care practitioner must:
95.21 	(1) participate in the patient registry reporting system under the guidance and supervision 
95.22 	of the Division of Medical Cannabis;
95.23 	(2) report to the Division of Medical Cannabis patient health records throughout the 
95.24 	patient's ongoing treatment in a manner determined by the office and in accordance with 
95.25 	subdivision 4;
95.26 	(3) determine on a yearly basis if the patient continues to have a qualifying medical 
95.27 	condition and, if so, issue the patient a new certification of that diagnosis. The patient 
95.28 	assessment conducted under this clause may be conducted via telemedicine, as defined in 
95.29 	section 62A.671, subdivision 9; and
95.30 	(4) otherwise comply with requirements established by the Office of Cannabis 
95.31 	Management and the Division of Medical Cannabis.
96.1 		Subd. 3.Participation not required. Nothing in this section requires a health care 
96.2 	practitioner to participate in the registry program.
96.3 		Subd. 4.Data. Data on patients collected by a health care practitioner and reported to 
96.4 	the registry program, including data on patients who are veterans who receive care from 
96.5 	the United States Department of Veterans Affairs, are health records under section 144.291 
96.6 	and are private data on individuals under section 13.02 but may be used or reported in an 
96.7 	aggregated nonidentifiable form as part of a scientific peer-reviewed publication of research 
96.8 	conducted under section 342.49 or in the creation of summary data, as defined in section 
96.9 	13.02, subdivision 19.
96.10 		Subd. 5.Exception.  The requirements of this section do not apply to a patient who is a 
96.11 	veteran who receives care from the United States Department of Veterans Affairs or a health 
96.12 	care practitioner employed by the United States Department of Veterans Affairs. Such a 
96.13 	patient must meet the certification requirements developed pursuant to section 342.47, 
96.14 	subdivision 3, before the patient's enrollment in the registry program. The Division of 
96.15 	Medical Cannabis may establish policies and procedures to obtain medical records and other 
96.16 	relevant data from a health care practitioner employed by the United States Department of 
96.17 	Veterans Affairs, provided that those policies and procedures are consistent with this section.

96.18 	EFFECTIVE DATE. This section is effective January 1, 2024.

96.19 	Sec. 50. [342.51] LIMITATIONS.
96.20 		Subdivision 1.Limitations on consumption; locations of consumption. Nothing in 
96.21 	sections 342.42 to 342.56 permits any person to engage in, and does not prevent the 
96.22 	imposition of any civil, criminal, or other penalties for:
96.23 	(1) undertaking a task under the influence of medical cannabis that would constitute 
96.24 	negligence or professional malpractice;
96.25 	(2) possessing or consuming medical cannabis:
96.26 	(i) on a school bus or van;
96.27 	(ii) in a correctional facility; or
96.28 	(iii) on the grounds of a child care facility or family or group family day care program;
96.29 	(3) vaporizing or smoking medical cannabis:
96.30 	(i) on any form of public transportation;
97.1 	(ii) where the vapor would be inhaled by a nonpatient minor or where the smoke would 
97.2 	be inhaled by a minor; or
97.3 	(iii) in any public place, including any indoor or outdoor area used by or open to the 
97.4 	general public or a place of employment, as defined in section 144.413, subdivision 1b; and
97.5 	(4) operating, navigating, or being in actual physical control of a motor vehicle, aircraft, 
97.6 	train, or motorboat or working on transportation property, equipment, or facilities while 
97.7 	under the influence of medical cannabis or a medical cannabis product.
97.8 		Subd. 2.Health care facilities. (a) Health care facilities licensed under chapter 144A; 
97.9 	hospice providers licensed under chapter 144A; boarding care homes or supervised living 
97.10 	facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities 
97.11 	owned, controlled, managed, or under common control with hospitals licensed under chapter 
97.12 	144; and other health care facilities licensed by the commissioner of health may adopt 
97.13 	reasonable restrictions on the use of medical cannabis flower or medical cannabinoid products 
97.14 	by a patient enrolled in the registry program who resides at or is actively receiving treatment 
97.15 	or care at the facility. The restrictions may include a provision that the facility must not 
97.16 	store or maintain a patient's supply of medical cannabis flower or medical cannabinoid 
97.17 	products, that the facility is not responsible for providing medical cannabis for patients, and 
97.18 	that medical cannabis flower or medical cannabinoid products are used only in a location 
97.19 	specified by the facility or provider.
97.20 	(b) An employee or agent of a facility or provider listed in this subdivision or a person 
97.21 	licensed under chapter 144E is not violating this chapter or chapter 152 for the possession 
97.22 	of medical cannabis flower or medical cannabinoid products while carrying out employment 
97.23 	duties, including providing or supervising care to a patient enrolled in the registry program, 
97.24 	or distribution of medical cannabis flower or medical cannabinoid products to a patient 
97.25 	enrolled in the registry program who resides at or is actively receiving treatment or care at 
97.26 	the facility or from the provider with which the employee or agent is affiliated. Nothing in 
97.27 	this subdivision requires facilities and providers listed in this subdivision to adopt such 
97.28 	restrictions. No facility or provider listed in this subdivision may unreasonably limit a 
97.29 	patient's access to or use of medical cannabis flower or medical cannabinoid products to 
97.30 	the extent that such use is authorized under sections 342.42 to 342.56.

97.31 	EFFECTIVE DATE. This section is effective January 1, 2024.

98.1 	Sec. 51. [342.52] PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS.
98.2 		Subdivision 1.Presumption. There is a presumption that a patient enrolled in the registry 
98.3 	program is engaged in the authorized use of medical cannabis flower and medical cannabinoid 
98.4 	products. This presumption may be rebutted by evidence that the patient's use of medical 
98.5 	cannabis flower or medical cannabinoid products was not for the purpose of treating or 
98.6 	alleviating the patient's qualifying medical condition or symptoms associated with the 
98.7 	patient's qualifying medical condition.
98.8 		Subd. 2.Criminal and civil protections. (a) Subject to section 342.51, the following 
98.9 	are not violations of this chapter or chapter 152:
98.10 	(1) use or possession of medical cannabis flower, medical cannabinoid products, or 
98.11 	medical cannabis paraphernalia by a patient enrolled in the registry program or by a visiting 
98.12 	patient to whom medical cannabis is distributed under section 342.46, subdivision 5;
98.13 	(2) possession of medical cannabis flower, medical cannabinoid products, or medical 
98.14 	cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or 
98.15 	spouse of a patient enrolled in the registry program; or
98.16 	(3) possession of medical cannabis flower, medical cannabinoid products, or medical 
98.17 	cannabis paraphernalia by any person while carrying out duties required under sections 
98.18 	342.42 to 342.56.
98.19 	(b) The Office of Cannabis Management, members of the Cannabis Advisory Council, 
98.20 	Office of Cannabis Management employees, agents or contractors of the Office of Cannabis 
98.21 	Management, and health care practitioners participating in the registry program are not 
98.22 	subject to any civil penalties or disciplinary action by the Board of Medical Practice, the 
98.23 	Board of Nursing, or any business, occupational, or professional licensing board or entity 
98.24 	solely for participating in the registry program either in a professional capacity or as a 
98.25 	patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or 
98.26 	disciplinary action by the Board of Pharmacy when acting in accordance with sections 
98.27 	342.42 to 342.56 either in a professional capacity or as a patient. Nothing in this section 
98.28 	prohibits a professional licensing board from taking action in response to a violation of law.
98.29 	(c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the 
98.30 	governor, or an employee of a state agency must not be held civilly or criminally liable for 
98.31 	any injury, loss of property, personal injury, or death caused by any act or omission while 
98.32 	acting within the scope of office or employment under sections 342.42 to 342.56.
99.1 	(d) Federal, state, and local law enforcement authorities are prohibited from accessing 
99.2 	the registry except when acting pursuant to a valid search warrant. Notwithstanding section 
99.3 	13.09, a violation of this paragraph is a gross misdemeanor.
99.4 	(e) Notwithstanding any law to the contrary, the office and employees of the office must 
99.5 	not release data or information about an individual contained in any report or document or 
99.6 	in the registry and must not release data or information obtained about a patient enrolled in 
99.7 	the registry program, except as provided in sections 342.42 to 342.56. Notwithstanding 
99.8 	section 13.09, a violation of this paragraph is a gross misdemeanor.
99.9 	(f) No information contained in a report or document, contained in the registry, or 
99.10 	obtained from a patient under sections 342.42 to 342.56 may be admitted as evidence in a 
99.11 	criminal proceeding, unless:
99.12 	(1) the information is independently obtained; or
99.13 	(2) admission of the information is sought in a criminal proceeding involving a criminal 
99.14 	violation of sections 342.42 to 342.56.
99.15 	(g) Possession of a registry verification or an application for enrollment in the registry 
99.16 	program:
99.17 	(1) does not constitute probable cause or reasonable suspicion;
99.18 	(2) must not be used to support a search of the person or property of the person with a 
99.19 	registry verification or application to enroll in the registry program; and
99.20 	(3) must not subject the person or the property of the person to inspection by any 
99.21 	government agency.
99.22 		Subd. 3.School enrollment; rental property. (a) No school may refuse to enroll a 
99.23 	patient as a pupil or otherwise penalize a patient solely because the patient is enrolled in 
99.24 	the registry program, unless failing to do so would violate federal law or regulations or 
99.25 	cause the school to lose a monetary or licensing-related benefit under federal law or 
99.26 	regulations.
99.27 	(b) No landlord may refuse to lease to a patient or otherwise penalize a patient solely 
99.28 	because the patient is enrolled in the registry program, unless failing to do so would violate 
99.29 	federal law or regulations or cause the landlord to lose a monetary or licensing-related 
99.30 	benefit under federal law or regulations.
99.31 		Subd. 4.Medical care. For purposes of medical care, including organ transplants, a 
99.32 	patient's use of medical cannabis according to sections 342.42 to 342.56 is considered the 
100.1 	equivalent of the authorized use of a medication used at the discretion of a health care 
100.2 	practitioner and does not disqualify a patient from needed medical care.
100.3 		Subd. 5.Employment. (a) Unless a failure to do so would violate federal or state law 
100.4 	or regulations or cause an employer to lose a monetary or licensing-related benefit under 
100.5 	federal law or regulations, an employer may not discriminate against a person in hiring, 
100.6 	termination, or any term or condition of employment, or otherwise penalize a person, if the 
100.7 	discrimination is based on:
100.8 	(1) the person's status as a patient enrolled in the registry program; or
100.9 	(2) a patient's positive drug test for cannabis components or metabolites, unless the 
100.10 	patient used, possessed, sold, transported, or was impaired by medical cannabis flower or 
100.11 	a medical cannabinoid product on work premises, during working hours, or while operating 
100.12 	an employer's machinery, vehicle, or equipment.
100.13 	(b) An employee who is a patient and whose employer requires the employee to undergo 
100.14 	drug testing according to section 181.953 may present the employee's registry verification 
100.15 	as part of the employee's explanation under section 181.953, subdivision 6.
100.16 		Subd. 6.Custody; visitation; parenting time. A person must not be denied custody of 
100.17 	a minor child or visitation rights or parenting time with a minor child based solely on the 
100.18 	person's status as a patient enrolled in the registry program. There must be no presumption 
100.19 	of neglect or child endangerment for conduct allowed under sections 342.42 to 342.56, 
100.20 	unless the person's behavior creates an unreasonable danger to the safety of the minor as 
100.21 	established by clear and convincing evidence.
100.22 		Subd. 7.Action for damages. In addition to any other remedy provided by law, a patient 
100.23 	may bring an action for damages against any person who violates subdivision 3, 4, or 5. A 
100.24 	person who violates subdivision 3, 4, or 5 is liable to a patient injured by the violation for 
100.25 	the greater of the person's actual damages or a civil penalty of $100 and reasonable attorney 
100.26 	fees.

100.27 	EFFECTIVE DATE. This section is effective January 1, 2024.

100.28 	Sec. 52. [342.54] VIOLATION BY HEALTH CARE PRACTITIONER; CRIMINAL 
100.29 	PENALTY.
100.30 	A health care practitioner who knowingly refers patients to a medical cannabis business 
100.31 	or to a designated caregiver, who advertises as a retailer or producer of medical cannabis 
100.32 	flower or medical cannabinoid products, or who issues certifications while holding a financial 
100.33 	interest in a cannabis retailer or medical cannabis business is guilty of a misdemeanor and 
101.1 	may be sentenced to imprisonment for not more than 90 days or to payment of not more 
101.2 	than $1,000, or both.

101.3 	EFFECTIVE DATE. This section is effective January 1, 2024.

101.4 	Sec. 53. [342.55] DATA PRACTICES.
101.5 		Subdivision 1.Data classification. Patient health records maintained by the Office of 
101.6 	Cannabis Management or the Division of Medical Cannabis and government data in patient 
101.7 	health records maintained by a health care practitioner are classified as private data on 
101.8 	individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in 
101.9 	section 13.02, subdivision 9.
101.10 		Subd. 2.Allowable use; prohibited use. Data specified in subdivision 1 may be used 
101.11 	to comply with chapter 13, to comply with a request from the legislative auditor or the state 
101.12 	auditor in the performance of official duties, and for purposes specified in sections 342.42 
101.13 	to 342.56. Data specified in subdivision 1 and maintained by the Office of Cannabis 
101.14 	Management or Division of Medical Cannabis must not be used for any purpose not specified 
101.15 	in sections 342.42 to 342.56 and must not be combined or linked in any manner with any 
101.16 	other list, dataset, or database. Data specified in subdivision 1 must not be shared with any 
101.17 	federal agency, federal department, or federal entity unless specifically ordered to do so by 
101.18 	a state or federal court.

101.19 	EFFECTIVE DATE. This section is effective January 1, 2024.

101.20 	Sec. 54. [342.56] CLINICAL TRIALS.
101.21 	The Division of Medical Cannabis may conduct, or award grants to health care providers 
101.22 	or research organizations to conduct, clinical trials on the safety and efficacy of using 
101.23 	medical cannabis flower or medical cannabinoid products to treat a specific health condition. 
101.24 	A health care provider or research organization receiving a grant under this section must 
101.25 	provide the office with access to all data collected in a clinical trial funded under this section. 
101.26 	The office may use data from clinical trials conducted or funded under this section as 
101.27 	evidence to approve additional qualifying medical conditions or additional allowable forms 
101.28 	of medical cannabis.

101.29 	EFFECTIVE DATE. This section is effective January 1, 2024.

102.1 	Sec. 55. [342.60] TESTING.
102.2 		Subdivision 1.Testing required. A cannabis business shall not sell or offer for sale 
102.3 	cannabis flower, cannabinoid products, artificially derived cannabinoids, or hemp-derived 
102.4 	consumer products to another cannabis business or to a customer or patient, or otherwise 
102.5 	transfer cannabis flower, cannabinoid products, artificially derived cannabinoids, or 
102.6 	hemp-derived consumer products to another cannabis business, unless:
102.7 	(1) a representative sample of the batch of cannabis flower, cannabinoid product, 
102.8 	artificially derived cannabinoid, or hemp-derived consumer product has been tested according 
102.9 	to this section and rules adopted under this chapter;
102.10 	(2) the testing was completed by a cannabis testing facility licensed under this chapter; 
102.11 	and
102.12 	(3) the tested sample of cannabis flower, cannabinoid product, artificially derived 
102.13 	cannabinoid, or hemp-derived consumer product was found to meet testing standards 
102.14 	established by the office.
102.15 		Subd. 2.Procedures and standards established by office. (a) The office shall by rule 
102.16 	establish procedures governing the sampling, handling, testing, storage, and transportation 
102.17 	of cannabis flower, cannabinoid products, artificially derived cannabinoids, and hemp-derived 
102.18 	consumer products tested under this section; the contaminants for which cannabis flower, 
102.19 	cannabinoid products, artificially derived cannabinoids, and hemp-derived consumer products 
102.20 	must be tested; standards for potency and homogeneity testing; and procedures applicable 
102.21 	to cannabis businesses and cannabis testing facilities regarding cannabis flower, cannabinoid 
102.22 	products, artificially derived cannabinoids, and hemp-derived consumer products that fail 
102.23 	to meet the standards for allowable levels of contaminants established by the office, that 
102.24 	fail to meet the potency limits in this chapter or that do not conform with the content of the 
102.25 	cannabinoid profile listed on the label.
102.26 	(b) All testing required under this section must be performed in a manner that is consistent 
102.27 	with general requirements for testing and calibration activities.
102.28 		Subd. 3.Standards established by Office of Cannabis Management. The office shall 
102.29 	by rule establish standards for allowable levels of contaminants in cannabis flower, 
102.30 	cannabinoid products, artificially derived cannabinoids, hemp-derived consumer products, 
102.31 	and growing media. Contaminants for which the office must establish allowable levels must 
102.32 	include but are not limited to residual solvents, foreign material, microbiological 
102.33 	contaminants, heavy metals, pesticide residue, and mycotoxins.
103.1 		Subd. 4.Testing of samples; disclosures. (a) On a schedule determined by the office, 
103.2 	every cannabis cultivator, cannabis manufacturer, cannabis wholesaler with an endorsement 
103.3 	to import products, cannabis microbusiness, or medical cannabis business shall make each 
103.4 	batch of cannabis flower, cannabinoid products, artificially derived cannabinoids, or 
103.5 	hemp-derived consumer products grown, manufactured, or imported by the cannabis 
103.6 	cultivator, cannabis manufacturer, cannabis wholesaler with an endorsement to import 
103.7 	products, cannabis microbusiness, or medical cannabis business available to a cannabis 
103.8 	testing facility.
103.9 	(b) A cannabis cultivator, cannabis manufacturer, cannabis wholesaler with an 
103.10 	endorsement to import products, cannabis microbusiness, or medical cannabis business 
103.11 	must disclose all known information regarding pesticides, fertilizers, solvents, or other 
103.12 	foreign materials, including but not limited to catalysts used in creating artificially derived 
103.13 	cannabinoids, applied or added to the batch of cannabis flower, cannabinoid products, 
103.14 	artificially derived cannabinoids, or hemp-derived consumer products subject to testing. 
103.15 	Disclosure must be made to the cannabis testing facility and must include information about 
103.16 	all applications by any person, whether intentional or accidental.
103.17 	(c) The cannabis testing facility shall select one or more representative samples from 
103.18 	each batch, test the samples for the presence of contaminants, and test the samples for 
103.19 	potency and homogeneity and to allow the cannabis flower, cannabinoid product, artificially 
103.20 	derived cannabinoid, or hemp-derived consumer product to be accurately labeled with its 
103.21 	cannabinoid profile. Testing for contaminants must include testing for residual solvents, 
103.22 	foreign material, microbiological contaminants, heavy metals, pesticide residue, mycotoxins, 
103.23 	and any items identified pursuant to paragraph (b), and may include testing for other 
103.24 	contaminants. A cannabis testing facility must destroy or return to the cannabis cultivator, 
103.25 	cannabis manufacturer, cannabis wholesaler with an endorsement to import products, 
103.26 	cannabis microbusiness, or medical cannabis business any part of the sample that remains 
103.27 	after testing.
103.28 		Subd. 5.Test results. (a) If a sample meets the applicable testing standards, a cannabis 
103.29 	testing facility shall issue a certification to a cannabis cultivator, cannabis manufacturer, 
103.30 	cannabis wholesaler with an endorsement to import products, cannabis microbusiness, or 
103.31 	medical cannabis business, and the cannabis cultivator, cannabis manufacturer, cannabis 
103.32 	wholesaler with an endorsement to import products, cannabis microbusiness, or medical 
103.33 	cannabis business may then sell or transfer the batch of cannabis flower, cannabinoid 
103.34 	products, artificially derived cannabinoids, or hemp-derived consumer products from which 
103.35 	the sample was taken to another cannabis business or offer the cannabis flower, cannabinoid 
104.1 	products, or hemp-derived consumer products for sale to customers or patients. If a sample 
104.2 	does not meet the applicable testing standards or if the testing facility is unable to test for 
104.3 	a substance identified pursuant to subdivision 4, paragraph (b), the batch from which the 
104.4 	sample was taken shall be subject to procedures established by the office for such batches, 
104.5 	including destruction, remediation, or retesting. A cannabis cultivator, cannabis manufacturer, 
104.6 	cannabis wholesaler with an endorsement to import products, cannabis microbusiness, or 
104.7 	medical cannabis business must maintain the test results for cannabis flower, cannabinoid 
104.8 	products, artificially derived cannabinoids, or hemp-derived consumer products grown, 
104.9 	manufactured, or imported by that cannabis cultivator, cannabis manufacturer, cannabis 
104.10 	wholesaler with an endorsement to import products, cannabis microbusiness, or medical 
104.11 	cannabis business for at least five years after the date of testing.
104.12 	(b) A cannabis cultivator, cannabis manufacturer, cannabis wholesaler with an 
104.13 	endorsement to import products, cannabis microbusiness, or medical cannabis business 
104.14 	shall make test results maintained by that cannabis cultivator, cannabis manufacturer, 
104.15 	cannabis wholesaler with an endorsement to import products, cannabis microbusiness, or 
104.16 	medical cannabis business available for review by any member of the public, upon request. 
104.17 	Test results made available to the public must be in plain language.

104.18 	Sec. 56. [342.62] PACKAGING.
104.19 		Subdivision 1.General. All cannabis flower, cannabinoid products, and hemp-derived 
104.20 	consumer products sold to customers or patients must be packaged as required by this section 
104.21 	and rules adopted under this chapter.
104.22 		Subd. 2.Packaging requirements. (a) Except as provided in paragraph (b), all cannabis 
104.23 	flower, cannabinoid products, and hemp-derived consumer products sold to customers or 
104.24 	patients must be:
104.25 	(1) prepackaged in packaging or a container that is plain, child-resistant, tamper-evident, 
104.26 	and opaque; or
104.27 	(2) placed in packaging or a container that is plain, child-resistant, tamper-evident, and 
104.28 	opaque at the final point of sale to a customer.
104.29 	(b) The requirement that packaging be child-resistant does not apply to:
104.30 	(1) a hemp-derived topical product; or
104.31 	(2) a lower potency edible product that:
104.32 	(i) is intended to be consumed as a beverage;
105.1 	(ii) contains nonintoxicating cannabinoids;
105.2 	(iii) does not contain more than a combined total of 0.25 milligrams of intoxicating 
105.3 	cannabinoids; and
105.4 	(iv) does not contain an artificially derived cannabinoid.
105.5 	(c) If a cannabinoid product or a hemp-derived consumer product is packaged in a manner 
105.6 	that includes more than a single serving, each serving must be indicated by scoring, wrapping, 
105.7 	or other indicators designating the individual serving size. If the item is a lower potency 
105.8 	edible product, any indicator other than individual wrapping that designates the individual 
105.9 	serving size must appear on the edible cannabinoid product.
105.10 	(d) An edible cannabinoid product containing more than a single serving must be 
105.11 	prepackaged or placed at the final point of sale in packaging or a container that is resealable.
105.12 		Subd. 3.Packaging prohibitions. (a) Cannabis flower, cannabinoid products, or 
105.13 	hemp-derived consumer products sold to customers or patients must not be packaged in a 
105.14 	manner that:
105.15 	(1) bears a reasonable resemblance to any commercially available product that does not 
105.16 	contain cannabinoids, whether the manufacturer of the product holds a registered trademark 
105.17 	or has registered the trade dress; or
105.18 	(2) is designed to appeal to persons under 21 years of age.
105.19 	(b) Packaging for cannabis flower, cannabinoid products, and hemp-derived consumer 
105.20 	products must not contain or be coated with any perfluoroalkyl substance.
105.21 	(c) Edible cannabinoid products must not be packaged in a material that is not approved 
105.22 	by the United States Food and Drug Administration for use in packaging food.

105.23 	Sec. 57. [342.64] LABELING.
105.24 		Subdivision 1.General. All cannabis flower, cannabinoid products, and hemp-derived 
105.25 	consumer products sold to customers or patients must be labeled as required by this section 
105.26 	and rules adopted under this chapter.
105.27 		Subd. 2.Content of label; cannabis. All cannabis flower and hemp-derived consumer 
105.28 	products that consist of hemp plant parts sold to customers or patients must have affixed 
105.29 	on the packaging or container of the cannabis flower or hemp-derived consumer product a 
105.30 	label that contains at least the following information:
106.1 	(1) the name and license number of the cannabis cultivator, cannabis microbusiness, 
106.2 	medical cannabis cultivator, or industrial hemp grower where the cannabis flower or hemp 
106.3 	plant part was cultivated;
106.4 	(2) the net weight or volume of cannabis flower or hemp plant parts in the package or 
106.5 	container;
106.6 	(3) the batch number;
106.7 	(4) the cannabinoid profile;
106.8 	(5) a universal symbol established by the office indicating that the package or container 
106.9 	contains cannabis flower, a cannabis product, or a hemp-derived consumer product;
106.10 	(6) verification that the cannabis flower or hemp plant part was tested according to 
106.11 	section 342.60 and that the cannabis flower or hemp plant part complies with the applicable 
106.12 	standards;
106.13 	(7) the maximum dose, quantity, or consumption that may be considered medically safe 
106.14 	within a 24-hour period;
106.15 	(8) the following statement: "Keep this product out of reach of children."; and
106.16 	(9) any other statements or information required by the office.
106.17 		Subd. 3.Content of label; cannabinoid products. (a) All cannabinoid products and 
106.18 	hemp-derived consumer products other than products subject to the requirements under 
106.19 	subdivision 2 and hemp-derived topical products sold to customers or patients must have 
106.20 	affixed to the packaging or container of the cannabis product a label that contains at least 
106.21 	the following information:
106.22 	(1) the name and license number of the cannabis cultivator, cannabis microbusiness, 
106.23 	medical cannabis cultivator, or industrial hemp grower that cultivated the cannabis flower 
106.24 	or hemp plant parts used in the cannabinoid product;
106.25 	(2) the name and license number of the cannabis manufacturer, cannabis microbusiness, 
106.26 	or medical cannabis business that manufactured the cannabis concentrate or artificially 
106.27 	derived cannabinoid and if different, the name and license number of the cannabis 
106.28 	manufacturer, cannabis microbusiness, or medical cannabis business that manufactured the 
106.29 	cannabinoid product;
106.30 	(3) the net weight or volume of the cannabinoid product or hemp-derived consumer 
106.31 	product in the package or container;
106.32 	(4) the type of cannabinoid product or hemp-derived consumer product;
107.1 	(5) the batch number;
107.2 	(6) the serving size;
107.3 	(7) the cannabinoid profile per serving and in total;
107.4 	(8) a list of ingredients;
107.5 	(9) a universal symbol established by the office indicating that the package or container 
107.6 	contains cannabis flower, a cannabis product, or a hemp-derived consumer product;
107.7 	(10) verification that the cannabinoid product or hemp-derived consumer product was 
107.8 	tested according to section 342.60 and that the cannabinoid product or hemp-derived 
107.9 	consumer product complies with the applicable standards;
107.10 	(11) the maximum dose, quantity, or consumption that may be considered medically 
107.11 	safe within a 24-hour period;
107.12 	(12) the following statement: "Keep this product out of reach of children."; and
107.13 	(13) any other statements or information required by the office.
107.14 	(b) The office may by rule establish alternative labeling requirements for lower potency 
107.15 	edible products that are imported into the state provided that those requirements provide 
107.16 	consumers with information that is substantially similar to the information described in 
107.17 	paragraph (a).
107.18 		Subd. 4.Additional content of label; medical cannabis flower and medical 
107.19 	cannabinoid products. In addition to the applicable requirements for labeling under 
107.20 	subdivision 2 or 3, all medical cannabis flower and medical cannabinoid products must 
107.21 	include at least the following information on the label affixed to the packaging or container 
107.22 	of the medical cannabis flower or medical cannabinoid product:
107.23 	(1) the patient's name and date of birth;
107.24 	(2) the name and date of birth of the patient's registered designated caregiver or, if listed 
107.25 	on the registry verification, the name of the patient's parent, legal guardian, or spouse, if 
107.26 	applicable; and
107.27 	(3) the patient's registry identification number.
107.28 		Subd. 5.Content of label; hemp-derived topical products. (a) All hemp-derived topical 
107.29 	products sold to customers must have affixed to the packaging or container of the product 
107.30 	a label that contains at least the following information:
107.31 	(1) the manufacturer name, location, phone number, and website;
108.1 	(2) the name and address of the independent, accredited laboratory used by the 
108.2 	manufacturer to test the product;
108.3 	(3) the net weight or volume of the product in the package or container;
108.4 	(4) the type of topical product;
108.5 	(5) the amount or percentage of cannabidiol, cannabigerol, or any other cannabinoid, 
108.6 	derivative, or extract of hemp, per serving and in total;
108.7 	(6) a list of ingredients;
108.8 	(7) a statement that the product does not claim to diagnose, treat, cure, or prevent any 
108.9 	disease and that the product has not been evaluated or approved by the United States Food 
108.10 	and Drug Administration, unless the product has been so approved; and
108.11 	(8) any other statements or information required by the office.
108.12 	(b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided 
108.13 	through the use of a scannable barcode or matrix barcode that links to a page on a website 
108.14 	maintained by the manufacturer or distributor if that page contains all of the information 
108.15 	required by this subdivision.
108.16 		Subd. 6.Additional information. A cannabis retailer, cannabis microbusiness, or 
108.17 	medical cannabis retailer may provide customers and patients with the following information 
108.18 	by including the information on the label affixed to the packaging or container of cannabis 
108.19 	flower, a cannabinoid product, or a hemp-derived consumer product; by posting the 
108.20 	information in the premises of the cannabis retailer, cannabis microbusiness, or medical 
108.21 	cannabis retailer; by providing the information on a separate document or pamphlet provided 
108.22 	to customers or patients when the customer purchases cannabis flower, a cannabinoid 
108.23 	product, or a hemp-derived consumer product:
108.24 	(1) factual information about impairment effects and the expected timing of impairment 
108.25 	effects, side effects, adverse effects, and health risks of cannabis flower, cannabinoid 
108.26 	products, and hemp-derived consumer products;
108.27 	(2) a statement that customers and patients must not operate a motor vehicle or heavy 
108.28 	machinery while under the influence of cannabis flower or a cannabinoid product;
108.29 	(3) resources customers and patients may consult to answer questions about cannabis 
108.30 	flower, cannabinoid products, hemp-derived consumer products, and any side effects and 
108.31 	adverse effects;
109.1 	(4) contact information for the poison control center and a safety hotline or website for 
109.2 	customers to report and obtain advice about side effects and adverse effects of cannabis 
109.3 	flower and cannabinoid products; and
109.4 	(5) any other information specified by the office.

109.5 	Sec. 58. [342.66] ADVERTISEMENT.
109.6 		Subdivision 1.Limitations applicable to all advertisements. No cannabis business or 
109.7 	other person shall publish or cause to be published an advertisement for cannabis flower, a 
109.8 	cannabis business, a cannabinoid product, or a hemp-derived consumer product in a manner 
109.9 	that:
109.10 	(1) contains false or misleading statements;
109.11 	(2) contains unverified claims about the health or therapeutic benefits or effects of 
109.12 	consuming cannabis or a cannabis product;
109.13 	(3) promotes the overconsumption of cannabis flower, cannabinoid products, or 
109.14 	hemp-derived consumer products;
109.15 	(4) depicts a person under 21 years of age consuming cannabis flower, cannabinoid 
109.16 	products, or hemp-derived consumer products; or
109.17 	(5) includes an image designed or likely to appeal to individuals under 21 years of age, 
109.18 	including cartoons, toys, animals, or children, or any other likeness to images, characters, 
109.19 	or phrases that is designed to be appealing to individuals under 21 years of age or encourage 
109.20 	consumption by individuals under 21 years of age.
109.21 		Subd. 2.Outdoor advertisements; cannabis business signs. (a) An outdoor 
109.22 	advertisement of cannabis flower, a cannabis business, a cannabinoid product, or a 
109.23 	hemp-derived consumer product is prohibited.
109.24 	(b) A cannabis business may erect up to two fixed outdoor signs on the exterior of the 
109.25 	building or property of the cannabis business. A fixed outdoor sign:
109.26 	(1) may contain the name of the cannabis business and the address and nature of the 
109.27 	cannabis business; and
109.28 	(2) shall not include a logo or an image of any kind.
109.29 		Subd. 3.Audience under 21 years of age. A cannabis business or other person shall 
109.30 	not publish or cause to be published an advertisement for cannabis flower, a cannabis 
109.31 	business, a cannabinoid product, or a hemp-derived consumer product in any print publication 
110.1 	or on radio, television, or any other medium if 30 percent or more of the audience of that 
110.2 	medium is reasonably expected to be individuals who are under 21 years of age, as 
110.3 	determined by reliable, current audience composition data.
110.4 		Subd. 4.Certain unsolicited advertising. A cannabis business or another person shall 
110.5 	not utilize unsolicited pop-up advertisements on the internet to advertise cannabis flower, 
110.6 	a cannabis business, a cannabinoid product, or a hemp-derived consumer product.
110.7 		Subd. 5.Advertising using direct, individualized communication or dialogue. Before 
110.8 	a cannabis business or another person may advertise cannabis flower, a cannabis business, 
110.9 	a cannabinoid product, or a hemp-derived consumer product through direct, individualized 
110.10 	communication or dialogue controlled by the cannabis business or other person, the cannabis 
110.11 	business or other person must use a method of age affirmation to verify that the recipient 
110.12 	of the direct, individualized communication or dialogue is 21 years of age or older. For 
110.13 	purposes of this subdivision, the method of age affirmation may include user confirmation, 
110.14 	birth date disclosure, or another similar registration method.
110.15 		Subd. 6.Advertising using location-based devices. A cannabis business or another 
110.16 	person shall not advertise cannabis flower, a cannabis business, a cannabinoid product, or 
110.17 	a hemp-derived consumer product with advertising directed toward location-based devices, 
110.18 	including but not limited to cellular telephones, unless:
110.19 	(1) the advertising occurs via a mobile device application that is installed on the device 
110.20 	by the device's owner and includes a permanent and easy to implement opt-out feature; and
110.21 	(2) the owner of the device is 21 years of age or older.
110.22 		Subd. 7.Advertising restrictions for health care practitioners under the medical 
110.23 	cannabis program. (a) A health care practitioner shall not publish or cause to be published 
110.24 	an advertisement that:
110.25 	(1) contains false or misleading statements about the registry program;
110.26 	(2) uses colloquial terms to refer to medical cannabis flower or medical cannabinoid 
110.27 	products, such as pot, weed, or grass;
110.28 	(3) states or implies that the health care practitioner is endorsed by the office, the Division 
110.29 	of Medical Cannabis, or the registry program;
110.30 	(4) includes images of cannabis flower, hemp plant parts, or images of paraphernalia 
110.31 	commonly used to smoke cannabis flower; or
111.1 	(5) contains medical symbols that could reasonably be confused with symbols of 
111.2 	established medical associations or groups.
111.3 	(b) A health care practitioner found by the office to have violated this subdivision is 
111.4 	prohibited from certifying that patients have a qualifying medical condition for purposes 
111.5 	of patient participation in the registry program. A decision by the office that a health care 
111.6 	practitioner has violated this subdivision is a final decision and is not subject to the contested 
111.7 	case procedures in chapter 14.

111.8 	Sec. 59. [342.68] INDUSTRIAL HEMP.
111.9 	Nothing in this chapter shall limit the ability of a person licensed under chapter 18K to 
111.10 	grow industrial hemp for commercial or research purposes, process industrial hemp for 
111.11 	commercial purposes, sell hemp fiber products and hemp grain, manufacture hemp-derived 
111.12 	topical products, or perform any other actions authorized by the commissioner of agriculture. 
111.13 	For purposes of this section, "processing" has the meaning given in section 18K.02, 
111.14 	subdivision 5, and does not include the process of creating artificially derived cannabinoids.

111.15 	Sec. 60. [342.69] HEMP-DERIVED TOPICAL PRODUCTS.
111.16 		Subdivision 1.Scope. This section applies to the manufacture, marketing, distribution, 
111.17 	and sale of hemp-derived topical products.
111.18 		Subd. 2.Approved cannabinoids. (a) Products manufactured, marketed, distributed, 
111.19 	and sold under this section may contain cannabidiol or cannabigerol. Except as provided 
111.20 	in paragraph (c), products may not contain any other cannabinoid unless approved by the 
111.21 	office.
111.22 	(b) The office may approve any cannabinoid, other than any tetrahydrocannabinol, and 
111.23 	authorize its use in manufacturing, marketing, distribution, and sales under this section if 
111.24 	the office determines that the cannabinoid is a nonintoxicating cannabinoid.
111.25 	(c) A product manufactured, marketed, distributed, and sold under this section may 
111.26 	contain cannabinoids other than cannabidiol, cannabigerol, or any other cannabinoid approved 
111.27 	by the office provided that the cannabinoids are naturally occurring in hemp plants or hemp 
111.28 	plant parts and the total of all other cannabinoids present in a product does not exceed one 
111.29 	milligram per package.
111.30 		Subd. 3.Approved products. Products sold to consumers under this section may only 
111.31 	be manufactured, marketed, distributed, intended, or generally expected to be used by 
111.32 	applying the product externally to a part of the body of a human or animal.
112.1 		Subd. 4.Prohibitions. (a) A product sold to consumers under this section must not be 
112.2 	manufactured, marketed, distributed, or intended:
112.3 	(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention 
112.4 	of disease in humans or other animals;
112.5 	(2) to affect the structure or any function of the bodies of humans or other animals;
112.6 	(3) to be consumed by combustion or vaporization of the product and inhalation of 
112.7 	smoke, aerosol, or vapor from the product;
112.8 	(4) to be consumed through chewing; or
112.9 	(5) to be consumed through injection or application to a mucous membrane or nonintact 
112.10 	skin.
112.11 	(b) A product manufactured, marketed, distributed, or sold to consumers under this 
112.12 	section must not:
112.13 	(1) consist, in whole or in part, of any filthy, putrid, or decomposed substance;
112.14 	(2) have been produced, prepared, packed, or held under unsanitary conditions where 
112.15 	the product may have been rendered injurious to health, or where the product may have 
112.16 	been contaminated with filth;
112.17 	(3) be packaged in a container that is composed, in whole or in part, of any poisonous 
112.18 	or deleterious substance that may render the contents injurious to health;
112.19 	(4) contain any additives or excipients that have been found by the United States Food 
112.20 	and Drug Administration to be unsafe for human or animal consumption;
112.21 	(5) contain a cannabinoid or an amount or percentage of cannabinoids that is different 
112.22 	than the information stated on the label;
112.23 	(6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid 
112.24 	approved by the office, in an amount that exceeds the standard established in subdivision 
112.25 	2, paragraph (c); or
112.26 	(7) contain any contaminants for which testing is required by the office in amounts that 
112.27 	exceed the acceptable minimum standards established by the office.
112.28 	(c) No product containing any cannabinoid may be sold to any individual who is under 
112.29 	21 years of age.
112.30 		Subd. 5.Enforcement. The office may enforce this section under the relevant provisions 
112.31 	of section 342.18.

113.1 	Sec. 61. [342.70] LEGAL ASSISTANCE TO CANNABIS BUSINESSES.
113.2 	An attorney must not be subject to disciplinary action by the Minnesota Supreme Court 
113.3 	or professional responsibility board for providing legal assistance to prospective or licensed 
113.4 	cannabis businesses or others for activities that do not violate this chapter or chapter 152.

113.5 	Sec. 62. [342.71] CANNABIS INDUSTRY COMMUNITY RENEWAL GRANTS.
113.6 		Subdivision 1.Establishment. The Office of Cannabis Management shall establish 
113.7 	CanRenew, a program to award grants to eligible organizations for investments in 
113.8 	communities where long-term residents are eligible to be social equity applicants.
113.9 		Subd. 2.Definitions. (a) For the purposes of this section, the following terms have the 
113.10 	meanings given.
113.11 	(b) "Community investment" means a project or program designed to improve 
113.12 	community-wide outcomes or experiences and may include efforts targeting economic 
113.13 	development, violence prevention, youth development, or civil legal aid, among others.
113.14 	(c) "Eligible community" means a community where long-term residents are eligible to 
113.15 	be social equity applicants.
113.16 	(d) "Eligible organization" means any organization able to make an investment in a 
113.17 	community where long-term residents are eligible to be social equity applicants and may 
113.18 	include educational institutions, nonprofit organizations, private businesses, community 
113.19 	groups, units of local government, or partnerships between different types of organizations.
113.20 	(e) "Program" means the CanRenew grant program.
113.21 	(f) "Social equity applicant" means a person who meets the qualification requirements 
113.22 	in section 342.16.
113.23 		Subd. 3.Grants to organizations. (a) The office must award grants to eligible 
113.24 	organizations through a competitive grant process.
113.25 	(b) To receive grant money, an eligible organization must submit a written application 
113.26 	to the office, using a form developed by the office, explaining the community investment 
113.27 	the organization wants to make in an eligible community.
113.28 	(c) An eligible organization's grant application must also include:
113.29 	(1) an analysis of the community's need for the proposed investment;
113.30 	(2) a description of the positive impact that the proposed investment is expected to 
113.31 	generate for that community;
114.1 	(3) any evidence of the organization's ability to successfully achieve that positive impact;
114.2 	(4) any evidence of the organization's past success in making similar community 
114.3 	investments;
114.4 	(5) an estimate of the cost of the proposed investment;
114.5 	(6) the sources and amounts of any nonstate funds or in-kind contributions that will 
114.6 	supplement grant money; and
114.7 	(7) any additional information requested by the office.
114.8 	(d) In awarding grants under this subdivision, the office shall give weight to applications 
114.9 	from organizations that demonstrate a history of successful community investments, 
114.10 	particularly in geographic areas that are now eligible communities. The office shall also 
114.11 	give weight to applications where there is demonstrated community support for the proposed 
114.12 	investment. The office shall fund investments in eligible communities throughout the state.
114.13 		Subd. 4.Program outreach. The office shall make extensive efforts to publicize these 
114.14 	grants, including through partnerships with community organizations, particularly those 
114.15 	located in eligible communities.
114.16 		Subd. 5.Reports to the legislature. By January 15, 2024, and each January 15 thereafter, 
114.17 	the office must submit a report to the chairs and ranking minority members of the committees 
114.18 	of the house of representatives and the senate having jurisdiction over community 
114.19 	development that details awards given through the CanRenew program and the use of grant 
114.20 	money, including any measures of successful community impact from the grants.

114.21 	Sec. 63. [342.72] SUBSTANCE USE DISORDER TREATMENT AND PREVENTION 
114.22 	GRANTS.
114.23 		Subdivision 1.Account established; appropriation. A substance use disorder treatment 
114.24 	and prevention grant account is created in the special revenue fund. Money in the account, 
114.25 	including interest earned, is appropriated to the office for the purposes specified in this 
114.26 	section.
114.27 		Subd. 2.Acceptance of gifts and grants. Notwithstanding sections 16A.013 to 16A.016, 
114.28 	the office may accept money contributed by individuals and may apply for grants from 
114.29 	charitable foundations to be used for the purposes identified in this section. The money 
114.30 	accepted under this section must be deposited in the substance use disorder treatment and 
114.31 	prevention grant account created under subdivision 1.
115.1 		Subd. 3.Disposition of money; grants. (a) Money in the substance use disorder treatment 
115.2 	and prevention grant account must be distributed as follows:
115.3 	(1) 75 percent of the money is for grants for substance use disorder treatment, as defined 
115.4 	in section 245G.01, subdivision 24, and may be used for substance use disorder treatment 
115.5 	provider rate increases and programs to provide education and training to providers of 
115.6 	substance use disorder treatment on the signs of substance use disorder and effective 
115.7 	treatments for substance use disorder. The office shall consult with the commissioner of 
115.8 	human services to determine appropriate provider rate increases or modifications to existing 
115.9 	payment methodologies;
115.10 	(2) 20 percent of the money is for grants for substance use disorder prevention; and
115.11 	(3) five percent of the money is for grants to educate pregnant women, breastfeeding 
115.12 	women, and women who may become pregnant on the adverse health effects of substance 
115.13 	use.
115.14 	(b) The office shall consult with the commissioner of human services, the commissioner 
115.15 	of health, and the Substance Use Disorder Advisory Council to develop an appropriate 
115.16 	application process, establish grant requirements, determine what organizations are eligible 
115.17 	to receive grants, and establish reporting requirements for grant recipients.
115.18 		Subd. 4.Reports to the legislature. By January 15, 2024, and each January 15 thereafter, 
115.19 	the office must submit a report to the chairs and ranking minority members of the committees 
115.20 	of the house of representatives and the senate having jurisdiction over health and human 
115.21 	services policy and finance that details grants awarded from the substance use disorder 
115.22 	treatment and prevention grant account, including the total amount awarded, total number 
115.23 	of recipients, and geographic distribution of those recipients.

115.24 	Sec. 64. [342.73] CANNABIS GROWER GRANTS.
115.25 		Subdivision 1.Establishment. The office, in consultation with the commissioner of 
115.26 	agriculture, shall establish CanGrow, a program to award grants to (1) eligible organizations 
115.27 	to help farmers navigate the regulatory structure of the legal cannabis industry, and (2) 
115.28 	nonprofit corporations to fund loans to farmers for expansion into the legal cannabis industry.
115.29 		Subd. 2.Definitions. (a) For the purposes of this section, the following terms have the 
115.30 	meanings given.
115.31 	(b) "Eligible organization" means any organization capable of helping farmers navigate 
115.32 	the regulatory structure of the legal cannabis industry, particularly individuals facing barriers 
115.33 	to education or employment, and may include educational institutions, nonprofit 
116.1 	organizations, private businesses, community groups, units of local government, or 
116.2 	partnerships between different types of organizations.
116.3 	(c) "Industry" means the legal cannabis industry in the state of Minnesota.
116.4 	(d) "Program" means the CanGrow grant program.
116.5 	(e) "Social equity applicant" means a person who meets the qualification requirements 
116.6 	in section 342.16.
116.7 		Subd. 3.Technical assistance grants. (a) Grant money awarded to eligible organizations 
116.8 	may be used for both developing technical assistance resources relevant to the regulatory 
116.9 	structure of the legal cannabis industry and for providing such technical assistance or 
116.10 	navigation services to farmers.
116.11 	(b) The office must award grants to eligible organizations through a competitive grant 
116.12 	process.
116.13 	(c) To receive grant money, an eligible organization must submit a written application 
116.14 	to the office, using a form developed by the office, explaining the organization's ability to 
116.15 	assist farmers in navigating the regulatory structure of the legal cannabis industry, particularly 
116.16 	farmers facing barriers to education or employment.
116.17 	(d) An eligible organization's grant application must also include:
116.18 	(1) a description of the proposed technical assistance or navigation services, including 
116.19 	the types of farmers targeted for assistance;
116.20 	(2) any evidence of the organization's past success in providing technical assistance or 
116.21 	navigation services to farmers, particularly farmers who live in areas where long-term 
116.22 	residents are eligible to be social equity applicants;
116.23 	(3) an estimate of the cost of providing the technical assistance;
116.24 	(4) the sources and amounts of any nonstate funds or in-kind contributions that will 
116.25 	supplement grant money, including any amounts that farmers will be charged to receive 
116.26 	assistance; and
116.27 	(5) any additional information requested by the office.
116.28 	(e) In awarding grants under this subdivision, the office shall give weight to applications 
116.29 	from organizations that demonstrate a history of successful technical assistance or navigation 
116.30 	services, particularly for farmers facing barriers to education or employment. The office 
116.31 	shall also give weight to applications where the proposed technical assistance will serve 
117.1 	areas where long-term residents are eligible to be social equity applicants. The office shall 
117.2 	fund technical assistance to farmers throughout the state.
117.3 		Subd. 4.Loan financing grants. (a) The office shall establish a revolving loan account 
117.4 	to make loan financing grants under the CanGrow program.
117.5 	(b) The office must award grants to nonprofit corporations through a competitive grant 
117.6 	process.
117.7 	(c) To receive grant money, a nonprofit corporation must submit a written application 
117.8 	to the office using a form developed by the office.
117.9 	(d) In awarding grants under this subdivision, the office shall give weight to whether 
117.10 	the nonprofit corporation:
117.11 	(1) has a board of directors that includes individuals experienced in agricultural business 
117.12 	development;
117.13 	(2) has the technical skills to analyze projects;
117.14 	(3) is familiar with other available public and private funding sources and economic 
117.15 	development programs;
117.16 	(4) can initiate and implement economic development projects;
117.17 	(5) can establish and administer a revolving loan account; and
117.18 	(6) has established relationships with communities where long-term residents are eligible 
117.19 	to be social equity applicants.
117.20 	The office shall make grants that will help farmers enter the legal cannabis industry 
117.21 	throughout the state.
117.22 	(e) A nonprofit corporation that receives grants under the program must:
117.23 	(1) establish an office-certified revolving loan account for the purpose of making eligible 
117.24 	loans; and
117.25 	(2) enter into an agreement with the office that the office shall fund loans that the 
117.26 	nonprofit corporation makes to farmers entering the legal cannabis industry. The office shall 
117.27 	review existing agreements with nonprofit corporations every five years and may renew or 
117.28 	terminate an agreement based on that review. In making this review, the office shall consider, 
117.29 	among other criteria, the criteria in paragraph (d).
117.30 		Subd. 5.Loans to farmers. (a) The criteria in this subdivision apply to loans made by 
117.31 	nonprofit corporations under the program.
118.1 	(b) A loan must be used to support a farmer in entering the legal cannabis industry. 
118.2 	Priority must be given to loans to businesses owned by farmers who are eligible to be social 
118.3 	equity applicants and businesses located in communities where long-term residents are 
118.4 	eligible to be social equity applicants.
118.5 	(c) Loans must be made to businesses that are not likely to undertake the project for 
118.6 	which loans are sought without assistance from the program.
118.7 	(d) The minimum state contribution to a loan is $2,500 and the maximum is either:
118.8 	(1) $50,000; or
118.9 	(2) $150,000, if state contributions are matched by an equal or greater amount of new 
118.10 	private investment.
118.11 	(e) Loan applications given preliminary approval by the nonprofit corporation must be 
118.12 	forwarded to the office for approval. The office must give final approval for each loan made 
118.13 	by the nonprofit corporation under the program.
118.14 	(f) If the borrower has met lender criteria, including being current with all payments for 
118.15 	a minimum of three years, the office may approve either full or partial forgiveness of interest 
118.16 	or principal amounts.
118.17 		Subd. 6.Revolving loan account administration. (a) The office shall establish a 
118.18 	minimum interest rate for loans or guarantees to ensure that necessary loan administration 
118.19 	costs are covered. The interest rate charged by a nonprofit corporation for a loan under this 
118.20 	section must not exceed the Wall Street Journal prime rate. For a loan under this section, 
118.21 	the nonprofit corporation may charge a loan origination fee equal to or less than one percent 
118.22 	of the loan value. The nonprofit corporation may retain the amount of the origination fee.
118.23 	(b) Loan repayment of principal must be paid to the office for deposit in the revolving 
118.24 	loan account. Loan interest payments must be deposited in a revolving loan account created 
118.25 	by the nonprofit corporation originating the loan being repaid for further distribution or use, 
118.26 	consistent with the criteria of this section.
118.27 	(c) Administrative expenses of the nonprofit corporations with whom the office enters 
118.28 	into agreements, including expenses incurred by a nonprofit corporation in providing 
118.29 	financial, technical, managerial, and marketing assistance to a business receiving a loan 
118.30 	under this section, are eligible program expenses that the office may agree to pay under the 
118.31 	grant agreement.
119.1 		Subd. 7.Program outreach. The office shall make extensive efforts to publicize these 
119.2 	grants, including through partnerships with community organizations, particularly those 
119.3 	located in areas where long-term residents are eligible to be social equity applicants.
119.4 		Subd. 8.Reporting requirements. (a) A nonprofit corporation that receives a grant 
119.5 	under subdivision 4 shall:
119.6 	(1) submit an annual report to the office by January 15 of each year that the nonprofit 
119.7 	corporation participates in the program that includes a description of agricultural businesses 
119.8 	supported by the grant program, an account of loans made during the calendar year, the 
119.9 	program's impact on farmers' ability to expand into the legal cannabis industry, the source 
119.10 	and amount of money collected and distributed by the program, the program's assets and 
119.11 	liabilities, and an explanation of administrative expenses; and
119.12 	(2) provide for an independent annual audit to be performed in accordance with generally 
119.13 	accepted accounting practices and auditing standards and submit a copy of each annual 
119.14 	audit report to the office.
119.15 	(b) By February 15, 2024, and each February 15 thereafter, the office must submit a 
119.16 	report to the chairs and ranking minority members of the committees of the house of 
119.17 	representatives and the senate having jurisdiction over agriculture that details awards given 
119.18 	through the CanGrow program and the use of grant money, including any measures of 
119.19 	success toward helping farmers enter the legal cannabis industry.

119.20 	Sec. 65. [342.79] SUBSTANCE USE DISORDER ADVISORY COUNCIL.
119.21 		Subdivision 1.Establishment. The Substance Use Disorder Advisory Council is 
119.22 	established to develop and implement a comprehensive and effective statewide approach 
119.23 	to substance use disorder prevention and treatment. The council shall:
119.24 	(1) establish priorities to address public education and substance use disorder prevention 
119.25 	and treatment needs;
119.26 	(2) make recommendations to the legislature on the amount of money to be allocated 
119.27 	for substance use disorder prevention and treatment initiatives;
119.28 	(3) make recommendations to the commissioner of human services on grant and funding 
119.29 	options for money appropriated from the general fund to the commissioner of human services 
119.30 	for substance use disorder prevention and treatment;
119.31 	(4) recommend to the commissioner of human services specific programs, projects, and 
119.32 	initiatives to be funded; and
120.1 	(5) consult with the commissioners of human services, health, and management and 
120.2 	budget to develop measurable outcomes to determine the effectiveness of programs, projects, 
120.3 	and initiatives funded.
120.4 		Subd. 2.Membership. (a) The council shall consist of the following members, appointed 
120.5 	by the commissioner of human services, except as otherwise specified:
120.6 	(1) two members of the house of representatives, one from the majority party appointed 
120.7 	by the speaker and one from the minority party appointed by the minority leader of the 
120.8 	house of representatives;
120.9 	(2) two members of the senate, one from the majority party appointed by the senate 
120.10 	majority leader and one from the minority party appointed by the senate minority leader;
120.11 	(3) the commissioner of human services or a designee;
120.12 	(4) the director of the Office of Cannabis Management or a designee;
120.13 	(5) two members representing substance use disorder treatment programs licensed under 
120.14 	chapter 245G;
120.15 	(6) one public member who is a Minnesota resident and in recovery from a substance 
120.16 	use disorder;
120.17 	(7) one public member who is a family member of a person with a substance use disorder;
120.18 	(8) one member who is a physician with experience in substance use disorders;
120.19 	(9) one member who is a licensed psychologist, licensed professional clinical counselor, 
120.20 	licensed marriage and family therapist, or licensed social worker;
120.21 	(10) one member of each federally recognized Tribal Nation within the geographical 
120.22 	boundaries of the state of Minnesota;
120.23 	(11) one mental health advocate representing persons with mental illness;
120.24 	(12) one member representing county social services agencies;
120.25 	(13) one patient advocate;
120.26 	(14) a representative from a community that experienced a disproportionate, negative 
120.27 	impact from cannabis prohibition;
120.28 	(15) one veteran; and
120.29 	(16) one parent of a medical cannabis patient who is under age 21.
121.1 	(b) The commissioner of human services shall coordinate appointments to ensure the 
121.2 	geographic diversity of council members and shall ensure that at least one-third of council 
121.3 	members reside outside of the seven-county metropolitan area.
121.4 	(c) The council is governed by section 15.059, except that members of the council shall 
121.5 	receive no compensation other than reimbursement for expenses. Notwithstanding section 
121.6 	15.059, subdivision 6, the council shall not expire.
121.7 	(d) The chair shall convene the council on a quarterly basis and may convene other 
121.8 	meetings as necessary. The chair shall convene meetings at different locations in the state 
121.9 	to provide geographic access to members of the public.
121.10 	(e) The commissioner of human services shall provide staff and administrative services 
121.11 	for the advisory council.
121.12 	(f) The council is subject to chapter 13D.
121.13 		Subd. 3.Report and grants. (a) The commissioner of human services shall submit a 
121.14 	report of the grants and funding recommended by the advisory council to be awarded for 
121.15 	the upcoming fiscal year to the chairs and ranking minority members of the legislative 
121.16 	committees with jurisdiction over health and human services policy and finance by March 
121.17 	1 of each year, beginning March 1, 2024.
121.18 	(b) When awarding grants, the commissioner of human services shall consider the 
121.19 	programs, projects, and initiatives recommended by the council that address the priorities 
121.20 	established by the council, unless otherwise appropriated by the legislature.

121.21 	Sec. 66. [342.80] LAWFUL ACTIVITIES.
121.22 	(a) Notwithstanding any law to the contrary, the cultivation, manufacturing, possessing, 
121.23 	and selling of cannabis flower, cannabinoid products, artificially derived cannabinoids, and 
121.24 	hemp-derived consumer products by a licensed cannabis business in conformity with the 
121.25 	rights granted by a cannabis business license is lawful and may not be the grounds for the 
121.26 	seizure or forfeiture of property, arrest or prosecution, or search or inspections except as 
121.27 	provided by this chapter.
121.28 	(b) A person acting as an agent of a licensed cannabis retailer or licensed cannabis 
121.29 	microbusiness who sells or otherwise transfers cannabis flower, cannabinoid products, or 
121.30 	hemp-derived consumer products to a person under 21 years of age is not subject to arrest, 
121.31 	prosecution, or forfeiture of property if the person complied with section 342.27, subdivision 
121.32 	3, and any rules promulgated pursuant to this chapter.

122.1 	Sec. 67. [342.81] CIVIL ACTIONS.
122.2 		Subdivision 1.Right of action. A spouse, child, parent, guardian, employer, or other 
122.3 	person injured in person, property, or means of support or who incurs other pecuniary loss 
122.4 	by an intoxicated person or by the intoxication of another person, has a right of action in 
122.5 	the person's own name for all damages sustained against a person who caused the intoxication 
122.6 	of that person by illegally selling cannabis flower or cannabinoid products. All damages 
122.7 	recovered by a minor under this section must be paid either to the minor or to the minor's 
122.8 	parent, guardian, or next friend as the court directs.
122.9 		Subd. 2.Actions. All suits for damages under this section must be by civil action in a 
122.10 	court of this state having jurisdiction.
122.11 		Subd. 3.Comparative negligence. Actions under this section are governed by section 
122.12 	604.01.
122.13 		Subd. 4.Defense. It is a defense for the defendant to prove by a preponderance of the 
122.14 	evidence that the defendant reasonably and in good faith relied upon representations of 
122.15 	proof of age in selling, bartering, furnishing, or giving the cannabis or cannabis product.
122.16 		Subd. 5.Subrogation claims denied. There shall be no recovery by any insurance 
122.17 	company against any cannabis retailer or cannabis microbusiness under subrogation clauses 
122.18 	of the uninsured, underinsured, collision, or other first-party coverages of a motor vehicle 
122.19 	insurance policy as a result of payments made by the company to persons who have claims 
122.20 	that arise in whole or in part under this section. Section 65B.53, subdivision 3, does not 
122.21 	apply to actions under this section.
122.22 		Subd. 6.Common law claims. Nothing in this chapter precludes common law tort claims 
122.23 	against any person 21 years old or older who knowingly provides or furnishes cannabis 
122.24 	flower or cannabinoid products to a person under the age of 21 years.

122.25 	Sec. 68.  SUBSTANCE USE DISORDER ADVISORY COUNCIL FIRST MEETING.
 122.26 	The commissioner of human services shall convene the first meeting of the Substance 
122.27 	Use Disorder Advisory Council established under Minnesota Statutes, section 342.79, no 
122.28 	later than October 1, 2023. The members shall elect a chair at the first meeting.

122.29 	Sec. 69. EFFECTIVE DATE.
 122.30 	Except as otherwise provided, each section of this article is effective July 1, 2023.

123.1 	ARTICLE 2
123.2 	TAXES

123.3 	Section 1. Minnesota Statutes 2022, section 273.13, subdivision 24, is amended to read:
123.4 		Subd. 24.Class 3.  Commercial and industrial property and utility real and personal 
123.5 	property is class 3a.
123.6 	(1) Except as otherwise provided, each parcel of commercial, industrial, or utility real 
123.7 	property has a classification rate of 1.5 percent of the first tier of market value, and 2.0 
123.8 	percent of the remaining market value. In the case of contiguous parcels of property owned 
123.9 	by the same person or entity, only the value equal to the first-tier value of the contiguous 
123.10 	parcels qualifies for the reduced classification rate, except that contiguous parcels owned 
123.11 	by the same person or entity shall be eligible for the first-tier value classification rate on 
123.12 	each separate business operated by the owner of the property, provided the business is 
123.13 	housed in a separate structure. For the purposes of this subdivision, the first tier means the 
123.14 	first $150,000 of market value. Real property owned in fee by a utility for transmission line 
123.15 	right-of-way shall be classified at the classification rate for the higher tier.
123.16 	For purposes of this subdivision, parcels are considered to be contiguous even if they 
123.17 	are separated from each other by a road, street, waterway, or other similar intervening type 
123.18 	of property. Connections between parcels that consist of power lines or pipelines do not 
123.19 	cause the parcels to be contiguous. Property owners who have contiguous parcels of property 
123.20 	that constitute separate businesses that may qualify for the first-tier classification rate shall 
123.21 	notify the assessor by July 1, for treatment beginning in the following taxes payable year.
123.22 	(2) All personal property that is: (i) part of an electric generation, transmission, or 
123.23 	distribution system; or (ii) part of a pipeline system transporting or distributing water, gas, 
123.24 	crude oil, or petroleum products; and (iii) not described in clause (3), and all railroad 
123.25 	operating property has a classification rate as provided under clause (1) for the first tier of 
123.26 	market value and the remaining market value. In the case of multiple parcels in one county 
123.27 	that are owned by one person or entity, only one first tier amount is eligible for the reduced 
123.28 	rate.
123.29 	(3) The entire market value of personal property that is: (i) tools, implements, and 
123.30 	machinery of an electric generation, transmission, or distribution system; (ii) tools, 
123.31 	implements, and machinery of a pipeline system transporting or distributing water, gas, 
123.32 	crude oil, or petroleum products; or (iii) the mains and pipes used in the distribution of 
123.33 	steam or hot or chilled water for heating or cooling buildings, has a classification rate as 
123.34 	provided under clause (1) for the remaining market value in excess of the first tier.
124.1 	(4) Property used for raising, cultivating, processing, or storing cannabis plants, cannabis 
124.2 	flower, or cannabinoid products for sale has a classification rate as provided under clause 
124.3 	(1) for the first tier of market value and the remaining market value. As used in this 
124.4 	paragraph, "cannabis plant" has the meaning given in section 342.01, subdivision 19; 
124.5 	"cannabis flower" has the meaning given in section 342.01, subdivision 16; "cannabinoid 
124.6 	product" has the meaning given in section 342.01, subdivision 12; and "lower potency edible 
124.7 	product" has the meaning given in section 342.01, subdivision 45.

124.8 	EFFECTIVE DATE. This section is effective beginning with property taxes payable 
124.9 	in 2024 and thereafter.

124.10 	Sec. 2. Minnesota Statutes 2022, section 275.025, subdivision 2, is amended to read:
124.11 		Subd. 2.Commercial-industrial tax capacity. For the purposes of this section, 
124.12 	"commercial-industrial tax capacity" means the tax capacity of all taxable property classified 
124.13 	as class 3 or class 5(1) under section 273.13, excluding:
124.14 	(1) the tax capacity attributable to the first $150,000 of market value of each parcel of 
124.15 	commercial-industrial property as defined under section 273.13, subdivision 24, clauses (1) 
124.16 	and, (2), and (4);
124.17 	(2) electric generation attached machinery under class 3; and
124.18 	(3) property described in section 473.625.
124.19 	County commercial-industrial tax capacity amounts are not adjusted for the captured 
124.20 	net tax capacity of a tax increment financing district under section 469.177, subdivision 2, 
124.21 	the net tax capacity of transmission lines deducted from a local government's total net tax 
124.22 	capacity under section 273.425, or fiscal disparities contribution and distribution net tax 
124.23 	capacities under chapter 276A or 473F. For purposes of this subdivision, the procedures 
124.24 	for determining eligibility for tier 1 under section 273.13, subdivision 24, clauses (1) and 
124.25 	(2), shall apply in determining the portion of a property eligible to be considered within the 
124.26 	first $150,000 of market value.

124.27 	EFFECTIVE DATE. This section is effective beginning with property taxes payable 
124.28 	in 2024 and thereafter.

124.29 	Sec. 3. [289A.33] FILING REQUIREMENTS AND DUE DATES; SPECIAL RULES.
124.30 	A cannabis business as defined by section 342.01, subdivision 14, required to collect 
124.31 	and remit the taxes imposed under section 295.81 or chapters 290 and 297A is not subject 
124.32 	to the electronic remittance requirements imposed by this chapter. A cannabis business must 
125.1 	file returns and remit taxes lawfully due in the form and manner prescribed by the 
125.2 	commissioner of revenue.

125.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

125.4 	Sec. 4. Minnesota Statutes 2022, section 290.0132, subdivision 29, is amended to read:
125.5 		Subd. 29.Disallowed section 280E expenses; medical cannabis manufacturers
125.6 	licensees. The amount of expenses of a medical cannabis manufacturer business, as defined 
125.7 	under section 152.22, subdivision 7 342.01, subdivision 48, related to the business of medical 
125.8 	cannabis under sections 152.21 to 152.37 342.42 to 342.56, or a license holder under chapter 
125.9 	342, related to the business of nonmedical cannabis under that chapter, and not allowed for 
125.10 	federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction.

125.11 	EFFECTIVE DATE. This section is effective for taxable years beginning after December 
125.12 	31, 2022.

125.13 	Sec. 5. Minnesota Statutes 2022, section 290.0134, subdivision 19, is amended to read:
125.14 		Subd. 19.Disallowed section 280E expenses; medical cannabis manufacturers
125.15 	licensees. The amount of expenses of a medical cannabis manufacturer business, as defined 
125.16 	under section 152.22, subdivision 7 342.01, subdivision 48, related to the business of medical 
125.17 	cannabis under sections 152.21 to 152.37 342.42 to 342.56, or a license holder under chapter 
125.18 	342, related to the business of nonmedical cannabis under that chapter, and not allowed for 
125.19 	federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction.

125.20 	EFFECTIVE DATE. This section is effective for taxable years beginning after December 
125.21 	31, 2022.

125.22 	Sec. 6. [295.81] ADULT-USE CANNABIS FLOWER AND ADULT-USE 
125.23 	CANNABINOID PRODUCTS GROSS RECEIPTS TAX.
125.24 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
125.25 	the meanings given.
125.26 	(b) "Adult-use cannabis flower" has the meaning given in section 342.01, subdivision 
125.27 	4.
125.28 	(c) "Adult-use cannabinoid product" has the meaning given in section 342.01, subdivision 
125.29 	2, and includes adult-use cannabis concentrate as defined in section 342.01, subdivision 3.
125.30 	(d) "Adult-use cannabis solution product" means any cartridge, bottle, or other package 
125.31 	that contains adult-use cannabis flower or an adult-use cannabinoid product in a solution 
126.1 	that is consumed or meant to be consumed through the use of a heating element, power 
126.2 	source, electronic circuit, or other electronic, chemical, or mechanical means that produces 
126.3 	vapor or aerosol. An adult-use cannabis solution product includes any electronic adult-use 
126.4 	cannabis concentrate delivery system, electronic vaping device, electronic vape pen, 
126.5 	electronic oral device, electronic delivery device, or similar product or device, and any 
126.6 	batteries, heating elements, or other components, parts, or accessories sold with and meant 
126.7 	to be used in the consumption of a solution containing adult-use cannabis or an adult-use 
126.8 	cannabis product.
126.9 	(e) "Cannabis microbusiness" means a cannabis business licensed under section 342.34.
126.10 	(f) "Cannabis retailer" means a retailer that sells adult-use cannabis flower, adult-use 
126.11 	cannabinoid products, adult-use cannabis solution products, or lower potency edible products. 
126.12 	Cannabis retailer includes a:
126.13 	(1) retailer maintaining a place of business in this state;
126.14 	(2) marketplace provider maintaining a place of business in this state, as defined in 
126.15 	section 297A.66, subdivision 1, paragraph (a);
126.16 	(3) retailer not maintaining a place of business in this state; and
126.17 	(4) marketplace provider not maintaining a place of business in this state, as defined in 
126.18 	section 297A.66, subdivision 1, paragraph (b).
126.19 	(g) "Commissioner" means the commissioner of revenue.
126.20 	(h) "Gross receipts" means the total amount received, in money or by barter or exchange, 
126.21 	for all adult-use cannabis flower, adult-use cannabinoid products, adult-use cannabis solution 
126.22 	products, or lower potency edible product sales at retail as measured by the sales price. 
126.23 	Gross receipts include but are not limited to delivery charges and packaging costs. Gross 
126.24 	receipts do not include:
126.25 	(1) any taxes imposed directly on the customer that are separately stated on the invoice, 
126.26 	bill of sale, or similar document given to the purchaser; and
126.27 	(2) discounts, including cash, terms, or coupons, that are not reimbursed by a third party 
126.28 	and that are allowed by the seller and taken by a purchaser on a sale.
126.29 	(i) "lower potency edible product" has the meaning given in section 342.01, subdivision 
126.30 	45.
127.1 	(j) "On-site sale" means the sale of adult-use cannabis or adult-use cannabinoid products 
127.2 	for consumption on the premises of a cannabis microbusiness or the sale of lower potency 
127.3 	edible products for consumption on the premises of a lower potency edible product retailer.
127.4 	(k) "Retail sale" has the meaning given in section 297A.61, subdivision 4.
127.5 		Subd. 2.Gross receipts tax imposed. (a) A tax equal to eight percent of gross receipts 
127.6 	from retail and on-site sales in Minnesota of adult-use cannabis flower, adult-use cannabinoid 
127.7 	products, adult-use cannabis solution products, and lower potency edible products is imposed 
127.8 	on any cannabis retailer, cannabis microbusiness, or lower potency edible product retailer 
127.9 	that sells these products to customers. A cannabis retailer, cannabis microbusiness, or lower 
127.10 	potency edible product retailer may but is not required to collect the tax imposed by this 
127.11 	section from the purchaser as long as the tax is separately stated on the receipt, invoice, bill 
127.12 	of sale, or similar document given to the purchaser.
127.13 	(b) If a product subject to the tax imposed by this section is bundled in a single transaction 
127.14 	with a product or service that is not subject to the tax imposed by this section, the entire 
127.15 	sales price of the transaction is subject to the tax imposed by this section.
127.16 	(c) The tax imposed under this section is in addition to any other tax imposed on the 
127.17 	sale or use of adult-use cannabis flower, adult-use cannabinoid products, adult-use cannabis 
127.18 	solution products, and lower potency edible products.
127.19 		Subd. 3.Use tax imposed; credit for taxes paid. (a) A person that receives adult-use 
127.20 	cannabis flower, adult-use cannabinoid products, adult-use cannabis solution products, or 
127.21 	lower potency edible products for use or storage in Minnesota, other than from a cannabis 
127.22 	retailer, cannabis microbusiness, or lower potency edible product retailer that paid the tax 
127.23 	under subdivision 2, is subject to tax at the rate imposed under subdivision 2. Liability for 
127.24 	the tax is incurred when the person has possession of the adult-use cannabis flower, adult-use 
127.25 	cannabinoid product, or lower potency edible product in Minnesota. The tax must be remitted 
127.26 	to the commissioner in the same manner prescribed for taxes imposed under chapter 297A.
127.27 	(b) A person that has paid taxes to another state or any subdivision thereof on the same 
127.28 	transaction and is subject to tax under this section is entitled to a credit for the tax legally 
127.29 	due and paid to another state or subdivision thereof to the extent of the lesser of (1) the tax 
127.30 	actually paid to the other state or subdivision thereof, or (2) the amount of tax imposed by 
127.31 	Minnesota on the transaction subject to tax in the other state or subdivision thereof.
127.32 		Subd. 4.Exemptions. (a) The use tax imposed under subdivision 2, paragraph (b), does 
127.33 	not apply to the possession, use, or storage of adult-use cannabis flower, adult-use 
127.34 	cannabinoid products, adult-use cannabis solution products, or lower potency edible products 
128.1 	if (1) the adult-use cannabis flower, adult-use cannabinoid products, adult-use cannabis 
128.2 	solution products, or lower potency edible products have an aggregate cost in any calendar 
128.3 	month to the customer of $100 or less, and (2) the adult-use cannabis flower, adult-use 
128.4 	cannabinoid products, adult-use cannabis solution products, or lower potency edible products 
128.5 	were carried into this state by the customer.
128.6 	(b) The tax imposed under this section does not apply to sales of medical cannabis flower 
128.7 	and medical cannabinoid products purchased by or for the patients enrolled in the registry 
128.8 	program.
128.9 	(c) Unless otherwise specified in this section, the exemptions applicable to taxes imposed 
128.10 	under chapter 297A are not applicable to the taxes imposed under this section.
128.11 		Subd. 5.Tax collection required. A cannabis retailer, cannabis microbusiness, or lower 
128.12 	potency edible retailer with nexus in Minnesota, who is not subject to tax under subdivision 
128.13 	2, is required to collect the tax imposed under subdivision 3 from the purchaser of the 
128.14 	adult-use cannabis flower, adult-use cannabinoid product, adult-use cannabis solution 
128.15 	product, or lower potency edible product and give the purchaser a receipt for the tax paid. 
128.16 	The tax collected must be remitted to the commissioner in the same manner prescribed for 
128.17 	the taxes imposed under chapter 207A.
128.18 		Subd. 6.Taxes paid to another state or any subdivision thereof; credit. A cannabis 
128.19 	retailer, cannabis microbusiness, or lower potency edible retailer that has paid taxes to 
128.20 	another state or any subdivision thereof measured by gross receipts and is subject to tax 
128.21 	under this section on the same gross receipts is entitled to a credit for the tax legally due 
128.22 	and paid to another state or any subdivision thereof to the extent of the lesser of (1) the tax 
128.23 	actually paid to the other state or any subdivision thereof, or (2) the amount of tax imposed 
128.24 	by Minnesota on the gross receipts subject to tax in the other taxing state or any subdivision 
128.25 	thereof.
128.26 		Subd. 7.Sourcing of sales. Section 297A.668 applies to the taxes imposed by this 
128.27 	section.
128.28 		Subd. 8.Administration. Unless specifically provided otherwise, the audit, assessment, 
128.29 	refund, penalty, interest, enforcement, collection remedies, appeal, and administrative 
128.30 	provisions of chapters 270C and 289A that are applicable to taxes imposed under chapter 
128.31 	297A, except the requirement to file returns and remit taxes due electronically, apply to the 
128.32 	tax imposed under this section.
128.33 		Subd. 9.Returns; payment of tax. (a) A cannabis retailer, cannabis microbusiness, or 
128.34 	lower potency edible product retailer must report the tax on a return prescribed by the 
129.1 	commissioner and must remit the tax in a form and manner prescribed by the commissioner. 
129.2 	The return and the tax must be filed and paid using the filing cycle and due dates provided 
129.3 	for taxes imposed under section 289A.20, subdivision 4, and chapter 297A.
129.4 	(b) Interest must be paid on an overpayment refunded or credited to the taxpayer from 
129.5 	the date of payment of the tax until the date the refund is paid or credited. For purposes of 
129.6 	this subdivision, the date of payment is the due date of the return or the date of actual 
129.7 	payment of the tax, whichever is later.
129.8 		Subd. 10.Deposit of revenues. The commissioner must deposit all revenues, including 
129.9 	penalties and interest, derived from the tax imposed by this section in the general fund.
129.10 		Subd. 11.Personal debt. The tax imposed by this section, and interest and penalties 
129.11 	imposed with respect to it, are a personal debt of the person required to file a return from 
129.12 	the time that the liability for it arises, irrespective of when the time for payment of the 
129.13 	liability occurs. The debt must, in the case of the executor or administrator of the estate of 
129.14 	a decedent and in the case of a fiduciary, be that of the person in the person's official or 
129.15 	fiduciary capacity only, unless the person has voluntarily distributed the assets held in that 
129.16 	capacity without reserving sufficient assets to pay the tax, interest, and penalties, in which 
129.17 	event the person is personally liable for any deficiency.

129.18 	EFFECTIVE DATE. This section is effective for gross receipts received after December 
129.19 	31, 2023.

129.20 	Sec. 7. Minnesota Statutes 2022, section 297A.61, subdivision 3, is amended to read:
129.21 		Subd. 3.Sale and purchase. (a) "Sale" and "purchase" include, but are not limited to, 
129.22 	each of the transactions listed in this subdivision. In applying the provisions of this chapter, 
129.23 	the terms "tangible personal property" and "retail sale" include the taxable services listed 
129.24 	in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable 
129.25 	services, unless specifically provided otherwise. Services performed by an employee for 
129.26 	an employer are not taxable. Services performed by a partnership or association for another 
129.27 	partnership or association are not taxable if one of the entities owns or controls more than 
129.28 	80 percent of the voting power of the equity interest in the other entity. Services performed 
129.29 	between members of an affiliated group of corporations are not taxable. For purposes of 
129.30 	the preceding sentence, "affiliated group of corporations" means those entities that would 
129.31 	be classified as members of an affiliated group as defined under United States Code, title 
129.32 	26, section 1504, disregarding the exclusions in section 1504(b).
129.33 	(b) Sale and purchase include:
130.1 	(1) any transfer of title or possession, or both, of tangible personal property, whether 
130.2 	absolutely or conditionally, for a consideration in money or by exchange or barter; and
130.3 	(2) the leasing of or the granting of a license to use or consume, for a consideration in 
130.4 	money or by exchange or barter, tangible personal property, other than a manufactured 
130.5 	home used for residential purposes for a continuous period of 30 days or more.
130.6 	(c) Sale and purchase include the production, fabrication, printing, or processing of 
130.7 	tangible personal property for a consideration for consumers who furnish either directly or 
130.8 	indirectly the materials used in the production, fabrication, printing, or processing.
130.9 	(d) Sale and purchase include the preparing for a consideration of food. Notwithstanding 
130.10 	section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following:
130.11 	(1) prepared food sold by the retailer;
130.12 	(2) soft drinks;
130.13 	(3) candy; and
130.14 	(4) dietary supplements.
130.15 	(e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, 
130.16 	water, or steam for use or consumption within this state.
130.17 	(f) A sale and a purchase includes the transfer for a consideration of prewritten computer 
130.18 	software whether delivered electronically, by load and leave, or otherwise.
130.19 	(g) A sale and a purchase includes the furnishing for a consideration of the following 
130.20 	services:
130.21 	(1) the privilege of admission to places of amusement, recreational areas, or athletic 
130.22 	events, and the making available of amusement devices, tanning facilities, reducing salons, 
130.23 	steam baths, health clubs, and spas or athletic facilities;
130.24 	(2) lodging and related services by a hotel, rooming house, resort, campground, motel, 
130.25 	or trailer camp, including furnishing the guest of the facility with access to telecommunication 
130.26 	services, and the granting of any similar license to use real property in a specific facility, 
130.27 	other than the renting or leasing of it for a continuous period of 30 days or more under an 
130.28 	enforceable written agreement that may not be terminated without prior notice and including 
130.29 	accommodations intermediary services provided in connection with other services provided 
130.30 	under this clause;
130.31 	(3) nonresidential parking services, whether on a contractual, hourly, or other periodic 
130.32 	basis, except for parking at a meter;
131.1 	(4) the granting of membership in a club, association, or other organization if:
131.2 	(i) the club, association, or other organization makes available for the use of its members 
131.3 	sports and athletic facilities, without regard to whether a separate charge is assessed for use 
131.4 	of the facilities; and
131.5 	(ii) use of the sports and athletic facility is not made available to the general public on 
131.6 	the same basis as it is made available to members.
131.7 	Granting of membership means both onetime initiation fees and periodic membership dues. 
131.8 	Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash 
131.9 	courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming 
131.10 	pools; and other similar athletic or sports facilities;
131.11 	(5) delivery of aggregate materials by a third party, excluding delivery of aggregate 
131.12 	material used in road construction; and delivery of concrete block by a third party if the 
131.13 	delivery would be subject to the sales tax if provided by the seller of the concrete block. 
131.14 	For purposes of this clause, "road construction" means construction of:
131.15 	(i) public roads;
131.16 	(ii) cartways; and
131.17 	(iii) private roads in townships located outside of the seven-county metropolitan area 
131.18 	up to the point of the emergency response location sign; and
131.19 	(6) services as provided in this clause:
131.20 	(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, 
131.21 	and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, 
131.22 	drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not 
131.23 	include services provided by coin operated facilities operated by the customer;
131.24 	(ii) motor vehicle washing, waxing, and cleaning services, including services provided 
131.25 	by coin operated facilities operated by the customer, and rustproofing, undercoating, and 
131.26 	towing of motor vehicles;
131.27 	(iii) building and residential cleaning, maintenance, and disinfecting services and pest 
131.28 	control and exterminating services;
131.29 	(iv) detective, security, burglar, fire alarm, and armored car services; but not including 
131.30 	services performed within the jurisdiction they serve by off-duty licensed peace officers as 
131.31 	defined in section 626.84, subdivision 1, or services provided by a nonprofit organization 
131.32 	or any organization at the direction of a county for monitoring and electronic surveillance 
132.1 	of persons placed on in-home detention pursuant to court order or under the direction of the 
132.2 	Minnesota Department of Corrections;
132.3 	(v) pet grooming services;
132.4 	(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting 
132.5 	and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant 
132.6 	care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing 
132.7 	contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility 
132.8 	lines. Services performed under a construction contract for the installation of shrubbery, 
132.9 	plants, sod, trees, bushes, and similar items are not taxable;
132.10 	(vii) massages, except when provided by a licensed health care facility or professional 
132.11 	or upon written referral from a licensed health care facility or professional for treatment of 
132.12 	illness, injury, or disease; and
132.13 	(viii) the furnishing of lodging, board, and care services for animals in kennels and other 
132.14 	similar arrangements, but excluding veterinary and horse boarding services.
132.15 	(h) A sale and a purchase includes the furnishing for a consideration of tangible personal 
132.16 	property or taxable services by the United States or any of its agencies or instrumentalities, 
132.17 	or the state of Minnesota, its agencies, instrumentalities, or political subdivisions.
132.18 	(i) A sale and a purchase includes the furnishing for a consideration of 
132.19 	telecommunications services, ancillary services associated with telecommunication services, 
132.20 	and pay television services. Telecommunication services include, but are not limited to, the 
132.21 	following services, as defined in section 297A.669: air-to-ground radiotelephone service, 
132.22 	mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid 
132.23 	wireless calling service, and private communication services. The services in this paragraph 
132.24 	are taxed to the extent allowed under federal law.
132.25 	(j) A sale and a purchase includes the furnishing for a consideration of installation if the 
132.26 	installation charges would be subject to the sales tax if the installation were provided by 
132.27 	the seller of the item being installed.
132.28 	(k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a 
132.29 	customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor 
132.30 	vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, 
132.31 	subdivision 11.
132.32 	(l) A sale and a purchase includes furnishing for a consideration of specified digital 
132.33 	products or other digital products or granting the right for a consideration to use specified 
133.1 	digital products or other digital products on a temporary or permanent basis and regardless 
133.2 	of whether the purchaser is required to make continued payments for such right. Wherever 
133.3 	the term "tangible personal property" is used in this chapter, other than in subdivisions 10 
133.4 	and 38, the provisions also apply to specified digital products, or other digital products, 
133.5 	unless specifically provided otherwise or the context indicates otherwise.
133.6 	(m) The sale of the privilege of admission under section 297A.61, subdivision 3, 
133.7 	paragraph (g), clause (1), to a place of amusement, recreational area, or athletic event 
133.8 	includes all charges included in the privilege of admission's sales price, without deduction 
133.9 	for amenities that may be provided, unless the amenities are separately stated and the 
133.10 	purchaser of the privilege of admission is entitled to add or decline the amenities, and the 
133.11 	amenities are not otherwise taxable.
133.12 	(n) A sale and purchase includes the sale and purchase of adult-use cannabis flower, 
133.13 	adult-use cannabinoid products, adult-use cannabis solution products, and any lower dosage 
133.14 	edible cannabinoid products. For purposes of this paragraph, "adult-use cannabis" has the 
133.15 	meaning given in section 342.01, subdivision 3; "adult-use cannabis product" has the meaning 
133.16 	given in section 342.01, subdivision 5; "adult-use cannabis solution product" has the meaning 
133.17 	given in section 295.81, subdivision 1, paragraph (d); and "lower potency edible product" 
133.18 	has the meaning given in section 342.01, subdivision 45.

133.19 	EFFECTIVE DATE. This section is effective for sales and purchases made after 
133.20 	December 31, 2023.

133.21 	Sec. 8. Minnesota Statutes 2022, section 297A.67, subdivision 2, is amended to read:
133.22 		Subd. 2.Food and food ingredients. Except as otherwise provided in this subdivision, 
133.23 	food and food ingredients are exempt. For purposes of this subdivision, "food" and "food 
133.24 	ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried, or 
133.25 	dehydrated form, that are sold for ingestion or chewing by humans and are consumed for 
133.26 	their taste or nutritional value. Food and food ingredients exempt under this subdivision do 
133.27 	not include candy, soft drinks, dietary supplements, and prepared foods. Food and food 
133.28 	ingredients do not include alcoholic beverages and tobacco. Food and food ingredients do 
133.29 	not include adult-use cannabis flower, adult-use cannabinoid products, adult-use cannabis 
133.30 	solution products, lower potency edible products, medical cannabis flower, and medical 
133.31 	cannabinoid products. As used in this paragraph, "adult-use cannabis flower" has the meaning 
133.32 	given in section 342.01, subdivision 4; "adult-use cannabinoid product" has the meaning 
133.33 	given in section 342.01, subdivision 2; "adult-use cannabis solution product" has the meaning 
133.34 	given in section 295.81, subdivision 1, paragraph (d); "lower potency edible product" has 
134.1 	the meaning given in section 342.01, subdivision 45; "medical cannabis flower" has the 
134.2 	meaning given in section 342.01, subdivision 49; and "medical cannabinoid product" has 
134.3 	the meaning given in section 342.01, subdivision 47. For purposes of this subdivision, 
134.4 	"alcoholic beverages" means beverages that are suitable for human consumption and contain 
134.5 	one-half of one percent or more of alcohol by volume. For purposes of this subdivision, 
134.6 	"tobacco" means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains 
134.7 	tobacco. For purposes of this subdivision, "dietary supplements" means any product, other 
134.8 	than tobacco, intended to supplement the diet that:
134.9 	(1) contains one or more of the following dietary ingredients:
134.10 	(i) a vitamin;
134.11 	(ii) a mineral;
134.12 	(iii) an herb or other botanical;
134.13 	(iv) an amino acid;
134.14 	(v) a dietary substance for use by humans to supplement the diet by increasing the total 
134.15 	dietary intake; and
134.16 	(vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient 
134.17 	described in items (i) to (v);
134.18 	(2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, 
134.19 	or if not intended for ingestion in such form, is not represented as conventional food and is 
134.20 	not represented for use as a sole item of a meal or of the diet; and
134.21 	(3) is required to be labeled as a dietary supplement, identifiable by the supplement facts 
134.22 	box found on the label and as required pursuant to Code of Federal Regulations, title 21, 
134.23 	section 101.36.

134.24 	EFFECTIVE DATE. This section is effective for sales and purchases made after 
134.25 	December 31, 2023.

134.26 	Sec. 9. Minnesota Statutes 2022, section 297A.67, subdivision 7, is amended to read:
134.27 		Subd. 7.Drugs; medical devices. (a) Sales of the following drugs and medical devices 
134.28 	for human use are exempt:
134.29 	(1) drugs, including over-the-counter drugs;
134.30 	(2) single-use finger-pricking devices for the extraction of blood and other single-use 
134.31 	devices and single-use diagnostic agents used in diagnosing, monitoring, or treating diabetes;
135.1 	(3) insulin and medical oxygen for human use, regardless of whether prescribed or sold 
135.2 	over the counter;
135.3 	(4) prosthetic devices;
135.4 	(5) durable medical equipment for home use only;
135.5 	(6) mobility enhancing equipment;
135.6 	(7) prescription corrective eyeglasses; and
135.7 	(8) kidney dialysis equipment, including repair and replacement parts.
135.8 	(b) Items purchased in transactions covered by:
135.9 	(1) Medicare as defined under title XVIII of the Social Security Act, United States Code, 
135.10 	title 42, section 1395, et seq.; or
135.11 	(2) Medicaid as defined under title XIX of the Social Security Act, United States Code, 
135.12 	title 42, section 1396, et seq.
135.13 	(c) For purposes of this subdivision:
135.14 	(1) "Drug" means a compound, substance, or preparation, and any component of a 
135.15 	compound, substance, or preparation, other than food and food ingredients, dietary 
135.16 	supplements, adult-use cannabis, adult-use cannabinoid products, adult-use cannabis solution 
135.17 	products, lower potency edible products, or alcoholic beverages that is:
135.18 	(i) recognized in the official United States Pharmacopoeia, official Homeopathic 
135.19 	Pharmacopoeia of the United States, or official National Formulary, and supplement to any 
135.20 	of them;
135.21 	(ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; 
135.22 	or
135.23 	(iii) intended to affect the structure or any function of the body.
135.24 	(2) "Durable medical equipment" means equipment, including repair and replacement 
135.25 	parts, including single-patient use items, but not including mobility enhancing equipment, 
135.26 	that:
135.27 	(i) can withstand repeated use;
135.28 	(ii) is primarily and customarily used to serve a medical purpose;
135.29 	(iii) generally is not useful to a person in the absence of illness or injury; and
135.30 	(iv) is not worn in or on the body.
136.1 	For purposes of this clause, "repair and replacement parts" includes all components or 
136.2 	attachments used in conjunction with the durable medical equipment, including repair and 
136.3 	replacement parts which are for single patient use only.
136.4 	(3) "Mobility enhancing equipment" means equipment, including repair and replacement 
136.5 	parts, but not including durable medical equipment, that:
136.6 	(i) is primarily and customarily used to provide or increase the ability to move from one 
136.7 	place to another and that is appropriate for use either in a home or a motor vehicle;
136.8 	(ii) is not generally used by persons with normal mobility; and
136.9 	(iii) does not include any motor vehicle or equipment on a motor vehicle normally 
136.10 	provided by a motor vehicle manufacturer.
136.11 	(4) "Over-the-counter drug" means a drug that contains a label that identifies the product 
136.12 	as a drug as required by Code of Federal Regulations, title 21, section 201.66. The label 
136.13 	must include a "drug facts" panel or a statement of the active ingredients with a list of those 
136.14 	ingredients contained in the compound, substance, or preparation. Over-the-counter drugs 
136.15 	do not include grooming and hygiene products, regardless of whether they otherwise meet 
136.16 	the definition. "Grooming and hygiene products" are soaps, cleaning solutions, shampoo, 
136.17 	toothpaste, mouthwash, antiperspirants, and suntan lotions and sunscreens.
136.18 	(5) "Prescribed" and "prescription" means a direction in the form of an order, formula, 
136.19 	or recipe issued in any form of oral, written, electronic, or other means of transmission by 
136.20 	a duly licensed health care professional.
136.21 	(6) "Prosthetic device" means a replacement, corrective, or supportive device, including 
136.22 	repair and replacement parts, worn on or in the body to:
136.23 	(i) artificially replace a missing portion of the body;
136.24 	(ii) prevent or correct physical deformity or malfunction; or
136.25 	(iii) support a weak or deformed portion of the body.
136.26 	Prosthetic device does not include corrective eyeglasses.
136.27 	(7) "Kidney dialysis equipment" means equipment that:
136.28 	(i) is used to remove waste products that build up in the blood when the kidneys are not 
136.29 	able to do so on their own; and
136.30 	(ii) can withstand repeated use, including multiple use by a single patient, notwithstanding 
136.31 	the provisions of clause (2).
137.1 	(8) A transaction is covered by Medicare or Medicaid if any portion of the cost of the 
137.2 	item purchased in the transaction is paid for or reimbursed by the federal government or 
137.3 	the state of Minnesota pursuant to the Medicare or Medicaid program, by a private insurance 
137.4 	company administering the Medicare or Medicaid program on behalf of the federal 
137.5 	government or the state of Minnesota, or by a managed care organization for the benefit of 
137.6 	a patient enrolled in a prepaid program that furnishes medical services in lieu of conventional 
137.7 	Medicare or Medicaid coverage pursuant to agreement with the federal government or the 
137.8 	state of Minnesota.
137.9 	(9) For the purposes of this subdivision, "adult-use cannabis flower" has the meaning 
137.10 	given in section 342.01, subdivision 4; "adult-use cannabinoid product" has the meaning 
137.11 	given in section 342.01, subdivision 2; "adult-use cannabis solution product" has the meaning 
137.12 	given in section 295.81, subdivision 1, paragraph (d); and "lower potency edible product" 
137.13 	has the meaning given in section 342.01, subdivision 45.

137.14 	EFFECTIVE DATE. This section is effective for sales and purchases made after 
137.15 	December 31, 2023.

137.16 	Sec. 10. Minnesota Statutes 2022, section 297A.70, subdivision 2, is amended to read:
137.17 		Subd. 2.Sales to government. (a) All sales, except those listed in paragraph (b), to the 
137.18 	following governments and political subdivisions, or to the listed agencies or instrumentalities 
137.19 	of governments and political subdivisions, are exempt:
137.20 	(1) the United States and its agencies and instrumentalities;
137.21 	(2) school districts, local governments, the University of Minnesota, state universities, 
137.22 	community colleges, technical colleges, state academies, the Perpich Minnesota Center for 
137.23 	Arts Education, and an instrumentality of a political subdivision that is accredited as an 
137.24 	optional/special function school by the North Central Association of Colleges and Schools;
137.25 	(3) hospitals and nursing homes owned and operated by political subdivisions of the 
137.26 	state of tangible personal property and taxable services used at or by hospitals and nursing 
137.27 	homes;
137.28 	(4) notwithstanding paragraph (d), the sales and purchases by the Metropolitan Council 
137.29 	of vehicles and repair parts to equip operations provided for in section 473.4051 are exempt 
137.30 	through December 31, 2016;
137.31 	(5) other states or political subdivisions of other states, if the sale would be exempt from 
137.32 	taxation if it occurred in that state; and
138.1 	(6) public libraries, public library systems, multicounty, multitype library systems as 
138.2 	defined in section 134.001, county law libraries under chapter 134A, state agency libraries, 
138.3 	the state library under section 480.09, and the Legislative Reference Library.
138.4 	(b) This exemption does not apply to the sales of the following products and services:
138.5 	(1) building, construction, or reconstruction materials purchased by a contractor or a 
138.6 	subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed 
138.7 	maximum price covering both labor and materials for use in the construction, alteration, or 
138.8 	repair of a building or facility;
138.9 	(2) construction materials purchased by tax exempt entities or their contractors to be 
138.10 	used in constructing buildings or facilities which will not be used principally by the tax 
138.11 	exempt entities;
138.12 	(3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except 
138.13 	for leases entered into by the United States or its agencies or instrumentalities;
138.14 	(4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), 
138.15 	and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, 
138.16 	subdivision 2,; adult-use cannabis flower as defined in section 342.01, subdivision 4; 
138.17 	adult-use cannabinoid products as defined in section 342.01, subdivision 2; adult-use cannabis 
138.18 	solution products as defined in section 295.81, subdivision 1; and lower potency edible 
138.19 	products as defined in section 342.01, subdivision 45, except for lodging, prepared food, 
138.20 	candy, soft drinks, and alcoholic beverages, adult-use cannabis flower, adult-use cannabinoid 
138.21 	products, adult-use cannabis solution products, and lower potency edible products purchased 
138.22 	directly by the United States or its agencies or instrumentalities; or
138.23 	(5) goods or services purchased by a local government as inputs to a liquor store, gas 
138.24 	or electric utility, solid waste hauling service, solid waste recycling service, landfill, golf 
138.25 	course, marina, campground, cafe, or laundromat.
138.26 	(c) As used in this subdivision, "school districts" means public school entities and districts 
138.27 	of every kind and nature organized under the laws of the state of Minnesota, and any 
138.28 	instrumentality of a school district, as defined in section 471.59.
138.29 	(d) For purposes of the exemption granted under this subdivision, "local governments" 
138.30 	has the following meaning:
138.31 	(1) for the period prior to January 1, 2017, local governments means statutory or home 
138.32 	rule charter cities, counties, and townships; and
139.1 	(2) beginning January 1, 2017, local governments means statutory or home rule charter 
139.2 	cities, counties, and townships; special districts as defined under section 6.465; any 
139.3 	instrumentality of a statutory or home rule charter city, county, or township as defined in 
139.4 	section 471.59; and any joint powers board or organization created under section 471.59.

139.5 	EFFECTIVE DATE. This section is effective for sales and purchases made after June 
139.6 	30, 2023.

139.7 	Sec. 11. Minnesota Statutes 2022, section 297A.70, subdivision 18, is amended to read:
139.8 		Subd. 18.Nursing homes and boarding care homes. (a) All sales, except those listed 
139.9 	in paragraph (b), to a nursing home licensed under section 144A.02 or a boarding care home 
139.10 	certified as a nursing facility under title 19 of the Social Security Act are exempt if the 
139.11 	facility:
139.12 	(1) is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal 
139.13 	Revenue Code; and
139.14 	(2) is certified to participate in the medical assistance program under title 19 of the Social 
139.15 	Security Act, or certifies to the commissioner that it does not discharge residents due to the 
139.16 	inability to pay.
139.17 	(b) This exemption does not apply to the following sales:
139.18 	(1) building, construction, or reconstruction materials purchased by a contractor or a 
139.19 	subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed 
139.20 	maximum price covering both labor and materials for use in the construction, alteration, or 
139.21 	repair of a building or facility;
139.22 	(2) construction materials purchased by tax-exempt entities or their contractors to be 
139.23 	used in constructing buildings or facilities that will not be used principally by the tax-exempt 
139.24 	entities;
139.25 	(3) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), 
139.26 	and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, 
139.27 	subdivision 2; adult-use cannabis as defined in section 342.01, subdivision 3; adult-use 
139.28 	cannabinoid products as defined in section 342.01, subdivision 2; adult-use cannabis solution 
139.29 	products as defined in section 295.81, subdivision 1; and lower potency edible products as 
139.30 	defined in section 342.01, subdivision 45; and
139.31 	(4) leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except as 
139.32 	provided in paragraph (c).
140.1 	(c) This exemption applies to the leasing of a motor vehicle as defined in section 297B.01, 
140.2 	subdivision 11, only if the vehicle is:
140.3 	(1) a truck, as defined in section 168.002; a bus, as defined in section 168.002; or a 
140.4 	passenger automobile, as defined in section 168.002, if the automobile is designed and used 
140.5 	for carrying more than nine persons including the driver; and
140.6 	(2) intended to be used primarily to transport tangible personal property or residents of 
140.7 	the nursing home or boarding care home.

140.8 	EFFECTIVE DATE. This section is effective for sales and purchases made after June 
140.9 	30, 2023.

140.10 	Sec. 12. Minnesota Statutes 2022, section 297A.99, is amended by adding a subdivision 
140.11 	to read:
140.12 		Subd. 4a.Adult-use cannabis local tax prohibited. A political subdivision of this state 
140.13 	is prohibited from imposing a tax under this section solely on the sale of adult-use cannabis 
140.14 	flower, adult-use cannabinoid products, adult-use cannabis solution products, or lower 
140.15 	potency edible products.

140.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

140.17 	Sec. 13. Minnesota Statutes 2022, section 297D.01, is amended to read:
140.18 	297D.01 DEFINITIONS.
140.19 		Subdivision 1.Marijuana Illegal cannabis. "Marijuana" "Illegal cannabis" means any 
140.20 	marijuana cannabinoid product as defined in section 342.01, subdivision 12; cannabis plant 
140.21 	as defined in section 342.01, subdivision 19; cannabis flower as defined in section 342.01, 
140.22 	subdivision 16; or artificially derived cannabinoid as defined in section 342.01, subdivision 
140.23 	6, whether real or counterfeit, as defined in section 152.01, subdivision 9, that is held, 
140.24 	possessed, transported, transferred, sold, or offered to be sold in violation of chapter 342 
140.25 	or Minnesota criminal laws.
140.26 		Subd. 2.Controlled substance. "Controlled substance" means any drug or substance, 
140.27 	whether real or counterfeit, as defined in section 152.01, subdivision 4, that is held, possessed, 
140.28 	transported, transferred, sold, or offered to be sold in violation of Minnesota laws. "Controlled 
140.29 	substance" does not include marijuana illegal cannabis.
140.30 		Subd. 3.Tax obligor or obligor. "Tax obligor" or "obligor" means a person who in 
140.31 	violation of Minnesota law manufactures, produces, ships, transports, or imports into 
141.1 	Minnesota or in any manner acquires or possesses more than 42-1/2 grams of marijuana
141.2 	illegal cannabis, or seven or more grams of any controlled substance, or ten or more dosage 
141.3 	units of any controlled substance which is not sold by weight. A quantity of marijuana illegal 
141.4 	cannabis or other controlled substance is measured by the weight of the substance whether 
141.5 	pure or impure or dilute, or by dosage units when the substance is not sold by weight, in 
141.6 	the tax obligor's possession. A quantity of a controlled substance is dilute if it consists of a 
141.7 	detectable quantity of pure controlled substance and any excipients or fillers.
141.8 		Subd. 4.Commissioner. "Commissioner" means the commissioner of revenue.

141.9 	EFFECTIVE DATE. This section is effective January 1, 2025.

141.10 	Sec. 14. Minnesota Statutes 2022, section 297D.04, is amended to read:
141.11 	297D.04 TAX PAYMENT REQUIRED FOR POSSESSION.
141.12 	No tax obligor may possess any marijuana illegal cannabis or controlled substance upon 
141.13 	which a tax is imposed by section 297D.08 unless the tax has been paid on the marijuana
141.14 	illegal cannabis or other a controlled substance as evidenced by a stamp or other official 
141.15 	indicia.

141.16 	EFFECTIVE DATE. This section is effective January 1, 2025.

141.17 	Sec. 15. Minnesota Statutes 2022, section 297D.06, is amended to read:
141.18 	297D.06 PHARMACEUTICALS.
141.19 	Nothing in this chapter requires persons registered under chapter 151 or otherwise 
141.20 	lawfully in possession of marijuana illegal cannabis or a controlled substance to pay the tax 
141.21 	required under this chapter.

141.22 	EFFECTIVE DATE. This section is effective January 1, 2025.

141.23 	Sec. 16. Minnesota Statutes 2022, section 297D.07, is amended to read:
141.24 	297D.07 MEASUREMENT.
141.25 	For the purpose of calculating the tax under section 297D.08, a quantity of marijuana
141.26 	illegal cannabis or other a controlled substance is measured by the weight of the substance 
141.27 	whether pure or impure or dilute, or by dosage units when the substance is not sold by 
141.28 	weight, in the tax obligor's possession. A quantity of a controlled substance is dilute if it 
141.29 	consists of a detectable quantity of pure controlled substance and any excipients or fillers.

141.30 	EFFECTIVE DATE. This section is effective January 1, 2025.

142.1 	Sec. 17. Minnesota Statutes 2022, section 297D.08, is amended to read:
142.2 	297D.08 TAX RATE.
142.3 	A tax is imposed on marijuana illegal cannabis and controlled substances as defined in 
142.4 	section 297D.01 at the following rates:
142.5 	(1) on each gram of marijuana illegal cannabis, or each portion of a gram, $3.50; and
142.6 	(2) on each gram of controlled substance, or portion of a gram, $200; or
142.7 	(3) on each ten dosage units of a controlled substance that is not sold by weight, or 
142.8 	portion thereof, $400.

142.9 	EFFECTIVE DATE. This section is effective January 1, 2025.

142.10 	Sec. 18. Minnesota Statutes 2022, section 297D.085, is amended to read:
142.11 	297D.085 CREDIT FOR PREVIOUSLY PAID TAXES.
142.12 	If another state or local unit of government has previously assessed an excise tax on the 
142.13 	marijuana illegal cannabis or controlled substances, the taxpayer must pay the difference 
142.14 	between the tax due under section 297D.08 and the tax previously paid. If the tax previously 
142.15 	paid to the other state or local unit of government was equal to or greater than the tax due 
142.16 	under section 297D.08, no tax is due. The burden is on the taxpayer to show that an excise 
142.17 	tax on the marijuana illegal cannabis or controlled substances has been paid to another state 
142.18 	or local unit of government.

142.19 	EFFECTIVE DATE. This section is effective January 1, 2025.

142.20 	Sec. 19. Minnesota Statutes 2022, section 297D.09, subdivision 1a, is amended to read:
142.21 		Subd. 1a.Criminal penalty; sale without affixed stamps. In addition to the tax penalty 
142.22 	imposed, a tax obligor distributing or possessing marijuana illegal cannabis or controlled 
142.23 	substances without affixing the appropriate stamps, labels, or other indicia is guilty of a 
142.24 	crime and, upon conviction, may be sentenced to imprisonment for not more than seven 
142.25 	years or to payment of a fine of not more than $14,000, or both.

142.26 	EFFECTIVE DATE. This section is effective January 1, 2025.

143.1 	Sec. 20. Minnesota Statutes 2022, section 297D.10, is amended to read:
143.2 	297D.10 STAMP PRICE.
143.3 	Official stamps, labels, or other indicia to be affixed to all marijuana illegal cannabis or 
143.4 	controlled substances shall be purchased from the commissioner. The purchaser shall pay 
143.5 	100 percent of face value for each stamp, label, or other indicia at the time of the purchase.

143.6 	EFFECTIVE DATE. This section is effective January 1, 2025.

143.7 	Sec. 21. Minnesota Statutes 2022, section 297D.11, is amended to read:
143.8 	297D.11 PAYMENT DUE.
143.9 		Subdivision 1.Stamps affixed. When a tax obligor purchases, acquires, transports, or 
143.10 	imports into this state marijuana illegal cannabis or controlled substances on which a tax is 
143.11 	imposed by section 297D.08, and if the indicia evidencing the payment of the tax have not 
143.12 	already been affixed, the tax obligor shall have them permanently affixed on the marijuana
143.13 	illegal cannabis or controlled substance immediately after receiving the substance. Each 
143.14 	stamp or other official indicia may be used only once.
143.15 		Subd. 2.Payable on possession. Taxes imposed upon marijuana illegal cannabis or 
143.16 	controlled substances by this chapter are due and payable immediately upon acquisition or 
143.17 	possession in this state by a tax obligor.

143.18 	EFFECTIVE DATE. This section is effective January 1, 2025.

143.19 	ARTICLE 3
143.20 	BUSINESS DEVELOPMENT

143.21 	Section 1. [116J.659] CANNABIS INDUSTRY STARTUP FINANCING GRANTS.
143.22 		Subdivision 1.Establishment. The commissioner of employment and economic 
143.23 	development shall establish CanStartup, a program to award grants to nonprofit corporations 
143.24 	to fund loans to new businesses in the legal cannabis industry and to support job creation 
143.25 	in communities where long-term residents are eligible to be social equity applicants.
143.26 		Subd. 2.Definitions. (a) For the purposes of this section, the following terms have the 
143.27 	meanings given.
143.28 	(b) "Commissioner" means the commissioner of employment and economic development.
143.29 	(c) "Industry" means the legal cannabis industry in the state of Minnesota.
144.1 	(d) "New business" means a legal cannabis business that has been in existence for three 
144.2 	years or less.
144.3 	(e) "Program" means the CanStartup grant program.
144.4 	(f) "Social equity applicant" means a person who meets the qualification requirements 
144.5 	in section 342.16.
144.6 		Subd. 3.Grants. (a) The commissioner shall establish a revolving loan account to make 
144.7 	grants under the CanStartup program.
144.8 	(b) The commissioner must award grants to nonprofit corporations through a competitive 
144.9 	grant process.
144.10 	(c) To receive grant money, a nonprofit corporation must submit a written application 
144.11 	to the commissioner using a form developed by the commissioner.
144.12 	(d) In awarding grants under this subdivision, the commissioner shall give weight to 
144.13 	whether the nonprofit corporation:
144.14 	(1) has a board of directors that includes citizens experienced in business and community 
144.15 	development, new business enterprises, and creating jobs for people facing barriers to 
144.16 	education or employment;
144.17 	(2) has the technical skills to analyze projects;
144.18 	(3) is familiar with other available public and private funding sources and economic 
144.19 	development programs;
144.20 	(4) can initiate and implement economic development projects;
144.21 	(5) can establish and administer a revolving loan account;
144.22 	(6) can work with job referral networks that assist people facing barriers to education 
144.23 	or employment; and
144.24 	(7) has established relationships with communities where long-term residents are eligible 
144.25 	to be social equity applicants.
144.26 	The commissioner shall make grants that will assist a broad range of businesses in the legal 
144.27 	cannabis industry, including the processing and retail sectors.
144.28 	(e) A nonprofit corporation that receives a grant under the program must:
144.29 	(1) establish a commissioner-certified revolving loan account for the purpose of making 
144.30 	eligible loans; and
145.1 	(2) enter into an agreement with the commissioner that the commissioner shall fund 
145.2 	loans that the nonprofit corporation makes to new businesses in the legal cannabis industry. 
145.3 	The commissioner shall review existing agreements with nonprofit corporations every five 
145.4 	years and may renew or terminate an agreement based on that review. In making this review, 
145.5 	the commissioner shall consider, among other criteria, the criteria in paragraph (d).
145.6 		Subd. 4.Loans to businesses. (a) The criteria in this subdivision apply to loans made 
145.7 	by nonprofit corporations under the program.
145.8 	(b) Loans must be used to support a new business in the legal cannabis industry. Priority 
145.9 	must be given to loans to businesses owned by individuals who are eligible to be social 
145.10 	equity applicants and businesses located in communities where long-term residents are 
145.11 	eligible to be social equity applicants.
145.12 	(c) Loans must be made to businesses that are not likely to undertake the project for 
145.13 	which loans are sought without assistance from the program.
145.14 	(d) The minimum state contribution to a loan is $2,500 and the maximum is either:
145.15 	(1) $50,000; or
145.16 	(2) $150,000, if state contributions are matched by an equal or greater amount of new 
145.17 	private investment.
145.18 	(e) Loan applications given preliminary approval by the nonprofit corporation must be 
145.19 	forwarded to the commissioner for approval. The commissioner must give final approval 
145.20 	for each loan made by the nonprofit corporation under the program.
145.21 	(f) A business that receives a loan may apply to renew the loan. Renewal applications 
145.22 	must be made on an annual basis and a business may receive loans for up to six consecutive 
145.23 	years. A nonprofit corporation may renew a loan to a business that is no longer a new 
145.24 	business provided the business would otherwise qualify for an initial loan and is in good 
145.25 	standing with the nonprofit corporation and the commissioner. A nonprofit corporation may 
145.26 	adjust the amount of a renewed loan, or not renew a loan, if the nonprofit corporation 
145.27 	determines that the business is financially stable and is substantially likely to continue the 
145.28 	project for which the loan renewal is sought.
145.29 	(g) If a borrower has met lender criteria, including being current with all payments for 
145.30 	a minimum of three years, the commissioner may approve either full or partial forgiveness 
145.31 	of interest or principal amounts.
145.32 		Subd. 5.Revolving loan account administration. (a) The commissioner shall establish 
145.33 	a minimum interest rate for loans or guarantees to ensure that necessary loan administration 
146.1 	costs are covered. The interest rate charged by a nonprofit corporation for a loan under this 
146.2 	section must not exceed the Wall Street Journal prime rate. For a loan under this section, 
146.3 	the nonprofit corporation may charge a loan origination fee equal to or less than one percent 
146.4 	of the loan value. The nonprofit corporation may retain the amount of the origination fee.
146.5 	(b) Loan repayment of principal must be paid to the commissioner for deposit in the 
146.6 	revolving loan account. Loan interest payments must be deposited in a revolving loan 
146.7 	account created by the nonprofit corporation originating the loan being repaid for further 
146.8 	distribution or use, consistent with the criteria of this section.
146.9 	(c) Administrative expenses of the nonprofit corporations with whom the commissioner 
146.10 	enters into agreements, including expenses incurred by a nonprofit corporation in providing 
146.11 	financial, technical, managerial, and marketing assistance to a business receiving a loan 
146.12 	under this section, are eligible program expenses the commissioner may agree to pay under 
146.13 	the grant agreement.
146.14 		Subd. 6.Program outreach. The commissioner shall make extensive efforts to publicize 
146.15 	this program, including through partnerships with community organizations, particularly 
146.16 	those organizations located in areas where long-term residents are eligible to be social equity 
146.17 	applicants.
146.18 		Subd. 7.Reporting requirements. (a) A nonprofit corporation that receives a grant 
146.19 	shall:
146.20 	(1) submit an annual report to the commissioner by February 1 of each year that the 
146.21 	nonprofit corporation participates in the program that includes a description of businesses 
146.22 	supported by the grant program, an account of loans made during the calendar year, the 
146.23 	program's impact on business creation and job creation, particularly in communities where 
146.24 	long-term residents are eligible to be social equity applicants, the source and amount of 
146.25 	money collected and distributed by the program, the program's assets and liabilities, and an 
146.26 	explanation of administrative expenses; and
146.27 	(2) provide for an independent annual audit to be performed in accordance with generally 
146.28 	accepted accounting practices and auditing standards and submit a copy of each annual 
146.29 	audit report to the commissioner.
146.30 	(b) By March 1, 2024, and each March 1 thereafter, the commissioner must submit a 
146.31 	report to the chairs and ranking minority members of the committees of the house of 
146.32 	representatives and the senate having jurisdiction over economic development that details 
146.33 	awards given through the CanStartup program and the use of grant money, including any 
146.34 	measures of success toward financing new businesses in the legal cannabis industry and 
147.1 	creating jobs in communities where long-term residents are eligible to be social equity 
147.2 	applicants.

147.3 	Sec. 2. [116J.6595] CANNABIS INDUSTRY NAVIGATION GRANTS.
147.4 		Subdivision 1.Establishment. The commissioner of employment and economic 
147.5 	development shall establish CanNavigate, a program to award grants to eligible organizations 
147.6 	to help individuals navigate the regulatory structure of the legal cannabis industry.
147.7 		Subd. 2.Definitions. (a) For the purposes of this section, the following terms have the 
147.8 	meanings given.
147.9 	(b) "Commissioner" means the commissioner of employment and economic development.
147.10 	(c) "Eligible organization" means any organization capable of helping individuals navigate 
147.11 	the regulatory structure of the legal cannabis industry, particularly individuals facing barriers 
147.12 	to education or employment, and may include educational institutions, nonprofit 
147.13 	organizations, private businesses, community groups, units of local government, or 
147.14 	partnerships between different types of organizations.
147.15 	(d) "Industry" means the legal cannabis industry in the state of Minnesota.
147.16 	(e) "Program" means the CanNavigate grant program.
147.17 	(f) "Social equity applicant" means a person who meets the qualification requirements 
147.18 	in section 342.16.
147.19 		Subd. 3.Grants to organizations. (a) Grant money awarded to eligible organizations 
147.20 	may be used for both developing technical assistance resources relevant to the regulatory 
147.21 	structure of the legal cannabis industry and for providing technical assistance or navigation 
147.22 	services to individuals.
147.23 	(b) The commissioner must award grants to eligible organizations through a competitive 
147.24 	grant process.
147.25 	(c) To receive grant money, an eligible organization must submit a written application 
147.26 	to the commissioner, using a form developed by the commissioner, explaining the 
147.27 	organization's ability to assist individuals in navigating the regulatory structure of the legal 
147.28 	cannabis industry, particularly individuals facing barriers to education or employment.
147.29 	(d) An eligible organization's grant application must also include:
147.30 	(1) a description of the proposed technical assistance or navigation services, including 
147.31 	the types of individuals targeted for assistance;
148.1 	(2) any evidence of the organization's past success in providing technical assistance or 
148.2 	navigation services to individuals, particularly individuals who live in areas where long-term 
148.3 	residents are eligible to be social equity applicants;
148.4 	(3) an estimate of the cost of providing the technical assistance;
148.5 	(4) the sources and amounts of any nonstate money or in-kind contributions that will 
148.6 	supplement grant money, including any amounts that individuals will be charged to receive 
148.7 	assistance; and
148.8 	(5) any additional information requested by the commissioner.
148.9 	(e) In awarding grants under this subdivision, the commissioner shall give weight to 
148.10 	applications from organizations that demonstrate a history of successful technical assistance 
148.11 	or navigation services, particularly for individuals facing barriers to education or employment. 
148.12 	The commissioner shall also give weight to applications where the proposed technical 
148.13 	assistance will serve areas where long-term residents are eligible to be social equity 
148.14 	applicants. To the extent practicable, the commissioner shall fund technical assistance for 
148.15 	a variety of sectors in the legal cannabis industry, including both processing and retail 
148.16 	sectors.
148.17 		Subd. 4.Program outreach. The commissioner shall make extensive efforts to publicize 
148.18 	these grants, including through partnerships with community organizations, particularly 
148.19 	those organizations located in areas where long-term residents are eligible to be social equity 
148.20 	applicants.
148.21 		Subd. 5.Reports to the legislature. By January 15, 2024, and each January 15 thereafter, 
148.22 	the commissioner must submit a report to the chairs and ranking minority members of the 
148.23 	committees of the house of representatives and the senate having jurisdiction over economic 
148.24 	development that details awards given through the CanNavigate program and the use of 
148.25 	grant money, including any measures of success toward helping individuals navigate the 
148.26 	regulatory structure of the legal cannabis industry.

148.27 	Sec. 3. [116L.90] CANNABIS INDUSTRY TRAINING GRANTS.
148.28 		Subdivision 1.Establishment. The commissioner of employment and economic 
148.29 	development shall establish CanTrain, a program to award grants to (1) eligible organizations 
148.30 	to train people for work in the legal cannabis industry, and (2) eligible individuals to acquire 
148.31 	such training.
148.32 		Subd. 2.Definitions. (a) For the purposes of this section, the following terms have the 
148.33 	meanings given.
149.1 	(b) "Commissioner" means the commissioner of employment and economic development.
149.2 	(c) "Eligible organization" means any organization capable of providing training relevant 
149.3 	to the legal cannabis industry, particularly for individuals facing barriers to education or 
149.4 	employment, and may include educational institutions, nonprofit organizations, private 
149.5 	businesses, community groups, units of local government, or partnerships between different 
149.6 	types of organizations.
149.7 	(d) "Eligible individual" means a Minnesota resident who is 21 years old or older.
149.8 	(e) "Industry" means the legal cannabis industry in Minnesota.
149.9 	(f) "Program" means the CanTrain grant program.
149.10 	(g) "Social equity applicant" means a person who meets the qualification requirements 
149.11 	in section 342.16.
149.12 		Subd. 3.Grants to organizations. (a) Grant money awarded to eligible organizations 
149.13 	may be used for both developing a training program relevant to the legal cannabis industry 
149.14 	and for providing such training to individuals.
149.15 	(b) The commissioner must award grants to eligible organizations through a competitive 
149.16 	grant process.
149.17 	(c) To receive grant money, an eligible organization must submit a written application 
149.18 	to the commissioner, using a form developed by the commissioner, explaining the 
149.19 	organization's ability to train individuals for successful careers in the legal cannabis industry, 
149.20 	particularly individuals facing barriers to education or employment.
149.21 	(d) An eligible organization's grant application must also include:
149.22 	(1) a description of the proposed training;
149.23 	(2) an analysis of the degree of demand in the legal cannabis industry for the skills gained 
149.24 	through the proposed training;
149.25 	(3) any evidence of the organization's past success in training individuals for successful 
149.26 	careers, particularly in new or emerging industries;
149.27 	(4) an estimate of the cost of providing the proposed training;
149.28 	(5) the sources and amounts of any nonstate funds or in-kind contributions that will 
149.29 	supplement grant money, including any amounts that individuals will be charged to 
149.30 	participate in the training; and
149.31 	(6) any additional information requested by the commissioner.
150.1 	(e) In awarding grants under this subdivision, the commissioner shall give weight to 
150.2 	applications from organizations that demonstrate a history of successful career training, 
150.3 	particularly for individuals facing barriers to education or employment. The commissioner 
150.4 	shall also give weight to applications where the proposed training will:
150.5 	(1) result in an industry-relevant credential; or
150.6 	(2) include opportunities for hands-on or on-site experience in the industry.
150.7 	The commissioner shall fund training for a broad range of careers in the legal cannabis 
150.8 	industry, including both potential business owners and employees and for work in the 
150.9 	growing, processing, and retail sectors of the legal cannabis industry.
150.10 		Subd. 4.Grants to individuals. (a) The commissioner shall award grants of $....... to 
150.11 	eligible individuals to pursue a training program relevant to a career in the legal cannabis 
150.12 	industry.
150.13 	(b) To receive grant money, an eligible individual must submit a written application to 
150.14 	the commissioner, using a form developed by the commissioner, identifying a training 
150.15 	program relevant to the legal cannabis industry and the estimated cost of completing that 
150.16 	training. The application must also indicate whether:
150.17 	(1) the applicant is eligible to be a social equity applicant;
150.18 	(2) the proposed training program results in an industry-relevant credential; and
150.19 	(3) the proposed training program includes opportunities for hands-on or on-site 
150.20 	experience in the industry.
150.21 	The commissioner shall attempt to make the application process simple for individuals to 
150.22 	complete, such as by publishing lists of industry-relevant training programs along with the 
150.23 	training program's estimated cost of completing the training programs and whether the 
150.24 	training programs will result in an industry-relevant credential or include opportunities for 
150.25 	hands-on or on-site experience in the legal cannabis industry.
150.26 	(c) The commissioner must award grants to eligible individuals through a lottery process. 
150.27 	Applicants who have filed complete applications by the deadline set by the commissioner 
150.28 	shall receive one entry in the lottery, plus one additional entry for each of the following:
150.29 	(1) being eligible to be a social equity applicant;
150.30 	(2) seeking to enroll in a training program that results in an industry-relevant credential; 
150.31 	and
151.1 	(3) seeking to enroll in a training program that includes opportunities for hands-on or 
151.2 	on-site experience in the industry.
151.3 	(d) Grant money awarded to eligible individuals shall be used to pay the costs of enrolling 
151.4 	in a training program relevant to the legal cannabis industry, including tuition, fees, and 
151.5 	materials costs. Grant money may also be used to remove external barriers to attending such 
151.6 	a training program, such as the cost of child care, transportation, or other expenses approved 
151.7 	by the commissioner.
151.8 		Subd. 5.Program outreach. The commissioner shall make extensive efforts to publicize 
151.9 	these grants, including through partnerships with community organizations, particularly 
151.10 	those organizations located in areas where long-term residents are eligible to be social equity 
151.11 	applicants.
151.12 		Subd. 6.Reports to the legislature. By January 15, 2024, and each January 15 thereafter, 
151.13 	the commissioner must submit a report to the chairs and ranking minority members of the 
151.14 	committees of the house of representatives and the senate having jurisdiction over workforce 
151.15 	development that describes awards given through the CanTrain program and the use of 
151.16 	grant money, including any measures of success toward training people for successful 
151.17 	careers in the legal cannabis industry.

151.18 	ARTICLE 4
151.19 	CRIMINAL PENALTIES

151.20 	Section 1. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision 
151.21 	to read:
151.22 		Subd. 25.Cannabinoid product. "Cannabinoid product" has the meaning given in 
151.23 	section 342.01, subdivision 12.

151.24 	Sec. 2. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to 
151.25 	read:
151.26 		Subd. 26.Cannabis concentrate. "Cannabis concentrate" has the meaning given in 
151.27 	section 342.01, subdivision 15.

151.28 	Sec. 3. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to 
151.29 	read:
151.30 		Subd. 27.Cannabis flower. "Cannabis flower" has the meaning given in section 342.01, 
151.31 	subdivision 16.

152.1 	Sec. 4. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to 
152.2 	read:
152.3 		Subd. 28.Edible cannabinoid product. "Edible cannabinoid product" has the meaning 
152.4 	given in section 342.01, subdivision 29.

152.5 	Sec. 5. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to 
152.6 	read:
152.7 		Subd. 29.Cannabis plant. "Cannabis plant" has the meaning given in section 342.01, 
152.8 	subdivision 19.

152.9 	Sec. 6. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to 
152.10 	read:
152.11 		Subd. 30.Artificially derived cannabinoid. "Artificially derived cannabinoid" has the 
152.12 	meaning given in section 342.01, subdivision 6.

152.13 	Sec. 7. Minnesota Statutes 2022, section 152.021, subdivision 2, is amended to read:
152.14 		Subd. 2.Possession crimes. (a) A person is guilty of a controlled substance crime in 
152.15 	the first degree if:
152.16 	(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams 
152.17 	or more containing cocaine or methamphetamine;
152.18 	(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams 
152.19 	or more containing cocaine or methamphetamine and:
152.20 	(i) the person or an accomplice possesses on their person or within immediate reach, or 
152.21 	uses, whether by brandishing, displaying, threatening with, or otherwise employing, a 
152.22 	firearm; or
152.23 	(ii) the offense involves two aggravating factors;
152.24 	(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams 
152.25 	or more containing heroin;
152.26 	(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams 
152.27 	or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
152.28 	(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams 
152.29 	or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled 
152.30 	substance is packaged in dosage units, equaling 500 or more dosage units; or
153.1 	(6) the person unlawfully possesses one or more mixtures of a total weight of 50 
153.2 	kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or 
153.3 	more marijuana plants.
153.4 	(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may 
153.5 	not be considered in measuring the weight of a mixture except in cases where the mixture 
153.6 	contains four or more fluid ounces of fluid.

153.7 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
153.8 	committed on or after that date.

153.9 	Sec. 8. Minnesota Statutes 2022, section 152.022, subdivision 1, is amended to read:
153.10 		Subdivision 1.Sale crimes. A person is guilty of controlled substance crime in the 
153.11 	second degree if:
153.12 	(1) on one or more occasions within a 90-day period the person unlawfully sells one or 
153.13 	more mixtures of a total weight of ten grams or more containing a narcotic drug other than 
153.14 	heroin;
153.15 	(2) on one or more occasions within a 90-day period the person unlawfully sells one or 
153.16 	more mixtures of a total weight of three grams or more containing cocaine or 
153.17 	methamphetamine and:
153.18 	(i) the person or an accomplice possesses on their person or within immediate reach, or 
153.19 	uses, whether by brandishing, displaying, threatening with, or otherwise employing, a 
153.20 	firearm; or
153.21 	(ii) the offense involves three aggravating factors;
153.22 	(3) on one or more occasions within a 90-day period the person unlawfully sells one or 
153.23 	more mixtures of a total weight of three grams or more containing heroin;
153.24 	(4) on one or more occasions within a 90-day period the person unlawfully sells one or 
153.25 	more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, 
153.26 	or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or 
153.27 	more dosage units;
153.28 	(5) on one or more occasions within a 90-day period the person unlawfully sells one or 
153.29 	more mixtures of a total weight of ten kilograms or more containing marijuana or 
153.30 	Tetrahydrocannabinols;
154.1 	(6) (5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a 
154.2 	person under the age of 18, or conspires with or employs a person under the age of 18 to 
154.3 	unlawfully sell the substance; or
154.4 	(7) (6) the person unlawfully sells any of the following in a school zone, a park zone, a 
154.5 	public housing zone, or a drug treatment facility:
154.6 	(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 
154.7 	3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine; or
154.8 	(ii) one or more mixtures containing methamphetamine or amphetamine; or.
154.9 	(iii) one or more mixtures of a total weight of five kilograms or more containing marijuana 
154.10 	or Tetrahydrocannabinols.

154.11 	EFFECTIVE DATE. This section is effective January 1, 2024, and applies to crimes 
154.12 	committed on or after that date.

154.13 	Sec. 9. Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read:
154.14 		Subd. 2.Possession crimes. (a) A person is guilty of controlled substance crime in the 
154.15 	second degree if:
154.16 	(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams 
154.17 	or more containing cocaine or methamphetamine;
154.18 	(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams 
154.19 	or more containing cocaine or methamphetamine and:
154.20 	(i) the person or an accomplice possesses on their person or within immediate reach, or 
154.21 	uses, whether by brandishing, displaying, threatening with, or otherwise employing, a 
154.22 	firearm; or
154.23 	(ii) the offense involves three aggravating factors;
154.24 	(3) the person unlawfully possesses one or more mixtures of a total weight of six grams 
154.25 	or more containing heroin;
154.26 	(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams 
154.27 	or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
154.28 	(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams 
154.29 	or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled 
154.30 	substance is packaged in dosage units, equaling 100 or more dosage units; or
155.1 	(6) the person unlawfully possesses one or more mixtures of a total weight of 25 
155.2 	kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or 
155.3 	more marijuana plants.
155.4 	(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may 
155.5 	not be considered in measuring the weight of a mixture except in cases where the mixture 
155.6 	contains four or more fluid ounces of fluid.

155.7 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
155.8 	committed on or after that date.

155.9 	Sec. 10. Minnesota Statutes 2022, section 152.023, subdivision 1, is amended to read:
155.10 		Subdivision 1.Sale crimes. A person is guilty of controlled substance crime in the third 
155.11 	degree if:
155.12 	(1) the person unlawfully sells one or more mixtures containing a narcotic drug;
155.13 	(2) on one or more occasions within a 90-day period the person unlawfully sells one or 
155.14 	more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, 
155.15 	and equals ten or more dosage units;
155.16 	(3) the person unlawfully sells one or more mixtures containing a controlled substance 
155.17 	classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, cannabis flower, 
155.18 	or cannabinoid products to a person under the age of 18; or
155.19 	(4) the person conspires with or employs a person under the age of 18 to unlawfully sell 
155.20 	one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except 
155.21 	a Schedule I or II narcotic drug; or, cannabis flower, or cannabinoid products.
155.22 	(5) on one or more occasions within a 90-day period the person unlawfully sells one or 
155.23 	more mixtures of a total weight of five kilograms or more containing marijuana or 
155.24 	Tetrahydrocannabinols.

155.25 	EFFECTIVE DATE. This section is effective January 1, 2024, and applies to crimes 
155.26 	committed on or after that date.

155.27 	Sec. 11. Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read:
155.28 		Subd. 2.Possession crimes. (a) A person is guilty of controlled substance crime in the 
155.29 	third degree if:
156.1 	(1) on one or more occasions within a 90-day period the person unlawfully possesses 
156.2 	one or more mixtures of a total weight of ten grams or more containing a narcotic drug other 
156.3 	than heroin;
156.4 	(2) on one or more occasions within a 90-day period the person unlawfully possesses 
156.5 	one or more mixtures of a total weight of three grams or more containing heroin;
156.6 	(3) on one or more occasions within a 90-day period the person unlawfully possesses 
156.7 	one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals 
156.8 	50 or more dosage units;
156.9 	(4) on one or more occasions within a 90-day period the person unlawfully possesses 
156.10 	any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid 
156.11 	diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
156.12 	3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, 
156.13 	or a drug treatment facility;
156.14 	(5) on one or more occasions within a 90-day period the person unlawfully possesses 
156.15 	one or more mixtures of a total weight of ten kilograms or more containing marijuana or 
156.16 	Tetrahydrocannabinols:
156.17 	(i) more than ten kilograms of cannabis flower;
156.18 	(ii) more than two kilograms of cannabis concentrate; or
156.19 	(iii) edible cannabinoid products infused with more than 200 grams of 
156.20 	tetrahydrocannabinol; or
156.21 	(6) the person unlawfully possesses one or more mixtures containing methamphetamine 
156.22 	or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment 
156.23 	facility.
156.24 	(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may 
156.25 	not be considered in measuring the weight of a mixture except in cases where the mixture 
156.26 	contains four or more fluid ounces of fluid.

156.27 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
156.28 	committed on or after that date.

156.29 	Sec. 12. Minnesota Statutes 2022, section 152.024, subdivision 1, is amended to read:
156.30 		Subdivision 1.Sale crimes. A person is guilty of controlled substance crime in the fourth 
156.31 	degree if:
157.1 	(1) the person unlawfully sells one or more mixtures containing a controlled substance 
157.2 	classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
157.3 	(2) the person unlawfully sells one or more mixtures containing a controlled substance 
157.4 	classified in Schedule IV or V to a person under the age of 18; or
157.5 	(3) the person conspires with or employs a person under the age of 18 to unlawfully sell 
157.6 	a controlled substance classified in Schedule IV or V; or.
157.7 	(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a 
157.8 	school zone, a park zone, a public housing zone, or a drug treatment facility, except a small 
157.9 	amount for no remuneration.

157.10 	EFFECTIVE DATE. This section is effective January 1, 2024, and applies to crimes 
157.11 	committed on or after that date.

157.12 	Sec. 13. Minnesota Statutes 2022, section 152.025, subdivision 1, is amended to read:
157.13 		Subdivision 1.Sale crimes.  A person is guilty of a controlled substance crime in the 
157.14 	fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
157.15 	(1) the person unlawfully sells one or more mixtures containing marijuana or 
157.16 	tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
157.17 	(2) the person unlawfully sells one or more mixtures containing a controlled substance 
157.18 	classified in Schedule IV.

157.19 	EFFECTIVE DATE. This section is effective January 1, 2024, and applies to crimes 
157.20 	committed on or after that date.

157.21 	Sec. 14. Minnesota Statutes 2022, section 152.025, subdivision 2, is amended to read:
157.22 		Subd. 2.Possession and other crimes.  A person is guilty of controlled substance crime 
157.23 	in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
157.24 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
157.25 	substance classified in Schedule I, II, III, or IV, except a small amount of marijuana cannabis 
157.26 	flower or cannabinoid products; or
157.27 	(2) the person procures, attempts to procure, possesses, or has control over a controlled 
157.28 	substance by any of the following means:
157.29 	(i) fraud, deceit, misrepresentation, or subterfuge;
157.30 	(ii) using a false name or giving false credit; or
158.1 	(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, 
158.2 	wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice 
158.3 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
158.4 	obtaining a controlled substance.

158.5 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
158.6 	committed on or after that date.

158.7 	Sec. 15. [152.0263] CANNABIS POSSESSION CRIMES.
158.8 		Subdivision 1.Possession of cannabis in the first degree. A person is guilty of cannabis 
158.9 	possession in the first degree and may be sentenced to imprisonment of not more than five 
158.10 	years or to payment of a fine of not more than $10,000, or both, if the person unlawfully 
158.11 	possesses any of the following:
158.12 	(1) more than two pounds but not more than ten kilograms of cannabis flower in any 
158.13 	place other than the person's residence;
158.14 	(2) more than five pounds but not more than ten kilograms of cannabis flower in the 
158.15 	person's residence;
158.16 	(3) more than 160 grams but not more than two kilograms of cannabis concentrate; or
158.17 	(4) edible cannabinoid products infused with more than 16 grams but not more than 200 
158.18 	grams of tetrahydrocannabinol.
158.19 		Subd. 2.Possession of cannabis in the second degree. A person is guilty of cannabis 
158.20 	possession in the second degree and may be sentenced to imprisonment of not more than 
158.21 	one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully 
158.22 	possesses any of the following:
158.23 	(1) more than one pound but not more than two pounds of cannabis flower in any place 
158.24 	other than the person's residence;
158.25 	(2) more than 80 grams but not more than 160 grams of cannabis concentrate; or
158.26 	(3) edible cannabinoid products infused with more than eight grams but not more than 
158.27 	16 grams of tetrahydrocannabinol.
158.28 		Subd. 3.Possession of cannabis in the third degree. A person is guilty of cannabis 
158.29 	possession in the third degree and may be sentenced to imprisonment of not more than 90 
158.30 	days or to payment of a fine of not more than $1,000, or both, if the person unlawfully 
158.31 	possesses any of the following:
159.1 	(1) more than four ounces but not more than one pound of cannabis flower in any place 
159.2 	other than the person's residence;
159.3 	(2) more than 16 grams but not more than 80 grams of cannabis concentrate; or
159.4 	(3) edible cannabinoid products infused with more than 1,600 milligrams but not more 
159.5 	than eight grams of tetrahydrocannabinol.
159.6 		Subd. 4.Possession of cannabis in the fourth degree. A person is guilty of a petty 
159.7 	misdemeanor if the person unlawfully possesses any of the following:
159.8 	(1) more than two ounces but not more than four ounces of cannabis flower in any place 
159.9 	other than the person's residence;
159.10 	(2) more than eight grams but not more than 16 grams of cannabis concentrate; or
159.11 	(3) edible cannabinoid products infused with more than 800 milligrams but not more 
159.12 	than 1,600 milligrams of tetrahydrocannabinol.
159.13 		Subd. 5.Use of cannabis in a motor vehicle. A person is guilty of a crime and may be 
159.14 	sentenced to imprisonment of not more than 90 days or to payment of a fine of not more 
159.15 	than $1,000, or both, if the person unlawfully uses cannabis flower or cannabinoid products 
159.16 	while driving, operating, or being in physical control of any motor vehicle, as defined in 
159.17 	section 169A.03, subdivision 15.
159.18 		Subd. 6.Use of cannabis in public. A local unit of government may adopt an ordinance 
159.19 	establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower 
159.20 	or cannabinoid products in a public place provided that the definition of public place does 
159.21 	not include the following:
159.22 	(1) a private residence, including the person's curtilage or yard;
159.23 	(2) private property not generally accessible by the public, unless the person is explicitly 
159.24 	prohibited from consuming cannabis flower or cannabinoid products on the property by the 
159.25 	owner of the property; or
159.26 	(3) the premises of an establishment or event licensed to permit on-site consumption.

159.27 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
159.28 	committed on or after that date.

159.29 	Sec. 16. [152.0264] CANNABIS SALE CRIMES.
159.30 		Subdivision 1.Sale of cannabis in the first degree. A person is guilty of the sale of 
159.31 	cannabis in the first degree and may be sentenced to imprisonment of not more than five 
160.1 	years or to payment of a fine of not more than $10,000, or both, if the person unlawfully 
160.2 	sells more than two ounces of cannabis flower, more than eight grams of cannabis 
160.3 	concentrate, or edible cannabinoid products infused with more than 800 milligrams of 
160.4 	tetrahydrocannabinol:
160.5 	(1) to a minor and the defendant is an adult who is more than 36 months older than the 
160.6 	minor;
160.7 	(2) within ten years of two or more convictions for the unlawful sale of more than two 
160.8 	ounces of cannabis flower, more than eight grams of cannabis concentrate, or edible 
160.9 	cannabinoid products infused with more than 800 milligrams of tetrahydrocannabinol; or
160.10 	(3) within ten years of a conviction under this subdivision.
160.11 		Subd. 2.Sale of cannabis in the second degree. A person is guilty of sale of cannabis 
160.12 	in the second degree and may be sentenced to imprisonment of not more than one year or 
160.13 	to payment of a fine of not more than $3,000, or both, if the person unlawfully sells more 
160.14 	than two ounces of cannabis flower, more than eight grams of cannabis concentrate, or 
160.15 	edible cannabinoid products infused with more than 800 milligrams of tetrahydrocannabinol:
160.16 	(1) to a minor and the defendant is an adult who is not more than 36 months older than 
160.17 	the minor;
160.18 	(2) in a school zone, a park zone, a public housing zone, or a drug treatment facility; or
160.19 	(3) within ten years of a conviction for the unlawful sale of more than two ounces of 
160.20 	cannabis flower, more than eight grams of cannabis concentrate, or edible cannabinoid 
160.21 	products infused with more than 800 milligrams of tetrahydrocannabinol.
160.22 		Subd. 3.Sale of cannabis in the third degree. A person is guilty of sale of cannabis in 
160.23 	the third degree and may be sentenced to imprisonment of not more than 90 days or to 
160.24 	payment of a fine of not more than $1,000, or both, if the person unlawfully sells:
160.25 	(1) more than two ounces of cannabis flower;
160.26 	(2) more than eight grams of cannabis concentrate; or
160.27 	(3) edible cannabinoid products infused with more than 800 milligrams of 
160.28 	tetrahydrocannabinol.
160.29 		Subd. 4.Sale of cannabis in the fourth degree. (a) A person is guilty of a petty 
160.30 	misdemeanor if the person unlawfully sells:
160.31 	(1) not more than two ounces of cannabis flower;
161.1 	(2) not more than eight grams of cannabis concentrate; or
161.2 	(3) edible cannabinoid products infused with not more than 800 milligrams of 
161.3 	tetrahydrocannabinol.
161.4 	(b) A sale for no remuneration by an individual over the age of 21 to another individual 
161.5 	over the age of 21 is not an unlawful sale under this subdivision.
161.6 		Subd. 5.Sale of cannabis by a minor. (a) A minor is guilty of a petty misdemeanor if:
161.7 	(1) the minor unlawfully sells cannabis flower, cannabis concentrate, or cannabinoid 
161.8 	products; and
161.9 	(2) the minor has not previously received a petty misdemeanor disposition or been 
161.10 	adjudicated delinquent for committing an act in violation of this section.
161.11 	(b) A minor sentenced under this subdivision is required to participate in a drug education 
161.12 	program unless the court enters a written finding that a drug education program is 
161.13 	inappropriate. The program must be approved by an area mental health board with a 
161.14 	curriculum approved by the state alcohol and drug abuse authority.
161.15 	(c) A minor who receives a disposition pursuant to this subdivision is required to perform 
161.16 	community service.

161.17 	EFFECTIVE DATE. This section is effective January 1, 2024, and applies to crimes 
161.18 	committed on or after that date.

161.19 	Sec. 17. [152.0265] CANNABIS CULTIVATION CRIMES.
161.20 		Subdivision 1.Cultivation of cannabis in the first degree. A person is guilty of 
161.21 	cultivation of cannabis in the first degree and may be sentenced to imprisonment of not 
161.22 	more than five years or to payment of a fine of not more than $10,000, or both, if the person 
161.23 	unlawfully cultivates more than 23 cannabis plants.
161.24 		Subd. 2.Cultivation of cannabis in the second degree. A person is guilty of cultivation 
161.25 	of cannabis in the second degree and may be sentenced to imprisonment of not more than 
161.26 	one year or to payment of a fine of not more than $3,000, or both, if the person unlawfully 
161.27 	cultivates more than 16 cannabis plants but not more than 23 cannabis plants.

161.28 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
161.29 	committed on or after that date.

162.1 	Sec. 18. Minnesota Statutes 2022, section 244.05, subdivision 2, is amended to read:
162.2 		Subd. 2.Rules. (a) The commissioner of corrections shall adopt by rule standards and 
162.3 	procedures for the establishment of conditions of release and the revocation of supervised 
162.4 	or conditional release, and shall specify the period of revocation for each violation of release. 
162.5 	Procedures for the revocation of release shall provide due process of law for the inmate.
162.6 	(b) The commissioner may prohibit an inmate placed on parole, supervised release, or 
162.7 	conditional release from using adult-use cannabis flower as defined in section 342.01, 
162.8 	subdivision 4, or adult-use cannabinoid products as defined in section 342.01, subdivision 
162.9 	2, if the inmate undergoes a chemical use assessment and abstinence is consistent with a 
162.10 	recommended level of care for the defendant in accordance with the criteria in rules adopted 
162.11 	by the commissioner of human services under section 254A.03, subdivision 3.
162.12 	(c) The commissioner of corrections shall not prohibit an inmate placed on parole, 
162.13 	supervised release, or conditional release from participating in the registry program as 
162.14 	defined in section 342.01, subdivision 58, as a condition of release or revoke a patient's 
162.15 	parole, supervised release, or conditional release or otherwise sanction a patient on parole, 
162.16 	supervised release, or conditional release solely for participating in the registry program or 
162.17 	for a positive drug test for cannabis components or metabolites.

162.18 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to supervised 
162.19 	release granted on or after that date.

162.20 	Sec. 19. Minnesota Statutes 2022, section 609.135, subdivision 1, is amended to read:
162.21 		Subdivision 1.Terms and conditions. (a) Except when a sentence of life imprisonment 
162.22 	is required by law, or when a mandatory minimum sentence is required by section 609.11, 
162.23 	any court may stay imposition or execution of sentence and:
162.24 	(1) may order intermediate sanctions without placing the defendant on probation; or
162.25 	(2) may place the defendant on probation with or without supervision and on the terms 
162.26 	the court prescribes, including intermediate sanctions when practicable. The court may order 
162.27 	the supervision to be under the probation officer of the court, or, if there is none and the 
162.28 	conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in 
162.29 	any case by some other suitable and consenting person. Unless the court directs otherwise, 
162.30 	state parole and probation agents and probation officers may impose community work 
162.31 	service or probation violation sanctions, consistent with section 243.05, subdivision 1; 
162.32 	sections 244.196 to 244.199; or 401.02, subdivision 5.
163.1 	No intermediate sanction may be ordered performed at a location that fails to observe 
163.2 	applicable requirements or standards of chapter 181A or 182, or any rule promulgated under 
163.3 	them.
163.4 	(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term 
163.5 	"intermediate sanctions" includes but is not limited to incarceration in a local jail or 
163.6 	workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, 
163.7 	reporting to a day reporting center, chemical dependency or mental health treatment or 
163.8 	counseling, restitution, fines, day-fines, community work service, work service in a restorative 
163.9 	justice program, work in lieu of or to work off fines and, with the victim's consent, work in 
163.10 	lieu of or to work off restitution.
163.11 	(c) A court may not stay the revocation of the driver's license of a person convicted of 
163.12 	violating the provisions of section 169A.20.
163.13 	(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, payment 
163.14 	is due on the date imposed unless the court otherwise establishes a due date or a payment 
163.15 	plan.
163.16 	(e) The court may prohibit a defendant from using adult-use cannabis flower as defined 
163.17 	in section 342.01, subdivision 4, or adult-use cannabinoid products as defined in section 
163.18 	342.01, subdivision 2, if the defendant undergoes a chemical use assessment and abstinence 
163.19 	is consistent with a recommended level of care for the defendant in accordance with the 
163.20 	criteria in rules adopted by the commissioner of human services under section 254A.03, 
163.21 	subdivision 3. The assessment must be conducted by an assessor qualified under rules 
163.22 	adopted by the commissioner of human services under section 254A.03, subdivision 3. An 
163.23 	assessor providing a chemical use assessment may not have any direct or shared financial 
163.24 	interest or referral relationship resulting in shared financial gain with a treatment provider, 
163.25 	except as authorized under section 254A.19, subdivision 3. If an independent assessor is 
163.26 	not available, the probation officer may use the services of an assessor authorized to perform 
163.27 	assessments for the county social services agency under a variance granted under rules 
163.28 	adopted by the commissioner of human services under section 254A.03, subdivision 3.
163.29 	(f) A court shall not impose an intermediate sanction that has the effect of prohibiting 
163.30 	a person from participating in the registry program as defined in section 342.01, subdivision 
163.31 	58.

163.32 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to sentences 
163.33 	ordered on or after that date.

164.1 	Sec. 20. Minnesota Statutes 2022, section 609.5311, subdivision 1, is amended to read:
164.2 		Subdivision 1.Controlled substances. All controlled substances that were manufactured, 
164.3 	distributed, dispensed, or acquired in violation of chapter 152 or 342 are subject to forfeiture 
164.4 	under this section, except as provided in subdivision 3 and section 609.5316.

164.5 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to violations 
164.6 	committed on or after that date.

164.7 	Sec. 21. Minnesota Statutes 2022, section 609.5314, subdivision 1, is amended to read:
164.8 		Subdivision 1.Property subject to administrative forfeiture. (a) The following are 
164.9 	subject to administrative forfeiture under this section:
164.10 	(1) all money totaling $1,500 or more, precious metals, and precious stones that there 
164.11 	is probable cause to believe represent the proceeds of a controlled substance offense;
164.12 	(2) all money found in proximity to controlled substances when there is probable cause 
164.13 	to believe that the money was exchanged for the purchase of a controlled substance;
164.14 	(3) all conveyance devices containing controlled substances with a retail value of $100 
164.15 	or more if there is probable cause to believe that the conveyance device was used in the 
164.16 	transportation or exchange of a controlled substance intended for distribution or sale; and
164.17 	(4) all firearms, ammunition, and firearm accessories found:
164.18 	(i) in a conveyance device used or intended for use to commit or facilitate the commission 
164.19 	of a felony offense involving a controlled substance;
164.20 	(ii) on or in proximity to a person from whom a felony amount of controlled substance 
164.21 	is seized; or
164.22 	(iii) on the premises where a controlled substance is seized and in proximity to the 
164.23 	controlled substance, if possession or sale of the controlled substance would be a felony 
164.24 	under chapter 152.
164.25 	(b) The Department of Corrections Fugitive Apprehension Unit shall not seize items 
164.26 	listed in paragraph (a), clauses (3) and (4), for the purposes of forfeiture.
164.27 	(c) Money is the property of an appropriate agency and may be seized and recovered by 
164.28 	the appropriate agency if:
164.29 	(1) the money is used by an appropriate agency, or furnished to a person operating on 
164.30 	behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; 
164.31 	and
165.1 	(2) the appropriate agency records the serial number or otherwise marks the money for 
165.2 	identification.
165.3 	(d) As used in this section, "money" means United States currency and coin; the currency 
165.4 	and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid 
165.5 	credit card; cryptocurrency; or a money order.
165.6 	(e) As used in this section, "controlled substance" does not include cannabis flower as 
165.7 	defined in section 342.01, subdivision 16, or cannabinoid product as defined in section 
165.8 	342.01, subdivision 12.

165.9 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
165.10 	committed on or after that date.

165.11 	Sec. 22. Minnesota Statutes 2022, section 609.5316, subdivision 2, is amended to read:
165.12 		Subd. 2.Controlled substances. (a) Controlled substances listed in Schedule I that are 
165.13 	possessed, transferred, sold, or offered for sale in violation of chapter 152 or 342, are 
165.14 	contraband and must be seized and summarily forfeited. Controlled substances listed in 
165.15 	Schedule I that are seized or come into the possession of peace officers, the owners of which 
165.16 	are unknown, are contraband and must be summarily forfeited.
165.17 	(b) Species of plants from which controlled substances in Schedules I and II may be 
165.18 	derived that have been planted or cultivated in violation of chapter 152 or of which the 
165.19 	owners or cultivators are unknown, or that are wild growths, may be seized and summarily 
165.20 	forfeited to the state. The appropriate agency or its authorized agent may seize the plants if 
165.21 	the person in occupancy or in control of land or premises where the plants are growing or 
165.22 	being stored fails to produce an appropriate registration or proof that the person is the holder 
165.23 	of appropriate registration.

165.24 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
165.25 	committed on or after that date.

165.26 	Sec. 23. ORAL FLUID PRELIMINARY TESTING; PILOT PROJECT 
165.27 	AUTHORIZED.
 165.28 	(a) The commissioner of public safety is authorized to design, plan, and implement a 
165.29 	pilot project intended to determine the efficacy of oral fluid roadside testing to determine 
165.30 	the presence of a controlled substance or intoxicating substance by trained law enforcement 
165.31 	personnel. The project is further intended to gain a better assessment of the prevalence of 
166.1 	drug-impaired drivers on Minnesota roads and to evaluate and validate the appropriate 
166.2 	device that could be authorized for use.
166.3 	(b) The results of this preliminary oral fluid test must not be used in any court action.
166.4 	(c) Following the screening test, additional tests may be required of the driver pursuant 
166.5 	to Minnesota Statutes, section 169A.51 (chemical tests for intoxication).

166.6 	EFFECTIVE DATE. This section is effective August 1, 2023, and expires July 31, 
166.7 	2025.

166.8 	ARTICLE 5
166.9 	EXPUNGEMENT

166.10 	Section 1. Minnesota Statutes 2022, section 609A.01, is amended to read:
166.11 	609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.
166.12 	This chapter provides the grounds and procedures for expungement of criminal records 
166.13 	under section 13.82; 152.18, subdivision 1; 299C.11, where a petition is authorized under 
166.14 	section 609A.02, subdivision 3; expungement is automatic under section 609A.05; 
166.15 	expungement is considered by a panel under section 609A.06; or other applicable law. The 
166.16 	remedy available is limited to a court order sealing the records and prohibiting the disclosure 
166.17 	of their existence or their opening except under court order or statutory authority. Nothing 
166.18 	in this chapter authorizes the destruction of records or their return to the subject of the 
166.19 	records.

166.20 	EFFECTIVE DATE. This section is effective August 1, 2023.

166.21 	Sec. 2. Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read:
166.22 		Subd. 5.Nature of remedy; standard. (a) Except as otherwise provided by paragraph 
166.23 	(b), expungement of a criminal record under this section is an extraordinary remedy to be 
166.24 	granted only upon clear and convincing evidence that it would yield a benefit to the petitioner 
166.25 	commensurate with the disadvantages to the public and public safety of:
166.26 	(1) sealing the record; and
166.27 	(2) burdening the court and public authorities to issue, enforce, and monitor an 
166.28 	expungement order.
166.29 	(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for 
166.30 	the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause 
166.31 	(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction 
167.1 	whose records would be affected establishes by clear and convincing evidence that the 
167.2 	interests of the public and public safety outweigh the disadvantages to the petitioner of not 
167.3 	sealing the record.
167.4 	(c) In making a determination under this subdivision, the court shall consider:
167.5 	(1) the nature and severity of the underlying crime, the record of which would be sealed;
167.6 	(2) the risk, if any, the petitioner poses to individuals or society;
167.7 	(3) the length of time since the crime occurred;
167.8 	(4) the steps taken by the petitioner toward rehabilitation following the crime;
167.9 	(5) aggravating or mitigating factors relating to the underlying crime, including the 
167.10 	petitioner's level of participation and context and circumstances of the underlying crime;
167.11 	(6) the reasons for the expungement, including the petitioner's attempts to obtain 
167.12 	employment, housing, or other necessities;
167.13 	(7) the petitioner's criminal record;
167.14 	(8) the petitioner's record of employment and community involvement;
167.15 	(9) the recommendations of interested law enforcement, prosecutorial, and corrections 
167.16 	officials;
167.17 	(10) the recommendations of victims or whether victims of the underlying crime were 
167.18 	minors;
167.19 	(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner 
167.20 	toward payment, and the measures in place to help ensure completion of restitution payment 
167.21 	after expungement of the record if granted; and
167.22 	(12) other factors deemed relevant by the court.
167.23 	(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court 
167.24 	issues an expungement order it may require that the criminal record be sealed, the existence 
167.25 	of the record not be revealed, and the record not be opened except as required under 
167.26 	subdivision 7. Records must not be destroyed or returned to the subject of the record.
167.27 	(e) Information relating to a criminal history record of an employee, former employee, 
167.28 	or tenant that has been expunged before the occurrence of the act giving rise to the civil 
167.29 	action may not be introduced as evidence in a civil action against a private employer or 
167.30 	landlord or its employees or agents that is based on the conduct of the employee, former 
167.31 	employee, or tenant.

168.1 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes 
168.2 	committed on or after that date.

168.3 	Sec. 3. Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read:
168.4 		Subd. 9.Stay of order; appeal. An expungement order issued under this section shall 
168.5 	be stayed automatically for 60 days after the order is filed and, if the order is appealed, 
168.6 	during the appeal period. A person or an agency or jurisdiction whose records would be 
168.7 	affected by the order may appeal the order within 60 days of service of notice of filing of 
168.8 	the order. An agency or jurisdiction or its officials or employees need not file a cost bond 
168.9 	or supersedeas bond in order to further stay the proceedings or file an appeal.

168.10 	EFFECTIVE DATE. This section is effective August 1, 2023.

168.11 	Sec. 4. [609A.05] AUTOMATIC EXPUNGEMENT OF CERTAIN CANNABIS 
168.12 	OFFENSES.
168.13 		Subdivision 1.Eligibility; dismissal, exoneration, or conviction of nonfelony cannabis 
168.14 	offenses. (a) A person is eligible for an order of expungement:
168.15 	(1) upon the dismissal and discharge of proceedings against a person under section 
168.16 	152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession 
168.17 	of marijuana or tetrahydrocannabinols;
168.18 	(2) if the person was convicted of or received a stayed sentence for a violation of section 
168.19 	152.027, subdivision 3 or 4;
168.20 	(3) if the person was arrested for possession of marijuana or tetrahydrocannabinols and 
168.21 	all charges were dismissed prior to a determination of probable cause; or
168.22 	(4) if all pending actions or proceedings involving the possession of marijuana or 
168.23 	tetrahydrocannabinols were resolved in favor of the person.
168.24 	(b) For purposes of this section:
168.25 	(1) a verdict of not guilty by reason of mental illness is not a resolution in favor of the 
168.26 	person; and
168.27 	(2) an action or proceeding is resolved in favor of the person if the person received an 
168.28 	order under section 590.11 determining that the person is eligible for compensation based 
168.29 	on exoneration.
169.1 		Subd. 2.Bureau of Criminal Apprehension to identify eligible individuals. (a) The 
169.2 	Bureau of Criminal Apprehension shall identify records that qualify for an order of 
169.3 	expungement pursuant to subdivision 1.
169.4 	(b) The Bureau of Criminal Apprehension shall notify the judicial branch of:
169.5 	(1) the name and date of birth of an individual whose record is eligible for an order of 
169.6 	expungement; and
169.7 	(2) the case number of the eligible record.
169.8 	(c) The Bureau of Criminal Apprehension shall grant an expungement to each qualifying 
169.9 	person whose records the bureau possesses and shall seal the bureau's records without 
169.10 	requiring an application, petition, or motion. The bureau shall seal records related to an 
169.11 	expungement within 60 days after the bureau sent notice of the expungement to the judicial 
169.12 	branch pursuant to paragraph (b) unless an order of the judicial branch prohibits sealing the 
169.13 	records or additional information establishes that the records are not eligible for expungement.
169.14 	(d) Nonpublic criminal records maintained by the bureau and subject to a grant of 
169.15 	expungement relief must display a notation stating "expungement relief granted pursuant 
169.16 	to section 609A.05."
169.17 	(e) The bureau shall inform each arresting or citing law enforcement agency with records 
169.18 	affected by the grant of expungement relief issued pursuant to paragraph (c) that expungement 
169.19 	has been granted. The bureau shall notify each arresting or citing law enforcement agency 
169.20 	of an expungement within 60 days after the bureau sent notice of the expungement to the 
169.21 	judicial branch. The bureau may notify each law enforcement agency using electronic means. 
169.22 	Upon receiving notification of an expungement, a law enforcement agency shall seal all 
169.23 	records related to the expungement, including the records of the person's arrest, indictment, 
169.24 	trial, verdict, and dismissal or discharge of the case.
169.25 	(f) The Bureau of Criminal Apprehension shall make a reasonable and good faith effort 
169.26 	to notify any person whose record qualifies for an order of expungement or a grant of 
169.27 	expungement that the offense qualifies and notice is being sent to the judicial branch. Notice 
169.28 	sent pursuant to this paragraph shall inform the person that, following the order of 
169.29 	expungement, any records of an arrest, conviction, or incarceration should not appear on 
169.30 	any background check or study performed in Minnesota.
169.31 	(g) On a schedule and in a manner established by the commissioner of human services, 
169.32 	the bureau shall send the commissioner of human services a list identifying the name and 
170.1 	case number or, if no case number is available, the citation number of each person who 
170.2 	received a grant of expungement.
170.3 	(h) Data on a person whose offense has been expunged under this subdivision, including 
170.4 	any notice sent pursuant to paragraph (e), (f), or (g), are private data on individuals as defined 
170.5 	in section 13.02, subdivision 12.
170.6 		Subd. 3.Order of expungement. (a) Upon receiving notice that an offense qualifies 
170.7 	for expungement, or upon entering an order dismissing charges prior to a determination of 
170.8 	probable cause, the court shall issue an order vacating the conviction, if any, discharging 
170.9 	the person from any form of supervision, dismissing the proceedings against that person, 
170.10 	and sealing all records relating to an arrest, indictment or information, trial, verdict, or 
170.11 	dismissal and discharge for an offense described in subdivision 1.
170.12 	(b) Section 609A.03, subdivision 6, applies to an order issued under this section sealing 
170.13 	the record of proceedings under section 152.18.
170.14 	(c) The limitations under section 609A.03, subdivision 7a, paragraph (b), do not apply 
170.15 	to an order issued under this section.
170.16 	(d) The court administrator shall send a copy of an expungement order issued under this 
170.17 	section to each agency and jurisdiction whose records are affected by the terms of the order 
170.18 	and send a letter to the last known address of the person whose offense has been expunged 
170.19 	identifying each agency to which the order was sent.
170.20 	(e) In consultation with the commissioner of human services, the court shall establish a 
170.21 	schedule on which the court shall provide the commissioner of human services and the 
170.22 	Professional Educator Licensing and Standards Board a list identifying the name and case 
170.23 	number or if no case number is available, the citation number of each person who received 
170.24 	an expungement order issued under this section.
170.25 	(f) Data on the person whose offense has been expunged contained in a letter or other 
170.26 	notification sent under this subdivision are private data on individuals as defined in section 
170.27 	13.02.

170.28 	EFFECTIVE DATE. This section is effective August 1, 2023.

170.29 	Sec. 5. [609A.06] EXPUNGEMENT AND RESENTENCING OF FELONY 
170.30 	CANNABIS OFFENSES.
170.31 		Subdivision 1.Cannabis Expungement Board. (a) The Cannabis Expungement Board 
170.32 	is created with the powers and duties established by law.
171.1 	(b) The Cannabis Expungement Board is composed of the following members:
171.2 	(1) the chief justice of the supreme court or a designee;
171.3 	(2) the attorney general or a designee;
171.4 	(3) one public defender, appointed by the governor upon recommendation of the state 
171.5 	public defender;
171.6 	(4) the commissioner of one department of the state government as defined in section 
171.7 	15.01, appointed by the governor; and
171.8 	(5) one public member with experience as an advocate for victim's rights, appointed by 
171.9 	the governor.
171.10 	(c) The Cannabis Expungement Board shall have the following powers and duties:
171.11 	(1) to obtain and review the records, including but not limited to all matters, files, 
171.12 	documents, and papers incident to the arrest, indictment, information, trial, appeal, or 
171.13 	dismissal and discharge, which relate to a charge for possession of a controlled substance;
171.14 	(2) to determine whether a person committed an act involving the possession of cannabis 
171.15 	flower or cannabinoid products that would either be a lesser offense or no longer be a crime 
171.16 	after August 1, 2023;
171.17 	(3) to determine whether a person's conviction should be vacated, charges should be 
171.18 	dismissed, and records should be expunged, or whether the person should be resentenced 
171.19 	to a lesser offense; and
171.20 	(4) to notify the judicial branch of individuals eligible for an expungement or resentencing 
171.21 	to a lesser offense.
171.22 	(d) The Cannabis Expungement Board shall complete the board's work by June 30, 2028.
171.23 		Subd. 2.Eligibility; possession of cannabis. (a) A person is eligible for an expungement 
171.24 	or resentencing to a lesser offense if:
171.25 	(1) the person was convicted of, or adjudication was stayed for, a violation of any of the 
171.26 	following involving the possession of marijuana or tetrahydrocannabinols:
171.27 	(i) section 152.021, subdivision 2, clause (6);
171.28 	(ii) section 152.022, subdivision 2, clause (6);
171.29 	(iii) section 152.023, subdivision 2, clause (5); or
171.30 	(iv) section 152.025, subdivision 2, clause (1).
172.1 	(2) the offense did not involve a dangerous weapon, the intentional infliction of bodily 
172.2 	harm on another, an attempt to inflict bodily harm on another, or an act committed with the 
172.3 	intent to cause fear in another of immediate bodily harm or death;
172.4 	(3) the act on which the charge was based would either be a lesser offense or no longer 
172.5 	be a crime after August 1, 2023; and
172.6 	(4) the person did not appeal the sentence, any appeal was denied, or the deadline to file 
172.7 	an appeal has expired.
172.8 	(b) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the 
172.9 	person was charged with a felony.
172.10 		Subd. 3.Bureau of Criminal Apprehension to identify eligible records. (a) The 
172.11 	Bureau of Criminal Apprehension shall identify convictions and sentences where adjudication 
172.12 	was stayed that qualify for review under subdivision 2, paragraph (a), clause (1).
172.13 	(b) The Bureau of Criminal Apprehension shall notify the Cannabis Expungement Board 
172.14 	of:
172.15 	(1) the name and date of birth of a person whose record is eligible for review; and
172.16 	(2) the case number of the eligible conviction or stay of adjudication.
172.17 		Subd. 4.Access to records. The Cannabis Expungement Board shall have free access 
172.18 	to records, including but not limited to all matters, files, documents, and papers incident to 
172.19 	the arrest, indictment, information, trial, appeal, or dismissal and discharge that relate to a 
172.20 	charge and conviction or stay of adjudication for possession of a controlled substance held 
172.21 	by law enforcement agencies, prosecuting authorities, and court administrators. The Cannabis 
172.22 	Expungement Board may issue subpoenas for and compel the production of books, records, 
172.23 	accounts, documents, and papers. If any person fails or refuses to produce any books, records, 
172.24 	accounts, documents, or papers material in the matter under consideration after having been 
172.25 	lawfully required by order or subpoena, any judge of the district court in any county of the 
172.26 	state where the order or subpoena was made returnable, on application of the commissioner 
172.27 	of management and budget or commissioner of administration, as the case may be, shall 
172.28 	compel obedience or punish disobedience as for contempt, as in the case of disobedience 
172.29 	of a similar order or subpoena issued by such court.
172.30 		Subd. 5.Meetings; anonymous identifier. (a) The Cannabis Expungement Board shall 
172.31 	hold meetings at least monthly and shall hold a meeting whenever the board takes formal 
172.32 	action on a review of a conviction or stay of adjudication for an offense involving the 
173.1 	possession of marijuana or tetrahydrocannabinols. All board meetings shall be open to the 
173.2 	public and subject to chapter 13D.
173.3 	(b) Any victim of a crime being reviewed and any law enforcement agency may submit 
173.4 	an oral or written statement at the meeting, giving a recommendation on whether a person's 
173.5 	record should be expunged or the person should be resentenced to a lesser offense. The 
173.6 	board must consider the victim's and the law enforcement agency's statement when making 
173.7 	the board's decision.
173.8 	(c) Section 13D.05 governs the board's treatment of not public data, as defined by section 
173.9 	13.02, subdivision 8a, discussed at open meetings of the board. Notwithstanding section 
173.10 	13.03, subdivision 11, the board shall assign an anonymous, unique identifier to each victim 
173.11 	of a crime and person whose conviction or stay of adjudication the board reviews. The 
173.12 	identifier shall be used in any discussion in a meeting open to the public and on any records 
173.13 	available to the public to protect the identity of the person whose records are being 
173.14 	considered.
173.15 		Subd. 6.Review and determination. (a) The Cannabis Expungement Board shall review 
173.16 	all available records to determine whether the conviction or stay of adjudication is eligible 
173.17 	for an expungement or resentencing to a lesser offense. An expungement under this section 
173.18 	is presumed to be in the public interest unless there is clear and convincing evidence that 
173.19 	an expungement or resentencing to a lesser offense would create a risk to public safety.
173.20 	(b) If the Cannabis Expungement Board determines that an expungement is in the public 
173.21 	interest, the board shall determine whether a person's conviction should be vacated and 
173.22 	charges should be dismissed.
173.23 	(c) If the Cannabis Expungement Board determines that an expungement is in the public 
173.24 	interest, the board shall determine whether the limitations under section 609A.03, subdivision 
173.25 	5a, apply.
173.26 	(d) If the Cannabis Expungement Board determines that an expungement is in the public 
173.27 	interest, the board shall determine whether the limitations under section 609A.03, subdivision 
173.28 	7a, paragraph (b), clause (4) or (5), apply.
173.29 	(e) If the Cannabis Expungement Board determines that an expungement is not in the 
173.30 	public interest, the board shall determine whether the person is eligible for resentencing to 
173.31 	a lesser offense.
173.32 	(f) In making a determination under this subdivision, the Cannabis Expungement Board 
173.33 	shall consider:
174.1 	(1) the nature and severity of the underlying crime, including but not limited to the total 
174.2 	amount of marijuana or tetrahydrocannabinols possessed by the person and whether the 
174.3 	offense involved a dangerous weapon, the intentional infliction of bodily harm on another, 
174.4 	an attempt to inflict bodily harm on another, or an act committed with the intent to cause 
174.5 	fear in another of immediate bodily harm or death;
174.6 	(2) whether an expungement or resentencing the person a lesser offense would increase 
174.7 	the risk, if any, the person poses to other individuals or society;
174.8 	(3) if the person is under sentence, whether an expungement or resentencing to a lesser 
174.9 	offense would result in the release of the person and whether release earlier than the date 
174.10 	that the person would be released under the sentence currently being served would present 
174.11 	a danger to the public or would be compatible with the welfare of society;
174.12 	(4) aggravating or mitigating factors relating to the underlying crime, including the 
174.13 	person's level of participation and the context and circumstances of the underlying crime;
174.14 	(5) statements from victims and law enforcement, if any;
174.15 	(6) if an expungement or resentencing the person to a lesser offense is considered, 
174.16 	whether there is good cause to restore the person's right to possess firearms and ammunition;
174.17 	(7) if an expungement is considered, whether an expunged record of a conviction or stay 
174.18 	of adjudication may be opened for purposes of a background study under section 245C.08;
174.19 	(8) if an expungement is considered, whether an expunged record of a conviction or stay 
174.20 	of adjudication may be opened for purposes of a background check required under section 
174.21 	122A.18, subdivision 8; and
174.22 	(9) other factors deemed relevant by the Cannabis Expungement Board.
174.23 	(g) The affirmative vote of three members is required for action taken at any meeting.
174.24 		Subd. 7.Notice to judicial branch and offenders. (a) The Cannabis Expungement 
174.25 	Board shall identify any conviction or stay of adjudication that qualifies for an order of 
174.26 	expungement or resentencing to a lesser offense and notify the judicial branch of:
174.27 	(1) the name and date of birth of a person whose conviction or stay of adjudication is 
174.28 	eligible for an order of expungement or resentencing to a lesser offense;
174.29 	(2) the case number of the eligible conviction or stay of adjudication;
174.30 	(3) whether the person is eligible for an expungement;
175.1 	(4) if the person is eligible for an expungement, whether the person's conviction should 
175.2 	be vacated and charges should be dismissed;
175.3 	(5) if the person is eligible for an expungement, whether there is good cause to restore 
175.4 	the offender's right to possess firearms and ammunition;
175.5 	(6) if the person is eligible for an expungement, whether the limitations under section 
175.6 	609A.03, subdivision 7a, clause (4) or (5), apply; and
175.7 	(7) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be 
175.8 	imposed.
175.9 	(b) The Cannabis Expungement Board shall make a reasonable and good faith effort to 
175.10 	notify any person whose conviction or stay of adjudication qualifies for an order of 
175.11 	expungement that the offense qualifies and notice is being sent to the judicial branch. Notice 
175.12 	sent pursuant to this paragraph shall inform the person that, following the order of 
175.13 	expungement, any records of an arrest, conviction, or incarceration should not appear on 
175.14 	any background check or study.
175.15 		Subd. 8.Data classification. All data collected, created, received, maintained, or 
175.16 	disseminated by the Cannabis Expungement Board in which each victim of a crime and 
175.17 	person whose conviction or stay of adjudication that the Cannabis Expungement Board 
175.18 	reviews is or can be identified as the subject of the data is classified as private data on 
175.19 	individuals, as defined by section 13.02, subdivision 12.
175.20 		Subd. 9.Order of expungement. (a) Upon receiving notice that an offense qualifies 
175.21 	for expungement, the court shall issue an order sealing all records relating to an arrest, 
175.22 	indictment or information, trial, verdict, or dismissal and discharge for an offense described 
175.23 	in subdivision 1. If the Cannabis Expungement Board determined that the person's conviction 
175.24 	should be vacated and charges should be dismissed, the order shall vacate and dismiss the 
175.25 	charges.
175.26 	(b) If the Cannabis Expungement Board determined that there is good cause to restore 
175.27 	the person's right to possess firearms and ammunition, the court shall issue an order pursuant 
175.28 	to section 609.165, subdivision 1d.
175.29 	(c) If the Cannabis Expungement Board determined that an expunged record of a 
175.30 	conviction or stay of adjudication may not be opened for purposes of a background study 
175.31 	under section 245C.08, the court shall direct the order specifically to the commissioner of 
175.32 	human services.
176.1 	(d) If the Cannabis Expungement Board determined that an expunged record of a 
176.2 	conviction or stay of adjudication may not be opened for purposes of a background check 
176.3 	required under section 122A.18, subdivision 8, the court shall direct the order specifically 
176.4 	to the Professional Educator Licensing and Standards Board.
176.5 	(e) The court administrator shall send a copy of an expungement order issued under this 
176.6 	section to each agency and jurisdiction whose records are affected by the terms of the order 
176.7 	and send a letter to the last known address of the person whose offense has been expunged 
176.8 	identifying each agency to which the order was sent.
176.9 	(f) Data on the person whose offense has been expunged in a letter sent under this 
176.10 	subdivision are private data on individuals as defined in section 13.02.
176.11 		Subd. 10.Resentencing. (a) If the Cannabis Expungement Board determined that a 
176.12 	person is eligible for resentencing to a lesser offense and the person is currently under 
176.13 	sentence, the court shall proceed as if the appellate court directed a reduction of the conviction 
176.14 	to an offense of lesser degree pursuant to rule 28.02, subdivision 12 of the Rules of Criminal 
176.15 	Procedure.
176.16 	(b) If the Cannabis Expungement Board determined that a person is eligible for 
176.17 	resentencing to a lesser offense and the person completed or has been discharged from the 
176.18 	sentence, the court may issue an order amending the conviction to an offense of lesser degree 
176.19 	without holding a hearing.
176.20 	(c) If the Cannabis Expungement Board determined that there is good cause to restore 
176.21 	the person's right to possess firearms and ammunition, the court shall, as necessary, issue 
176.22 	an order pursuant to section 609.165, subdivision 1d.

176.23 	EFFECTIVE DATE. This section is effective August 1, 2023.

176.24 	ARTICLE 6
176.25 	MISCELLANEOUS PROVISIONS

176.26 	Section 1. [3.9224] MEDICAL CANNABIS; COMPACTS TO BE NEGOTIATED.
176.27 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
176.28 	meanings given.
176.29 	(b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or 
176.30 	community of Indians located within the geographical boundaries of the state of Minnesota.
176.31 	(c) "Medical cannabinoid product" has the meaning given in section 342.01, subdivision 
176.32 	47.
177.1 	(d) "Medical cannabis flower" has the meaning given in section 342.01, subdivision 49.
177.2 		Subd. 2.Negotiations authorized. Following a public hearing, the governor or the 
177.3 	governor's designated representatives are authorized to negotiate in good faith a compact 
177.4 	with an Indian Tribe regulating medical cannabis flower and medical cannabinoid products. 
177.5 	The attorney general is the legal counsel for the governor or the governor's representatives 
177.6 	in regard to negotiating a compact under this section. If the governor appoints designees to 
177.7 	negotiate under this subdivision, the designees must include at least two members of the 
177.8 	senate and two members of the house of representatives, two of whom must be the chairs 
177.9 	of the senate and house of representatives standing committees with jurisdiction over health 
177.10 	policy.
177.11 		Subd. 3.Terms of compact; rights of parties. (a) A compact agreed to under this 
177.12 	section may address any issues related to medical cannabis flower and medical cannabinoid 
177.13 	products that affect the interests of both the state and Indian Tribe or otherwise have an 
177.14 	impact on Tribal-state relations. At a minimum, a compact agreed to on behalf of the state 
177.15 	under this section must address:
177.16 	(1) the enforcement of criminal and civil laws;
177.17 	(2) the regulation of the commercial production, processing, sale or distribution, and 
177.18 	possession of medical cannabis flower and medical cannabinoid products;
177.19 	(3) medical and pharmaceutical research involving medical cannabis flower and medical 
177.20 	cannabinoid products;
177.21 	(4) the taxation of medical cannabis flower and medical cannabinoid products, including 
177.22 	establishing an appropriate amount and method of revenue sharing;
177.23 	(5) the immunities of an Indian Tribe or preemption of state law regarding the production, 
177.24 	processing, or sale or distribution of medical cannabis flower and medical cannabinoid 
177.25 	products; and
177.26 	(6) the method of resolution for disputes involving the compact, including the use of 
177.27 	mediation or other alternative dispute resolution processes and procedures.
177.28 	(b) In addressing the issues identified under paragraph (a), the governor or the governor's 
177.29 	designated representatives shall only enter into agreements that:
177.30 	(1) provide for the preservation of public health and safety;
177.31 	(2) ensure the security of production, processing, retail, and research facilities on Tribal 
177.32 	land; and
178.1 	(3) establish provisions regulating business involving medical cannabis flower and 
178.2 	medical cannabinoid products that pass between Tribal land and non-Tribal land in the state.
178.3 		Subd. 4.Assessments and charges. Notwithstanding any law to the contrary, any 
178.4 	compact agreed to under this section shall establish all taxes, fees, assessments, and other 
178.5 	charges related to the production, processing, sale or distribution, and possession of medical 
178.6 	cannabis flower and medical cannabinoid products.
178.7 		Subd. 5.Civil and criminal immunities. The following acts, when performed by a 
178.8 	validly licensed medical cannabis retailer or an employee of a medical cannabis retailer 
178.9 	operated by an Indian Tribe pursuant to a compact entered into under this section, do not 
178.10 	constitute a criminal or civil offense under state law:
178.11 	(1) the cultivation of cannabis flower, as defined in section 342.01, subdivision 16;
178.12 	(2) the possession, purchase, and receipt of medical cannabis flower and medical 
178.13 	cannabinoid products that are properly packaged and labeled as authorized under a compact 
178.14 	entered into pursuant to this section; and
178.15 	(3) the delivery, distribution, and sale of medical cannabis flower and medical cannabinoid 
178.16 	products as authorized under a compact entered into pursuant to this section and that takes 
178.17 	place on the premises of a medical cannabis retailer on Tribal land to any person 21 years 
178.18 	of age or older.
178.19 		Subd. 6.Publication; report. (a) The governor shall post any compact entered into 
178.20 	under this section on a publicly accessible website.
178.21 	(b) The governor, the attorney general, and the governor's designated representatives 
178.22 	shall report to the legislative committees having jurisdiction over health, taxation, and 
178.23 	commerce annually. This report shall contain information on compacts negotiated and an 
178.24 	outline of prospective negotiations.

178.25 	Sec. 2. [3.9228] ADULT-USE CANNABIS; COMPACTS TO BE NEGOTIATED.
178.26 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
178.27 	meanings given.
178.28 	(b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or 
178.29 	community of Indians located within the geographical boundaries of the state of Minnesota.
178.30 	(c) "Adult-use cannabinoid product" has the meaning given in section 342.01, subdivision 
178.31 	2.
179.1 	(d) "Adult-use cannabis flower" has the meaning given in section 342.01, subdivision 
179.2 	4.
179.3 		Subd. 2.Negotiations authorized. Following a public hearing, the governor or the 
179.4 	governor's designated representatives are authorized to negotiate in good faith a compact 
179.5 	with an Indian Tribe regulating adult-use cannabis flower and adult-use cannabinoid products. 
179.6 	The attorney general is the legal counsel for the governor or the governor's representatives 
179.7 	in regard to negotiating a compact under this section. If the governor appoints designees to 
179.8 	negotiate under this subdivision, the designees must include at least two members of the 
179.9 	senate and two members of the house of representatives, two of whom must be the chairs 
179.10 	of the senate and house of representatives standing committees with jurisdiction over health 
179.11 	policy.
179.12 		Subd. 3.Terms of compact; rights of parties. (a) A compact agreed to under this 
179.13 	section may address any issues related to adult-use cannabis flower and adult-use cannabinoid 
179.14 	products that affect the interests of both the state and Indian Tribe or otherwise have an 
179.15 	impact on Tribal-state relations. At a minimum, a compact agreed to on behalf of the state 
179.16 	under this section must address:
179.17 	(1) the enforcement of criminal and civil laws;
179.18 	(2) the regulation of the commercial production, processing, sale or distribution, and 
179.19 	possession of adult-use cannabis flower and adult-use cannabinoid products;
179.20 	(3) medical and pharmaceutical research involving adult-use cannabis flower and 
179.21 	adult-use cannabinoid products;
179.22 	(4) the taxation of adult-use cannabis flower and adult-use cannabinoid products, 
179.23 	including establishing an appropriate amount and method of revenue sharing;
179.24 	(5) the immunities of an Indian Tribe or preemption of state law regarding the production, 
179.25 	processing, or sale or distribution of adult-use cannabis flower and adult-use cannabinoid 
179.26 	products; and
179.27 	(6) the method of resolution for disputes involving the compact, including the use of 
179.28 	mediation or other alternative dispute resolution processes and procedures.
179.29 	(b) In addressing the issues identified under paragraph (a), the governor or the governor's 
179.30 	designee shall only enter into agreements that:
179.31 	(1) provide for the preservation of public health and safety;
180.1 	(2) ensure the security of production, processing, retail, and research facilities on Tribal 
180.2 	land; and
180.3 	(3) establish provisions regulating business involving adult-use cannabis flower and 
180.4 	adult-use cannabinoid products that pass between Tribal land and non-Tribal land in the 
180.5 	state.
180.6 		Subd. 4.Assessments and charges. Notwithstanding any law to the contrary, any 
180.7 	compact agreed to under this section shall establish all taxes, fees, assessments, and other 
180.8 	charges related to the production, processing, sale or distribution, and possession of adult-use 
180.9 	cannabis flower and adult-use cannabinoid products.
180.10 		Subd. 5.Civil and criminal immunities. The following acts, when performed by a 
180.11 	validly licensed cannabis retailer or an employee of a cannabis retailer operated by an Indian 
180.12 	Tribe pursuant to a compact entered into under this section, do not constitute a criminal or 
180.13 	civil offense under state law:
180.14 	(1) the cultivation of cannabis flower, as defined in section 342.01, subdivision 16;
180.15 	(2) the possession, purchase, and receipt of adult-use cannabis flower and adult-use 
180.16 	cannabinoid products that are properly packaged and labeled as authorized under a compact 
180.17 	entered into pursuant to this section; and
180.18 	(3) the delivery, distribution, and sale of adult-use cannabis flower and adult-use 
180.19 	cannabinoid products as authorized under a compact entered into pursuant to this section 
180.20 	and that takes place on the premises of a medical cannabis retailer on Tribal land to any 
180.21 	person 21 years of age or older.
180.22 		Subd. 6.Publication; report. (a) The governor shall post any compact entered into 
180.23 	under this section on a publicly accessible website.
180.24 	(b) The governor, the attorney general, and the governor's designee shall report to the 
180.25 	legislative committees having jurisdiction over health, taxation, and commerce annually. 
180.26 	This report shall contain information on compacts negotiated and an outline of prospective 
180.27 	negotiations.

180.28 	Sec. 3. Minnesota Statutes 2022, section 13.411, is amended by adding a subdivision to 
180.29 	read:
180.30 		Subd. 12.Cannabis businesses. Data submitted to the Office of Cannabis Management 
180.31 	for a cannabis business license and data relating to investigations and disciplinary proceedings 
181.1 	involving cannabis businesses licensed by the Office of Cannabis Management are classified 
181.2 	under section 342.18, subdivision 6.

181.3 	Sec. 4. Minnesota Statutes 2022, section 13.871, is amended by adding a subdivision to 
181.4 	read:
181.5 		Subd. 15.Cannabis Expungement Board records. Data collected, created, received, 
181.6 	maintained, or disseminated by the Cannabis Expungement Board are classified under 
181.7 	section 609A.06, subdivision 8.

181.8 	Sec. 5. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read:
181.9 		Subd. 4.Food. "Food" means every ingredient used for, entering into the consumption 
181.10 	of, or used or intended for use in the preparation of food, drink, confectionery, or condiment 
181.11 	for humans or other animals, whether simple, mixed, or compound; and articles used as 
181.12 	components of these ingredients, except that edible cannabinoid products, as defined in 
181.13 	section 151.72, subdivision 1, paragraph (c) 342.01, subdivision 29, are not food.

181.14 	EFFECTIVE DATE. This section is effective July 1, 2024.

181.15 	Sec. 6. [120B.215] EDUCATION ON CANNABIS USE AND SUBSTANCE USE.
181.16 		Subdivision 1.Model program. The commissioner of education, in consultation with 
181.17 	the commissioners of health and human services, local district and school health education 
181.18 	specialists, and other qualified experts, shall identify one or more model programs that may 
181.19 	be used to educate middle school and high school students on the health effects on children 
181.20 	and adolescents of cannabis use and substance use consistent with local standards as required 
181.21 	in section 120B.021, subdivision 1, paragraph (a), clause (6), for elementary and secondary 
181.22 	school students. The commissioner must publish a list of model programs that include 
181.23 	written materials, curriculum resources, and training for instructors by June 1, 2025. A 
181.24 	model program identified by the commissioner must be medically accurate, age and 
181.25 	developmentally appropriate, culturally inclusive, and grounded in science, and must address:
181.26 	(1) the physical and mental health effects of cannabis use and substance use by children 
181.27 	and adolescents, including effects on the developing brains of children and adolescents;
181.28 	(2) unsafe or unhealthy behaviors associated with cannabis use and substance use;
181.29 	(3) signs of substance use disorders;
181.30 	(4) treatment options; and
181.31 	(5) healthy coping strategies for children and adolescents.
182.1 		Subd. 2.School programs. (a) Starting in the 2026-2027 school year, a school district 
182.2 	or charter school must implement a comprehensive education program on cannabis use and 
182.3 	substance use for students in middle school and high school. The program must include 
182.4 	instruction on the topics listed in subdivision 1 and must:
182.5 	(1) respect community values and encourage students to communicate with parents, 
182.6 	guardians, and other trusted adults about cannabis use and substance use; and
182.7 	(2) refer students to local resources where students may obtain medically accurate 
182.8 	information about cannabis use and substance use, and treatment for a substance use disorder.
182.9 	(b) District efforts to develop, implement, or improve instruction or curriculum as a 
182.10 	result of the provisions of this section must be consistent with sections 120B.10 and 120B.11.
182.11 		Subd. 3.Parental review. Notwithstanding any law to the contrary, each school district 
182.12 	shall have a procedure for a parent, a guardian, or an adult student 18 years of age or older 
182.13 	to review the content of the instructional materials to be provided to a minor child or to an 
182.14 	adult student pursuant to this section. The district or charter school must allow a parent or 
182.15 	adult student to opt out of instruction under this section with no academic or other penalty 
182.16 	for the student and must inform parents and adult students of this right to opt out.
182.17 		Subd. 4.Youth council. A school district or charter school may establish one or more 
182.18 	youth councils in which student members of the council receive education and training on 
182.19 	cannabis use and substance use and provide peer-to-peer education on these topics.

182.20 	Sec. 7. [144.196] CANNABIS DATA COLLECTION AND BIENNIAL REPORTS.
182.21 		Subdivision 1.General. The commissioner of health shall engage in research and data 
182.22 	collection activities to measure the prevalence of cannabis flower use and the use of 
182.23 	cannabinoid products in the state by persons under 21 years of age and by persons 21 years 
182.24 	of age or older. In order to collect data, the commissioner may modify existing data collection 
182.25 	tools used by the department or other state agencies or may establish one or more new data 
182.26 	collection tools.
182.27 		Subd. 2.Statewide assessment; baseline data; updates. (a) The commissioner shall 
182.28 	conduct a statewide assessment to establish a baseline for the prevalence of cannabis flower 
182.29 	use and the use of cannabinoid products in the state broken out by:
182.30 	(1) the current age of the customer;
182.31 	(2) the age at which the customer began consuming cannabis flower or cannabinoid 
182.32 	products;
183.1 	(3) whether the customer consumes cannabis flower or cannabinoid products, and by 
183.2 	type of cannabinoid product that the customer consumes, if applicable;
183.3 	(4) the amount of cannabis flower or cannabinoid product typically consumed at one 
183.4 	time;
183.5 	(5) the typical frequency of consumption; and
183.6 	(6) other criteria specified by the commissioner.
183.7 	(b) The initial assessment must be completed by July 1, 2024. The commissioner shall 
183.8 	collect updated data under this subdivision at least every two years thereafter.
183.9 		Subd. 3.Reports. Beginning January 1, 2025, and every two years thereafter, the 
183.10 	commissioner shall issue a public report on the prevalence of cannabis flower use and the 
183.11 	use of cannabinoid products in the state by persons under age 21 and by persons age 21 or 
183.12 	older. The report may include recommendations from the commissioner for changes to this 
183.13 	chapter that would discourage or prevent personal use of cannabis flower or cannabinoid 
183.14 	products by persons under age 21, that would discourage personal use of cannabis flower 
183.15 	or cannabinoid products by pregnant or breastfeeding women, that would prevent access to 
183.16 	cannabis flower or cannabinoid products by young children, or that would otherwise promote 
183.17 	public health.

183.18 	Sec. 8. [144.197] CANNABIS EDUCATION PROGRAMS.
183.19 		Subdivision 1.Youth education. The commissioner of health shall conduct a long-term, 
183.20 	coordinated education program to raise public awareness about and address the top three 
183.21 	adverse health effects, as determined by the commissioner, associated with the use of 
183.22 	cannabis flower or cannabinoid products by persons under age 21. In conducting this 
183.23 	education program, the commissioner shall engage and consult with youth around the state 
183.24 	on program content and on methods to effectively disseminate program information to youth 
183.25 	around the state.
183.26 		Subd. 2.Education for pregnant and breastfeeding women; women who may become 
183.27 	pregnant. The commissioner of health shall conduct a long-term, coordinated program to 
183.28 	educate pregnant women, breastfeeding women, and women who may become pregnant on 
183.29 	the adverse health effects of prenatal exposure to cannabis flower or cannabinoid products 
183.30 	and on the adverse health effects experienced by infants and children who are exposed to 
183.31 	cannabis flower or cannabinoid products in breast milk, from secondhand smoke, or by 
183.32 	ingesting cannabinoid products. This education program must also educate women on what 
184.1 	constitutes a substance use disorder, signs of a substance use disorder, and treatment options 
184.2 	for persons with a substance use disorder.
184.3 		Subd. 3.Home visiting programs. The commissioner of health shall provide training, 
184.4 	technical assistance, and education materials to local public health home visiting programs 
184.5 	and Tribal home visiting programs regarding the safe and unsafe use of cannabis flower or 
184.6 	cannabinoid products in homes with infants and young children. Training, technical 
184.7 	assistance, and education materials shall address substance use, the signs of a substance use 
184.8 	disorder, treatment options for persons with a substance use disorder, the dangers of driving 
184.9 	under the influence of cannabis flower or cannabinoid products, how to safely consume 
184.10 	cannabis flower or cannabinoid products in homes with infants and young children, and 
184.11 	how to prevent infants and young children from being exposed to cannabis flower or 
184.12 	cannabinoid products by ingesting cannabinoid products or through secondhand smoke.

184.13 	Sec. 9. Minnesota Statutes 2022, section 181.938, subdivision 2, is amended to read:
184.14 		Subd. 2.Prohibited practice. (a) An employer may not refuse to hire a job applicant 
184.15 	or discipline or discharge an employee because the applicant or employee engages in or has 
184.16 	engaged in the use or enjoyment of lawful consumable products, if the use or enjoyment 
184.17 	takes place off the premises of the employer during nonworking hours. For purposes of this 
184.18 	section, "lawful consumable products" means products whose use or enjoyment is lawful 
184.19 	and which are consumed during use or enjoyment, and includes food, alcoholic or 
184.20 	nonalcoholic beverages, and tobacco, cannabis flower, as defined in section 342.01, 
184.21 	subdivision 16, and cannabinoid products, as defined in section 342.01, subdivision 12.
184.22 	(b) Cannabis flower and cannabinoid products are lawful consumable products for the 
184.23 	purpose of Minnesota law, regardless of whether federal or other state law considers cannabis 
184.24 	use, possession, impairment, sale, or transfer to be unlawful. Nothing in this section shall 
184.25 	be construed to limit an employer's ability to discipline or discharge an employee for cannabis 
184.26 	flower or cannabinoid product use, possession, impairment, sale, or transfer during working 
184.27 	hours, on work premises, or while operating an employer's vehicle, machinery, or equipment.

184.28 	Sec. 10. Minnesota Statutes 2022, section 181.950, subdivision 2, is amended to read:
184.29 		Subd. 2.Confirmatory test; confirmatory retest. "Confirmatory test" and "confirmatory 
184.30 	retest" mean a drug or alcohol test or cannabis test that uses a method of analysis allowed 
184.31 	under one of the programs listed in section 181.953, subdivision 1.

185.1 	Sec. 11. Minnesota Statutes 2022, section 181.950, subdivision 4, is amended to read:
185.2 		Subd. 4.Drug. "Drug" means a controlled substance as defined in section 152.01, 
185.3 	subdivision 4, but does not include marijuana, tetrahydrocannabinols, cannabis flower as 
185.4 	defined in section 342.01, subdivision 16, or cannabinoid products as defined in section 
185.5 	342.01, subdivision 12.

185.6 	Sec. 12. Minnesota Statutes 2022, section 181.950, subdivision 5, is amended to read:
185.7 		Subd. 5.Drug and alcohol testing. "Drug and alcohol testing," "drug or alcohol testing," 
185.8 	and "drug or alcohol test" mean analysis of a body component sample according to the 
185.9 	standards established under one of the programs listed in section 181.953, subdivision 1, 
185.10 	for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites 
185.11 	in the sample tested. "Drug and alcohol testing," "drug or alcohol testing," and "drug or 
185.12 	alcohol test" do not include cannabis or cannabis testing, unless stated otherwise.

185.13 	Sec. 13. Minnesota Statutes 2022, section 181.950, is amended by adding a subdivision 
185.14 	to read:
185.15 		Subd. 5a.Cannabis testing. "Cannabis testing" means the analysis of a body component 
185.16 	sample according to the standards established under one of the programs listed in section 
185.17 	181.953, subdivision 1, for the purpose of measuring the presence or absence of cannabis 
185.18 	flower, as defined in section 342.01, subdivision 16, cannabinoid products, as defined in 
185.19 	section 342.01, subdivision 12, or cannabis metabolites in the sample tested. The definitions 
185.20 	in this section apply to cannabis testing unless stated otherwise.

185.21 	Sec. 14. Minnesota Statutes 2022, section 181.950, subdivision 8, is amended to read:
185.22 		Subd. 8.Initial screening test. "Initial screening test" means a drug or alcohol test or 
185.23 	cannabis test which uses a method of analysis under one of the programs listed in section 
185.24 	181.953, subdivision 1.

185.25 	Sec. 15. Minnesota Statutes 2022, section 181.950, subdivision 13, is amended to read:
185.26 		Subd. 13.Safety-sensitive position. "Safety-sensitive position" means a job, including 
185.27 	any supervisory or management position, in which an impairment caused by drug or, alcohol, 
185.28 	or cannabis usage would threaten the health or safety of any person.

186.1 	Sec. 16. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision 
186.2 	to read:
186.3 		Subd. 8.Limitations on cannabis testing. (a) An employer must not request or require 
186.4 	a job applicant to undergo cannabis testing or drug and alcohol testing solely for the purpose 
186.5 	of determining the presence or absence of cannabis as a condition of employment unless 
186.6 	otherwise required by state or federal law.
186.7 	(b) Unless otherwise required by state or federal law, an employer must not refuse to 
186.8 	hire a job applicant solely because the job applicant submits to a cannabis test or a drug and 
186.9 	alcohol test authorized by this section and the results of the test indicate the presence of 
186.10 	cannabis.
186.11 	(c) An employer must not request or require an employee or job applicant to undergo 
186.12 	cannabis testing on an arbitrary or capricious basis or on a random selection basis.
186.13 	(d) An employer may request or require an employee to undergo cannabis testing 
186.14 	conducted by a testing laboratory that participates in one of the programs listed in section 
186.15 	181.953, subdivision 1, if the employer has a reasonable suspicion that while the employee 
186.16 	is working or while the employee is on the employer's premises or operating the employer's 
186.17 	vehicle, machinery, or equipment, the employee:
186.18 	(1) as the result of consuming cannabis flower or a cannabinoid product, does not possess 
186.19 	that clearness of intellect and control of self that the employee otherwise would have;
186.20 	(2) has violated the employer's written work rules prohibiting cannabis use, possession, 
186.21 	impairment, sale, or transfer, provided that the work rules for cannabis and cannabis testing 
186.22 	are in writing and in a written policy that contains the minimum information required in 
186.23 	section 181.952; or
186.24 	(3) has sustained a personal injury or has a caused a work-related accident as provided 
186.25 	in subdivision 5, clauses (3) and (4).
186.26 	(e) Cannabis testing authorized under paragraph (d) must comply with the safeguards 
186.27 	for testing employees provided in sections 181.953 and 181.954.

186.28 	Sec. 17. Minnesota Statutes 2022, section 181.951, is amended by adding a subdivision 
186.29 	to read:
186.30 		Subd. 9.Cannabis testing exceptions. For the following positions, cannabis and its 
186.31 	metabolites are considered a drug and subject to the drug and alcohol testing provisions in 
186.32 	sections 181.950 to 181.957:
187.1 	(1) a safety-sensitive position, as defined in section 181.950, subdivision 13;
187.2 	(2) a peace officer position, as defined in section 626.84, subdivision 1;
187.3 	(3) a firefighter position, as defined in section 299N.01, subdivision 3;
187.4 	(4) a position requiring face-to-face care, training, education, supervision, counseling, 
187.5 	consultation, or medical assistance to:
187.6 	(i) children;
187.7 	(ii) vulnerable adults, as defined in section 626.5572, subdivision 21; or
187.8 	(iii) patients who receive health care services from a provider for the treatment, 
187.9 	examination, or emergency care of a medical, psychiatric, or mental condition;
187.10 	(5) a position requiring a commercial driver's license or requiring an employee to operate 
187.11 	a motor vehicle for which state or federal law requires drug or alcohol testing of a job 
187.12 	applicant or an employee;
187.13 	(6) a position of employment funded by a federal grant; or
187.14 	(7) any other position for which state or federal law requires testing of a job applicant 
187.15 	or an employee for cannabis.

187.16 	Sec. 18. Minnesota Statutes 2022, section 181.952, is amended by adding a subdivision 
187.17 	to read:
187.18 		Subd. 3.Cannabis policy. (a) Unless otherwise provided by state or federal law, an 
187.19 	employer is not required to permit or accommodate cannabis flower or cannabinoid product 
187.20 	use, possession, impairment, sale, or transfer while an employee is working or while an 
187.21 	employee is on the employer's premises or operating the employer's vehicle, machinery, or 
187.22 	equipment.
187.23 	(b) An employer may enact and enforce written work rules prohibiting cannabis flower 
187.24 	and cannabinoid product use, possession, impairment, sale, or transfer while an employee 
187.25 	is working or while an employee is on the employer's premises or operating the employer's 
187.26 	vehicle, machinery, or equipment in a written policy that contains the minimum information 
187.27 	required by this section.

188.1 	Sec. 19. Minnesota Statutes 2022, section 181.953, is amended to read:
188.2 	181.953 RELIABILITY AND FAIRNESS SAFEGUARDS.
188.3 		Subdivision 1.Use of licensed, accredited, or certified laboratory required. (a) An 
188.4 	employer who requests or requires an employee or job applicant to undergo drug or alcohol 
188.5 	testing or cannabis testing shall use the services of a testing laboratory that meets one of 
188.6 	the following criteria for drug testing:
188.7 	(1) is certified by the National Institute on Drug Abuse as meeting the mandatory 
188.8 	guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988;
188.9 	(2) is accredited by the College of American Pathologists, 325 Waukegan Road, 
188.10 	Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; 
188.11 	or
188.12 	(3) is licensed to test for drugs by the state of New York, Department of Health, under 
188.13 	Public Health Law, article 5, title V, and rules adopted under that law.
188.14 	(b) For alcohol testing, the laboratory must either be:
188.15 	(1) licensed to test for drugs and alcohol by the state of New York, Department of Health, 
188.16 	under Public Health Law, article 5, title V, and the rules adopted under that law; or
188.17 	(2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, 
188.18 	Illinois, 60093-2750, in the laboratory accreditation program.
188.19 		Subd. 3.Laboratory testing, reporting, and sample retention requirements. A testing 
188.20 	laboratory that is not certified by the National Institute on Drug Abuse according to 
188.21 	subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in 
188.22 	subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that 
188.23 	produced a positive test result on an initial screening test. A laboratory shall disclose to the 
188.24 	employer a written test result report for each sample tested within three working days after 
188.25 	a negative test result on an initial screening test or, when the initial screening test produced 
188.26 	a positive test result, within three working days after a confirmatory test. A test report must 
188.27 	indicate the drugs, alcohol, or drug or alcohol metabolites, or cannabis or cannabis 
188.28 	metabolites tested for and whether the test produced negative or positive test results. A 
188.29 	laboratory shall retain and properly store for at least six months all samples that produced 
188.30 	a positive test result.
188.31 		Subd. 4.Prohibitions on employers. An employer may not conduct drug or alcohol 
188.32 	testing or cannabis testing of its own employees and job applicants using a testing laboratory 
188.33 	owned and operated by the employer; except that, one agency of the state may test the 
189.1 	employees of another agency of the state. Except as provided in subdivision 9, an employer 
189.2 	may not request or require an employee or job applicant to contribute to, or pay the cost of, 
189.3 	drug or alcohol testing or cannabis testing under sections 181.950 to 181.954.
189.4 		Subd. 5.Employer chain-of-custody procedures. An employer shall establish its own 
189.5 	reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, 
189.6 	and identification of the samples to be tested. The procedures must require the following:
189.7 	(1) possession of a sample must be traceable to the employee from whom the sample is 
189.8 	collected, from the time the sample is collected through the time the sample is delivered to 
189.9 	the laboratory;
189.10 	(2) the sample must always be in the possession of, must always be in view of, or must 
189.11 	be placed in a secured area by a person authorized to handle the sample;
189.12 	(3) a sample must be accompanied by a written chain-of-custody record; and
189.13 	(4) individuals relinquishing or accepting possession of the sample must record the time 
189.14 	the possession of the sample was transferred and must sign and date the chain-of-custody 
189.15 	record at the time of transfer.
189.16 		Subd. 6.Rights of employees and job applicants. (a) Before requesting an employee 
189.17 	or job applicant to undergo drug or alcohol testing or requesting cannabis testing, an employer 
189.18 	shall provide the employee or job applicant with a form, developed by the employer, on 
189.19 	which to acknowledge that the employee or job applicant has seen the employer's drug and 
189.20 	alcohol testing or cannabis testing policy.
189.21 	(b) If an employee or job applicant tests positive for drug use, the employee must be 
189.22 	given written notice of the right to explain the positive test and the employer may request 
189.23 	that the employee or job applicant indicate any over-the-counter or prescription medication 
189.24 	that the individual is currently taking or has recently taken and any other information relevant 
189.25 	to the reliability of, or explanation for, a positive test result.
189.26 	(c) Within three working days after notice of a positive test result on a confirmatory test, 
189.27 	the employee or job applicant may submit information to the employer, in addition to any 
189.28 	information already submitted under paragraph (b), to explain that result, or may request a 
189.29 	confirmatory retest of the original sample at the employee's or job applicant's own expense 
189.30 	as provided under subdivision 9.
189.31 		Subd. 7.Notice of test results. Within three working days after receipt of a test result 
189.32 	report from the testing laboratory, an employer shall inform in writing an employee or job 
189.33 	applicant who has undergone drug or alcohol testing or cannabis testing of (1) a negative 
190.1 	test result on an initial screening test or of a negative or positive test result on a confirmatory 
190.2 	test and (2) the right provided in subdivision 8. In the case of a positive test result on a 
190.3 	confirmatory test, the employer shall also, at the time of this notice, inform the employee 
190.4 	or job applicant in writing of the rights provided in subdivisions 6, paragraph (b), 9, and 
190.5 	either subdivision 10 or 11, whichever applies.
190.6 		Subd. 8.Right to test result report. An employee or job applicant has the right to 
190.7 	request and receive from the employer a copy of the test result report on any drug or alcohol 
190.8 	test or cannabis test.
190.9 		Subd. 9.Confirmatory retests. An employee or job applicant may request a confirmatory 
190.10 	retest of the original sample at the employee's or job applicant's own expense after notice 
190.11 	of a positive test result on a confirmatory test. Within five working days after notice of the 
190.12 	confirmatory test result, the employee or job applicant shall notify the employer in writing 
190.13 	of the employee's or job applicant's intention to obtain a confirmatory retest. Within three 
190.14 	working days after receipt of the notice, the employer shall notify the original testing 
190.15 	laboratory that the employee or job applicant has requested the laboratory to conduct the 
190.16 	confirmatory retest or transfer the sample to another laboratory licensed under subdivision 
190.17 	1 to conduct the confirmatory retest. The original testing laboratory shall ensure that the 
190.18 	chain-of-custody procedures in subdivision 3 are followed during transfer of the sample to 
190.19 	the other laboratory. The confirmatory retest must use the same drug or, alcohol, or cannabis
190.20 	threshold detection levels as used in the original confirmatory test. If the confirmatory retest 
190.21 	does not confirm the original positive test result, no adverse personnel action based on the 
190.22 	original confirmatory test may be taken against the employee or job applicant.
190.23 		Subd. 10.Limitations on employee discharge, discipline, or discrimination. (a) An 
190.24 	employer may not discharge, discipline, discriminate against, or request or require 
190.25 	rehabilitation of an employee on the basis of a positive test result from an initial screening 
190.26 	test that has not been verified by a confirmatory test.
190.27 	(b) In addition to the limitation under paragraph (a), an employer may not discharge an 
190.28 	employee for whom a positive test result on a confirmatory test was the first such result for 
190.29 	the employee on a drug or alcohol test or cannabis test requested by the employer unless 
190.30 	the following conditions have been met:
190.31 	(1) the employer has first given the employee an opportunity to participate in, at the 
190.32 	employee's own expense or pursuant to coverage under an employee benefit plan, either a 
190.33 	drug or, alcohol, or cannabis counseling or rehabilitation program, whichever is more 
190.34 	appropriate, as determined by the employer after consultation with a certified chemical use 
191.1 	counselor or a physician trained in the diagnosis and treatment of substance use disorder; 
191.2 	and
191.3 	(2) the employee has either refused to participate in the counseling or rehabilitation 
191.4 	program or has failed to successfully complete the program, as evidenced by withdrawal 
191.5 	from the program before its completion or by a positive test result on a confirmatory test 
191.6 	after completion of the program.
191.7 	(c) Notwithstanding paragraph (a), an employer may temporarily suspend the tested 
191.8 	employee or transfer that employee to another position at the same rate of pay pending the 
191.9 	outcome of the confirmatory test and, if requested, the confirmatory retest, provided the 
191.10 	employer believes that it is reasonably necessary to protect the health or safety of the 
191.11 	employee, coemployees, or the public. An employee who has been suspended without pay 
191.12 	must be reinstated with back pay if the outcome of the confirmatory test or requested 
191.13 	confirmatory retest is negative.
191.14 	(d) An employer may not discharge, discipline, discriminate against, or request or require 
191.15 	rehabilitation of an employee on the basis of medical history information revealed to the 
191.16 	employer pursuant to subdivision 6 unless the employee was under an affirmative duty to 
191.17 	provide the information before, upon, or after hire.
191.18 	(e) An employee must be given access to information in the employee's personnel file 
191.19 	relating to positive test result reports and other information acquired in the drug and alcohol 
191.20 	testing process or cannabis testing process and conclusions drawn from and actions taken 
191.21 	based on the reports or other acquired information.
191.22 		Subd. 10a.Additional limitations for cannabis. An employer may discipline, discharge, 
191.23 	or take other adverse personnel action against an employee for cannabis flower or 
191.24 	cannabinoid product use, possession, impairment, sale, or transfer while an employee is 
191.25 	working, on the employer's premises, or operating the employer's vehicle, machinery, or 
191.26 	equipment as follows:
191.27 	(1) if, as the result of consuming cannabis flower or a cannabinoid product, the employee 
191.28 	does not possess that clearness of intellect and control of self that the employee otherwise 
191.29 	would have;
191.30 	(2) if cannabis testing that the employer requested or required pursuant to section 181.951, 
191.31 	subdivision 8, paragraphs (d) and (e), verifies the presence of cannabis following a 
191.32 	confirmatory test;
192.1 	(3) as provided in the employer's written work rules for cannabis and cannabis testing, 
192.2 	provided that the rules are in writing and in a written policy that contains the minimum 
192.3 	information required by section 181.952; or
192.4 	(4) as otherwise authorized under state or federal law.
192.5 		Subd. 11.Limitation on withdrawal of job offer. If a job applicant has received a job 
192.6 	offer made contingent on the applicant passing drug and alcohol testing, the employer may 
192.7 	not withdraw the offer based on a positive test result from an initial screening test that has 
192.8 	not been verified by a confirmatory test.

192.9 	Sec. 20. Minnesota Statutes 2022, section 181.954, is amended to read:
192.10 	181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS.
192.11 		Subdivision 1.Privacy limitations. A laboratory may only disclose to the employer test 
192.12 	result data regarding the presence or absence of drugs, alcohol, or their metabolites in a 
192.13 	sample tested.
192.14 		Subd. 2.Confidentiality limitations. Test result reports and other information acquired 
192.15 	in the drug or alcohol testing or cannabis testing process are, with respect to private sector 
192.16 	employees and job applicants, private and confidential information, and, with respect to 
192.17 	public sector employees and job applicants, private data on individuals as that phrase is 
192.18 	defined in chapter 13, and may not be disclosed by an employer or laboratory to another 
192.19 	employer or to a third-party individual, governmental agency, or private organization without 
192.20 	the written consent of the employee or job applicant tested.
192.21 		Subd. 3.Exceptions to privacy and confidentiality disclosure 
192.22 	limitations. Notwithstanding subdivisions 1 and 2, evidence of a positive test result on a 
192.23 	confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective 
192.24 	bargaining agreement, an administrative hearing under chapter 43A or other applicable state 
192.25 	or local law, or a judicial proceeding, provided that information is relevant to the hearing 
192.26 	or proceeding; (2) disclosed to any federal agency or other unit of the United States 
192.27 	government as required under federal law, regulation, or order, or in accordance with 
192.28 	compliance requirements of a federal government contract; and (3) disclosed to a substance 
192.29 	abuse treatment facility for the purpose of evaluation or treatment of the employee.
192.30 		Subd. 4.Privilege. Positive test results from an employer drug or alcohol testing or 
192.31 	cannabis testing program may not be used as evidence in a criminal action against the 
192.32 	employee or job applicant tested.

193.1 	Sec. 21. Minnesota Statutes 2022, section 181.955, is amended to read:
193.2 	181.955 CONSTRUCTION.
193.3 		Subdivision 1.Freedom to collectively bargain. Sections 181.950 to 181.954 shall not 
193.4 	be construed to limit the parties to a collective bargaining agreement from bargaining and 
193.5 	agreeing with respect to a drug and alcohol testing or a cannabis testing policy that meets 
193.6 	or exceeds, and does not otherwise conflict with, the minimum standards and requirements 
193.7 	for employee protection provided in those sections.
193.8 		Subd. 2.Employee protections under existing collective bargaining 
193.9 	agreements. Sections 181.950 to 181.954 shall not be construed to interfere with or diminish 
193.10 	any employee protections relating to drug and alcohol testing or cannabis testing already 
193.11 	provided under collective bargaining agreements in effect on the effective date of those 
193.12 	sections that exceed the minimum standards and requirements for employee protection 
193.13 	provided in those sections.
193.14 		Subd. 3.Professional athletes. Sections 181.950 to 181.954 shall not be construed to 
193.15 	interfere with the operation of a drug and alcohol testing or cannabis testing program if:
193.16 	(1) the drug and alcohol testing program is permitted under a contract between the 
193.17 	employer and employees; and
193.18 	(2) the covered employees are employed as professional athletes.
193.19 	Upon request of the commissioner of labor and industry, the exclusive representative 
193.20 	of the employees and the employer shall certify to the commissioner of labor and industry 
193.21 	that the drug and alcohol testing or cannabis testing program permitted under the contract 
193.22 	should operate without interference from the sections specified in this subdivision. This 
193.23 	subdivision must not be construed to create an exemption from controlled substance crimes 
193.24 	in chapter 152.

193.25 	Sec. 22. Minnesota Statutes 2022, section 181.957, subdivision 1, is amended to read:
193.26 		Subdivision 1.Excluded employees and job applicants. Except as provided under 
193.27 	subdivision 2, the employee and job applicant protections provided under sections 181.950
193.28 	to 181.956 do not apply to employees and job applicants where the specific work performed 
193.29 	requires those employees and job applicants to be subject to drug and alcohol testing pursuant 
193.30 	to:
193.31 	(1) federal regulations that specifically preempt state regulation of drug and alcohol 
193.32 	testing or cannabis testing with respect to those employees and job applicants;
194.1 	(2) federal regulations or requirements necessary to operate federally regulated facilities;
194.2 	(3) federal contracts where the drug and alcohol testing or cannabis testing is conducted 
194.3 	for security, safety, or protection of sensitive or proprietary data; or
194.4 	(4) state agency rules that adopt federal regulations applicable to the interstate component 
194.5 	of a federally regulated industry, and the adoption of those rules is for the purpose of 
194.6 	conforming the nonfederally regulated intrastate component of the industry to identical 
194.7 	regulation.

194.8 	Sec. 23. Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read:
194.9 		Subdivision 1.Background studies conducted by Department of Human Services. (a) 
194.10 	For a background study conducted by the Department of Human Services, the commissioner 
194.11 	shall review:
194.12 	(1) information related to names of substantiated perpetrators of maltreatment of 
194.13 	vulnerable adults that has been received by the commissioner as required under section 
194.14 	626.557, subdivision 9c, paragraph (j);
194.15 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
194.16 	programs, and from findings of maltreatment of minors as indicated through the social 
194.17 	service information system;
194.18 	(3) information from juvenile courts as required in subdivision 4 for individuals listed 
194.19 	in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
194.20 	(4) information from the Bureau of Criminal Apprehension, including information 
194.21 	regarding a background study subject's registration in Minnesota as a predatory offender 
194.22 	under section 243.166;
194.23 	(5) except as provided in clause (6), information received as a result of submission of 
194.24 	fingerprints for a national criminal history record check, as defined in section 245C.02, 
194.25 	subdivision 13c, when the commissioner has reasonable cause for a national criminal history 
194.26 	record check as defined under section 245C.02, subdivision 15a, or as required under section 
194.27 	144.057, subdivision 1, clause (2);
194.28 	(6) for a background study related to a child foster family setting application for licensure, 
194.29 	foster residence settings, children's residential facilities, a transfer of permanent legal and 
194.30 	physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a 
194.31 	background study required for family child care, certified license-exempt child care, child 
195.1 	care centers, and legal nonlicensed child care authorized under chapter 119B, the 
195.2 	commissioner shall also review:
195.3 	(i) information from the child abuse and neglect registry for any state in which the 
195.4 	background study subject has resided for the past five years;
195.5 	(ii) when the background study subject is 18 years of age or older, or a minor under 
195.6 	section 245C.05, subdivision 5a, paragraph (c), information received following submission 
195.7 	of fingerprints for a national criminal history record check; and
195.8 	(iii) when the background study subject is 18 years of age or older or a minor under 
195.9 	section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified 
195.10 	license-exempt child care, licensed child care centers, and legal nonlicensed child care 
195.11 	authorized under chapter 119B, information obtained using non-fingerprint-based data 
195.12 	including information from the criminal and sex offender registries for any state in which 
195.13 	the background study subject resided for the past five years and information from the national 
195.14 	crime information database and the national sex offender registry; and
195.15 	(7) for a background study required for family child care, certified license-exempt child 
195.16 	care centers, licensed child care centers, and legal nonlicensed child care authorized under 
195.17 	chapter 119B, the background study shall also include, to the extent practicable, a name 
195.18 	and date-of-birth search of the National Sex Offender Public website.
195.19 	(b) Except as otherwise provided in this paragraph, notwithstanding expungement by a 
195.20 	court, the commissioner may consider information obtained under paragraph (a), clauses 
195.21 	(3) and (4), unless the commissioner received notice of the petition for expungement and 
195.22 	the court order for expungement is directed specifically to the commissioner. The 
195.23 	commissioner may not consider information obtained under paragraph (a), clauses (3) and 
195.24 	(4), or from any other source that identifies a violation of chapter 152 without determining 
195.25 	if the offense involved the possession of marijuana or tetrahydrocannabinol and, if so, 
195.26 	whether the person received a grant of expungement or order of expungement, or the person 
195.27 	was resentenced to a lesser offense. If the person received a grant of expungement or order 
195.28 	of expungement, the commissioner may not consider information related to that violation 
195.29 	but may consider any other relevant information arising out of the same incident.
195.30 	(c) The commissioner shall also review criminal case information received according 
195.31 	to section 245C.04, subdivision 4a, from the Minnesota court information system that relates 
195.32 	to individuals who have already been studied under this chapter and who remain affiliated 
195.33 	with the agency that initiated the background study.
196.1 	(d) When the commissioner has reasonable cause to believe that the identity of a 
196.2 	background study subject is uncertain, the commissioner may require the subject to provide 
196.3 	a set of classifiable fingerprints for purposes of completing a fingerprint-based record check 
196.4 	with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph 
196.5 	shall not be saved by the commissioner after they have been used to verify the identity of 
196.6 	the background study subject against the particular criminal record in question.
196.7 	(e) The commissioner may inform the entity that initiated a background study under 
196.8 	NETStudy 2.0 of the status of processing of the subject's fingerprints.

196.9 	Sec. 24. Minnesota Statutes 2022, section 256.01, subdivision 18c, is amended to read:
196.10 		Subd. 18c.Drug convictions. (a) The state court administrator shall provide a report 
196.11 	every six months by electronic means to the commissioner of human services, including 
196.12 	the name, address, date of birth, and, if available, driver's license or state identification card 
196.13 	number, date of the sentence, effective date of the sentence, and county in which the 
196.14 	conviction occurred, of each person convicted of a felony under chapter 152, except for 
196.15 	convictions under section 152.0263 or 152.0264, during the previous six months.
196.16 	(b) The commissioner shall determine whether the individuals who are the subject of 
196.17 	the data reported under paragraph (a) are receiving public assistance under chapter 256D 
196.18 	or 256J, and if the an individual is receiving assistance under chapter 256D or 256J, the 
196.19 	commissioner shall instruct the county to proceed under section 256D.024 or 256J.26, 
196.20 	whichever is applicable, for this individual.
196.21 	(c) The commissioner shall not retain any data received under paragraph (a) or (d) that 
196.22 	does not relate to an individual receiving publicly funded assistance under chapter 256D or 
196.23 	256J.
196.24 	(d) In addition to the routine data transfer under paragraph (a), the state court 
196.25 	administrator shall provide a onetime report of the data fields under paragraph (a) for 
196.26 	individuals with a felony drug conviction under chapter 152 dated from July 1, 1997, until 
196.27 	the date of the data transfer. The commissioner shall perform the tasks identified under 
196.28 	paragraph (b) related to this data and shall retain the data according to paragraph (c).

196.29 	Sec. 25. Minnesota Statutes 2022, section 256B.0625, subdivision 13d, is amended to 
196.30 	read:
196.31 		Subd. 13d.Drug formulary. (a) The commissioner shall establish a drug formulary. Its 
196.32 	establishment and publication shall not be subject to the requirements of the Administrative 
197.1 	Procedure Act, but the Formulary Committee shall review and comment on the formulary 
197.2 	contents.
197.3 	(b) The formulary shall not include:
197.4 	(1) drugs, active pharmaceutical ingredients, or products for which there is no federal 
197.5 	funding;
197.6 	(2) over-the-counter drugs, except as provided in subdivision 13;
197.7 	(3) drugs or active pharmaceutical ingredients when used for the treatment of impotence 
197.8 	or erectile dysfunction;
197.9 	(4) drugs or active pharmaceutical ingredients for which medical value has not been 
197.10 	established;
197.11 	(5) drugs from manufacturers who have not signed a rebate agreement with the 
197.12 	Department of Health and Human Services pursuant to section 1927 of title XIX of the 
197.13 	Social Security Act; and
197.14 	(6) medical cannabis flower as defined in section 152.22, subdivision 6 342.01, 
197.15 	subdivision 49, or medical cannabinoid products as defined in section 342.01, subdivision 
197.16 	47.
197.17 	(c) If a single-source drug used by at least two percent of the fee-for-service medical 
197.18 	assistance recipients is removed from the formulary due to the failure of the manufacturer 
197.19 	to sign a rebate agreement with the Department of Health and Human Services, the 
197.20 	commissioner shall notify prescribing practitioners within 30 days of receiving notification 
197.21 	from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was 
197.22 	not signed.

197.23 	Sec. 26. Minnesota Statutes 2022, section 256D.024, subdivision 1, is amended to read:
197.24 		Subdivision 1.Person convicted of drug offenses. (a) If an applicant or recipient has 
197.25 	been convicted of a drug offense after July 1, 1997, except for convictions related to cannabis, 
197.26 	marijuana, or tetrahydrocannabinols, the assistance unit is ineligible for benefits under this 
197.27 	chapter until five years after the applicant has completed terms of the court-ordered sentence, 
197.28 	unless the person is participating in a drug treatment program, has successfully completed 
197.29 	a drug treatment program, or has been assessed by the county and determined not to be in 
197.30 	need of a drug treatment program. Persons subject to the limitations of this subdivision who 
197.31 	become eligible for assistance under this chapter shall be subject to random drug testing as 
198.1 	a condition of continued eligibility and shall lose eligibility for benefits for five years 
198.2 	beginning the month following:
198.3 	(1) any positive test result for an illegal controlled substance under chapter 152; or
198.4 	(2) discharge of sentence after conviction for another drug felony.
198.5 	(b) For the purposes of this subdivision, "drug offense" means a conviction that occurred 
198.6 	after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, or 152.096. Drug 
198.7 	offense also means a conviction in another jurisdiction of the possession, use, or distribution 
198.8 	of a controlled substance, or conspiracy to commit any of these offenses, if the offense 
198.9 	occurred after July 1, 1997, and the conviction is a felony offense in that jurisdiction, or in 
198.10 	the case of New Jersey, a high misdemeanor for a crime that would be a felony if committed 
198.11 	in Minnesota.

198.12 	Sec. 27. Minnesota Statutes 2022, section 256D.024, subdivision 3, is amended to read:
198.13 		Subd. 3.Fleeing felons. An individual who is fleeing to avoid prosecution, or custody, 
198.14 	or confinement after conviction for a crime that is a felony under the laws of the jurisdiction 
198.15 	from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would 
198.16 	be a felony if committed in Minnesota, is ineligible to receive benefits under this chapter.

198.17 	Sec. 28. Minnesota Statutes 2022, section 256J.26, subdivision 1, is amended to read:
198.18 		Subdivision 1.Person convicted of drug offenses. (a) An individual who has been 
198.19 	convicted of a felony level drug offense committed during the previous ten years from the 
198.20 	date of application or recertification, except for convictions related to cannabis, marijuana, 
198.21 	or tetrahydrocannabinols, is subject to the following:
198.22 	(1) Benefits for the entire assistance unit must be paid in vendor form for shelter and 
198.23 	utilities during any time the applicant is part of the assistance unit.
198.24 	(2) The convicted applicant or participant shall be subject to random drug testing as a 
198.25 	condition of continued eligibility and following any positive test for an illegal controlled 
198.26 	substance under chapter 152 is subject to the following sanctions:
198.27 	(i) for failing a drug test the first time, the residual amount of the participant's grant after 
198.28 	making vendor payments for shelter and utility costs, if any, must be reduced by an amount 
198.29 	equal to 30 percent of the MFIP standard of need for an assistance unit of the same size. 
198.30 	When a sanction under this subdivision is in effect, the job counselor must attempt to meet 
198.31 	with the person face-to-face. During the face-to-face meeting, the job counselor must explain 
198.32 	the consequences of a subsequent drug test failure and inform the participant of the right to 
199.1 	appeal the sanction under section 256J.40. If a face-to-face meeting is not possible, the 
199.2 	county agency must send the participant a notice of adverse action as provided in section 
199.3 	256J.31, subdivisions 4 and 5, and must include the information required in the face-to-face 
199.4 	meeting; or
199.5 	(ii) for failing a drug test two times, the participant is permanently disqualified from 
199.6 	receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP 
199.7 	grant must be reduced by the amount which would have otherwise been made available to 
199.8 	the disqualified participant. Disqualification under this item does not make a participant 
199.9 	ineligible for the Supplemental Nutrition Assistance Program (SNAP). Before a 
199.10 	disqualification under this provision is imposed, the job counselor must attempt to meet 
199.11 	with the participant face-to-face. During the face-to-face meeting, the job counselor must 
199.12 	identify other resources that may be available to the participant to meet the needs of the 
199.13 	family and inform the participant of the right to appeal the disqualification under section 
199.14 	256J.40. If a face-to-face meeting is not possible, the county agency must send the participant 
199.15 	a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must 
199.16 	include the information required in the face-to-face meeting.
199.17 	(3) A participant who fails a drug test the first time and is under a sanction due to other 
199.18 	MFIP program requirements is considered to have more than one occurrence of 
199.19 	noncompliance and is subject to the applicable level of sanction as specified under section 
199.20 	256J.46, subdivision 1, paragraph (d).
199.21 	(b) Applicants requesting only SNAP benefits or participants receiving only SNAP 
199.22 	benefits, who have been convicted of a drug offense that occurred after July 1, 1997, except 
199.23 	for convictions related to cannabis, marijuana, or tetrahydrocannabinols, may, if otherwise 
199.24 	eligible, receive SNAP benefits if the convicted applicant or participant is subject to random 
199.25 	drug testing as a condition of continued eligibility. Following a positive test for an illegal 
199.26 	controlled substance under chapter 152, the applicant is subject to the following sanctions:
199.27 	(1) for failing a drug test the first time, SNAP benefits shall be reduced by an amount 
199.28 	equal to 30 percent of the applicable SNAP benefit allotment. When a sanction under this 
199.29 	clause is in effect, a job counselor must attempt to meet with the person face-to-face. During 
199.30 	the face-to-face meeting, a job counselor must explain the consequences of a subsequent 
199.31 	drug test failure and inform the participant of the right to appeal the sanction under section 
199.32 	256J.40. If a face-to-face meeting is not possible, a county agency must send the participant 
199.33 	a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5, and must 
199.34 	include the information required in the face-to-face meeting; and
200.1 	(2) for failing a drug test two times, the participant is permanently disqualified from 
200.2 	receiving SNAP benefits. Before a disqualification under this provision is imposed, a job 
200.3 	counselor must attempt to meet with the participant face-to-face. During the face-to-face 
200.4 	meeting, the job counselor must identify other resources that may be available to the 
200.5 	participant to meet the needs of the family and inform the participant of the right to appeal 
200.6 	the disqualification under section 256J.40. If a face-to-face meeting is not possible, a county 
200.7 	agency must send the participant a notice of adverse action as provided in section 256J.31, 
200.8 	subdivisions 4 and 5, and must include the information required in the face-to-face meeting.
200.9 	(c) For the purposes of this subdivision, "drug offense" means an offense that occurred 
200.10 	during the previous ten years from the date of application or recertification of sections 
200.11 	152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense also means a 
200.12 	conviction in another jurisdiction of the possession, use, or distribution of a controlled 
200.13 	substance, or conspiracy to commit any of these offenses, if the offense occurred during 
200.14 	the previous ten years from the date of application or recertification and the conviction is 
200.15 	a felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor for 
200.16 	a crime that would be a felony if committed in Minnesota.

200.17 	Sec. 29. Minnesota Statutes 2022, section 256J.26, subdivision 3, is amended to read:
200.18 		Subd. 3.Fleeing felons. An individual who is fleeing to avoid prosecution, or custody, 
200.19 	or confinement after conviction for a crime that is a felony under the laws of the jurisdiction 
200.20 	from which the individual flees, or in the case of New Jersey, is a high misdemeanor, would 
200.21 	be a felony if committed in Minnesota, is disqualified from receiving MFIP.

200.22 	Sec. 30. [340A.4022] RETAIL LICENSE NOT PROHIBITED; LOWER POTENCY 
200.23 	EDIBLE PRODUCTS.
200.24 	(a) Nothing in this chapter:
200.25 	(1) prohibits the issuance of a retail license or permit to a person also holding a lower 
200.26 	potency edible product retailer license;
200.27 	(2) allows any agreement between a licensing authority and retail license or permit holder 
200.28 	that prohibits the license or permit holder from also holding a lower potency edible product 
200.29 	retailer license; or
200.30 	(3) allows the revocation or suspension of a retail license or permit, or the imposition 
200.31 	of a penalty on a retail license or permit holder, due to the retail license or permit holder 
200.32 	also holding a lower potency edible product retailer license.
201.1 	(b) For purposes of this section, "lower potency edible product retailer license" means 
201.2 	a license issued by the Office of Cannabis Management under section 342.40.

201.3 	Sec. 31. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read:
201.4 		Subd. 14.Exclusive liquor stores. (a) Except as otherwise provided in this subdivision, 
201.5 	an exclusive liquor store may sell only the following items:
201.6 	(1) alcoholic beverages;
201.7 	(2) tobacco products;
201.8 	(3) ice;
201.9 	(4) beverages, either liquid or powder, specifically designated for mixing with intoxicating 
201.10 	liquor;
201.11 	(5) soft drinks;
201.12 	(6) liqueur-filled candies;
201.13 	(7) food products that contain more than one-half of one percent alcohol by volume;
201.14 	(8) cork extraction devices;
201.15 	(9) books and videos on the use of alcoholic beverages;
201.16 	(10) magazines and other publications published primarily for information and education 
201.17 	on alcoholic beverages;
201.18 	(11) multiple-use bags designed to carry purchased items;
201.19 	(12) devices designed to ensure safe storage and monitoring of alcohol in the home, to 
201.20 	prevent access by underage drinkers;
201.21 	(13) home brewing equipment;
201.22 	(14) clothing marked with the specific name, brand, or identifying logo of the exclusive 
201.23 	liquor store, and bearing no other name, brand, or identifying logo;
201.24 	(15) citrus fruit; and
201.25 	(16) glassware.; and
201.26 	(17) lower potency edible products as defined in section 342.01, subdivision 45.
201.27 	(b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale 
201.28 	license may sell food for on-premise consumption when authorized by the municipality 
201.29 	issuing the license.
202.1 	(c) An exclusive liquor store may offer live or recorded entertainment.

202.2 	EFFECTIVE DATE. This section is effective July 1, 2024.

202.3 	Sec. 32. Minnesota Statutes 2022, section 609B.425, subdivision 2, is amended to read:
202.4 		Subd. 2.Benefit eligibility. (a) A person convicted of a drug offense after July 1, 1997, 
202.5 	except for convictions related to cannabis, marijuana, or tetrahydrocannabinols, is ineligible 
202.6 	for general assistance benefits and Supplemental Security Income under chapter 256D until:
202.7 	(1) five years after completing the terms of a court-ordered sentence; or
202.8 	(2) unless the person is participating in a drug treatment program, has successfully 
202.9 	completed a program, or has been determined not to be in need of a drug treatment program.
202.10 	(b) A person who becomes eligible for assistance under chapter 256D is subject to 
202.11 	random drug testing and shall lose eligibility for benefits for five years beginning the month 
202.12 	following:
202.13 	(1) any positive test for an illegal controlled substance under chapter 152; or
202.14 	(2) discharge of sentence for conviction of another drug felony.
202.15 	(c) Parole violators and fleeing felons are ineligible for benefits and persons fraudulently 
202.16 	misrepresenting eligibility are also ineligible to receive benefits for ten years.

202.17 	Sec. 33. Minnesota Statutes 2022, section 609B.435, subdivision 2, is amended to read:
202.18 		Subd. 2.Drug offenders; random testing; sanctions. A person who is an applicant for 
202.19 	benefits from the Minnesota family investment program or MFIP, the vehicle for temporary 
202.20 	assistance for needy families or TANF, and who has been convicted of a drug offense, 
202.21 	except for convictions related to cannabis, marijuana, or tetrahydrocannabinols, shall be 
202.22 	subject to certain conditions, including random drug testing, in order to receive MFIP 
202.23 	benefits. Following any positive test for a controlled substance under chapter 152, the 
202.24 	convicted applicant or participant is subject to the following sanctions:
202.25 	(1) a first time drug test failure results in a reduction of benefits in an amount equal to 
202.26 	30 percent of the MFIP standard of need; and
202.27 	(2) a second time drug test failure results in permanent disqualification from receiving 
202.28 	MFIP assistance.
202.29 	A similar disqualification sequence occurs if the applicant is receiving Supplemental Nutrition 
202.30 	Assistance Program (SNAP) benefits.

203.1 	Sec. 34. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision 
203.2 	to read:
203.3 		Subd. 13.Adult-use cannabis flower. "Adult-use cannabis flower" has the meaning 
203.4 	given in section 342.01, subdivision 4.

203.5 	Sec. 35. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision 
203.6 	to read:
203.7 		Subd. 14.Adult-use cannabinoid product. "Adult-use cannabis product" has the 
203.8 	meaning given in section 342.01, subdivision 2.

203.9 	Sec. 36. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision 
203.10 	to read:
203.11 		Subd. 15.Medical cannabis flower. "Medical cannabis flower" has the meaning given 
203.12 	in section 342.01, subdivision 49.

203.13 	Sec. 37. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision 
203.14 	to read:
203.15 		Subd. 16.Medical cannabinoid product. "Medical cannabinoid product" has the 
203.16 	meaning given in section 342.01, subdivision 47.

203.17 	Sec. 38. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision 
203.18 	to read:
203.19 		Subd. 17.Patient. "Patient" has the meaning given in section 342.01, subdivision 54.

203.20 	Sec. 39. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision 
203.21 	to read:
203.22 		Subd. 18.Qualifying medical condition. "Qualifying medical condition" has the meaning 
203.23 	given in section 342.01, subdivision 56.

203.24 	Sec. 40. Minnesota Statutes 2022, section 624.712, is amended by adding a subdivision 
203.25 	to read:
203.26 		Subd. 19.Registry or registry program. "Registry" or "registry program" has the 
203.27 	meaning given in section 342.01, subdivision 58.

204.1 	Sec. 41. Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read:
204.2 		Subdivision 1.Ineligible persons. The following persons shall not be entitled to possess 
204.3 	ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause 
204.4 	(1), any other firearm:
204.5 	(1) a person under the age of 18 years except that a person under 18 may possess 
204.6 	ammunition designed for use in a firearm that the person may lawfully possess and may 
204.7 	carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual 
204.8 	presence or under the direct supervision of the person's parent or guardian, (ii) for the 
204.9 	purpose of military drill under the auspices of a legally recognized military organization 
204.10 	and under competent supervision, (iii) for the purpose of instruction, competition, or target 
204.11 	practice on a firing range approved by the chief of police or county sheriff in whose 
204.12 	jurisdiction the range is located and under direct supervision; or (iv) if the person has 
204.13 	successfully completed a course designed to teach marksmanship and safety with a pistol 
204.14 	or semiautomatic military-style assault weapon and approved by the commissioner of natural 
204.15 	resources;
204.16 	(2) except as otherwise provided in clause (9), a person who has been convicted of, or 
204.17 	adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in 
204.18 	this state or elsewhere, a crime of violence. For purposes of this section, crime of violence 
204.19 	includes crimes in other states or jurisdictions which would have been crimes of violence 
204.20 	as herein defined if they had been committed in this state;
204.21 	(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial 
204.22 	determination that the person is mentally ill, developmentally disabled, or mentally ill and 
204.23 	dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has 
204.24 	ever been found incompetent to stand trial or not guilty by reason of mental illness, unless 
204.25 	the person's ability to possess a firearm and ammunition has been restored under subdivision 
204.26 	4;
204.27 	(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or 
204.28 	gross misdemeanor violation of chapter 152, unless three years have elapsed since the date 
204.29 	of conviction and, during that time, the person has not been convicted of any other such 
204.30 	violation of chapter 152 or a similar law of another state; or a person who is or has ever 
204.31 	been committed by a judicial determination for treatment for the habitual use of a controlled 
204.32 	substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability 
204.33 	to possess a firearm and ammunition has been restored under subdivision 4;
205.1 	(5) a person who has been committed to a treatment facility in Minnesota or elsewhere 
205.2 	by a judicial determination that the person is chemically dependent as defined in section 
205.3 	253B.02, unless the person has completed treatment or the person's ability to possess a 
205.4 	firearm and ammunition has been restored under subdivision 4. Property rights may not be 
205.5 	abated but access may be restricted by the courts;
205.6 	(6) a peace officer who is informally admitted to a treatment facility pursuant to section 
205.7 	253B.04 for chemical dependency, unless the officer possesses a certificate from the head 
205.8 	of the treatment facility discharging or provisionally discharging the officer from the 
205.9 	treatment facility. Property rights may not be abated but access may be restricted by the 
205.10 	courts;
205.11 	(7) a person, including a person under the jurisdiction of the juvenile court, who has 
205.12 	been charged with committing a crime of violence and has been placed in a pretrial diversion 
205.13 	program by the court before disposition, until the person has completed the diversion program 
205.14 	and the charge of committing the crime of violence has been dismissed;
205.15 	(8) except as otherwise provided in clause (9), a person who has been convicted in 
205.16 	another state of committing an offense similar to the offense described in section 609.224, 
205.17 	subdivision 3, against a family or household member or section 609.2242, subdivision 3, 
205.18 	unless three years have elapsed since the date of conviction and, during that time, the person 
205.19 	has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, 
205.20 	subdivision 3, or a similar law of another state;
205.21 	(9) a person who has been convicted in this state or elsewhere of assaulting a family or 
205.22 	household member and who was found by the court to have used a firearm in any way 
205.23 	during commission of the assault is prohibited from possessing any type of firearm or 
205.24 	ammunition for the period determined by the sentencing court;
205.25 	(10) a person who:
205.26 	(i) has been convicted in any court of a crime punishable by imprisonment for a term 
205.27 	exceeding one year;
205.28 	(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution 
205.29 	for a crime or to avoid giving testimony in any criminal proceeding;
205.30 	(iii) is an unlawful user of any controlled substance as defined in chapter 152. The use 
205.31 	of medical cannabis flower or medical cannabinoid products by a patient enrolled in the 
205.32 	registry program or the use of adult-use cannabis flower or adult-use cannabinoid products 
206.1 	by a person 21 years of age or older does not constitute the unlawful use of a controlled 
206.2 	substance under this item;
206.3 	(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as 
206.4 	a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the 
206.5 	public, as defined in section 253B.02;
206.6 	(v) is an alien who is illegally or unlawfully in the United States;
206.7 	(vi) has been discharged from the armed forces of the United States under dishonorable 
206.8 	conditions;
206.9 	(vii) has renounced the person's citizenship having been a citizen of the United States; 
206.10 	or
206.11 	(viii) is disqualified from possessing a firearm under United States Code, title 18, section 
206.12 	922(g)(8) or (9), as amended through March 1, 2014;
206.13 	(11) a person who has been convicted of the following offenses at the gross misdemeanor 
206.14 	level, unless three years have elapsed since the date of conviction and, during that time, the 
206.15 	person has not been convicted of any other violation of these sections: section 609.229
206.16 	(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated 
206.17 	by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); 
206.18 	609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
206.19 	(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified 
206.20 	gross misdemeanor convictions include crimes committed in other states or jurisdictions 
206.21 	which would have been gross misdemeanors if conviction occurred in this state;
206.22 	(12) a person who has been convicted of a violation of section 609.224 if the court 
206.23 	determined that the assault was against a family or household member in accordance with 
206.24 	section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since 
206.25 	the date of conviction and, during that time, the person has not been convicted of another 
206.26 	violation of section 609.224 or a violation of a section listed in clause (11); or
206.27 	(13) a person who is subject to an order for protection as described in section 260C.201, 
206.28 	subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g).
206.29 	A person who issues a certificate pursuant to this section in good faith is not liable for 
206.30 	damages resulting or arising from the actions or misconduct with a firearm or ammunition 
206.31 	committed by the individual who is the subject of the certificate.
206.32 	The prohibition in this subdivision relating to the possession of firearms other than 
206.33 	pistols and semiautomatic military-style assault weapons does not apply retroactively to 
207.1 	persons who are prohibited from possessing a pistol or semiautomatic military-style assault 
207.2 	weapon under this subdivision before August 1, 1994.
207.3 	The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and 
207.4 	ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause 
207.5 	(2), applies only to offenders who are discharged from sentence or court supervision for a 
207.6 	crime of violence on or after August 1, 1993.
207.7 	Participation as a patient in the registry program or use of adult-use cannabis flower or 
207.8 	adult-use cannabinoid products by a person 21 years of age or older does not disqualify the 
207.9 	person from possessing firearms and ammunition under this section.
207.10 	For purposes of this section, "judicial determination" means a court proceeding pursuant 
207.11 	to sections 253B.07 to 253B.09 or a comparable law from another state.

207.12 	Sec. 42. Minnesota Statutes 2022, section 624.714, subdivision 6, is amended to read:
207.13 		Subd. 6.Granting and denial of permits. (a) The sheriff must, within 30 days after the 
207.14 	date of receipt of the application packet described in subdivision 3:
207.15 	(1) issue the permit to carry;
207.16 	(2) deny the application for a permit to carry solely on the grounds that the applicant 
207.17 	failed to qualify under the criteria described in subdivision 2, paragraph (b); or
207.18 	(3) deny the application on the grounds that there exists a substantial likelihood that the 
207.19 	applicant is a danger to self or the public if authorized to carry a pistol under a permit.
207.20 	(b) Failure of the sheriff to notify the applicant of the denial of the application within 
207.21 	30 days after the date of receipt of the application packet constitutes issuance of the permit 
207.22 	to carry and the sheriff must promptly fulfill the requirements under paragraph (c). To deny 
207.23 	the application, the sheriff must provide the applicant with written notification and the 
207.24 	specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including 
207.25 	the source of the factual basis. The sheriff must inform the applicant of the applicant's right 
207.26 	to submit, within 20 business days, any additional documentation relating to the propriety 
207.27 	of the denial. Upon receiving any additional documentation, the sheriff must reconsider the 
207.28 	denial and inform the applicant within 15 business days of the result of the reconsideration. 
207.29 	Any denial after reconsideration must be in the same form and substance as the original 
207.30 	denial and must specifically address any continued deficiencies in light of the additional 
207.31 	documentation submitted by the applicant. The applicant must be informed of the right to 
207.32 	seek de novo review of the denial as provided in subdivision 12.
208.1 	(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to 
208.2 	the applicant by first class mail unless personal delivery has been made. Within five business 
208.3 	days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to 
208.4 	the commissioner for inclusion solely in the database required under subdivision 15, 
208.5 	paragraph (a). The sheriff must transmit the information in a manner and format prescribed 
208.6 	by the commissioner.
208.7 	(d) Within five business days of learning that a permit to carry has been suspended or 
208.8 	revoked, the sheriff must submit information to the commissioner regarding the suspension 
208.9 	or revocation for inclusion solely in the databases required or permitted under subdivision 
208.10 	15.
208.11 	(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application 
208.12 	process if a charge is pending against the applicant that, if resulting in conviction, will 
208.13 	prohibit the applicant from possessing a firearm.
208.14 	(f) A sheriff shall not deny an application for a permit to carry solely because the applicant 
208.15 	is a patient enrolled in the registry program and uses medical cannabis flower or medical 
208.16 	cannabinoid products for a qualifying medical condition or because the person is 21 years 
208.17 	of age or older and uses adult-use cannabis flower or adult-use cannabinoid products.

208.18 	Sec. 43. Minnesota Statutes 2022, section 624.7142, subdivision 1, is amended to read:
208.19 		Subdivision 1.Acts prohibited. A person may not carry a pistol on or about the person's 
208.20 	clothes or person in a public place:
208.21 	(1) when the person is under the influence of a controlled substance, as defined in section 
208.22 	152.01, subdivision 4;
208.23 	(2) when the person is under the influence of a combination of any two or more of the 
208.24 	elements named in clauses (1) and (4);
208.25 	(3) when the person is under the influence of an intoxicating substance as defined in 
208.26 	section 169A.03, subdivision 11a, and the person knows or has reason to know that the 
208.27 	substance has the capacity to cause impairment;
208.28 	(4) when the person is under the influence of alcohol;
208.29 	(5) when the person's alcohol concentration is 0.10 or more; or
208.30 	(6) when the person's alcohol concentration is less than 0.10, but more than 0.04.; or
208.31 	(7) when the person is enrolled as a patient in the registry program, uses medical cannabis 
208.32 	flower or medical cannabinoid products, and knows or has reason to know that the medical 
209.1 	cannabis flower or medical cannabinoid products used by the person has the capacity to 
209.2 	cause impairment.

209.3 	Sec. 44. Minnesota Statutes 2022, section 624.7151, is amended to read:
209.4 	624.7151 STANDARDIZED FORMS.
209.5 	By December 1, 1992, the commissioner shall adopt statewide standards governing the 
209.6 	form and contents, as required by sections 624.7131 to 624.714, of every application for a 
209.7 	pistol transferee permit, pistol transferee permit, report of transfer of a pistol, application 
209.8 	for a permit to carry a pistol, and permit to carry a pistol that is granted or renewed on or 
209.9 	after January 1, 1993.
209.10 	Every application for a pistol transferee permit, pistol transferee permit, report of transfer 
209.11 	of a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is 
209.12 	received, granted, or renewed by a police chief or county sheriff on or after January 1, 1993, 
209.13 	must meet the statewide standards adopted by the commissioner. Notwithstanding the 
209.14 	previous sentence, neither failure of the Department of Public Safety to adopt standards nor 
209.15 	failure of the police chief or county sheriff to meet them shall delay the timely processing 
209.16 	of applications nor invalidate permits issued on other forms meeting the requirements of 
209.17 	sections 624.7131 to 624.714.
209.18 	Any form used for the purpose of approving or disapproving a person from purchasing, 
209.19 	owning, possessing, or carrying a firearm that inquires about the applicant's use of controlled 
209.20 	substances shall specifically authorize a patient in the registry program to refrain from 
209.21 	reporting the use of medical cannabis flower and medical cannabinoid products and shall 
209.22 	specifically authorize a person 21 years of age or older from refraining from reporting the 
209.23 	use of adult-use cannabis flower or adult-use cannabinoid products.

209.24 	Sec. 45. [624.7152] LAWFUL CANNABIS USERS.
209.25 	(a) A person may not be denied the right to purchase, own, possess, or carry a firearm 
209.26 	solely on the basis that the person is a patient in the registry program.
209.27 	(b) A person may not be denied the right to purchase, own, possess, or carry a firearm 
209.28 	solely on the basis that the person is 21 years of age or older and uses adult-use cannabis 
209.29 	flower or adult-use cannabinoid products.
209.30 	(c) A state or local agency may not access a database containing the identities of patients 
209.31 	in the registry program to obtain information for the purpose of approving or disapproving 
209.32 	a person from purchasing, owning, possessing, or carrying a firearm.
210.1 	(d) A state or local agency may not use information gathered from a database containing 
210.2 	the identities of patients in the registry program to obtain information for the purpose of 
210.3 	approving or disapproving a person from purchasing, owning, possessing, or carrying a 
210.4 	firearm.
210.5 	(e) A state or local agency may not inquire about a person's status as a patient in the 
210.6 	registry program for the purpose of approving or disapproving the person from purchasing, 
210.7 	owning, possessing, or carrying a firearm.
210.8 	(f) A state or local agency may not inquire about the use of adult-use cannabis flower 
210.9 	or adult-use cannabinoid products by a person 21 years of age or older for the purpose of 
210.10 	approving or disapproving the person from purchasing, owning, possessing, or carrying a 
210.11 	firearm.

210.12 	Sec. 46. REPEALER.
 210.13 	(a) Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500; 
210.14 	4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200; 4770.1300; 
210.15 	4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900; 
210.16 	4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800; 
210.17 	4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008; 
210.18 	4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016; 
210.19 	4770.4017; 4770.4018; and 4770.4030, are repealed.
210.20 	(b) Minnesota Statutes 2022, sections 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 
210.21 	9, 10, 11, 12, 13, and 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, and 4; 
210.22 	152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, and 7; 152.28, subdivisions 1, 2, and 
210.23 	3; 152.29, subdivisions 1, 2, 3, 3a, and 4; 152.30; 152.31; 152.32, subdivisions 1, 2, and 3; 
210.24 	152.33, subdivisions 1, 1a, 2, 3, 4, 5, and 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 
210.25 	3, 4, and 5; and 152.37, are repealed.
210.26 	(c) Minnesota Statutes 2022, section 152.027, subdivisions 3 and 4, are repealed.
210.27 	(d) Minnesota Statutes 2022, section 152.21, is repealed.

210.28 	EFFECTIVE DATE. Paragraphs (a) and (b) are effective January 1, 2024. Paragraph 
210.29 	(c) is effective August 1, 2023. Paragraph (d) is effective July 1, 2023.

211.1 	ARTICLE 7
211.2 	TEMPORARY REGULATION OF CERTAIN PRODUCTS

211.3 	Section 1. Minnesota Statutes 2022, section 34A.01, subdivision 4, is amended to read:
211.4 		Subd. 4.Food. "Food" means every ingredient used for, entering into the consumption 
211.5 	of, or used or intended for use in the preparation of food, drink, confectionery, or condiment 
211.6 	for humans or other animals, whether simple, mixed, or compound; and articles used as 
211.7 	components of these ingredients, except that edible cannabinoid products, as defined in 
211.8 	section 151.72, subdivision 1, paragraph (c) (f), are not food.

211.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

211.10 	Sec. 2. Minnesota Statutes 2022, section 144.99, subdivision 1, is amended to read:
211.11 		Subdivision 1.Remedies available. The provisions of chapters 103I and 157 and sections 
211.12 	115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), 
211.13 	and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385; 
211.14 	144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98; 
211.15 	144.992; 151.72; 152.22 to 152.37; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 
211.16 	327.28 and all rules, orders, stipulation agreements, settlements, compliance agreements, 
211.17 	licenses, registrations, certificates, and permits adopted or issued by the department or under 
211.18 	any other law now in force or later enacted for the preservation of public health may, in 
211.19 	addition to provisions in other statutes, be enforced under this section.

211.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

211.21 	Sec. 3. Minnesota Statutes 2022, section 151.72, is amended to read:
211.22 	151.72 SALE OF CERTAIN CANNABINOID PRODUCTS.
211.23 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have 
211.24 	the meanings given.
211.25 	(a) "Artificially derived cannabinoid" means a cannabinoid extracted from a hemp plant 
211.26 	or hemp plant parts whose chemical makeup is changed after extraction to create a different 
211.27 	cannabinoid or other chemical compound by applying a catalyst other than heat or light. 
211.28 	Artificially derived cannabinoid includes but is not limited to any tetrahydrocannabinol 
211.29 	created from cannabidiol.
211.30 	(b) "Batch" means a specific quantity of a specific product containing cannabinoids 
211.31 	derived from hemp, including an edible cannabinoid product, that is manufactured at the 
212.1 	same time and using the same methods, equipment, and ingredients that is uniform and 
212.2 	intended to meet specifications for identity, strength, purity, and composition, and that is 
212.3 	manufactured, packaged, and labeled according to a single batch production record executed 
212.4 	and documented during the same cycle of manufacture and produced by a continuous 
212.5 	process.
212.6 	(b) (c) "Certified hemp" means hemp plants that have been tested and found to meet the 
212.7 	requirements of chapter 18K and the rules adopted thereunder.
212.8 	(d) "Commissioner" means the commissioner of health.
212.9 	(e) "Distributor" means a person who sells, arranges a sale, or delivers a product 
212.10 	containing cannabinoids derived from hemp, including an edible cannabinoid product, that 
212.11 	the person did not manufacture to a retail establishment for sale to consumers. Distributor 
212.12 	does not include a common carrier used only to complete delivery to a retailer.
212.13 	(c) (f) "Edible cannabinoid product" means any product that is intended to be eaten or 
212.14 	consumed as a beverage by humans, contains a cannabinoid in combination with food 
212.15 	ingredients, and is not a drug.
212.16 	(d) (g) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 
212.17 	3.
212.18 	(e) (h) "Label" has the meaning given in section 151.01, subdivision 18.
212.19 	(f) (i) "Labeling" means all labels and other written, printed, or graphic matter that are:
212.20 	(1) affixed to the immediate container in which a product regulated under this section 
212.21 	is sold;
212.22 	(2) provided, in any manner, with the immediate container, including but not limited to 
212.23 	outer containers, wrappers, package inserts, brochures, or pamphlets; or
212.24 	(3) provided on that portion of a manufacturer's website that is linked by a scannable 
212.25 	barcode or matrix barcode.
212.26 	(g) (j) "Matrix barcode" means a code that stores data in a two-dimensional array of 
212.27 	geometrically shaped dark and light cells capable of being read by the camera on a 
212.28 	smartphone or other mobile device.
212.29 	(h) (k) "Nonintoxicating cannabinoid" means substances extracted from certified hemp 
212.30 	plants that do not produce intoxicating effects when consumed by any route of administration.
212.31 	(l) "Synthetic cannabinoid" means a substance with a similar chemical structure and 
212.32 	pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp 
213.1 	plants, or hemp plant parts and is instead created or produced by chemical or biochemical 
213.2 	synthesis.
213.3 		Subd. 2.Scope. (a) This section applies to the sale of any product that contains 
213.4 	cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended 
213.5 	for human or animal consumption by any route of administration.
213.6 	(b) This section does not apply to any product dispensed by a registered medical cannabis 
213.7 	manufacturer pursuant to sections 152.22 to 152.37.
213.8 	(c) The board commissioner must have no authority over food products, as defined in 
213.9 	section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from 
213.10 	hemp.
213.11 		Subd. 3.Sale of cannabinoids derived from hemp. (a) Notwithstanding any other 
213.12 	section of this chapter, a product containing nonintoxicating cannabinoids, including an 
213.13 	edible cannabinoid product, may be sold for human or animal consumption only if all of 
213.14 	the requirements of this section are met, provided that a product sold for human or animal 
213.15 	consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an 
213.16 	edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that 
213.17 	exceeds the limits established in subdivision 5a, paragraph (f).
213.18 	(b) No other substance extracted or otherwise derived from hemp may be sold for human 
213.19 	consumption if the substance is intended:
213.20 	(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention 
213.21 	of disease in humans or other animals; or
213.22 	(2) to affect the structure or any function of the bodies of humans or other animals.
213.23 	(c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise 
213.24 	derived from hemp may be sold to any individual who is under the age of 21.
213.25 	(d) Products that meet the requirements of this section are not controlled substances 
213.26 	under section 152.02.
213.27 		Subd. 4.Testing requirements. (a) A manufacturer of a product regulated under this 
213.28 	section must submit representative samples of each batch of the product to an independent, 
213.29 	accredited laboratory in order to certify that the product complies with the standards adopted 
213.30 	by the board on or before July 1, 2023, or the standards adopted by the commissioner. 
213.31 	Testing must be consistent with generally accepted industry standards for herbal and botanical 
213.32 	substances, and, at a minimum, the testing must confirm that the product:
214.1 	(1) contains the amount or percentage of cannabinoids that is stated on the label of the 
214.2 	product;
214.3 	(2) does not contain more than trace amounts of any mold, residual solvents or other 
214.4 	catalysts, pesticides, fertilizers, or heavy metals; and
214.5 	(3) does not contain more than 0.3 percent of any tetrahydrocannabinol.
214.6 	(b) A manufacturer of a product regulated under this section must disclose all known 
214.7 	information regarding pesticides, fertilizers, solvents, or other foreign materials applied to 
214.8 	industrial hemp or added to industrial hemp during any production or processing stages of 
214.9 	any batch from which a representative sample has been sent for testing, including any 
214.10 	catalysts used to create artificially derived cannabinoids. Disclosure must be made to the 
214.11 	laboratory performing testing or sampling and, upon request, to the commissioner. Disclosure 
214.12 	must include all information known to the licensee regardless of whether the application or 
214.13 	addition was made intentionally or accidentally, or by the manufacturer or any other person.
214.14 	(b) (c) Upon the request of the board commissioner, the manufacturer of the product 
214.15 	must provide the board commissioner with the results of the testing required in this section.
214.16 	(d) The commissioner may determine that any testing laboratory that does not operate 
214.17 	formal management systems under the International Organization for Standardization is not 
214.18 	an accredited laboratory and require that a representative sample of a batch of the product 
214.19 	be retested by a testing laboratory that meets this requirement.
214.20 	(c) (e) Testing of the hemp from which the nonintoxicating cannabinoid was derived, 
214.21 	or possession of a certificate of analysis for such hemp, does not meet the testing requirements 
214.22 	of this section.
214.23 		Subd. 5.Labeling requirements. (a) A product regulated under this section must bear 
214.24 	a label that contains, at a minimum:
214.25 	(1) the name, location, contact phone number, and website of the manufacturer of the 
214.26 	product;
214.27 	(2) the name and address of the independent, accredited laboratory used by the 
214.28 	manufacturer to test the product; and
214.29 	(3) the batch number; and
214.30 	(3) (4) an accurate statement of the amount or percentage of cannabinoids found in each 
214.31 	unit of the product meant to be consumed.
215.1 	(b) The information in paragraph (a) may be provided on an outer package if the 
215.2 	immediate container that holds the product is too small to contain all of the information.
215.3 	(c) The information required in paragraph (a) may be provided through the use of a 
215.4 	scannable barcode or matrix barcode that links to a page on the manufacturer's website if 
215.5 	that page contains all of the information required by this subdivision.
215.6 	(d) The label must also include a statement stating that the product does not claim to 
215.7 	diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the 
215.8 	United States Food and Drug Administration (FDA) unless the product has been so approved.
215.9 	(e) The information required by this subdivision must be prominently and conspicuously 
215.10 	placed on the label or displayed on the website in terms that can be easily read and understood 
215.11 	by the consumer.
215.12 	(f) The labeling must not contain any claim that the product may be used or is effective 
215.13 	for the prevention, treatment, or cure of a disease or that it may be used to alter the structure 
215.14 	or function of human or animal bodies, unless the claim has been approved by the FDA.
215.15 		Subd. 5a.Additional requirements for edible cannabinoid products. (a) In addition 
215.16 	to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid 
215.17 	must meet the requirements of this subdivision.
215.18 	(b) An edible cannabinoid product must not:
215.19 	(1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, 
215.20 	animal, or fruit that appeals to children;
215.21 	(2) be modeled after a brand of products primarily consumed by or marketed to children;
215.22 	(3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a 
215.23 	commercially available candy or snack food item;
215.24 	(4) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved 
215.25 	by the United States Food and Drug Administration for use in food;
215.26 	(5) be packaged in a way that resembles the trademarked, characteristic, or 
215.27 	product-specialized packaging of any commercially available food product; or
215.28 	(6) be packaged in a container that includes a statement, artwork, or design that could 
215.29 	reasonably mislead any person to believe that the package contains anything other than an 
215.30 	edible cannabinoid product.
215.31 	(c) An edible cannabinoid product must be prepackaged in packaging or a container that 
215.32 	is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is 
216.1 	child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The 
216.2 	requirement that packaging be child-resistant does not apply to an edible cannabinoid product 
216.3 	that is intended to be consumed as a beverage and which contains no more than a trace 
216.4 	amount of any tetrahydrocannabinol total of 0.25 milligrams of all tetrahydrocannabinols.
216.5 	(d) If an edible cannabinoid product is intended for more than a single use or contains 
216.6 	multiple servings, each serving must be indicated by scoring, wrapping, or other indicators 
216.7 	designating the individual serving size that appear on the edible cannabinoid product.
216.8 	(e) A label containing at least the following information must be affixed to the packaging 
216.9 	or container of all edible cannabinoid products sold to consumers:
216.10 	(1) the serving size;
216.11 	(2) the cannabinoid profile per serving and in total;
216.12 	(3) a list of ingredients, including identification of any major food allergens declared 
216.13 	by name; and
216.14 	(4) the following statement: "Keep this product out of reach of children."
216.15 	(f) An edible cannabinoid product must not contain more than five milligrams of any 
216.16 	tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any 
216.17 	tetrahydrocannabinol per package.
216.18 	(g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 
216.19 	tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an 
216.20 	artificially derived cannabinoid. Edible cannabinoid products are prohibited from containing 
216.21 	any other artificially derived cannabinoid, including but not limited to THC-P, THC-O, and 
216.22 	HHC, unless the commissioner authorizes use of the artificially derived cannabinoid in 
216.23 	edible cannabinoid products. Edible cannabinoid products are prohibited from containing 
216.24 	synthetic cannabinoids.
216.25 		Subd. 5b.Registration; prohibitions. (a) On or before October 1, 2023, every person 
216.26 	selling edible cannabinoid products to consumers must apply for registration with the 
216.27 	commissioner in a form and manner established by the commissioner. After October 1, 
216.28 	2023, the sale of edible cannabinoid products by a person that is not registered is prohibited.
216.29 	(b) The commissioner shall approve completed registration applications unless the 
216.30 	applicant is operating in violation of this section or the commissioner reasonably believes 
216.31 	that the applicant will operate in violation of this section.
216.32 	(c) The commissioner shall not charge a fee for registration under this subdivision.
217.1 	(d) A registered retailer shall not:
217.2 	(1) permit the on-site consumption of edible cannabinoid products; or
217.3 	(2) provide free samples of edible cannabinoid products, except that a retailer may 
217.4 	provide a single package of an edible cannabinoid product with the purchase of a childproof 
217.5 	packaging container or other device designed to ensure the safe storage and monitoring of 
217.6 	edible cannabinoid products in the home to prevent access by individuals under 21 years 
217.7 	of age.
217.8 		Subd. 5c.Age verification. (a) Prior to initiating a sale of an edible cannabinoid product, 
217.9 	an employee of a retailer must verify that the customer is at least 21 years of age.
217.10 	(b) Proof of age may be established only by one of the following:
217.11 	(1) a valid driver's license or identification card issued by Minnesota, another state, or 
217.12 	a province of Canada and including the photograph and date of birth of the licensed person;
217.13 	(2) a valid Tribal identification card as defined in section 171.072, paragraph (b);
217.14 	(3) a valid passport issued by the United States;
217.15 	(4) a valid instructional permit issued under section 171.05 to a person of legal age to 
217.16 	purchase edible cannabinoid products, which includes a photograph and the date of birth 
217.17 	of the person issued the permit; or
217.18 	(5) in the case of a foreign national, by a valid passport.
217.19 	(c) A registered retailer may seize a form of identification listed under paragraph (b) if 
217.20 	the registered retailer has reasonable grounds to believe that the form of identification has 
217.21 	been altered or falsified or is being used to violate any law. A registered retailer that seizes 
217.22 	a form of identification as authorized under this paragraph must deliver it to a law 
217.23 	enforcement agency within 24 hours of seizing it.
217.24 		Subd. 6.Noncompliant products; enforcement. (a) A product regulated under this 
217.25 	section, including an edible cannabinoid product, shall be considered an adulterated drug
217.26 	a noncompliant product if the product is offered for sale in this state or if the product is 
217.27 	manufactured, imported, distributed, or stored with the intent to be offered for sale in this 
217.28 	state in violation of any provision of this section, including but not limited to if:
217.29 	(1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance;
217.30 	(2) it has been produced, prepared, packed, or held under unsanitary conditions where 
217.31 	it may have been rendered injurious to health, or where it may have been contaminated with 
217.32 	filth;
218.1 	(3) its container is composed, in whole or in part, of any poisonous or deleterious 
218.2 	substance that may render the contents injurious to health;
218.3 	(4) it contains any food additives, color additives, or excipients that have been found by 
218.4 	the FDA to be unsafe for human or animal consumption;
218.5 	(5) it contains an amount or percentage of nonintoxicating cannabinoids that is different 
218.6 	than the amount or percentage stated on the label;
218.7 	(6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is 
218.8 	an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits 
218.9 	established in subdivision 5a, paragraph (f); or
218.10 	(7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, 
218.11 	or heavy metals.
218.12 	(b) A product regulated under this section shall be considered a misbranded drug
218.13 	noncompliant product if the product's labeling is false or misleading in any manner or in 
218.14 	violation of the requirements of this section.
218.15 	(c) The board's authority to issue cease and desist orders under section 151.06; to embargo 
218.16 	adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under 
218.17 	section 214.11, extends to any commissioner may assume that any product regulated under 
218.18 	this section that is present in the state, other than a product lawfully possessed for personal 
218.19 	use, has been manufactured, imported, distributed, or stored with the intent to be offered 
218.20 	for sale in this state if a product of the same type and brand was sold in the state on or after 
218.21 	July 1, 2023, or if the product is in the possession of a person who has sold any product in
218.22 	violation of this section.
218.23 	(d) The commissioner may enforce this section, including enforcement against a 
218.24 	manufacturer or distributor of a product regulated under this section, under sections 144.989 
218.25 	to 144.993.
218.26 	(e) The commissioner may enter into an interagency agreement with the Office of 
218.27 	Cannabis Management to perform inspections and take other enforcement actions on behalf 
218.28 	of the commissioner.
218.29 		Subd. 7.Violations; criminal penalties. (a) Notwithstanding section 144.99, subdivision 
218.30 	11, a person who does any of the following regarding a product regulated under this section 
218.31 	is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 
218.32 	one year or to payment of a fine of not more than $3,000, or both:
218.33 	(1) knowingly alters or otherwise falsifies testing results;
219.1 	(2) intentionally alters or falsifies any information required to be included on the label 
219.2 	of an edible cannabinoid product; or
219.3 	(3) intentionally makes a false material statement to the commissioner.
219.4 	(b) Notwithstanding section 144.99, subdivision 11, a person who does any of the 
219.5 	following on the premises of a registered retailer or another business that sells retail goods 
219.6 	to customers is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
219.7 	not more than one year or to payment of a fine of not more than $3,000, or both:
219.8 	(1) sells an edible cannabinoid product knowing that the product does not comply with 
219.9 	the limits on the amount or types of cannabinoids that a product may contain;
219.10 	(2) sells an edible cannabinoid product knowing that the product does not comply with 
219.11 	the applicable testing, packaging, or labeling requirements; or
219.12 	(3) sells an edible cannabinoid product to a person under the age of 21, except that it is 
219.13 	an affirmative defense to a charge under this clause if the defendant proves by a 
219.14 	preponderance of the evidence that the defendant reasonably and in good faith relied on 
219.15 	proof of age as described in subdivision 5c.

219.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

219.17 	Sec. 4. Minnesota Statutes 2022, section 340A.412, subdivision 14, is amended to read:
219.18 		Subd. 14.Exclusive liquor stores. (a) Except as otherwise provided in this subdivision, 
219.19 	an exclusive liquor store may sell only the following items:
219.20 	(1) alcoholic beverages;
219.21 	(2) tobacco products;
219.22 	(3) ice;
219.23 	(4) beverages, either liquid or powder, specifically designated for mixing with intoxicating 
219.24 	liquor;
219.25 	(5) soft drinks;
219.26 	(6) liqueur-filled candies;
219.27 	(7) food products that contain more than one-half of one percent alcohol by volume;
219.28 	(8) cork extraction devices;
219.29 	(9) books and videos on the use of alcoholic beverages;
220.1 	(10) magazines and other publications published primarily for information and education 
220.2 	on alcoholic beverages;
220.3 	(11) multiple-use bags designed to carry purchased items;
220.4 	(12) devices designed to ensure safe storage and monitoring of alcohol in the home, to 
220.5 	prevent access by underage drinkers;
220.6 	(13) home brewing equipment;
220.7 	(14) clothing marked with the specific name, brand, or identifying logo of the exclusive 
220.8 	liquor store, and bearing no other name, brand, or identifying logo;
220.9 	(15) citrus fruit; and
220.10 	(16) glassware.; and
220.11 	(17) edible cannabinoid products as defined in section 151.72, subdivision 1, paragraph 
220.12 	(f).
220.13 	(b) An exclusive liquor store that has an on-sale, or combination on-sale and off-sale 
220.14 	license may sell food for on-premise consumption when authorized by the municipality 
220.15 	issuing the license.
220.16 	(c) An exclusive liquor store may offer live or recorded entertainment.

220.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

220.18 	Sec. 5. REPEALER.
 220.19 	Minnesota Statutes 2022, section 151.72, is repealed.

220.20 	EFFECTIVE DATE. This section is effective July 1, 2024.

220.21 	ARTICLE 8
220.22 	SCHEDULING OF MARIJUANA

220.23 	Section 1. Minnesota Statutes 2022, section 152.02, subdivision 2, is amended to read:
220.24 		Subd. 2.Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
220.25 	(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the 
220.26 	following substances, including their analogs, isomers, esters, ethers, salts, and salts of 
220.27 	isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, 
220.28 	and salts is possible:
220.29 	(1) acetylmethadol;
221.1 	(2) allylprodine;
221.2 	(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl 
221.3 	acetate);
221.4 	(4) alphameprodine;
221.5 	(5) alphamethadol;
221.6 	(6) alpha-methylfentanyl benzethidine;
221.7 	(7) betacetylmethadol;
221.8 	(8) betameprodine;
221.9 	(9) betamethadol;
221.10 	(10) betaprodine;
221.11 	(11) clonitazene;
221.12 	(12) dextromoramide;
221.13 	(13) diampromide;
221.14 	(14) diethyliambutene;
221.15 	(15) difenoxin;
221.16 	(16) dimenoxadol;
221.17 	(17) dimepheptanol;
221.18 	(18) dimethyliambutene;
221.19 	(19) dioxaphetyl butyrate;
221.20 	(20) dipipanone;
221.21 	(21) ethylmethylthiambutene;
221.22 	(22) etonitazene;
221.23 	(23) etoxeridine;
221.24 	(24) furethidine;
221.25 	(25) hydroxypethidine;
221.26 	(26) ketobemidone;
221.27 	(27) levomoramide;
222.1 	(28) levophenacylmorphan;
222.2 	(29) 3-methylfentanyl;
222.3 	(30) acetyl-alpha-methylfentanyl;
222.4 	(31) alpha-methylthiofentanyl;
222.5 	(32) benzylfentanyl beta-hydroxyfentanyl;
222.6 	(33) beta-hydroxy-3-methylfentanyl;
222.7 	(34) 3-methylthiofentanyl;
222.8 	(35) thenylfentanyl;
222.9 	(36) thiofentanyl;
222.10 	(37) para-fluorofentanyl;
222.11 	(38) morpheridine;
222.12 	(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
222.13 	(40) noracymethadol;
222.14 	(41) norlevorphanol;
222.15 	(42) normethadone;
222.16 	(43) norpipanone;
222.17 	(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
222.18 	(45) phenadoxone;
222.19 	(46) phenampromide;
222.20 	(47) phenomorphan;
222.21 	(48) phenoperidine;
222.22 	(49) piritramide;
222.23 	(50) proheptazine;
222.24 	(51) properidine;
222.25 	(52) propiram;
222.26 	(53) racemoramide;
222.27 	(54) tilidine;
223.1 	(55) trimeperidine;
223.2 	(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
223.3 	(57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-
223.4 	methylbenzamide(U47700);
223.5 	(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl);
223.6 	(59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol);
223.7 	(60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl 
223.8 	fentanyl);
223.9 	(61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl);
223.10 	(62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45);
223.11 	(63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl 
223.12 	fentanyl);
223.13 	(64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);
223.14 	(65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl);
223.15 	(66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide 
223.16 	(para-chloroisobutyryl fentanyl);
223.17 	(67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl 
223.18 	fentanyl);
223.19 	(68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide 
223.20 	(para-methoxybutyryl fentanyl);
223.21 	(69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil);
223.22 	(70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl 
223.23 	fentanyl or para-fluoroisobutyryl fentanyl);
223.24 	(71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or 
223.25 	acryloylfentanyl);
223.26 	(72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl 
223.27 	fentanyl);
223.28 	(73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl 
223.29 	or 2-fluorofentanyl);
224.1 	(74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide 
224.2 	(tetrahydrofuranyl fentanyl); and
224.3 	(75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, 
224.4 	esters and ethers, meaning any substance not otherwise listed under another federal 
224.5 	Administration Controlled Substance Code Number or not otherwise listed in this section, 
224.6 	and for which no exemption or approval is in effect under section 505 of the Federal Food, 
224.7 	Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related 
224.8 	to fentanyl by one or more of the following modifications:
224.9 	(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether 
224.10 	or not further substituted in or on the monocycle;
224.11 	(ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, 
224.12 	haloalkyl, amino, or nitro groups;
224.13 	(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, 
224.14 	hydroxyl, halo, haloalkyl, amino, or nitro groups;
224.15 	(iv) replacement of the aniline ring with any aromatic monocycle whether or not further 
224.16 	substituted in or on the aromatic monocycle; or
224.17 	(v) replacement of the N-propionyl group by another acyl group.
224.18 	(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 
224.19 	and salts of isomers, unless specifically excepted or unless listed in another schedule, 
224.20 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
224.21 	(1) acetorphine;
224.22 	(2) acetyldihydrocodeine;
224.23 	(3) benzylmorphine;
224.24 	(4) codeine methylbromide;
224.25 	(5) codeine-n-oxide;
224.26 	(6) cyprenorphine;
224.27 	(7) desomorphine;
224.28 	(8) dihydromorphine;
224.29 	(9) drotebanol;
224.30 	(10) etorphine;
225.1 	(11) heroin;
225.2 	(12) hydromorphinol;
225.3 	(13) methyldesorphine;
225.4 	(14) methyldihydromorphine;
225.5 	(15) morphine methylbromide;
225.6 	(16) morphine methylsulfonate;
225.7 	(17) morphine-n-oxide;
225.8 	(18) myrophine;
225.9 	(19) nicocodeine;
225.10 	(20) nicomorphine;
225.11 	(21) normorphine;
225.12 	(22) pholcodine; and
225.13 	(23) thebacon.
225.14 	(d) Hallucinogens. Any material, compound, mixture or preparation which contains any 
225.15 	quantity of the following substances, their analogs, salts, isomers (whether optical, positional, 
225.16 	or geometric), and salts of isomers, unless specifically excepted or unless listed in another 
225.17 	schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is 
225.18 	possible:
225.19 	(1) methylenedioxy amphetamine;
225.20 	(2) methylenedioxymethamphetamine;
225.21 	(3) methylenedioxy-N-ethylamphetamine (MDEA);
225.22 	(4) n-hydroxy-methylenedioxyamphetamine;
225.23 	(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
225.24 	(6) 2,5-dimethoxyamphetamine (2,5-DMA);
225.25 	(7) 4-methoxyamphetamine;
225.26 	(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
225.27 	(9) alpha-ethyltryptamine;
225.28 	(10) bufotenine;
226.1 	(11) diethyltryptamine;
226.2 	(12) dimethyltryptamine;
226.3 	(13) 3,4,5-trimethoxyamphetamine;
226.4 	(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
226.5 	(15) ibogaine;
226.6 	(16) lysergic acid diethylamide (LSD);
226.7 	(17) mescaline;
226.8 	(18) parahexyl;
226.9 	(19) N-ethyl-3-piperidyl benzilate;
226.10 	(20) N-methyl-3-piperidyl benzilate;
226.11 	(21) psilocybin;
226.12 	(22) psilocyn;
226.13 	(23) tenocyclidine (TPCP or TCP);
226.14 	(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
226.15 	(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
226.16 	(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
226.17 	(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
226.18 	(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
226.19 	(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
226.20 	(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
226.21 	(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
226.22 	(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
226.23 	(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
226.24 	(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
226.25 	(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
226.26 	(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
226.27 	(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
227.1 	(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 
227.2 	(2-CB-FLY);
227.3 	(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
227.4 	(40) alpha-methyltryptamine (AMT);
227.5 	(41) N,N-diisopropyltryptamine (DiPT);
227.6 	(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
227.7 	(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
227.8 	(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
227.9 	(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
227.10 	(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
227.11 	(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
227.12 	(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
227.13 	(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
227.14 	(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
227.15 	(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
227.16 	(52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
227.17 	(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
227.18 	(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
227.19 	(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
227.20 	(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
227.21 	(57) methoxetamine (MXE);
227.22 	(58) 5-iodo-2-aminoindane (5-IAI);
227.23 	(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
227.24 	(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
227.25 	(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
227.26 	(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
227.27 	(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
228.1 	(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
228.2 	(65) N,N-Dipropyltryptamine (DPT);
228.3 	(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
228.4 	(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
228.5 	(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
228.6 	(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
228.7 	(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, 
228.8 	ethketamine, NENK);
228.9 	(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
228.10 	(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
228.11 	(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
228.12 	(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii 
228.13 	Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, 
228.14 	and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, 
228.15 	its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not 
228.16 	apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian 
228.17 	Church, and members of the American Indian Church are exempt from registration. Any 
228.18 	person who manufactures peyote for or distributes peyote to the American Indian Church, 
228.19 	however, is required to obtain federal registration annually and to comply with all other 
228.20 	requirements of law.
228.21 	(f) Central nervous system depressants. Unless specifically excepted or unless listed in 
228.22 	another schedule, any material compound, mixture, or preparation which contains any 
228.23 	quantity of the following substances, their analogs, salts, isomers, and salts of isomers 
228.24 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
228.25 	(1) mecloqualone;
228.26 	(2) methaqualone;
228.27 	(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
228.28 	(4) flunitrazepam;
228.29 	(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, 
228.30 	methoxyketamine);
229.1 	(6) tianeptine;
229.2 	(7) clonazolam;
229.3 	(8) etizolam;
229.4 	(9) flubromazolam; and
229.5 	(10) flubromazepam.
229.6 	(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
229.7 	material compound, mixture, or preparation which contains any quantity of the following 
229.8 	substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the 
229.9 	analogs, salts, isomers, and salts of isomers is possible:
229.10 	(1) aminorex;
229.11 	(2) cathinone;
229.12 	(3) fenethylline;
229.13 	(4) methcathinone;
229.14 	(5) methylaminorex;
229.15 	(6) N,N-dimethylamphetamine;
229.16 	(7) N-benzylpiperazine (BZP);
229.17 	(8) methylmethcathinone (mephedrone);
229.18 	(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
229.19 	(10) methoxymethcathinone (methedrone);
229.20 	(11) methylenedioxypyrovalerone (MDPV);
229.21 	(12) 3-fluoro-N-methylcathinone (3-FMC);
229.22 	(13) methylethcathinone (MEC);
229.23 	(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
229.24 	(15) dimethylmethcathinone (DMMC);
229.25 	(16) fluoroamphetamine;
229.26 	(17) fluoromethamphetamine;
229.27 	(18) α-methylaminobutyrophenone (MABP or buphedrone);
229.28 	(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
230.1 	(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
230.2 	(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or 
230.3 	naphyrone);
230.4 	(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
230.5 	(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
230.6 	(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
230.7 	(25) 4-methyl-N-ethylcathinone (4-MEC);
230.8 	(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
230.9 	(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
230.10 	(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
230.11 	(29) 4-fluoro-N-methylcathinone (4-FMC);
230.12 	(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
230.13 	(31) alpha-pyrrolidinobutiophenone (α-PBP);
230.14 	(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
230.15 	(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
230.16 	(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
230.17 	(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
230.18 	(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP);
230.19 	(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
230.20 	(38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP);
230.21 	(39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone); 
230.22 	and
230.23 	(40) any other substance, except bupropion or compounds listed under a different 
230.24 	schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the 
230.25 	1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the 
230.26 	compound is further modified in any of the following ways:
230.27 	(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 
230.28 	haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 
230.29 	system by one or more other univalent substituents;
231.1 	(ii) by substitution at the 3-position with an acyclic alkyl substituent;
231.2 	(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 
231.3 	methoxybenzyl groups; or
231.4 	(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
231.5 	(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically 
231.6 	excepted or unless listed in another schedule, any natural or synthetic material, compound, 
231.7 	mixture, or preparation that contains any quantity of the following substances, their analogs, 
231.8 	isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence 
231.9 	of the isomers, esters, ethers, or salts is possible:
231.10 	(1) marijuana;
231.11 	(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except 
231.12 	that tetrahydrocannabinols do not include any material, compound, mixture, or preparation 
231.13 	that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic 
231.14 	equivalents of the substances contained in the cannabis plant or in the resinous extractives 
231.15 	of the plant; or synthetic substances with similar chemical structure and pharmacological 
231.16 	activity to those substances contained in the plant or resinous extract, including, but not 
231.17 	limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 
231.18 	cis or trans tetrahydrocannabinol;
231.19 	(3) (h) Synthetic cannabinoids, including the following substances:
231.20 	(i) (1) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 
231.21 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
231.22 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
231.23 	2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 
231.24 	extent and whether or not substituted in the naphthyl ring to any extent. Examples of 
231.25 	naphthoylindoles include, but are not limited to:
231.26 	(A) (i) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
231.27 	(B) (ii) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
231.28 	(C) (iii) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
231.29 	(D) (iv) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
231.30 	(E) (v) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
231.31 	(F) (vi) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
232.1 	(G) (vii) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
232.2 	(H) (viii) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
232.3 	(I) (ix) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
232.4 	(J) (x) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
232.5 	(ii) (2) Napthylmethylindoles, which are any compounds containing a 
232.6 	1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the 
232.7 	indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
232.8 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 
232.9 	substituted in the indole ring to any extent and whether or not substituted in the naphthyl 
232.10 	ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
232.11 	(A) (i) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
232.12 	(B) (ii) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
232.13 	(iii) (3) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole 
232.14 	structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, 
232.15 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
232.16 	2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any 
232.17 	extent, whether or not substituted in the naphthyl ring to any extent. Examples of 
232.18 	naphthoylpyrroles include, but are not limited to, 
232.19 	(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
232.20 	(iv) (4) Naphthylmethylindenes, which are any compounds containing a 
232.21 	naphthylideneindene structure with substitution at the 3-position of the indene ring by an 
232.22 	alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
232.23 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further 
232.24 	substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring 
232.25 	to any extent. Examples of naphthylemethylindenes include, but are not limited to, 
232.26 	E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
232.27 	(v) (5) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 
232.28 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
232.29 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
232.30 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any 
232.31 	extent, whether or not substituted in the phenyl ring to any extent. Examples of 
232.32 	phenylacetylindoles include, but are not limited to:
232.33 	(A) (i) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
233.1 	(B) (ii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
233.2 	(C) (iii) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
233.3 	(D) (iv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
233.4 	(vi) (6) Cyclohexylphenols, which are compounds containing a 
233.5 	2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic 
233.6 	ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
233.7 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted 
233.8 	in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not 
233.9 	limited to:
233.10 	(A) (i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
233.11 	(B) (ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
233.12 	(Cannabicyclohexanol or CP 47,497 C8 homologue);
233.13 	(C) (iii) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 
233.14 	-phenol (CP 55,940).
233.15 	(vii) (7) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole 
233.16 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
233.17 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
233.18 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any 
233.19 	extent and whether or not substituted in the phenyl ring to any extent. Examples of 
233.20 	benzoylindoles include, but are not limited to:
233.21 	(A) (i) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
233.22 	(B) (ii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
233.23 	(C) (iii) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone 
233.24 	(WIN 48,098 or Pravadoline).
233.25 	(viii) (8) Others specifically named:
233.26 	(A) (i) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
233.27 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
233.28 	(B) (ii) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
233.29 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
233.30 	(C) (iii) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 
233.31 	-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
234.1 	(D) (iv) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
234.2 	(E) (v) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
234.3 	(XLR-11);
234.4 	(F) (vi) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 
234.5 	(AKB-48(APINACA));
234.6 	(G) (vii) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 
234.7 	(5-Fluoro-AKB-48);
234.8 	(H) (viii) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
234.9 	(I) (ix) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro 
234.10 	PB-22);
234.11 	(J) (x) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide 
234.12 	(AB-PINACA);
234.13 	(K) (xi) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 
234.14 	1H-indazole-3-carboxamide (AB-FUBINACA);
234.15 	(L) (xii) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- 
234.16 	indazole-3-carboxamide(AB-CHMINACA);
234.17 	(M) (xiii) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- 
234.18 	methylbutanoate (5-fluoro-AMB);
234.19 	(N) (xiv) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
234.20 	(O) (xv) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) 
234.21 	(FUBIMINA);
234.22 	(P) (xvi) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo 
234.23 	[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
234.24 	(Q) (xvii) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) 
234.25 	-1H-indole-3-carboxamide (5-fluoro-ABICA);
234.26 	(R) (xviii) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) 
234.27 	-1H-indole-3-carboxamide;
234.28 	(S) (xix) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) 
234.29 	-1H-indazole-3-carboxamide;
234.30 	(T) (xx) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) 
234.31 	-3,3-dimethylbutanoate;
235.1 	(U) (xxi) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1 
235.2 	H-indazole-3-carboxamide (MAB-CHMINACA);
235.3 	(V) (xxii)
235.4 	N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide 
235.5 	(ADB-PINACA);
235.6 	(W) (xxiii) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
235.7 	(X) (xxiv)
235.8 	N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-
235.9 	3-carboxamide. (APP-CHMINACA);
235.10 	(Y) (xxv) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
235.11 	(Z) (xxvi) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate 
235.12 	(MMB-CHMICA).
235.13 	(ix) (9) Additional substances specifically named:
235.14 	(A) (i) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 
235.15 	H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA);
235.16 	(B) (ii) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide 
235.17 	(4-CN-Cumyl-Butinaca);
235.18 	(C) (iii) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; 
235.19 	CBL2201);
235.20 	(D) (iv) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 
235.21 	H-indazole-3-carboxamide (5F-ABPINACA);
235.22 	(E) (v) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate 
235.23 	(MDMB CHMICA);
235.24 	(F) (vi) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate 
235.25 	(5F-ADB; 5F-MDMB-PINACA); and
235.26 	(G) (vii) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl) 
235.27 	1H-indazole-3-carboxamide (ADB-FUBINACA).
235.28 	(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended 
235.29 	for human consumption.

235.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

236.1 	Sec. 2. Minnesota Statutes 2022, section 152.02, subdivision 4, is amended to read:
236.2 		Subd. 4.Schedule III. (a) Schedule III consists of the substances listed in this subdivision.
236.3 	(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
236.4 	material, compound, mixture, or preparation which contains any quantity of the following 
236.5 	substances having a potential for abuse associated with a stimulant effect on the central 
236.6 	nervous system, including its salts, isomers, and salts of such isomers whenever the existence 
236.7 	of such salts, isomers, and salts of isomers is possible within the specific chemical 
236.8 	designation:
236.9 	(1) benzphetamine;
236.10 	(2) chlorphentermine;
236.11 	(3) clortermine;
236.12 	(4) phendimetrazine.
236.13 	(c) Depressants. Unless specifically excepted or unless listed in another schedule, any 
236.14 	material, compound, mixture, or preparation which contains any quantity of the following 
236.15 	substances having a potential for abuse associated with a depressant effect on the central 
236.16 	nervous system:
236.17 	(1) any compound, mixture, or preparation containing amobarbital, secobarbital, 
236.18 	pentobarbital or any salt thereof and one or more other active medicinal ingredients which 
236.19 	are not listed in any schedule;
236.20 	(2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or 
236.21 	any salt of any of these drugs and approved by the food and drug administration for marketing 
236.22 	only as a suppository;
236.23 	(3) any substance which contains any quantity of a derivative of barbituric acid, or any 
236.24 	salt of a derivative of barbituric acid, except those substances which are specifically listed 
236.25 	in other schedules;
236.26 	(4) any drug product containing gamma hydroxybutyric acid, including its salts, isomers, 
236.27 	and salts of isomers, for which an application is approved under section 505 of the federal 
236.28 	Food, Drug, and Cosmetic Act;
236.29 	(5) any of the following substances:
236.30 	(i) chlorhexadol;
236.31 	(ii) ketamine, its salts, isomers and salts of isomers;
237.1 	(iii) lysergic acid;
237.2 	(iv) lysergic acid amide;
237.3 	(v) methyprylon;
237.4 	(vi) sulfondiethylmethane;
237.5 	(vii) sulfonenthylmethane;
237.6 	(viii) sulfonmethane;
237.7 	(ix) tiletamine and zolazepam and any salt thereof;
237.8 	(x) embutramide;
237.9 	(xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl) 
237.10 	benzonitrile].
237.11 	(d) Nalorphine.
237.12 	(e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, 
237.13 	any material, compound, mixture, or preparation containing any of the following narcotic 
237.14 	drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities 
237.15 	as follows:
237.16 	(1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams 
237.17 	per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
237.18 	(2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams 
237.19 	per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic 
237.20 	amounts;
237.21 	(3) not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 
237.22 	milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized 
237.23 	therapeutic amounts;
237.24 	(4) not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 
237.25 	15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized 
237.26 	therapeutic amounts;
237.27 	(5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not 
237.28 	more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients 
237.29 	in recognized therapeutic amounts;
237.30 	(6) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with 
237.31 	one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
238.1 	(f) Anabolic steroids, human growth hormone, and chorionic gonadotropin.
238.2 	(1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal 
238.3 	substance, chemically and pharmacologically related to testosterone, other than estrogens, 
238.4 	progestins, corticosteroids, and dehydroepiandrosterone, and includes:
238.5 	(i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
238.6 	(ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
238.7 	(iii) androstanedione (5[alpha]-androstan-3,17-dione);
238.8 	(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene;
238.9 	(v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
238.10 	(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
238.11 	(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
238.12 	(viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione);
238.13 	(ix) 4-androstenedione (androst-4-en-3,17-dione);
238.14 	(x) 5-androstenedione (androst-5-en-3,17-dione);
238.15 	(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
238.16 	(xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one);
238.17 	(xiii) boldione (androsta-1,4-diene-3,17-dione);
238.18 	(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
238.19 	(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
238.20 	(xvi) dehydrochloromethyltestosterone 
238.21 	(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one);
238.22 	(xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol);
238.23 	(xviii) [delta]1-dihydrotestosterone- (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
238.24 	(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
238.25 	(xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);
238.26 	(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
238.27 	(xxii) fluoxymesterone 
238.28 	(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
239.1 	(xxiii) formebolone 
239.2 	(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
239.3 	(xxiv) furazabol 
239.4 	(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta] 
239.5 	-hydroxygon-4-en-3-one;
239.6 	(xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one);
239.7 	(xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one);
239.8 	(xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
239.9 	(xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
239.10 	(xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
239.11 	(xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
239.12 	(xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one);
239.13 	(xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
239.14 	(xxxiii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
239.15 	(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
239.16 	(xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
239.17 	(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone 
239.18 	(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
239.19 	(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
239.20 	(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one);
239.21 	(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
239.22 	(xl) mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
239.23 	(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone 
239.24 	(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one);
239.25 	(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one);
239.26 	(xliii) 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene;
239.27 	(xliv) 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol 
239.28 	(3[beta],17[beta]-dihydroxyestr-5-ene;
239.29 	(xlv) 3[alpha],17[beta]-dihydroxyestr-5-ene);
240.1 	(xlvi) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
240.2 	(xlvii) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
240.3 	(xlviii) norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
240.4 	(xlix) norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
240.5 	(l) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
240.6 	(li) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
240.7 	(lii) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one);
240.8 	(liii) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
240.9 	(liv) oxymetholone 
240.10 	(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one);
240.11 	(lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-C]pryazole;
240.12 	(lvi) stanozolol 
240.13 	(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole);
240.14 	(lvii) stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one);
240.15 	(lviii) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
240.16 	(lix) testosterone (17[beta]-hydroxyandrost-4-en-3-one);
240.17 	(lx) tetrahydrogestrinone 
240.18 	(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
240.19 	(lxi) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);
240.20 	(lxii) any salt, ester, or ether of a drug or substance described in this paragraph.
240.21 	Anabolic steroids are not included if they are: (A) expressly intended for administration 
240.22 	through implants to cattle or other nonhuman species; and (B) approved by the United States 
240.23 	Food and Drug Administration for that use;
240.24 	(2) Human growth hormones.
240.25 	(3) Chorionic gonadotropin, except that a product containing chorionic gonadotropin is 
240.26 	not included if it is:
240.27 	(i) expressly intended for administration to cattle or other nonhuman species; and
240.28 	(ii) approved by the United States Food and Drug Administration for that use.
241.1 	(g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated 
241.2 	in a soft gelatin capsule in a United States Food and Drug Administration approved product.
241.3 	(h) Any material, compound, mixture, or preparation containing the following narcotic 
241.4 	drug or its salt: buprenorphine.
241.5 	(i) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically 
241.6 	excepted or unless listed in another schedule, any natural or synthetic material, compound, 
241.7 	mixture, or preparation that contains any quantity of the following substances, their analogs, 
241.8 	isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence 
241.9 	of the isomers, esters, ethers, or salts is possible:
241.10 	(1) marijuana;
241.11 	(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except 
241.12 	that tetrahydrocannabinols do not include any material, compound, mixture, or preparation 
241.13 	that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic 
241.14 	equivalents of the substances contained in the cannabis plant or in the resinous extractives 
241.15 	of the plant; or synthetic substances with similar chemical structure and pharmacological 
241.16 	activity to those substances contained in the plant or resinous extract, including but not 
241.17 	limited to 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 
241.18 	cis or trans tetrahydrocannabinol.

241.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

241.20 	ARTICLE 9
241.21 	APPROPRIATIONS

241.22 	Section 1. APPROPRIATIONS.
 241.23 		Subdivision 1.Office of Cannabis Management. (a) $....... in fiscal year 2024 and 
241.24 	$....... in fiscal year 2025 are appropriated from the general fund to the Cannabis Management 
241.25 	Board for purposes of this act. The base for this appropriation is $....... in fiscal year 2026 
241.26 	and $....... in fiscal year 2027.
241.27 	(b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
241.28 	in fiscal year 2025 are for rulemaking. The base for this appropriation is $....... in fiscal year 
241.29 	2024 and thereafter.
241.30 	(c) Of the base established in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal 
241.31 	year 2027 are for cannabis industry community renewal grants. Of these amounts, up to 
241.32 	three percent may be used for administrative expenses.
242.1 	(d) Of the base established in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal 
242.2 	year 2027 are for the administration of substance use disorder treatment and prevention 
242.3 	grants.
242.4 		Subd. 2.Department of Agriculture. $....... in fiscal year 2024 and $....... in fiscal year 
242.5 	2025 are appropriated from the general fund to the commissioner of agriculture for food 
242.6 	safety and pesticide enforcement lab testing and rulemaking related to changes in cannabis 
242.7 	laws. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal year 
242.8 	2027.
242.9 		Subd. 3.Cannabis Expungement Board. $....... in fiscal year 2024 and $....... in fiscal 
242.10 	year 2025 are appropriated from the general fund to the Cannabis Expungement Board for 
242.11 	staffing and other expenses related to reviewing criminal convictions and issuing decisions 
242.12 	related to expungement and resentencing. The base for this appropriation is $....... in fiscal 
242.13 	years 2026, 2027, and 2028. The base in fiscal year 2029 and thereafter is $0.
242.14 		Subd. 4.Department of Commerce. $....... in fiscal year 2024 and $....... in fiscal year 
242.15 	2025 are appropriated from the general fund to the commissioner of commerce for the 
242.16 	purposes of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... 
242.17 	in fiscal year 2027.
242.18 		Subd. 5.Department of Corrections. An appropriation to the commissioner of 
242.19 	corrections for correctional institutions is reduced by $....... in fiscal year 2024 and $....... 
242.20 	in fiscal year 2025. The base for this appropriation is reduced by $....... in fiscal year 2026 
242.21 	and $....... in fiscal year 2027.
242.22 		Subd. 6.Department of Education. $....... in fiscal year 2024 and $....... in fiscal year 
242.23 	2025 are appropriated from the general fund to the commissioner of education for the 
242.24 	purposes of this act.
242.25 		Subd. 7.Department of Employment and Economic Development. (a) $....... in fiscal 
242.26 	year 2024 and $....... in fiscal year 2025 are appropriated from the general fund to the 
242.27 	commissioner of employment and economic development for the CanStartup, CanNavigate, 
242.28 	and CanTrain programs. Any unencumbered balances remaining in the first year do not 
242.29 	cancel but are available for the second year.
242.30 	(b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
242.31 	in fiscal year 2025 are for the CanStartup program.
242.32 	(c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
242.33 	in fiscal year 2025 are for the CanNavigate program.
243.1 	(d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
243.2 	in fiscal year 2025 are for the CanTrain program.
243.3 	(e) Of these amounts, up to four percent may be used for administrative expenses.
243.4 		Subd. 8.Department of Health. (a) $....... in fiscal year 2024 and $....... in fiscal year 
243.5 	2025 are appropriated from the general fund to the commissioner of health for the purposes 
243.6 	of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal 
243.7 	year 2027.
243.8 	(b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
243.9 	in fiscal year 2025 are for education for women who are pregnant, breastfeeding, or who 
243.10 	may become pregnant. Of this amount, $....... each year is for media campaign contracts. 
243.11 	The base for this appropriation is $....... in fiscal year 2026 and thereafter. Of the amounts 
243.12 	appropriated in fiscal year 2026 and thereafter, $....... is for media campaign contracts.
243.13 	(c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
243.14 	in fiscal year 2025 are for data collection and reports. The base for this appropriation is 
243.15 	$....... in fiscal year 2026 and $....... in fiscal year 2027.
243.16 	(d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
243.17 	in fiscal year 2025 are for testing required by this act. The base for this appropriation is 
243.18 	$....... in fiscal year 2026 and thereafter.
243.19 	(e) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
243.20 	in fiscal year 2025 are for education for youth. Of this amount, $....... each year is for 
243.21 	statewide youth awareness campaign contracts. The base for this appropriation is $....... in 
243.22 	fiscal year 2026 and thereafter. Of the amounts in fiscal year 2026 and thereafter, $....... is 
243.23 	for media campaign contracts.
243.24 		Subd. 9.Department of Human Services. (a) $....... in fiscal year 2024 and $....... in 
243.25 	fiscal year 2025 are appropriated from the general fund to the commissioner of human 
243.26 	services for the purposes of this act. The base for this appropriation is $....... in fiscal years 
243.27 	2026, 2027, and 2028. The base in fiscal year 2029 and thereafter is $........
243.28 	(b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
243.29 	in fiscal year 2025 are for the Background Studies Legal Division. The base for this 
243.30 	appropriation is $....... in fiscal years 2026, 2027, and 2028. The base in fiscal year 2029 
243.31 	and thereafter is $0.
243.32 	(c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 is for 
243.33 	technology system changes. This is a onetime appropriation.
244.1 	(d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
244.2 	in fiscal year 2025 are for costs associated with the Substance Use Disorder Advisory 
244.3 	Council.
244.4 		Subd. 10.Department of Labor and Industry. $....... in fiscal year 2024 and $....... in 
244.5 	fiscal year 2025 are appropriated from the general fund to the commissioner of labor and 
244.6 	industry to identify occupational competency standards and provide technical assistance 
244.7 	for developing dual-training programs under Minnesota Statutes, section 175.45, for the 
244.8 	legal cannabis industry.
244.9 		Subd. 11.Department of Natural Resources. $....... in fiscal year 2024 is appropriated 
244.10 	from the general fund to the commissioner of natural resources for the purposes of this act. 
244.11 	This is a onetime appropriation.
244.12 		Subd. 12.Office of Higher Education. $....... in fiscal year 2024 and $....... in fiscal 
244.13 	year 2025 are appropriated from the general fund to the commissioner of higher education 
244.14 	for transfer to the dual training account in the special revenue fund under Minnesota Statutes, 
244.15 	section 136A.246, subdivision 10, for grants to employers in the legal cannabis industry. 
244.16 	The commissioner shall give priority to applications from employers who are, or who are 
244.17 	training employees who are, eligible to be social equity applicants under Minnesota Statutes, 
244.18 	section 342.16.
244.19 		Subd. 13.Pollution Control Agency. (a) $....... in fiscal year 2024 and $....... in fiscal 
244.20 	year 2025 are appropriated from the general fund to the commissioner of the Pollution 
244.21 	Control Agency for the purposes of this act. The base for this appropriation is $....... in fiscal 
244.22 	year 2026 and $0 in fiscal year 2027 and thereafter.
244.23 	(b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
244.24 	in fiscal year 2025 are for rulemaking. The base for this appropriation is $0 in fiscal year 
244.25 	2026 and thereafter.
244.26 	(c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 is for 
244.27 	wastewater staff. This is a onetime appropriation.
244.28 	(d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
244.29 	in fiscal year 2025 are for small business assistance staff. The base for this appropriation 
244.30 	is $....... in fiscal year 2026 and $0 in fiscal year 2027 and thereafter.
244.31 		Subd. 14.Department of Public Safety; Bureau of Criminal Apprehension. (a) $....... 
244.32 	in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general fund to 
244.33 	the commissioner of public safety for use by the Bureau of Criminal Apprehension. The 
245.1 	base for this appropriation is $....... in fiscal years 2026, 2027, and 2028. The base in fiscal 
245.2 	year 2029 and thereafter is $........
245.3 	(b) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
245.4 	in fiscal year 2025 are for expenses related to identifying and providing records of convictions 
245.5 	for certain offenses involving the possession of cannabis that may be eligible for 
245.6 	expungement and resentencing. The base for this appropriation is $....... in fiscal years 2026, 
245.7 	2027, and 2028. The base in fiscal year 2029 and thereafter is $0.
245.8 	(c) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
245.9 	in fiscal year 2025 are for forensic science services including additional staff, equipment, 
245.10 	and supplies.
245.11 	(d) Of the amount appropriated under paragraph (a), $....... in fiscal year 2024 and $....... 
245.12 	in fiscal year 2025 are for investigation of diversion crimes.
245.13 		Subd. 15.Department of Public Safety; State Patrol. $....... in fiscal year 2024 and 
245.14 	$....... in fiscal year 2025 are appropriated from the trunk highway fund to the commissioner 
245.15 	of public safety for use by the Minnesota State Patrol for the purposes of this act, including 
245.16 	identifying and investigating incidents and offenses that involve driving under the influence.
245.17 		Subd. 16.Department of Revenue. $....... in fiscal year 2024 and $....... in fiscal year 
245.18 	2025 are appropriated from the general fund to the commissioner of revenue for the purposes 
245.19 	of this act. The base for this appropriation is $....... in fiscal year 2026 and $....... in fiscal 
245.20 	year 2027.
245.21 		Subd. 17.Department of Public Safety; State Patrol. $....... in fiscal year 2024 and 
245.22 	$....... in fiscal year 2025 are appropriated from the general fund to the Minnesota State 
245.23 	Patrol for its drug evaluation and classification program for drug recognition evaluator 
245.24 	training, additional phlebotomists, and drug recognition training for peace officers, as defined 
245.25 	in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c).
245.26 		Subd. 18.Supreme court. $....... in fiscal year 2024 and $....... in fiscal year 2025 are 
245.27 	appropriated from the general fund to the supreme court for reviewing records and issuing 
245.28 	orders related to the expungement or resentencing of certain cannabis offenses. The base 
245.29 	for this appropriation is $0 in fiscal year 2026 and thereafter.
245.30 		Subd. 19.Supreme court. $....... in fiscal year 2024 and $....... in fiscal year 2025 are 
245.31 	appropriated from the general fund to the supreme court for treatment court operations.
245.32 		Subd. 20.Substance use disorder treatment and prevention grant account. Money 
245.33 	for substance use disorder treatment and prevention is transferred from the general fund to 
246.1 	the substance use disorder treatment and prevention grant account established under 
246.2 	Minnesota Statutes, section 342.72. The transfer is $....... in fiscal years 2024 and 2025. The 
246.3 	base for this transfer is $....... in fiscal year 2026 and $....... in fiscal year 2027.

APPENDIX 

Repealed Minnesota Statutes: S0073-1 

151.72 SALE OF CERTAIN CANNABINOID PRODUCTS.Subdivision 1.Definitions. 
(a) For the purposes of this section, the following terms have the meanings given. 

(b) "Certified hemp" means hemp plants that have been tested and found to meet the requirements of chapter 18K and the rules adopted thereunder. 

(c) "Edible cannabinoid product" means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug. 

(d) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3. 

(e) "Label" has the meaning given in section 151.01, subdivision 18. 

(f) "Labeling" means all labels and other written, printed, or graphic matter that are: 

(1) affixed to the immediate container in which a product regulated under this section is sold; 

(2) provided, in any manner, with the immediate container, including but not limited to outer containers, wrappers, package inserts, brochures, or pamphlets; or 

(3) provided on that portion of a manufacturer's website that is linked by a scannable barcode or matrix barcode. 

(g) "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically shaped dark and light cells capable of being read by the camera on a smartphone or other mobile device. 

(h) "Nonintoxicating cannabinoid" means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. 

Subd. 2.Scope. 
(a) This section applies to the sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal consumption by any route of administration. 

(b) This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to sections 152.22 to 152.37. 

(c) The board must have no authority over food products, as defined in section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from hemp. 

Subd. 3.Sale of cannabinoids derived from hemp. 
(a) Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f). 

(b) No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended: 

(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or 

(2) to affect the structure or any function of the bodies of humans or other animals. 

(c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. 

(d) Products that meet the requirements of this section are not controlled substances under section 152.02. 

Subd. 4.Testing requirements. 
(a) A manufacturer of a product regulated under this section must submit representative samples of the product to an independent, accredited laboratory in order to certify that the product complies with the standards adopted by the board. Testing must be consistent with generally accepted industry standards for herbal and botanical substances, and, at a minimum, the testing must confirm that the product: 

(1) contains the amount or percentage of cannabinoids that is stated on the label of the product; 

(2) does not contain more than trace amounts of any mold, residual solvents, pesticides, fertilizers, or heavy metals; and 

(3) does not contain more than 0.3 percent of any tetrahydrocannabinol. 

(b) Upon the request of the board, the manufacturer of the product must provide the board with the results of the testing required in this section. 

(c) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or possession of a certificate of analysis for such hemp, does not meet the testing requirements of this section. 

Subd. 5.Labeling requirements. 
(a) A product regulated under this section must bear a label that contains, at a minimum: 

(1) the name, location, contact phone number, and website of the manufacturer of the product; 

(2) the name and address of the independent, accredited laboratory used by the manufacturer to test the product; and 

(3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed. 

(b) The information in paragraph (a) may be provided on an outer package if the immediate container that holds the product is too small to contain all of the information. 

(c) The information required in paragraph (a) may be provided through the use of a scannable barcode or matrix barcode that links to a page on the manufacturer's website if that page contains all of the information required by this subdivision. 

(d) The label must also include a statement stating that the product does not claim to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United States Food and Drug Administration (FDA) unless the product has been so approved. 

(e) The information required by this subdivision must be prominently and conspicuously placed on the label or displayed on the website in terms that can be easily read and understood by the consumer. 

(f) The labeling must not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies, unless the claim has been approved by the FDA. 

Subd. 5a.Additional requirements for edible cannabinoid products. 
(a) In addition to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid must meet the requirements of this subdivision. 

(b) An edible cannabinoid product must not: 

(1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children; 

(2) be modeled after a brand of products primarily consumed by or marketed to children; 

(3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item; 

(4) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; 

(5) be packaged in a way that resembles the trademarked, characteristic, or product-specialized packaging of any commercially available food product; or 

(6) be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. 

(c) An edible cannabinoid product must be prepackaged in packaging or a container that is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The requirement that packaging be child-resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage and which contains no more than a trace amount of any tetrahydrocannabinol. 

(d) If an edible cannabinoid product is intended for more than a single use or contains multiple servings, each serving must be indicated by scoring, wrapping, or other indicators designating the individual serving size. 

(e) A label containing at least the following information must be affixed to the packaging or container of all edible cannabinoid products sold to consumers: 

(1) the serving size; 

(2) the cannabinoid profile per serving and in total; 

(3) a list of ingredients, including identification of any major food allergens declared by name; and 

(4) the following statement: "Keep this product out of reach of children." 

(f) An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. 

Subd. 6.Enforcement. 
(a) A product regulated under this section, including an edible cannabinoid product, shall be considered an adulterated drug if: 

(1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; 

(2) it has been produced, prepared, packed, or held under unsanitary conditions where it may have been rendered injurious to health, or where it may have been contaminated with filth; 

(3) its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; 

(4) it contains any food additives, color additives, or excipients that have been found by the FDA to be unsafe for human or animal consumption; 

(5) it contains an amount or percentage of nonintoxicating cannabinoids that is different than the amount or percentage stated on the label; 

(6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f); or 

(7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, or heavy metals. 

(b) A product regulated under this section shall be considered a misbranded drug if the product's labeling is false or misleading in any manner or in violation of the requirements of this section. 

(c) The board's authority to issue cease and desist orders under section 151.06; to embargo adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under section 214.11, extends to any violation of this section. 

152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.Subd. 3.Possession of marijuana in a motor vehicle. 
A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers. 

Subd. 4.Possession or sale of small amounts of marijuana. 
(a) A person who unlawfully sells a small amount of marijuana for no remuneration, or who unlawfully possesses a small amount of marijuana is guilty of a petty misdemeanor and shall be required to participate in a drug education program unless the court enters a written finding that a drug education program is inappropriate. The program must be approved by an area mental health board with a curriculum approved by the state alcohol and drug abuse authority. 

(b) A person convicted of an unlawful sale under paragraph (a) who is subsequently convicted of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor and shall be required to participate in a chemical dependency evaluation and treatment if so indicated by the evaluation. 

(c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully and intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor. Compliance with the terms of the sentence imposed before conviction under this paragraph is an absolute defense. 

152.21 THC THERAPEUTIC RESEARCH ACT.Subdivision 1.Findings and purpose. 
The legislature finds that scientific literature indicates promise for delta-9-tetrahydro-cannabinol (THC), the active component of marijuana, in alleviating certain side effects of cancer chemotherapy under strictly controlled medical circumstances. 

The legislature also finds that further research and strictly controlled experimentation regarding the therapeutic use of THC is necessary and desirable. The intent of this section is to establish an extensive research program to investigate and report on the therapeutic effects of THC under strictly controlled circumstances in compliance with all federal laws and regulations promulgated by the federal Food and Drug Administration, the National Institute on Drug Abuse and the Drug Enforcement Administration. The intent of the legislature is to allow this research program the greatest possible access to qualified cancer patients residing in Minnesota who meet protocol requirements. The establishment of this research program is not intended in any manner whatsoever to condone or promote the illicit recreational use of marijuana. 

Subd. 2.Definitions. 
For purposes of this section, the following terms shall have the meanings given. 

(a) "Commissioner" means the commissioner of health. 

(b) "Marijuana" means marijuana as defined in section 152.01, subdivision 9, and delta-9-tetrahydro-cannabinol (THC), tetrahydrocannabinols or a chemical derivative of tetrahydrocannabinols, and all species of the genus Cannabis. 

(c) "Principal investigator" means the individual responsible for the medical and scientific aspects of the research, development of protocol, and contacting and qualifying the clinical investigators in the state. 

(d) "Clinical investigators" means those individuals who conduct the clinical trials. 

(e) "Sponsor" means that individual or organization who, acting on behalf of the state, has the total responsibility for the state program. 

Subd. 3.Research grant. 
The commissioner of health shall grant funds to the principal investigator selected by the commissioner pursuant to subdivision 4 for the purpose of conducting a research program under a protocol approved by the FDA regarding the therapeutic use of oral THC and other dosage forms, if available, according to the guidelines and requirements of the federal Food and Drug Administration, the Drug Enforcement Administration and the National Institute on Drug Abuse. The commissioner shall ensure that the research principal investigator complies with the requirements of subdivision 5. The commissioner may designate the principal investigator as the sponsor. 

Subd. 4.Principal investigator. 
Within three months of April 25, 1980, the commissioner shall, in consultation with a representative chosen by the state Board of Pharmacy and a representative chosen by the state Board of Medical Examiners, select a person or research organization to be the principal investigator of the research program. 

Subd. 5.Duties. 
The principal investigator shall: 

(1) apply to the Food and Drug Administration for a notice of "Claimed Investigational Exemption for a New Drug (IND)" pursuant to the Federal Food, Drug and Cosmetic Act, United States Code, title 21, section 301, et seq., and shall comply with all applicable laws and regulations of the federal Food and Drug Administration, the Drug Enforcement Administration, and the National Institute on Drug Abuse in establishing the program; 

(2) notify every oncologist in the state of the program, explain the purposes and requirements of the program to them, provide on request each of them with a copy of the approved protocol which shall include summaries of current papers in medical journals reporting on research concerning the safety, efficacy and appropriate use of THC in alleviating the nausea and emetic effects of cancer chemotherapy, and provide on request each of them with a bibliography of other articles published in medical journals; 

(3) allow each oncologist (clinical investigator) in the state who meets or agrees to meet all applicable federal requirements for investigational new drug research and who so requests to be included in the research program as a clinical investigator to conduct the clinical trials; 

(4) provide explanatory information and assistance to each clinical investigator in understanding the nature of therapeutic use of THC within program requirements, including the informed consent document contained in the protocol, informing and counseling patients involved in the program regarding the appropriate use and the effects of therapeutic use of THC; 

(5) apply to contract with the National Institute on Drug Abuse for receipt of dosage forms of THC, fully characterized as to contents and delivery to the human system, pursuant to regulations promulgated by the National Institute on Drug Abuse, and the federal Food and Drug Administration. The principal investigator shall ensure delivery of the THC dosages to clinical investigators as needed for participation in the program; 

(6) conduct the research program in compliance with federal laws and regulations promulgated by the federal Food and Drug Administration, the Drug Enforcement Administration, the National Institute on Drug Abuse, and the purposes and provisions of this section; 

(7) submit periodic reports as determined by the commissioner on the numbers of oncologists and patients involved in the program and the results of the program; 

(8) submit reports on intermediate or final research results, as appropriate, to the major scientific journals in the United States; and 

(9) otherwise comply with the provisions of this section. 

Subd. 6.Exemption from criminal sanctions. 
For the purposes of this section, the following are not violations under this chapter: 

(1) use or possession of THC, or both, by a patient in the research program; 

(2) possession, prescribing use of, administering, or dispensing THC, or any combination of these actions, by the principal investigator or by any clinical investigator; and 

(3) possession or distribution of THC, or both, by a pharmacy registered to handle Schedule I substances which stores THC on behalf of the principal investigator or a clinical investigator. 

THC obtained and distributed pursuant to this section is not subject to forfeiture under sections 609.531 to 609.5316. 

For the purposes of this section, THC is removed from Schedule I contained in section 152.02, subdivision 2, and inserted in Schedule II contained in section 152.02, subdivision 3. 

Subd. 7.Citation. 
This section may be cited as the "THC Therapeutic Research Act." 

152.22 DEFINITIONS.Subdivision 1.Applicability. 
For purposes of sections 152.22 to 152.37, the terms defined in this section have the meanings given them. 

Subd. 2.Commissioner. 
"Commissioner" means the commissioner of health. 

Subd. 3.Disqualifying felony offense. 
"Disqualifying felony offense" means a violation of a state or federal controlled substance law that is a felony under Minnesota law, or would be a felony if committed in Minnesota, regardless of the sentence imposed, unless the commissioner determines that the person's conviction was for the medical use of cannabis or assisting with the medical use of cannabis. 

Subd. 4.Health care practitioner. 
"Health care practitioner" means a Minnesota licensed doctor of medicine, a Minnesota licensed physician assistant, or a Minnesota licensed advanced practice registered nurse who has the primary responsibility for the care and treatment of the qualifying medical condition of a person diagnosed with a qualifying medical condition. 

Subd. 5.Health records. 
"Health records" means health records as defined in section 144.291, subdivision 2, paragraph (c). 

Subd. 5a.Hemp. 
"Hemp" has the meaning given to industrial hemp in section 18K.02, subdivision 3. 

Subd. 5b.Hemp grower. 
"Hemp grower" means a person licensed by the commissioner of agriculture under chapter 18K to grow hemp for commercial purposes. 

Subd. 6.Medical cannabis. 
(a) "Medical cannabis" means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of: 

(1) liquid, including, but not limited to, oil; 

(2) pill; 

(3) vaporized delivery method with use of liquid or oil; 

(4) combustion with use of dried raw cannabis; or 

(5) any other method approved by the commissioner. 

(b) This definition includes any part of the genus cannabis plant prior to being processed into a form allowed under paragraph (a), that is possessed by a person while that person is engaged in employment duties necessary to carry out a requirement under sections 152.22 to 152.37 for a registered manufacturer or a laboratory under contract with a registered manufacturer. This definition also includes any hemp acquired by a manufacturer by a hemp grower as permitted under section 152.29, subdivision 1, paragraph (b). 

Subd. 7.Medical cannabis manufacturer. 
"Medical cannabis manufacturer" or "manufacturer" means an entity registered by the commissioner to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and educational materials. 

Subd. 8.Medical cannabis product. 
"Medical cannabis product" means any delivery device or related supplies and educational materials used in the administration of medical cannabis for a patient with a qualifying medical condition enrolled in the registry program. 

Subd. 9.Patient. 
"Patient" means a Minnesota resident who has been diagnosed with a qualifying medical condition by a health care practitioner and who has otherwise met any other requirements for patients under sections 152.22 to 152.37 to participate in the registry program under sections 152.22 to 152.37. 

Subd. 10.Patient registry number. 
"Patient registry number" means a unique identification number assigned by the commissioner to a patient enrolled in the registry program. 

Subd. 11.Registered designated caregiver. 
"Registered designated caregiver" means a person who: 

(1) is at least 18 years old; 

(2) does not have a conviction for a disqualifying felony offense; 

(3) has been approved by the commissioner to assist a patient who requires assistance in administering medical cannabis or obtaining medical cannabis from a distribution facility; and 

(4) is authorized by the commissioner to assist the patient with the use of medical cannabis. 

Subd. 12.Registry program. 
"Registry program" means the patient registry established in sections 152.22 to 152.37. 

Subd. 13.Registry verification. 
"Registry verification" means the verification provided by the commissioner that a patient is enrolled in the registry program and that includes the patient's name, registry number, and, if applicable, the name of the patient's registered designated caregiver or parent, legal guardian, or spouse. 

Subd. 14.Qualifying medical condition. 
"Qualifying medical condition" means a diagnosis of any of the following conditions: 

(1) cancer, if the underlying condition or treatment produces one or more of the following: 

(i) severe or chronic pain; 

(ii) nausea or severe vomiting; or 

(iii) cachexia or severe wasting; 

(2) glaucoma; 

(3) human immunodeficiency virus or acquired immune deficiency syndrome; 

(4) Tourette's syndrome; 

(5) amyotrophic lateral sclerosis; 

(6) seizures, including those characteristic of epilepsy; 

(7) severe and persistent muscle spasms, including those characteristic of multiple sclerosis; 

(8) inflammatory bowel disease, including Crohn's disease; 

(9) terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more of the following: 

(i) severe or chronic pain; 

(ii) nausea or severe vomiting; or 

(iii) cachexia or severe wasting; or 

(10) any other medical condition or its treatment approved by the commissioner. 

152.23 LIMITATIONS.
(a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does not prevent the imposition of any civil, criminal, or other penalties for: 

(1) undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice; 

(2) possessing or engaging in the use of medical cannabis: 

(i) on a school bus or van; 

(ii) on the grounds of any preschool or primary or secondary school; 

(iii) in any correctional facility; or 

(iv) on the grounds of any child care facility or home day care; 

(3) vaporizing or combusting medical cannabis pursuant to section 152.22, subdivision 6: 

(i) on any form of public transportation; 

(ii) where the vapor would be inhaled by a nonpatient minor child or where the smoke would be inhaled by a minor child; or 

(iii) in any public place, including any indoor or outdoor area used by or open to the general public or a place of employment as defined under section 144.413, subdivision 1b; and 

(4) operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat, or working on transportation property, equipment, or facilities while under the influence of medical cannabis. 

(b) Nothing in sections 152.22 to 152.37 require the medical assistance and MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with the medical use of cannabis. Medical assistance and MinnesotaCare shall continue to provide coverage for all services related to treatment of an enrollee's qualifying medical condition if the service is covered under chapter 256B or 256L. 

152.24 FEDERALLY APPROVED CLINICAL TRIALS.
The commissioner may prohibit enrollment of a patient in the registry program if the patient is simultaneously enrolled in a federally approved clinical trial for the treatment of a qualifying medical condition with medical cannabis. The commissioner shall provide information to all patients enrolled in the registry program on the existence of federally approved clinical trials for the treatment of the patient's qualifying medical condition with medical cannabis as an alternative to enrollment in the patient registry program. 

152.25 COMMISSIONER DUTIES.Subdivision 1.Medical cannabis manufacturer registration. 
(a) The commissioner shall register two in-state manufacturers for the production of all medical cannabis within the state. A registration agreement between the commissioner and a manufacturer is nontransferable. The commissioner shall register new manufacturers or reregister the existing manufacturers by December 1 every two years, using the factors described in this subdivision. The commissioner shall accept applications after December 1, 2014, if one of the manufacturers registered before December 1, 2014, ceases to be registered as a manufacturer. The commissioner's determination that no manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial review in Ramsey County District Court. Data submitted during the application process are private data on individuals or nonpublic data as defined in section 13.02 until the manufacturer is registered under this section. Data on a manufacturer that is registered are public data, unless the data are trade secret or security information under section 13.37. 

(b) As a condition for registration, a manufacturer must agree to: 

(1) begin supplying medical cannabis to patients by July 1, 2015; and 

(2) comply with all requirements under sections 152.22 to 152.37. 

(c) The commissioner shall consider the following factors when determining which manufacturer to register: 

(1) the technical expertise of the manufacturer in cultivating medical cannabis and converting the medical cannabis into an acceptable delivery method under section 152.22, subdivision 6; 

(2) the qualifications of the manufacturer's employees; 

(3) the long-term financial stability of the manufacturer; 

(4) the ability to provide appropriate security measures on the premises of the manufacturer; 

(5) whether the manufacturer has demonstrated an ability to meet the medical cannabis production needs required by sections 152.22 to 152.37; and 

(6) the manufacturer's projection and ongoing assessment of fees on patients with a qualifying medical condition. 

(d) If an officer, director, or controlling person of the manufacturer pleads or is found guilty of intentionally diverting medical cannabis to a person other than allowed by law under section 152.33, subdivision 1, the commissioner may decide not to renew the registration of the manufacturer, provided the violation occurred while the person was an officer, director, or controlling person of the manufacturer. 

(e) The commissioner shall require each medical cannabis manufacturer to contract with an independent laboratory to test medical cannabis produced by the manufacturer. The commissioner shall approve the laboratory chosen by each manufacturer and require that the laboratory report testing results to the manufacturer in a manner determined by the commissioner. 

Subd. 1a.Revocation or nonrenewal of a medical cannabis manufacturer registration. 
If the commissioner intends to revoke or not renew a registration issued under this section, the commissioner must first notify in writing the manufacturer against whom the action is to be taken and provide the manufacturer with an opportunity to request a hearing under the contested case provisions of chapter 14. If the manufacturer does not request a hearing by notifying the commissioner in writing within 20 days after receipt of the notice of proposed action, the commissioner may proceed with the action without a hearing. For revocations, the registration of a manufacturer is considered revoked on the date specified in the commissioner's written notice of revocation. 

Subd. 1b.Temporary suspension proceedings. 
The commissioner may institute proceedings to temporarily suspend the registration of a medical cannabis manufacturer for a period of up to 90 days by notifying the manufacturer in writing if any action by an employee, agent, officer, director, or controlling person of the manufacturer: 

(1) violates any of the requirements of sections 152.21 to 152.37 or the rules adopted thereunder; 

(2) permits, aids, or abets the commission of any violation of state law at the manufacturer's location for cultivation, harvesting, manufacturing, packaging, and processing or at any site for distribution of medical cannabis; 

(3) performs any act contrary to the welfare of a registered patient or registered designated caregiver; or 

(4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation. 

Subd. 1c.Notice to patients. 
Upon the revocation or nonrenewal of a manufacturer's registration under subdivision 1a or implementation of an enforcement action under subdivision 1b that may affect the ability of a registered patient, registered designated caregiver, or a registered patient's parent, legal guardian, or spouse to obtain medical cannabis from the manufacturer subject to the enforcement action, the commissioner shall notify in writing each registered patient and the patient's registered designated caregiver or registered patient's parent, legal guardian, or spouse about the outcome of the proceeding and information regarding alternative registered manufacturers. This notice must be provided two or more business days prior to the effective date of the revocation, nonrenewal, or other enforcement action. 

Subd. 2.Range of compounds and dosages; report. 
The commissioner shall review and publicly report the existing medical and scientific literature regarding the range of recommended dosages for each qualifying condition and the range of chemical compositions of any plant of the genus cannabis that will likely be medically beneficial for each of the qualifying medical conditions. The commissioner shall make this information available to patients with qualifying medical conditions beginning December 1, 2014, and update the information annually. The commissioner may consult with the independent laboratory under contract with the manufacturer or other experts in reporting the range of recommended dosages for each qualifying medical condition, the range of chemical compositions that will likely be medically beneficial, and any risks of noncannabis drug interactions. The commissioner shall consult with each manufacturer on an annual basis on medical cannabis offered by the manufacturer. The list of medical cannabis offered by a manufacturer shall be published on the Department of Health website. 

Subd. 3.Deadlines. 
 The commissioner shall adopt rules necessary for the manufacturer to begin distribution of medical cannabis to patients under the registry program by July 1, 2015, and have notice of proposed rules published in the State Register prior to January 1, 2015. 

Subd. 4.Reports. 
(a) The commissioner shall provide regular updates to the task force on medical cannabis therapeutic research and to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services, public safety, judiciary, and civil law regarding: (1) any changes in federal law or regulatory restrictions regarding the use of medical cannabis or hemp; and (2) the market demand and supply in this state for products made from hemp that can be used for medicinal purposes. 

(b) The commissioner may submit medical research based on the data collected under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement authority over medical cannabis to demonstrate the effectiveness of medical cannabis for treating a qualifying medical condition. 

152.26 RULEMAKING.
(a) The commissioner may adopt rules to implement sections 152.22 to 152.37. Rules for which notice is published in the State Register before January 1, 2015, may be adopted using the process in section 14.389. 

(b) The commissioner may adopt or amend rules, using the procedure in section 14.386, paragraph (a), to implement the addition of dried raw cannabis as an allowable form of medical cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section 14.386, paragraph (b), does not apply to these rules. 

152.261 RULES; ADVERSE INCIDENTS.
(a) The commissioner of health shall adopt rules to establish requirements for reporting incidents when individuals who are not authorized to possess medical cannabis under sections 152.22 to 152.37 are found in possession of medical cannabis. The rules must identify professionals required to report, the information they are required to report, and actions the reporter must take to secure the medical cannabis. 

(b) The commissioner of health shall adopt rules to establish requirements for law enforcement officials and health care professionals to report incidents involving an overdose of medical cannabis to the commissioner of health. 

(c) Rules must include the method by which the commissioner will collect and tabulate reports of unauthorized possession and overdose. 

152.27 PATIENT REGISTRY PROGRAM ESTABLISHED.Subdivision 1.Patient registry program; establishment. 
(a) The commissioner shall establish a patient registry program to evaluate data on patient demographics, effective treatment options, clinical outcomes, and quality-of-life outcomes for the purpose of reporting on the benefits, risks, and outcomes regarding patients with a qualifying medical condition engaged in the therapeutic use of medical cannabis. 

(b) The establishment of the registry program shall not be construed or interpreted to condone or promote the illicit recreational use of marijuana. 

Subd. 2.Commissioner duties. 
(a) The commissioner shall: 

(1) give notice of the program to health care practitioners in the state who are eligible to serve as health care practitioners and explain the purposes and requirements of the program; 

(2) allow each health care practitioner who meets or agrees to meet the program's requirements and who requests to participate, to be included in the registry program to collect data for the patient registry; 

(3) provide explanatory information and assistance to each health care practitioner in understanding the nature of therapeutic use of medical cannabis within program requirements; 

(4) create and provide a certification to be used by a health care practitioner for the practitioner to certify whether a patient has been diagnosed with a qualifying medical condition and include in the certification an option for the practitioner to certify whether the patient, in the health care practitioner's medical opinion, is developmentally or physically disabled and, as a result of that disability, the patient requires assistance in administering medical cannabis or obtaining medical cannabis from a distribution facility; 

(5) supervise the participation of the health care practitioner in conducting patient treatment and health records reporting in a manner that ensures stringent security and record-keeping requirements and that prevents the unauthorized release of private data on individuals as defined by section 13.02; 

(6) develop safety criteria for patients with a qualifying medical condition as a requirement of the patient's participation in the program, to prevent the patient from undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice on the part of the patient; and 

(7) conduct research and studies based on data from health records submitted to the registry program and submit reports on intermediate or final research results to the legislature and major scientific journals. The commissioner may contract with a third party to complete the requirements of this clause. Any reports submitted must comply with section 152.28, subdivision 2. 

(b) The commissioner may add a delivery method under section 152.22, subdivision 6, or add, remove, or modify a qualifying medical condition under section 152.22, subdivision 14, upon a petition from a member of the public or the task force on medical cannabis therapeutic research or as directed by law. The commissioner shall evaluate all petitions to add a qualifying medical condition or to remove or modify an existing qualifying medical condition submitted by the task force on medical cannabis therapeutic research or as directed by law and may make the addition, removal, or modification if the commissioner determines the addition, removal, or modification is warranted based on the best available evidence and research. If the commissioner wishes to add a delivery method under section 152.22, subdivision 6, or add or remove a qualifying medical condition under section 152.22, subdivision 14, the commissioner must notify the chairs and ranking minority members of the legislative policy committees having jurisdiction over health and public safety of the addition or removal and the reasons for its addition or removal, including any written comments received by the commissioner from the public and any guidance received from the task force on medical cannabis research, by January 15 of the year in which the commissioner wishes to make the change. The change shall be effective on August 1 of that year, unless the legislature by law provides otherwise. 

Subd. 3.Patient application. 
(a) The commissioner shall develop a patient application for enrollment into the registry program. The application shall be available to the patient and given to health care practitioners in the state who are eligible to serve as health care practitioners. The application must include: 

(1) the name, mailing address, and date of birth of the patient; 

(2) the name, mailing address, and telephone number of the patient's health care practitioner; 

(3) the name, mailing address, and date of birth of the patient's designated caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will be acting as a caregiver; 

(4) a copy of the certification from the patient's health care practitioner that is dated within 90 days prior to submitting the application that certifies that the patient has been diagnosed with a qualifying medical condition; and 

(5) all other signed affidavits and enrollment forms required by the commissioner under sections 152.22 to 152.37, including, but not limited to, the disclosure form required under paragraph (c). 

(b) The commissioner shall require a patient to resubmit a copy of the certification from the patient's health care practitioner on a yearly basis and shall require that the recertification be dated within 90 days of submission. 

(c) The commissioner shall develop a disclosure form and require, as a condition of enrollment, all patients to sign a copy of the disclosure. The disclosure must include: 

(1) a statement that, notwithstanding any law to the contrary, the commissioner, or an employee of any state agency, may not be held civilly or criminally liable for any injury, loss of property, personal injury, or death caused by any act or omission while acting within the scope of office or employment under sections 152.22 to 152.37; and 

(2) the patient's acknowledgment that enrollment in the patient registry program is conditional on the patient's agreement to meet all of the requirements of sections 152.22 to 152.37. 

Subd. 4.Registered designated caregiver. 
(a) The commissioner shall register a designated caregiver for a patient if the patient requires assistance in administering medical cannabis or obtaining medical cannabis from a distribution facility and the caregiver has agreed, in writing, to be the patient's designated caregiver. As a condition of registration as a designated caregiver, the commissioner shall require the person to: 

(1) be at least 18 years of age; 

(2) agree to only possess the patient's medical cannabis for purposes of assisting the patient; and 

(3) agree that if the application is approved, the person will not be a registered designated caregiver for more than six registered patients at one time. Patients who reside in the same residence shall count as one patient. 

(b) The commissioner shall conduct a criminal background check on the designated caregiver prior to registration to ensure that the person does not have a conviction for a disqualifying felony offense. Any cost of the background check shall be paid by the person seeking registration as a designated caregiver. A designated caregiver must have the criminal background check renewed every two years. 

(c) Nothing in sections 152.22 to 152.37 shall be construed to prevent a person registered as a designated caregiver from also being enrolled in the registry program as a patient and possessing and using medical cannabis as a patient. 

Subd. 5.Parents, legal guardians, and spouses. 
A parent, legal guardian, or spouse of a patient may act as the caregiver to the patient without having to register as a designated caregiver. The parent, legal guardian, or spouse shall follow all of the requirements of parents, legal guardians, and spouses listed in sections 152.22 to 152.37. Nothing in sections 152.22 to 152.37 limits any legal authority a parent, legal guardian, or spouse may have for the patient under any other law. 

Subd. 6.Patient enrollment. 
(a) After receipt of a patient's application, application fees, and signed disclosure, the commissioner shall enroll the patient in the registry program and issue the patient and patient's registered designated caregiver or parent, legal guardian, or spouse, if applicable, a registry verification. The commissioner shall approve or deny a patient's application for participation in the registry program within 30 days after the commissioner receives the patient's application and application fee. The commissioner may approve applications up to 60 days after the receipt of a patient's application and application fees until January 1, 2016. A patient's enrollment in the registry program shall only be denied if the patient: 

(1) does not have certification from a health care practitioner that the patient has been diagnosed with a qualifying medical condition; 

(2) has not signed and returned the disclosure form required under subdivision 3, paragraph (c), to the commissioner; 

(3) does not provide the information required; 

(4) has previously been removed from the registry program for violations of section 152.30 or 152.33; or 

(5) provides false information. 

(b) The commissioner shall give written notice to a patient of the reason for denying enrollment in the registry program. 

(c) Denial of enrollment into the registry program is considered a final decision of the commissioner and is subject to judicial review under the Administrative Procedure Act pursuant to chapter 14. 

(d) A patient's enrollment in the registry program may only be revoked upon the death of the patient or if a patient violates a requirement under section 152.30 or 152.33. 

(e) The commissioner shall develop a registry verification to provide to the patient, the health care practitioner identified in the patient's application, and to the manufacturer. The registry verification shall include: 

(1) the patient's name and date of birth; 

(2) the patient registry number assigned to the patient; and 

(3) the name and date of birth of the patient's registered designated caregiver, if any, or the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will be acting as a caregiver. 

Subd. 7.Notice requirements. 
Patients and registered designated caregivers shall notify the commissioner of any address or name change within 30 days of the change having occurred. A patient or registered designated caregiver is subject to a $100 fine for failure to notify the commissioner of the change. 

152.28 HEALTH CARE PRACTITIONER DUTIES.Subdivision 1.Health care practitioner duties. 
(a) Prior to a patient's enrollment in the registry program, a health care practitioner shall: 

(1) determine, in the health care practitioner's medical judgment, whether a patient suffers from a qualifying medical condition, and, if so determined, provide the patient with a certification of that diagnosis; 

(2) advise patients, registered designated caregivers, and parents, legal guardians, or spouses who are acting as caregivers of the existence of any nonprofit patient support groups or organizations; 

(3) provide explanatory information from the commissioner to patients with qualifying medical conditions, including disclosure to all patients about the experimental nature of therapeutic use of medical cannabis; the possible risks, benefits, and side effects of the proposed treatment; the application and other materials from the commissioner; and provide patients with the Tennessen warning as required by section 13.04, subdivision 2; and 

(4) agree to continue treatment of the patient's qualifying medical condition and report medical findings to the commissioner. 

(b) Upon notification from the commissioner of the patient's enrollment in the registry program, the health care practitioner shall: 

(1) participate in the patient registry reporting system under the guidance and supervision of the commissioner; 

(2) report health records of the patient throughout the ongoing treatment of the patient to the commissioner in a manner determined by the commissioner and in accordance with subdivision 2; 

(3) determine, on a yearly basis, if the patient continues to suffer from a qualifying medical condition and, if so, issue the patient a new certification of that diagnosis; and 

(4) otherwise comply with all requirements developed by the commissioner. 

(c) A health care practitioner may conduct a patient assessment to issue a recertification as required under paragraph (b), clause (3), via telehealth, as defined in section 62A.673, subdivision 2. 

(d) Nothing in this section requires a health care practitioner to participate in the registry program. 

Subd. 2.Data. 
Data collected on patients by a health care practitioner and reported to the patient registry are health records under section 144.291, and are private data on individuals under section 13.02, but may be used or reported in an aggregated, nonidentifiable form as part of a scientific, peer-reviewed publication of research conducted under section 152.25 or in the creation of summary data, as defined in section 13.02, subdivision 19. 

Subd. 3.Advertising restrictions. 
(a) A health care practitioner shall not publish or cause to be published any advertisement that: 

(1) contains false or misleading statements about medical cannabis or about the medical cannabis registry program; 

(2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass; 

(3) states or implies the health care practitioner is endorsed by the Department of Health or by the medical cannabis registry program; 

(4) includes images of cannabis in its plant or leaf form or of cannabis-smoking paraphernalia; or 

(5) contains medical symbols that could reasonably be confused with symbols of established medical associations or groups. 

(b) A health care practitioner found by the commissioner to have violated this subdivision is prohibited from certifying that patients have a qualifying medical condition for purposes of patient participation in the registry program. The commissioner's decision that a health care practitioner has violated this subdivision is a final decision of the commissioner and is not subject to the contested case procedures in chapter 14. 

152.29 MANUFACTURER OF MEDICAL CANNABIS DUTIES.Subdivision 1.Manufacturer; requirements. 
(a) A manufacturer may operate eight distribution facilities, which may include the manufacturer's single location for cultivation, harvesting, manufacturing, packaging, and processing but is not required to include that location. The commissioner shall designate the geographical service areas to be served by each manufacturer based on geographical need throughout the state to improve patient access. A manufacturer shall not have more than two distribution facilities in each geographical service area assigned to the manufacturer by the commissioner. A manufacturer shall operate only one location where all cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis shall be conducted. This location may be one of the manufacturer's distribution facility sites. The additional distribution facilities may dispense medical cannabis and medical cannabis products but may not contain any medical cannabis in a form other than those forms allowed under section 152.22, subdivision 6, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, packaging, or processing at the other distribution facility sites. Any distribution facility operated by the manufacturer is subject to all of the requirements applying to the manufacturer under sections 152.22 to 152.37, including, but not limited to, security and distribution requirements. 

(b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may acquire hemp products produced by a hemp processor. A manufacturer may manufacture or process hemp and hemp products into an allowable form of medical cannabis under section 152.22, subdivision 6. Hemp and hemp products acquired by a manufacturer under this paragraph are subject to the same quality control program, security and testing requirements, and other requirements that apply to medical cannabis under sections 152.22 to 152.37 and Minnesota Rules, chapter 4770. 

(c) A medical cannabis manufacturer shall contract with a laboratory approved by the commissioner, subject to any additional requirements set by the commissioner, for purposes of testing medical cannabis manufactured or hemp or hemp products acquired by the medical cannabis manufacturer as to content, contamination, and consistency to verify the medical cannabis meets the requirements of section 152.22, subdivision 6. The cost of laboratory testing shall be paid by the manufacturer. 

(d) The operating documents of a manufacturer must include: 

(1) procedures for the oversight of the manufacturer and procedures to ensure accurate record keeping; 

(2) procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing medical cannabis; and 

(3) procedures for the delivery and transportation of hemp between hemp growers and manufacturers and for the delivery and transportation of hemp products between hemp processors and manufacturers. 

(e) A manufacturer shall implement security requirements, including requirements for the delivery and transportation of hemp and hemp products, protection of each location by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system. 

(f) A manufacturer shall not share office space with, refer patients to a health care practitioner, or have any financial relationship with a health care practitioner. 

(g) A manufacturer shall not permit any person to consume medical cannabis on the property of the manufacturer. 

(h) A manufacturer is subject to reasonable inspection by the commissioner. 

(i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151. 

(j) A medical cannabis manufacturer may not employ any person who is under 21 years of age or who has been convicted of a disqualifying felony offense. An employee of a medical cannabis manufacturer must submit a completed criminal history records check consent form, a full set of classifiable fingerprints, and the required fees for submission to the Bureau of Criminal Apprehension before an employee may begin working with the manufacturer. The bureau must conduct a Minnesota criminal history records check and the superintendent is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history record information. The bureau shall return the results of the Minnesota and federal criminal history records checks to the commissioner. 

(k) A manufacturer may not operate in any location, whether for distribution or cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a public or private school existing before the date of the manufacturer's registration with the commissioner. 

(l) A manufacturer shall comply with reasonable restrictions set by the commissioner relating to signage, marketing, display, and advertising of medical cannabis. 

(m) Before a manufacturer acquires hemp from a hemp grower or hemp products from a hemp processor, the manufacturer must verify that the hemp grower or hemp processor has a valid license issued by the commissioner of agriculture under chapter 18K. 

(n) Until a state-centralized, seed-to-sale system is implemented that can track a specific medical cannabis plant from cultivation through testing and point of sale, the commissioner shall conduct at least one unannounced inspection per year of each manufacturer that includes inspection of: 

(1) business operations; 

(2) physical locations of the manufacturer's manufacturing facility and distribution facilities; 

(3) financial information and inventory documentation, including laboratory testing results; and 

(4) physical and electronic security alarm systems. 

Subd. 2.Manufacturer; production. 
(a) A manufacturer of medical cannabis shall provide a reliable and ongoing supply of all medical cannabis needed for the registry program through cultivation by the manufacturer and through the purchase of hemp from hemp growers. 

(b) All cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis must take place in an enclosed, locked facility at a physical address provided to the commissioner during the registration process. 

(c) A manufacturer must process and prepare any medical cannabis plant material or hemp plant material into a form allowable under section 152.22, subdivision 6, prior to distribution of any medical cannabis. 

Subd. 3.Manufacturer; distribution. 
(a) A manufacturer shall require that employees licensed as pharmacists pursuant to chapter 151 be the only employees to give final approval for the distribution of medical cannabis to a patient. A manufacturer may transport medical cannabis or medical cannabis products that have been cultivated, harvested, manufactured, packaged, and processed by that manufacturer to another registered manufacturer for the other manufacturer to distribute. 

(b) A manufacturer may distribute medical cannabis products, whether or not the products have been manufactured by that manufacturer. 

(c) Prior to distribution of any medical cannabis, the manufacturer shall: 

(1) verify that the manufacturer has received the registry verification from the commissioner for that individual patient; 

(2) verify that the person requesting the distribution of medical cannabis is the patient, the patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse listed in the registry verification using the procedures described in section 152.11, subdivision 2d; 

(3) assign a tracking number to any medical cannabis distributed from the manufacturer; 

(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to chapter 151 has consulted with the patient to determine the proper dosage for the individual patient after reviewing the ranges of chemical compositions of the medical cannabis and the ranges of proper dosages reported by the commissioner. For purposes of this clause, a consultation may be conducted remotely by secure videoconference, telephone, or other remote means, so long as the employee providing the consultation is able to confirm the identity of the patient and the consultation adheres to patient privacy requirements that apply to health care services delivered through telehealth. A pharmacist consultation under this clause is not required when a manufacturer is distributing medical cannabis to a patient according to a patient-specific dosage plan established with that manufacturer and is not modifying the dosage or product being distributed under that plan and the medical cannabis is distributed by a pharmacy technician; 

(5) properly package medical cannabis in compliance with the United States Poison Prevention Packing Act regarding child-resistant packaging and exemptions for packaging for elderly patients, and label distributed medical cannabis with a list of all active ingredients and individually identifying information, including: 

(i) the patient's name and date of birth; 

(ii) the name and date of birth of the patient's registered designated caregiver or, if listed on the registry verification, the name of the patient's parent or legal guardian, if applicable; 

(iii) the patient's registry identification number; 

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

(v) the dosage; and 

(6) ensure that the medical cannabis distributed contains a maximum of a 90-day supply of the dosage determined for that patient. 

(d) A manufacturer shall require any employee of the manufacturer who is transporting medical cannabis or medical cannabis products to a distribution facility or to another registered manufacturer to carry identification showing that the person is an employee of the manufacturer. 

(e) A manufacturer shall distribute medical cannabis in dried raw cannabis form only to a patient age 21 or older, or to the registered designated caregiver, parent, legal guardian, or spouse of a patient age 21 or older. 

Subd. 3a.Transportation of medical cannabis; staffing. 
(a) A medical cannabis manufacturer may staff a transport motor vehicle with only one employee if the medical cannabis manufacturer is transporting medical cannabis to either a certified laboratory for the purpose of testing or a facility for the purpose of disposal. If the medical cannabis manufacturer is transporting medical cannabis for any other purpose or destination, the transport motor vehicle must be staffed with a minimum of two employees as required by rules adopted by the commissioner. 

(b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only transporting hemp for any purpose may staff the transport motor vehicle with only one employee. 

Subd. 4.Report. 
Each manufacturer shall report to the commissioner on a monthly basis the following information on each individual patient for the month prior to the report: 

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

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

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

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

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

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

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

(c) A patient shall only receive medical cannabis from a registered manufacturer but is not required to receive medical cannabis products from only a registered manufacturer. 

152.31 DATA PRACTICES.
(a) Government data in patient files maintained by the commissioner and the health care practitioner, and data submitted to or by a medical cannabis manufacturer, are private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9, but may be used for purposes of complying with chapter 13 and complying with a request from the legislative auditor or the state auditor in the performance of official duties. The provisions of section 13.05, subdivision 11, apply to a registration agreement entered between the commissioner and a medical cannabis manufacturer under section 152.25. 

(b) Not public data maintained by the commissioner may not be used for any purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked in any manner with any other list, dataset, or database. 

(c) The commissioner may execute data sharing arrangements with the commissioner of agriculture to verify licensing, inspection, and compliance information related to hemp growers and hemp processors under chapter 18K. 

152.32 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPATION.Subdivision 1.Presumption. 
(a) There is a presumption that a patient enrolled in the registry program under sections 152.22 to 152.37 is engaged in the authorized use of medical cannabis. 

(b) The presumption may be rebutted by evidence that conduct related to use of medical cannabis was not for the purpose of treating or alleviating the patient's qualifying medical condition or symptoms associated with the patient's qualifying medical condition. 

Subd. 2.Criminal and civil protections. 
(a) Subject to section 152.23, the following are not violations under this chapter: 

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

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

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

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

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

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

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

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

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

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

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

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

Subd. 3.Discrimination prohibited. 
(a) No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for the person's status as a patient enrolled in the registry program under sections 152.22 to 152.37, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations. 

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

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

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

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

(d) An employee who is required to undergo employer drug testing pursuant to section 181.953 may present verification of enrollment in the patient registry as part of the employee's explanation under section 181.953, subdivision 6. 

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

152.33 VIOLATIONS.Subdivision 1.Intentional diversion; criminal penalty. 
In addition to any other applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally transfers medical cannabis to a person other than another registered manufacturer, a patient, a registered designated caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both. A person convicted under this subdivision may not continue to be affiliated with the manufacturer and is disqualified from further participation under sections 152.22 to 152.37. 

Subd. 1a.Intentional diversion outside the state; penalties. 
(a) In addition to any other applicable penalty in law, the commissioner may levy a fine of $250,000 against a manufacturer and may immediately initiate proceedings to revoke the manufacturer's registration, using the procedure in section 152.25, if: 

(1) an officer, director, or controlling person of the manufacturer pleads or is found guilty under subdivision 1 of intentionally transferring medical cannabis, while the person was an officer, director, or controlling person of the manufacturer, to a person other than allowed by law; and 

(2) in intentionally transferring medical cannabis to a person other than allowed by law, the officer, director, or controlling person transported or directed the transport of medical cannabis outside of Minnesota. 

(b) All fines collected under this subdivision shall be deposited in the state government special revenue fund. 

Subd. 2.Diversion by patient, registered designated caregiver, parent, legal guardian, or patient's spouse; criminal penalty. 
In addition to any other applicable penalty in law, a patient, registered designated caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient who intentionally sells or otherwise transfers medical cannabis to a person other than a patient, designated registered caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both. 

Subd. 3.False statement; criminal penalty. 
A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by payment of a fine of not more than $1,000, or both. The penalty is in addition to any other penalties that may apply for making a false statement or for the possession, cultivation, or sale of cannabis not protected by sections 152.22 to 152.37. If a person convicted of violating this subdivision is a patient or a registered designated caregiver, the person is disqualified from further participation under sections 152.22 to 152.37. 

Subd. 4.Submission of false records; criminal penalty. 
A person who knowingly submits false records or documentation required by the commissioner to register as a manufacturer of medical cannabis under sections 152.22 to 152.37 is guilty of a felony and may be sentenced to imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both. 

Subd. 5.Violation by health care practitioner; criminal penalty. 
A health care practitioner who knowingly refers patients to a manufacturer or to a designated caregiver, who advertises as a manufacturer, or who issues certifications while holding a financial interest in a manufacturer is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or by payment of a fine of not more than $1,000, or both. 

Subd. 6.Other violations; civil penalty. 
A manufacturer shall be fined up to $1,000 for any violation of sections 152.22 to 152.37, or the regulations issued pursuant to them, where no penalty has been specified. This penalty is in addition to any other applicable penalties in law. 

152.34 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, facilities owned, controlled, managed, or under common control with hospitals licensed under chapter 144, and other health facilities licensed by the commissioner of health, may adopt reasonable restrictions on the use of medical cannabis 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 will not store or maintain the patient's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for patients, and that medical cannabis be used only in a place specified by the facility. 

(b) Any employee or agent of a facility listed in this section or a person licensed under chapter 144E is not subject to violations under this chapter for possession of medical cannabis while carrying out employment duties, including providing or supervising care to a registered patient, or distribution of medical cannabis to a registered patient who resides at or is actively receiving treatment or care at the facility with which the employee or agent is affiliated. Nothing in this section shall require the facilities to adopt such restrictions and no facility shall unreasonably limit a patient's access to or use of medical cannabis to the extent that use is authorized by the patient under sections 152.22 to 152.37. 

152.35 FEES; DEPOSIT OF REVENUE.
(a) The commissioner shall collect an enrollment fee of $200 from patients enrolled under this section. If the patient provides evidence of receiving Social Security disability insurance (SSDI), Supplemental Security Income (SSI), veterans disability, or railroad disability payments, or being enrolled in medical assistance or MinnesotaCare, then the fee shall be $50. For purposes of this section: 

(1) a patient is considered to receive SSDI if the patient was receiving SSDI at the time the patient was transitioned to retirement benefits by the United States Social Security Administration; and 

(2) veterans disability payments include VA dependency and indemnity compensation. 

Unless a patient provides evidence of receiving payments from or participating in one of the programs specifically listed in this paragraph, the commissioner of health must collect the $200 enrollment fee from a patient to enroll the patient in the registry program. The fees shall be payable annually and are due on the anniversary date of the patient's enrollment. The fee amount shall be deposited in the state treasury and credited to the state government special revenue fund. 

(b) The commissioner shall collect an application fee of $20,000 from each entity submitting an application for registration as a medical cannabis manufacturer. Revenue from the fee shall be deposited in the state treasury and credited to the state government special revenue fund. 

(c) The commissioner shall establish and collect an annual fee from a medical cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in that year. Revenue from the fee amount shall be deposited in the state treasury and credited to the state government special revenue fund. 

(d) A medical cannabis manufacturer may charge patients enrolled in the registry program a reasonable fee for costs associated with the operations of the manufacturer. The manufacturer may establish a sliding scale of patient fees based upon a patient's household income and may accept private donations to reduce patient fees. 

152.36 IMPACT ASSESSMENT OF MEDICAL CANNABIS THERAPEUTIC RESEARCH.Subdivision 1.Task force on medical cannabis therapeutic research. 
(a) A 23-member task force on medical cannabis therapeutic research is created to conduct an impact assessment of medical cannabis therapeutic research. The task force shall consist of the following members: 

(1) two members of the house of representatives, one selected by the speaker of the house, the other selected by the minority leader; 

(2) two members of the senate, one selected by the majority leader, the other selected by the minority leader; 

(3) four members representing consumers or patients enrolled in the registry program, including at least two parents of patients under age 18; 

(4) four members representing health care providers, including one licensed pharmacist; 

(5) four members representing law enforcement, one from the Minnesota Chiefs of Police Association, one from the Minnesota Sheriff's Association, one from the Minnesota Police and Peace Officers Association, and one from the Minnesota County Attorneys Association; 

(6) four members representing substance use disorder treatment providers; and 

(7) the commissioners of health, human services, and public safety. 

(b) Task force members listed under paragraph (a), clauses (3), (4), (5), and (6), shall be appointed by the governor under the appointment process in section 15.0597. Members shall serve on the task force at the pleasure of the appointing authority. All members must be appointed by July 15, 2014, and the commissioner of health shall convene the first meeting of the task force by August 1, 2014. 

(c) There shall be two cochairs of the task force chosen from the members listed under paragraph (a). One cochair shall be selected by the speaker of the house and the other cochair shall be selected by the majority leader of the senate. The authority to convene meetings shall alternate between the cochairs. 

(d) Members of the task force other than those in paragraph (a), clauses (1), (2), and (7), shall receive expenses as provided in section 15.059, subdivision 6. 

Subd. 1a.Administration. 
The commissioner of health shall provide administrative and technical support to the task force. 

Subd. 2.Impact assessment. 
The task force shall hold hearings to evaluate the impact of the use of medical cannabis and hemp and Minnesota's activities involving medical cannabis and hemp, including, but not limited to: 

(1) program design and implementation; 

(2) the impact on the health care provider community; 

(3) patient experiences; 

(4) the impact on the incidence of substance abuse; 

(5) access to and quality of medical cannabis, hemp, and medical cannabis products; 

(6) the impact on law enforcement and prosecutions; 

(7) public awareness and perception; and 

(8) any unintended consequences. 

Subd. 3.Cost assessment. 
By January 15 of each year, beginning January 15, 2015, and ending January 15, 2019, the commissioners of state departments impacted by the medical cannabis therapeutic research study shall report to the cochairs of the task force on the costs incurred by each department on implementing sections 152.22 to 152.37. The reports must compare actual costs to the estimated costs of implementing these sections and must be submitted to the task force on medical cannabis therapeutic research. 

Subd. 4.Reports to the legislature. 
(a) The cochairs of the task force shall submit the following reports to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services, public safety, judiciary, and civil law: 

(1) by February 1, 2015, a report on the design and implementation of the registry program; and every two years thereafter, a complete impact assessment report; and 

(2) upon receipt of a cost assessment from a commissioner of a state agency, the completed cost assessment. 

(b) The task force may make recommendations to the legislature on whether to add or remove conditions from the list of qualifying medical conditions. 

Subd. 5.No expiration. 
The task force on medical cannabis therapeutic research does not expire. 

152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS.Subdivision 1.Financial records. 
A medical cannabis manufacturer shall maintain detailed financial records in a manner and format approved by the commissioner, and shall keep all records updated and accessible to the commissioner when requested. 

Subd. 2.Certified annual audit. 
A medical cannabis manufacturer shall submit the results of an annual certified financial audit to the commissioner no later than May 1 of each year for the calendar year beginning January 2015. The annual audit shall be conducted by an independent certified public accountant and the costs of the audit are the responsibility of the medical cannabis manufacturer. Results of the audit shall be provided to the medical cannabis manufacturer and the commissioner. The commissioner may also require another audit of the medical cannabis manufacturer by a certified public accountant chosen by the commissioner with the costs of the audit paid by the medical cannabis manufacturer. 

Subd. 3.Power to examine. 
(a) The commissioner or designee may examine the business affairs and conditions of any medical cannabis manufacturer, including but not limited to a review of the financing, budgets, revenues, sales, and pricing. 

(b) An examination may cover the medical cannabis manufacturer's business affairs, practices, and conditions including but not limited to a review of the financing, budgets, revenues, sales, and pricing. The commissioner shall determine the nature and scope of each examination and in doing so shall take into account all available relevant factors concerning the financial and business affairs, practices, and conditions of the examinee. The costs incurred by the department in conducting an examination shall be paid for by the medical cannabis manufacturer. 

(c) When making an examination under this section, the commissioner may retain attorneys, appraisers, independent economists, independent certified public accountants, or other professionals and specialists as designees. A certified public accountant retained by the commissioner may not be the same certified public accountant providing the certified annual audit in subdivision 2. 

(d) The commissioner shall make a report of an examination conducted under this section and provide a copy to the medical cannabis manufacturer. The commissioner shall then post a copy of the report on the department's website. All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination, other than the information contained in any commissioner official report, made under this section are private data on individuals or nonpublic data, as defined in section 13.02. 

4770.0100APPLICABILITY AND PURPOSE. 
Parts 4770.0200 to 4770.2700 establish the criteria and procedures to be used by the commissioner for the registration and oversight of a medical cannabis manufacturer. 

4770.0200DEFINITIONS. Subpart 1.Scope.  
The terms used in this chapter have the meanings given them in this part. 

Subp. 2.Acceptable performance or acceptable results.  
"Acceptable performance" or "acceptable results" means analytical test results generated by a laboratory using methods as specified in part 4770.2000 that are acceptable and allowed by the approved provider. 

Subp. 3.Approval.  
"Approval" means acknowledgment by the commissioner that a laboratory has the policies, personnel, validation procedures, and practices to produce reliable data in the analysis of analytes and contaminants described in part 4770.1900. 

Subp. 4.Approved provider.  
"Approved provider" means a provider of performance testing samples that the commissioner has determined: 

A. 
provides an adequate volume of samples to perform statistically valid analyses; 

B. 
calculates the number of standard deviations of the mean allowed using the results of all laboratories submitting test results after the exclusion of outlying values; and 

C. 
allows a range of standard deviations of the mean no less stringent than the range allowed by the general requirements for the competency of reference material producers in ISO Guide 34. 

Subp. 5.Audit.  
"Audit" means a financial review by an independent certified public accountant that includes select scope engagement or other methods of review that analyze operational or compliance issues. 

Subp. 5a.Audit sample.  
"Audit sample" means a representative sample necessary to complete audit testing of plant material, a dried raw cannabis batch, or a dried raw cannabis finished good collected for audit testing under part 4770.3035. 

Subp. 6.Batch. A. 
"Batch" means a specific quantity of medical cannabis, including a set of plants of the same variety of medical cannabis that have been grown, harvested, and processed together and exposed to substantially similar conditions throughout cultivation and processing, that: 

(1) 
is uniform and intended to meet specifications for identity, strength, purity, and composition; and 

(2) 
is produced according to a single batch production record executed and documented during the same cycle of manufacture. 

B. 
A batch of dried raw cannabis may not exceed 80 pounds. 

Subp. 7.Batch number.  
"Batch number" means a unique numeric or alphanumeric identifier assigned to a batch by a manufacturing facility when the batch is first planted. The batch number must contain the manufacturing facility number and a sequence to allow for inventory and traceability. 

Subp. 7a.Batch sample.  
"Batch sample" means a representative sample taken from a batch of dried raw cannabis prior to laboratory testing. 

Subp. 8.Biosecurity.  
"Biosecurity" means a set of preventative measures designed to reduce the risk of transmission of: 

A. 
infectious diseases in crops; 

B. 
quarantined pests; 

C. 
invasive alien species; and 

D. 
living modified organisms. 

Subp. 8a.CBD.  
"CBD" means the compound cannabidiol, CAS number 13956-29-1. 

Subp. 8b.CBDA.  
"CBDA" means cannabidiolic acid, CAS number 1244-58-2. 

Subp. 9.Certified financial audit.  
"Certified financial audit" means the annual financial audit required under Minnesota Statutes, section 152.37, subdivision 2. 

Subp. 9a.Chemical composition.  
"Chemical composition" means the distribution of individual components within a final formulation or finished good. This includes active ingredients, inactive ingredients, and other ingredients. Active ingredients include cannabinoids used to define a finished good in the registered products list. The concentration of each active ingredient may be given either in terms of milligram per milliliter (mg/mL) for liquids and milligram per gram (mg/g) for solids or in terms of mass fraction (weight percentage). 

Subp. 10.Commissioner.  
"Commissioner" means the commissioner of the Department of Health or the commissioner's designee. 

Subp. 10a.Crop input.  
"Crop input" means a substance other than water that is applied to or used in the cultivation of a cannabis plant for pest control, plant health, or growth management. Crop input includes pesticides, fungicides, plant regulators, fertilizers, and other agricultural chemicals regulated by the Minnesota Department of Agriculture. 

Subp. 11.Disqualifying felony offense.  
"Disqualifying felony offense" has the meaning given in Minnesota Statutes, section 152.22, subdivision 3. 

Subp. 12.Distribute or distribution.  
"Distribute" or "distribution" means the delivery of medical cannabis to a patient, the patient's parent or legal guardian, or the patient's registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who is participating in the registry program and who is authorized to receive medical cannabis. 

Subp. 13.Distribution facility.  
"Distribution facility" means any building or grounds of a medical cannabis manufacturer where the sale and distribution of medical cannabis and medical cannabis products are authorized. 

Subp. 14.Diversion.  
"Diversion" means the intentional transfer of medical cannabis to a person other than a patient, the patient's designated registered caregiver, or the patient's parent or legal guardian if the parent or legal guardian is listed on the registry verification. 

Subp. 14a.Dried raw cannabis.  
"Dried raw cannabis" means the dried leaves and flowers of the mature cannabis plant. Dried raw cannabis includes pre-rolled cannabis as long as the pre-roll consists of only dried cannabis leaves and flowers, an unflavored rolling paper, and a filter or tip. Dried raw cannabis does not include the cannabis seeds, seedlings, stems, stalks, roots, or any part of the immature cannabis plant. 

Subp. 15.Field of testing.  
"Field of testing" means the combination of product type and analyte for which a laboratory has applied or received approval by the commissioner. 

Subp. 16.Financial interest.  
"Financial interest" means any actual or future right to ownership, investment, or compensation arrangement in a medical cannabis manufacturer with another person, either directly or indirectly, through business, investment, or spouse, parent, or child relationship. Financial interest does not include ownership of investment securities in a publicly held corporation that is traded on a national exchange or over-the-counter market, provided the investment securities held by the person or the person's spouse, parent, or child, in the aggregate, do not exceed one percent ownership in the medical cannabis manufacturer. 

Subp. 16a.Finished good.  
"Finished good" means either an extract formulation that has been packaged and labeled for delivery to a medical cannabis distribution facility for distribution to patients or dried raw cannabis that has been packaged and labeled for delivery to a medical cannabis distribution facility. 

Subp. 16b.Flower.  
"Flower" means the flower of the cannabis plant. 

Subp. 17.Health care practitioner.  
"Health care practitioner" has the meaning given in Minnesota Statutes, section 152.22, subdivision 4. 

Subp. 17a.Immature plant.  
"Immature plant" means a nonflowering cannabis plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping, or seedling and is in a cultivation container. 

Subp. 18.Inspection.  
"Inspection" means an on-site evaluation of laboratory facilities, records, personnel, equipment, methodology, and quality assurance practices by the commissioner for compliance with this chapter. 

Subp. 19.International Standards Organization or ISO.  
The "International Standards Organization" or "ISO" means an independent, nongovernmental membership organization and the largest developer of voluntary international standards. 

Subp. 19a.Labeling.  
"Labeling" means all labels and other written, printed, or graphic matter on a packaged finished good or any container or wrapper accompanying the packaged finished good. 

Subp. 20.Laboratory managing agent.  
"Laboratory managing agent" means a person, as defined in Minnesota Statutes, section 326.71, subdivision 8, who is legally authorized to direct the activities of the laboratory and commit sufficient resources to comply with parts 4770.1900 to 4770.2400. 

Subp. 21.Laboratory.  
"Laboratory" means a fixed-based or mobile structure, a person, corporation, or other entity, including a government or tribal entity, that examines, analyzes, or tests samples. 

Subp. 22.Laboratory owner.  
"Laboratory owner" means a person who: 

A. 
is a sole proprietor of a laboratory; 

B. 
holds a partnership interest in a laboratory; or 

C. 
owns five percent or more of the shares in a corporation that owns a laboratory. 

Subp. 23.Laboratory technical manager.  
"Laboratory technical manager" means a person who is scientifically responsible to ensure the achievement and maintenance of quality and analytical standards or practice and who is in a supervisory, lead worker, or similarly named position within an organization. 

Subp. 24.Manufacturing or manufacture.  
"Manufacturing" or "manufacture" means the planting, cultivation, growing, and harvesting of cannabis and the process of converting harvested cannabis plant material into medical cannabis. 

Subp. 25.Manufacturing facility.  
"Manufacturing facility" means any secured building, space, grounds, and physical structure of a medical cannabis manufacturer for the cultivation, harvesting, packaging, and processing of medical cannabis and where access is restricted to designated employees of a medical cannabis manufacturer and escorted visitors. 

Subp. 26.Medical cannabis.  
"Medical cannabis" has the meaning given in Minnesota Statutes, section 152.22, subdivision 6. 

Subp. 26a.Medical cannabis brand name.  
"Medical cannabis brand name" means the name under which a medical cannabis concentrate, a medical cannabis concentrate formulation, or a dried raw cannabis product is marketed and distributed. 

Subp. 26b.Medical cannabis concentrate.  
"Medical cannabis concentrate" means a specific subset of medical cannabis that is produced by extracting cannabinoids from plant material. Categories of medical cannabis concentrate include products created using water-based, solvent-based, heat-based, or pressure-based extraction methods. Medical cannabis concentrate includes medical cannabis concentrate intended for use with a vaporizer delivery device or pressurized dose inhaler. 

Subp. 26c.Medical cannabis concentrate formulation.  
"Medical cannabis concentrate formulation" means a liquid, including oil, a pill, or any other formulation type approved by the commissioner under Minnesota Statutes, sections 152.22, subdivision 6, paragraph (a), and 152.27, subdivision 2, paragraph (b), infused with medical cannabis and other ingredients that will be packaged into a finished good without further change and is intended for use or consumption other than by smoking. Medical cannabis concentrate formulation includes oral suspensions, tinctures, lotions, ointments, and any other medical cannabis delivery method approved by the commissioner. 

Subp. 27.Medical cannabis manufacturer or manufacturer.  
"Medical cannabis manufacturer" or "manufacturer" has the meaning given in Minnesota Statutes, section 152.22, subdivision 7. 

Subp. 28.Medical cannabis product.  
"Medical cannabis product" has the meaning given in Minnesota Statutes, section 152.22, subdivision 8. 

Subp. 29.Medical cannabis waste.  
"Medical cannabis waste" means medical cannabis that is returned, damaged, defective, expired, or contaminated. 

Subp. 30.Parent or legal guardian.  
"Parent or legal guardian" has the meaning given in Minnesota Statutes, section 152.27, subdivision 5. 

Subp. 31.Patient.  
"Patient" has the meaning given in Minnesota Statutes, section 152.22, subdivision 9. 

Subp. 32.Plant material.  
"Plant material" means any cannabis plant, cutting, trimming, or clone that has roots or that is cultivated with the intention of growing roots. 

Subp. 33.Plant material waste.  
"Plant material waste" means plant material that is not used in the production of medical cannabis in a form allowable under Minnesota Statutes, section 152.22, subdivision 6. 

Subp. 33a.Plant regulator.  
"Plant regulator" has the meaning given in Minnesota Statutes, section 18B.01, subdivision 20. 

Subp. 33b.Pre-roll.  
"Pre-roll" means any combination of flower, shake, or leaf rolled in unflavored paper and intended to be smoked. 

Subp. 34.Production or produce.  
"Production" or "produce" means: 

A. 
cultivating or harvesting plant material; 

B. 
processing or manufacturing; or 

C. 
packaging of medical cannabis. 

Subp. 35.Proficiency testing sample or PT sample.  
"Proficiency testing sample" or "PT sample" means a sample obtained from an approved provider to evaluate the ability of a laboratory to produce an analytical test result meeting the definition of acceptable performance. The concentration of the analyte in the sample is unknown to the laboratory at the time of analysis. 

Subp. 36.Registered designated caregiver.  
"Registered designated caregiver" has the meaning given in Minnesota Statutes, section 152.22, subdivision 11. 

Subp. 36a.Registered finished goods list.  
"Registered finished goods list" means the official list maintained by the commissioner of finished goods permitted to be dispensed within the registry. The manufacturer must provide the commissioner the finished good's chemical composition, the total volume or weight of each active ingredient, storage instructions, and estimated expiration date. If a finished good will be dispensed in an amount larger than one unit or dose, the manufacturer must specify the volume or weight and chemical composition that constitutes a single dose. 

Subp. 37.Registry program.  
"Registry program" has the meaning given in Minnesota Statutes, section 152.22, subdivision 12. 

Subp. 38.Registry verification.  
"Registry verification" has the meaning given in Minnesota Statutes, section 152.22, subdivision 13. 

Subp. 38a.Remediation.  
"Remediation" means any process that removes or reduces the level of contaminants in a batch of dried raw cannabis flower and trim, either through extraction of oils or other means. 

Subp. 39.Restricted access area.  
"Restricted access area" means a building, room, or other contiguous area on the premises where plant material is grown, cultivated, harvested, stored, packaged, or processed for sale under control of the medical cannabis manufacturer, and where no person under the age of 21 is permitted. 

Subp. 39a.Rinsate.  
"Rinsate" means a dilute mixture of a crop input or crop inputs with water, solvents, oils, commercial rinsing agents, or other substances that is produced by or results from the cleaning of crop input application equipment or containers. 

Subp. 39b.Shake.  
"Shake" means pieces of a cannabis flower that were once part of larger buds. 

Subp. 40.Sufficient cause to believe.  
"Sufficient cause to believe" means grounds asserted in good faith that are not arbitrary, irrational, unreasonable, or irrelevant and that make the proposition asserted more likely than not, provided the grounds are based on at least one of the following sources: 

A. 
facts or statements supplied by a patient, the patient's parent or legal guardian, the patient's designated registered caregiver, or an employee or agent of a medical cannabis manufacturer; 

B. 
reports from an approved laboratory that indicate concerns with the chemical or bacterial composition of the medical cannabis; 

C. 
financial records of a medical cannabis manufacturer; 

D. 
police records; 

E. 
court documents; or 

F. 
facts of which the commissioner or the commissioner's employees have personal knowledge. 

Subp. 41.THC.  
"THC" means tetrahydrocannabinol, CAS number 1972-08-3. 

Subp. 42.THCA.  
"THCA" means tetrahydrocannabinolic acid, CAS number 23978-85-0. 

Subp. 43.Total cannabinoid content.  
"Total cannabinoid content" means the combined target values by weight of all cannabinoids defining a finished good in the registered finished goods list, not including cannabinoids present only in trace amounts. 

Subp. 44.Total CBD content.  
"Total CBD content" means the sum of the amount of CBD and 87.7 percent of the detectable amount of CBDA present in the product or plant material. 

Subp. 45.Total THC content.  
"Total THC content" means the sum of the amount of THC and 87.7 percent of the detectable amount of THCA present in the product or plant material. 

Subp. 46.Water activity.  
"Water activity" or "aw" means a measure of the free moisture in usable cannabis and is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature. 

4770.0300DUTIES OF COMMISSIONER. Subpart 1.Interagency agreements.  
The commissioner may enter into any interagency agreements with other state agencies for technical services or other assistance related to the regulatory or inspection duties of a medical cannabis manufacturer and the registry program. 

Subp. 2.Notice to law enforcement.  
If the commissioner has sufficient cause to believe that there is a threat to public safety, then the commissioner must notify local law enforcement agencies of any conditions that pose a threat to public safety, including: 

A. 
loss or theft of medical cannabis or plant material; 

B. 
diversion or potential diversion of medical cannabis or plant material; or 

C. 
unauthorized access to the patient registry. 

Subp. 3.Inspection of medical cannabis manufacturer.  
A medical cannabis manufacturer is subject to reasonable inspection by the commissioner under Minnesota Statutes, section 152.29, subdivision 1. For purposes of this part, "reasonable inspection" means unannounced inspections by the commissioner of all: 

A. 
aspects of the business operations; 

B. 
physical locations of the medical cannabis manufacturer, its manufacturing facility, and distribution facilities; 

C. 
financial information and inventory documentation; and 

D. 
physical and electronic security alarm systems. 

Subp. 4.Fees.  
Any fees collected by the commissioner under Minnesota Statutes, section 152.35, are not refundable. 

Subp. 5.Patient costs; pricing.  A. 
A medical cannabis manufacturer must follow the requirements under Minnesota Statutes, section 152.35, paragraph (d), in establishing a reasonable fee. 

B. 
The commissioner may annually review price costing by a medical cannabis manufacturer. 

4770.0400MEDICAL CANNABIS MANUFACTURER; OPERATIONS. Subpart 1.Operating documents.  
Under Minnesota Statutes, section 152.29, subdivision 1, the operating documents of a medical cannabis manufacturer must describe operational and management practices, including: 

A. 
record keeping; 

B. 
security measures to deter and prevent theft of medical cannabis; 

C. 
unauthorized entrance into areas containing medical cannabis; 

D. 
types and quantities of medical cannabis products that are produced at the manufacturing facility; 

E. 
methods of planting, harvesting, drying, and storage of medical cannabis; 

F. 
estimated quantity of all crop inputs used in production; 

G. 
estimated quantity of waste material to be generated; 

H. 
disposal methods for all waste materials; 

I. 
employee training methods for the specific phases of production; 

J. 
biosecurity measures used in production and in manufacturing; 

K. 
strategies for reconciling discrepancies in plant material or medical cannabis; 

L. 
sampling strategy and quality testing for labeling purposes; 

M. 
medical cannabis packaging and labeling procedures; 

N. 
procedures for the mandatory and voluntary recall of medical cannabis; 

O. 
plans for responding to a security breach at a manufacturing or distribution facility, or while medical cannabis is in transit to a manufacturing or distribution facility; 

P. 
business continuity plan; 

Q. 
records relating to all transport activities; and 

R. 
other information requested by the commissioner. 

Subp. 2.Prohibited activities. A. 
A person may not own and operate a manufacturing facility unless the person is registered as a medical cannabis manufacturer by the commissioner under Minnesota Statutes, section 152.25. 

B. 
A medical cannabis manufacturer and its employees, agents, or owners may not: 

(1) 
cultivate, produce, or manufacture medical cannabis in any location except in those areas designated for those activities in the registration agreement; 

(2) 
sell or distribute medical cannabis or medical cannabis products from any location except its distribution facilities; 

(3) 
produce or manufacture medical cannabis for use outside of Minnesota; 

(4) 
sell or distribute medical cannabis to any person other than a registered: 

(a) 
patient; 

(b) 
parent or legal guardian; or 

(c) 
designated registered caregiver; 

(5) 
deliver or transport medical cannabis to any location except the manufacturer's production facility or distribution facilities, a waste-to-energy facility, another manufacturer's distribution facilities, a testing laboratory approved by the commissioner, and a laboratory selected by the commissioner to conduct audit testing under part 4770.3035; 

(6) 
sell medical cannabis that is not packaged and labeled in accordance with part 4770.0850; or 

(7) 
permit the consumption of medical cannabis at a distribution facility. 

Subp. 3.Criminal background checks.  
A medical cannabis manufacturer is prohibited from employing any person who has a disqualifying felony offense as shown by a Minnesota criminal history background check or a federal criminal history background check performed by the Bureau of Criminal Apprehension under Minnesota Statutes, section 152.29, subdivision 1. 

Subp. 4.Conflict of interest; health care practitioner activity restrictions.  
A medical cannabis manufacturer may not: 

A. 
permit a health care practitioner who certifies qualifying conditions for patients to: 

(1) 
hold a direct or indirect economic interest in the medical cannabis manufacturer; 

(2) 
serve on the board of directors or as an employee of the medical cannabis manufacturer; or 

(3) 
advertise with the medical cannabis manufacturer in any capacity; 

B. 
accept or solicit any form of remuneration from a health care practitioner who certifies qualifying conditions for patients; or 

C. 
offer any form of remuneration from a health care practitioner who certifies qualifying conditions for patients. 

4770.0500MEDICAL CANNABIS MANUFACTURER; QUALITY CONTROL; ASSURANCE PROGRAM. Subpart 1.Quality control program.  
A medical cannabis manufacturer must develop and implement a written quality assurance program that assesses the chemical and microbiological composition of medical cannabis. Assessment includes a profile of the active ingredients, including shelf life, and the presence of inactive ingredients and contaminants. A medical cannabis manufacturer must use these testing results to determine appropriate storage conditions and expiration dates. 

Subp. 2.Sampling protocols.  
A medical cannabis manufacturer must develop and follow written procedures for sampling medical cannabis that require the manufacturer to: 

A. 
conduct sample collection in a manner that provides analytically sound and representative samples; 

B. 
document every sampling event and provide this documentation to the commissioner upon request; 

C. 
describe all sampling and testing plans in written procedures that include the sampling method and the number of units per batch to be tested;  

D. 
ensure that random samples from each batch are: 

(1) 
taken in an amount necessary to conduct the applicable test; 

(2) 
labeled with the batch unique identifier; and 

(3) 
submitted for testing; and 

E. 
retain the results from the random samples for at least five years. 

Subp. 3.Sampling; testing levels.  
A medical cannabis manufacturer must: 

A. 
develop acceptance criteria for all potential contaminants based on the levels of metals, microbes, or other contaminants that the manufacturer uses in cultivating and producing medical cannabis. The testing levels are subject to approval by the commissioner; 

B. 
conduct sampling and testing using acceptance criteria that are protective of patient health. The sampling and testing results must ensure that batches of medical cannabis meet allowable health risk limits for contaminants; 

C. 
reject a medical cannabis batch that fails to meet established standards, specifications, and any other relevant quality-control criteria; 

D. 
develop and follow a written procedure for responding to results indicating contamination. The procedure must include destroying contaminated medical cannabis and determining the source of contamination; and 

E. 
retain documentation of test results, assessment, and destruction of medical cannabis for at least five years. 

Subp. 4.Quality assurance program; stability testing.  A. 
The quality assurance program must include procedures for performing stability testing of each product type produced to determine product shelf life that addresses: 

(1) 
sample size and test intervals based on statistical criteria for each attribute examined to ensure valid stability estimates; 

(2) 
storage conditions for samples retained for testing; and 

(3) 
reliable and specific test methods. 

B. 
Stability studies must include: 

(1) 
medical cannabis testing at appropriate intervals; 

(2) 
medical cannabis testing in the same container-closure system in which the drug product is marketed; and 

(3) 
testing medical cannabis for reconstitution at the time of dispensing, as directed in the labeling, and after the samples are reconstituted. 

C. 
If shelf-life studies have not been completed before July 1, 2015, a medical cannabis manufacturer may assign a tentative expiration date, based on any available stability information. The manufacturer must concurrently conduct stability studies to determine the actual product expiration date. 

D. 
After the manufacturer verifies the tentative expiration date, or determines the appropriate expiration date, the medical cannabis manufacturer must include that expiration date on each batch of medical cannabis. 

E. 
Stability testing must be repeated if the manufacturing process or the product's chemical composition is changed. 

Subp. 5.Reserve samples.  A. 
A medical cannabis manufacturer must retain a uniquely labeled reserve sample that represents each batch of medical cannabis and store it under conditions consistent with product labeling. The reserve sample must be stored in the same immediate container-closure system in which the medical cannabis is marketed, or in one that has similar characteristics. The reserve sample must consist of at least twice the quantity necessary to perform all the required tests. 

B. 
A medical cannabis manufacturer must retain the reserve for at least one year following the batch's expiration date. 

Subp. 6.Retesting.  
If the commissioner deems that public health may be at risk, the commissioner may require the manufacturer to retest any sample of plant material or medical cannabis. 

4770.0600LOCATION; DISTANCE FROM SCHOOL. 
Under Minnesota Statutes, section 152.29, paragraph (j), a medical cannabis manufacturer may not operate within 1,000 feet of an existing public or private school. The medical cannabis manufacturer must measure the distance between the closest point of the manufacturing or distribution facility property lines to the closest point of the school's property lines. 

For purposes of this part, "public or private school" means any property operated by a school district, charter school, or accredited nonpublic school for elementary, middle, or secondary school, or secondary vocation center purposes. 

"Accredited nonpublic school" means any nonpublic school accredited by an accrediting agency recognized by the Minnesota nonpublic education council under Minnesota Statutes, section 123B.445, excluding home schools. 

4770.0800ADVERTISING AND MARKETING. Subpart 1.Permitted marketing and advertising activities.  
A medical cannabis manufacturer may: 

A. 
display the manufacturer's business name and logo on medical cannabis labels, signs, website, and informational material provided to patients. The name or logo must not include: 

(1) 
images of cannabis or cannabis-smoking paraphernalia; 

(2) 
colloquial references to cannabis; 

(3) 
names of cannabis plant strains; or 

(4) 
medical symbols that bear a reasonable resemblance to established medical associations. Examples of established medical organizations include the American Medical Association or American Academy of Pediatrics. The use of medical symbols is subject to approval by the commissioner; 

B. 
display signs on the manufacturing facility and distribution facility; and 

C. 
maintain a business website that contains the following information: 

(1) 
the medical cannabis manufacturer name; 

(2) 
the distribution facility location; 

(3) 
the contact information; 

(4) 
the distribution facility's hours of operation; 

(5) 
the medical cannabis products provided; 

(6) 
product pricing; and 

(7) 
other information as approved by the commissioner. 

Subp. 2.Marketing and advertising activities; commissioner approval required.  A. 
A medical cannabis manufacturer must request and receive the commissioner's written approval before beginning marketing or advertising activities that are not specified in subpart 1. 

B. 
The commissioner has 30 calendar days to approve marketing and advertising activities submitted under this subpart. 

Subp. 3.Inconspicuous display.  
A medical cannabis manufacturer must arrange displays of merchandise, interior signs, and other exhibits to prevent public viewing from outside the manufacturing facility and distribution facility. 

4770.0900MONITORING AND SURVEILLANCE REQUIREMENTS. Subpart 1.24-hour closed-circuit television.  
A medical cannabis manufacturer must operate and maintain in good working order a closed-circuit television (CCTV) surveillance system on all of its premises, which must operate 24 hours per day, seven days per week, and visually record: 

A. 
all phases of production; 

B. 
all areas that might contain plant material and medical cannabis, including all safes and vaults; 

C. 
all points of entry and exit, including sales areas; 

D. 
the entrance to the video surveillance room; and 

E. 
any parking lot, which must have appropriate lighting for the normal conditions of the area under surveillance. 

Subp. 2.Camera specifications.  
Cameras must: 

A. 
capture clear and certain identification of any person entering or exiting a manufacturing facility or distribution facility; 

B. 
have the ability to produce a clear, color, still photo either live or from a recording; 

C. 
have an embedded date-and-time stamp on all recordings that must be synchronized and not obscure the picture; and 

D. 
continue to operate during a power outage. 

Subp. 3.Video recording specifications.  A. 
A video recording must export still images in an industry standard image format, including .jpg, .bmp, and .gif. 

B. 
Exported video must be archived in a proprietary format that ensures authentication and guarantees that the recorded image has not been altered. 

C. 
Exported video must also be saved in an industry standard file format that can be played on a standard computer operating system. 

D. 
All recordings must be erased or destroyed before disposal. 

Subp. 4.Additional requirements.  
The manufacturer must maintain all security system equipment and recordings in a secure location to prevent theft, loss, destruction, corruption, and alterations. 

Subp. 5.Retention.  
The manufacturer must ensure that 24-hour recordings from all video cameras are: 

A. 
available for viewing by the commissioner upon request; 

B. 
retained for at least 90 calendar days; 

C. 
maintained free of alteration or corruption; and 

D. 
retained longer, as needed, if the manufacturer is given actual notice of a pending criminal, civil, or administrative investigation, or other legal proceeding for which the recording may contain relevant information. 

4770.1000ALARM SYSTEM REQUIREMENTS. A.
A medical cannabis manufacturer must install and maintain a professionally monitored security alarm system that provides intrusion and fire detection of all: 

(1) 
facility entrances and exits; 

(2) 
rooms with exterior windows; 

(3) 
rooms with exterior walls; 

(4) 
roof hatches; 

(5) 
skylights; and 

(6) 
storage rooms. 

B. 
For purposes of this part, a security alarm system means a device or series of devices that summons law enforcement personnel during, or as a result of, an alarm condition. Devices may include: 

(1) 
hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audio, visual, or electronic signal; 

(2) 
motion detectors; 

(3) 
pressure switches; 

(4) 
a duress alarm; 

(5) 
a panic alarm; 

(6) 
a holdup alarm; 

(7) 
an automatic voice dialer; and 

(8) 
a failure notification system that provides an audio, text, or visual notification of any failure in the surveillance system. 

C. 
A manufacturer's security alarm system and all devices must continue to operate during a power outage. 

D.
The commissioner must have the ability to access a medical cannabis manufacturer's security alarm system. 

E.
The manufacturer's security alarm system must be inspected and all devices tested annually by a qualified alarm vendor. 

4770.1100TRANSPORTATION OF MEDICAL CANNABIS. Subpart 1.Transportation of medical cannabis and plant material; when authorized. A. 
A medical cannabis manufacturer is authorized to transport medical cannabis: 

(1) 
from its manufacturing facility to its distribution facilities; 

(2) 
between its distribution facilities; 

(3) 
from its manufacturing facility to a distribution facility operated by another manufacturer; 

(4) 
from its manufacturing facility to a testing laboratory for testing;  

(5) 
from a testing laboratory to its manufacturing facility or to a waste-to-energy facility; 

(6) 
from its manufacturing facility or distribution facility to a laboratory selected by the commissioner to conduct audit testing under part 4770.3035; and 

(7) 
from its manufacturing facility or distribution facility to a waste-to-energy facility. 

B. 
A medical cannabis manufacturer is authorized to transport plant material waste: 

(1) 
from its manufacturing facility to a waste disposal site; and 

(2) 
when a specific nonroutine transport request from the manufacturer is approved by the commissioner. 

Subp. 2.Transporting medical cannabis. A. 
A medical cannabis manufacturer must use a manifest system, approved by the commissioner, to track shipping of medical cannabis. The manifest system must include a chain of custody that records: 

(1) 
the name and address of the destination; 

(2) 
the weight, measure, or numerical count and description of each individual package that is part of the shipment, and the total number of individual packages; 

(3) 
the date and time the medical cannabis shipment is placed into the transport vehicle; 

(4) 
the date and time the shipment is accepted at the delivery destination; 

(5) 
the person's identity, and the circumstances, duration, and disposition of any other person who had custody or control of the shipment; and 

(6) 
any handling or storage instructions. 

B. 
Before transporting medical cannabis, a medical cannabis manufacturer must: 

(1) 
complete a manifest on a form approved by the commissioner; and 

(2) 
transmit a copy of the manifest to the manufacturer's distribution facility, a laboratory, or a waste-to-energy facility, as applicable. 

C. 
The manifest must be signed by: 

(1) 
an authorized manufacturer employee when departing the manufacturing facility; and 

(2) 
 an authorized employee of the receiving distribution facility, laboratory, or waste-to-energy facility. 

D. 
An authorized employee at the facility receiving medical cannabis must: 

(1) 
verify and document the type and quantity of the transported medical cannabis against the manifest; 

(2) 
return a copy of the signed manifest to the manufacturing facility; and 

(3) 
record the medical cannabis that is received as inventory according to part 4770.1800. 

E. 
A manufacturer must maintain all manifests for at least five years and make them available upon request of the commissioner. 

Subp. 3.Transportation of medical cannabis; vehicle requirements. A. 
A manufacturer must ensure that: 

(1) 
all medical cannabis transported on public roadways is: 

(a) 
packaged in tamper-evident, bulk containers; 

(b) 
transported so it is not visible or recognizable from outside the vehicle;  

(c) 
transported in a vehicle that does not bear any markings to indicate that the vehicle contains cannabis or bears the name or logo of the manufacturer; and 

(d) 
kept in a compartment of a transporting vehicle that maintains appropriate temperatures and conditions that will protect plant material and medical cannabis against physical, chemical, and microbial contamination or deterioration. 

B. 
Manufacturer employees who are transporting medical cannabis, plant waste, or medical cannabis waste on public roadways must: 

(1) 
travel directly to the destination listed on the transportation manifest;  

(2) 
document refueling and all other stops in transit, including: 

(a) 
the reason for the stop; 

(b) 
the duration of the stop; 

(c) 
the location of the stop; and 

(d) 
all activities of employees exiting the vehicle; and 

(3) 
not wear manufacturer-branded clothing or clothing that identifies the employee as an employee of the manufacturer. 

C. 
If an emergency requires stopping the vehicle, the employee must notify 911 and complete an incident report form provided by the commissioner. 

D. 
Under no circumstance may any person other than a designated manufacturer employee have actual physical control of the motor vehicle that is transporting the medical cannabis. 

E. 
A medical cannabis manufacturer must staff all motor vehicles with a minimum of two employees when transporting medical cannabis between a manufacturing facility and a distribution facility. At least one employee must remain with the motor vehicle at all times that the motor vehicle contains medical cannabis. A single employee may transport medical cannabis to an approved laboratory. 

F. 
Each employee in a transport motor vehicle must have communication access with the medical cannabis manufacturer's personnel, and have the ability to contact law enforcement through the 911 emergency system at all times that the motor vehicle contains medical cannabis. 

G. 
An employee must carry the employee's identification card at all times when transporting or delivering cannabis and, upon request, produce the identification card to the commissioner or to a law enforcement officer acting in the course of official duties. 

H. 
A medical cannabis manufacturer must not leave a vehicle that is transporting medical cannabis unattended overnight. 

4770.1200DISPOSAL OF MEDICAL CANNABIS AND PLANT MATERIAL. Subpart 1.Medical cannabis take-back.  
A medical cannabis manufacturer must accept at no charge unused, excess, or contaminated medical cannabis. A manufacturer must: 

A. 
dispose of the returned medical cannabis as provided in subpart 2; and 

B. 
maintain a written record of disposal that includes: 

(1) 
the name of the patient; 

(2) 
the date the medical cannabis was returned; 

(3) 
the quantity of medical cannabis returned; and 

(4) 
the type and batch number of medical cannabis returned. 

Subp. 2.Medical cannabis and plant material waste.  
A medical cannabis manufacturer must store, secure, and manage medical cannabis waste and plant material waste in accordance with all applicable federal, state, and local regulations. 

A. 
The manufacturer must dispose of medical cannabis waste by incineration at a waste-to-energy facility according to federal and state law. 

B. 
The manufacturer must dispose of plant material by composting as follows: 

(1) 
at the manufacturing facility, according to federal and state law; or 

(2) 
at an approved composting facility, according to federal and state law. 

C. 
Before transport, the manufacturer must render plant material waste unusable and unrecognizable by grinding and incorporating the waste with a greater quantity of nonconsumable, solid wastes including: 

(1) 
paper waste; 

(2) 
cardboard waste; 

(3) 
food waste; 

(4) 
yard waste; 

(5) 
vegetative wastes generated from industrial or manufacturing processes that prepare food for human consumption; 

(6) 
soil; or 

(7) 
other waste approved by the commissioner. 

Subp. 3.Liquid and chemical waste disposal.  
The medical cannabis manufacturer must dispose of all liquid and chemical product waste generated in the process of cultivating, manufacturing, and distributing medical cannabis in accordance with all applicable federal, state, and local regulations. 

Subp. 4.Waste-tracking requirements.  
The medical cannabis manufacturer must use forms provided by the commissioner to maintain accurate and comprehensive records regarding waste material that accounts for, reconciles, and evidences all waste activity related to the disposal of medical cannabis waste and plant material waste. 

4770.1300MANDATORY SIGNAGE. A. 
A medical cannabis manufacturer must post a sign in a conspicuous location at each entrance of the manufacturing facility that reads "PERSONS UNDER TWENTY-ONE YEARS OF AGE NOT PERMITTED IN RESTRICTED ACCESS AREAS." 

B. 
A manufacturer must post a sign in a conspicuous location at every entrance to the manufacturing facility and each distribution facility that reads "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE." 

4770.1400PERSONNEL IDENTIFICATION SYSTEM. Subpart 1.Identification system.  
A medical cannabis manufacturer must use a personnel identification system that controls and monitors individual employee access to restricted access areas within the manufacturing facility and distribution facility and that meets the requirements of this part and part 4770.0700. 

Subp. 2.Employee identification card requirement.  
An employee identification card must contain: 

A. 
the name of the cardholder; 

B. 
the date of issuance and expiration; 

C. 
an alphanumeric identification number that is unique to the cardholder; and 

D. 
a photographic image of the cardholder. 

Subp. 3.Visitor pass required.  
A visitor must wear a visitor pass issued by the medical cannabis manufacturer that is visible at all times. 

Subp. 4.Employee identification card on person and visible at all times.  
A manufacturer's employee must keep the employee's identification card visible at all times when in a manufacturing facility, distribution facility, or vehicle transporting medical cannabis. 

Subp. 5.Termination of employment.  
Upon termination of an employee, a medical cannabis manufacturer must obtain and destroy the terminated employee's identification card. 

4770.1460RENEWAL OF REGISTRATION. Subpart 1.Application.  
A registered manufacturer must submit an application to renew its registration with the commissioner at least six months before its registration term expires. The application must include: 

A. 
any material change in its previous application materials; 

B. 
information about each alleged incident involving theft, loss, or possible diversion of medical cannabis by an employee, agent, or contractor of the manufacturer; 

C. 
the manufacturer's compliance with all relevant state and local laws; 

D. 
information about the manufacturer's ability to continue manufacturing and distributing medical cannabis, including financial viability and ability to ensure adequate supply of medical cannabis; and 

E. 
any other information requested by the commissioner. 

Subp. 2.Criteria.  
The commissioner must use criteria listed in Minnesota Statutes, section 152.25, subdivision 1, paragraph (c), when considering a manufacturer's application to renew its registration. 

Subp. 3.Notification.  
The commissioner must notify the manufacturer of the commissioner's decision to approve or deny the manufacturer's registration application at least 120 days before the expiration of the registration agreement. 

4770.1500CLOSURE OF OPERATIONS; DEREGISTRATION. Subpart 1.Notice.  
A medical cannabis manufacturer shall notify the commissioner at least six months before the closure of the manufacturing facility and its distribution facilities. 

Subp. 2.Procedures.  
If a medical cannabis manufacturer ceases operation, the commissioner must verify the remaining inventory of the manufacturer and seize all plant material, plant material waste, and medical cannabis. The commissioner must ensure that any plant material, plant material waste, and medical cannabis is destroyed by incineration at a waste-to-energy facility. 

4770.1600RECORD KEEPING; REQUIREMENTS. A. 
A medical cannabis manufacturer must maintain for at least five years complete, legible, and current records, including: 

(1) 
the date of each sale or distribution; 

(2) 
the registration number of all patients; 

(3) 
the item number, product name and description, and quantity of medical cannabis sold or otherwise distributed; 

(4) 
records of sale prices of medical cannabis to patients; 

(5) 
the quantity and form of medical cannabis maintained by the manufacturer at the manufacturing facility on a daily basis; and 

(6) 
the amount of plants being grown at the manufacturing facility on a daily basis. 

B. 
A medical cannabis manufacturer must maintain records that reflect all financial transactions and the financial condition of the business. The following records must be maintained for at least five years and made available for review, upon request of the commissioner: 

(1) 
purchase invoices, bills of lading, transport manifests, sales records, copies of bills of sale, and any supporting documents, to include the items or services purchased, from whom the items were purchased, and the date of purchase; 

(2) 
bank statements and canceled checks for all business accounts; 

(3) 
accounting and tax records; 

(4) 
records of all financial transactions, including contracts and agreements for services performed or services received; 

(5) 
all personnel records; 

(6) 
crop inputs applied to the growing medium, plants, or plant material used in production; 

(7) 
production records; 

(8) 
transportation records; 

(9) 
inventory records; 

(10) 
records of all samples sent to a testing laboratory and the quality assurance test results; and 

(11) 
records of any theft, loss, or other unaccountability of any medical cannabis or plant material. 

4770.1700MEDICAL CANNABIS MANUFACTURER; PRODUCTION REQUIREMENTS. Subpart 1.Cultivation and processing; generally. A. 
Only a registered medical cannabis manufacturer is authorized to produce and manufacture medical cannabis. 

B. 
All phases of production must take place in designated, restricted access areas that are monitored by a surveillance camera system in accordance with part 4770.0900. 

C. 
All areas must be compartmentalized based on function, and employee access must be restricted between compartments. 

D. 
The production process must be designed to limit contamination. Examples of contamination include mold, fungus, bacterial diseases, rot, pests, nonorganic pesticides, and mildew. 

E. 
Each production area must have an open aisle for unobstructed access, observation, and inventory of each plant group. 

F. 
Biosecurity measures must be in effect and documented according to part 4770.0400, subpart 1. 

G. 
The manufacturer must maintain a record at the facility of all crop inputs for at least five years. The record must include the following: 

(1) 
the date of application; 

(2) 
the name of the employee applying the crop input; 

(3) 
the name and description of the crop input that was applied, including the chemical name, product name, and manufacturer, where applicable; 

(4) 
the section, including the square footage, that received the application by batch number; 

(5) 
either the amount or concentration of crop input, or both, that was applied;  

(6) 
a copy of the label of the crop input applied; and 

(7) 
the vendor or other origin of the crop input. 

H. 
At the time of planting, all plants must be tracked in a batch process with a unique batch number that must remain with the batch through final packaging. 

I. 
A manufacturer must record any removal of plants from the batch on a record maintained at the manufacturing facility for at least five years. 

J. 
The batch number must be displayed on the label of the medical cannabis. 

Subp. 1a.Crop inputs used in cultivation of dried raw cannabis. A. 
A manufacturer cultivating plants intended to become dried raw cannabis must follow practices and procedures that minimize the risk of chemical contamination or adulteration of the medical cannabis. 

B. 
A manufacturer may only apply a pesticide in the cultivation of medical cannabis if the pesticide has been: 

(1) 
deemed to be minimum risk by the United States Environmental Protection Agency in accordance with Code of Federal Regulations, title 40, section 152.25 (f), and exempted from United States Code, title 7, section 136 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the pesticide's label does not exclude its use on a genus cannabis plant; 

(2) 
registered with the United States Environmental Protection Agency under section 3 of FIFRA, United States Code, title 7, section 136 et seq., and is labeled for use on medical cannabis or cannabis used for human consumption; or 

(3) 
registered with the United States Environmental Protection Agency under section 3 of FIFRA, United States Code, title 7, section 136 et seq., and: 

(a) 
the active ingredient found in the pesticide is either exempt from the tolerance requirements in Code of Federal Regulations, title 40, part 180, subpart D, or does not require an exemption from the tolerance requirement in Code of Federal Regulations, title 40, part 180, subpart E; 

(b) 
the pesticide product label does not prohibit use within an enclosed structure for the site of application; 

(c) 
the pesticide product label expressly has directions for use on unspecified crops or plants intended for human consumption; and 

(d) 
the pesticide product is used in accordance with all applicable instructions, restrictions, and requirements on the product label. 

C. 
A manufacturer may use rooting hormones or cloning gels only during the propagation phase of the plant life cycle. 

D. 
A manufacturer must store all crop input stocks in their original containers with their original labels intact. The manufacturer must ensure that packaged fertilizers and containers of diluted or prepared fertilizer remain labeled with information as required in Minnesota Statutes, section 18C.215, at all times. 

E. 
The manufacturer must apply, store, and dispose of crop inputs, rinsate, and containers according to label instructions and all other applicable laws and regulations. 

F. 
If an audit sample tested under part 4770.3035 shows the presence of a crop input not permitted under this subpart, the batch and any finished good produced from the batch are adulterated and must be disposed of as medical cannabis waste under part 4770.1200, subpart 2. The use of pesticides not permitted under this part is presumptively classified as a serious violation under Minnesota Statutes, sections 144.989 to 144.993. 

Subp. 2.Production of medical cannabis. A. 
The commissioner must approve the manufacturer's use of any hydrocarbon-based extraction process. Examples of a hydrocarbon-based extraction process include the use of butane, ethanol, hexane, and isopropyl alcohol. 

B. 
Medical cannabis must be prepared, handled, and stored in compliance with the sanitation requirements in this part. 

C. 
A manufacturer must maintain appropriate temperatures and conditions that will protect plant material and medical cannabis against physical, chemical, and microbial contamination or deterioration of the product or its container. 

D. 
A manufacturer must ensure that the cannabinoid content of the medical cannabis it produces is homogenous. 

E. 
Prior to distributing new finished goods to customers, a manufacturer must obtain the commissioner's approval. The commissioner shall: 

(1) 
for each manufacturer, maintain a registered finished goods list containing packaged product information; and 

(2) 
update the list as needed. 

F. 
The manufacturer must submit a definition of each finished good to the commissioner to include in the registered finished goods list before a batch sample may be tested. 

G. 
Pre-rolls must not contain more than one gram of dried raw cannabis each. 

Subp. 3.General sanitation requirements.  
A manufacturer must take all reasonable measures and precautions to ensure that: 

A. 
any employee who has a communicable disease does not perform any tasks that might contaminate plant material or medical cannabis; 

B. 
hand-washing facilities are: 

(1) 
convenient and furnished with running water at a suitable temperature; 

(2) 
located in all production areas; and 

(3) 
equipped with effective hand-cleaning and sanitizing preparations and sanitary towel service or electronic drying devices; 

C. 
all employees working in direct contact with plant material and medical cannabis must use hygienic practices while on duty, including: 

(1) 
maintaining personal cleanliness; and 

(2) 
washing hands thoroughly in a hand-washing area before starting work and at any other time when the hands may have become soiled or contaminated; 

D. 
litter and waste are routinely removed and the operating systems for waste disposal are routinely inspected; 

E. 
floors, walls, and ceilings are constructed with a surface that can be easily cleaned and maintained in good repair to inhibit microbial growth; 

F. 
lighting is adequate in all areas where plant material and medical cannabis are processed, stored, or sold; 

G. 
screening or other protection against the entry of pests is provided, including that rubbish is disposed of to minimize the development of odor and the potential for the waste becoming an attractant, harborage, or breeding place for pests; 

H. 
any buildings, fixtures, and other facilities are maintained in a sanitary condition; 

I. 
toxic cleaning compounds, sanitizing agents, and other potentially harmful chemicals are identified and stored in a separate location away from plant material and medical cannabis and in accordance with applicable local, state, or federal law; 

J. 
all contact surfaces, utensils, and equipment used in the production of plant material and medical cannabis are maintained in a clean and sanitary condition; 

K. 
the manufacturing facility water supply is sufficient for necessary operations; 

L. 
plumbing size and design meets operational needs and all applicable state and local laws; 

M. 
employees have accessible toilet facilities that are sanitary and in good repair; and 

N. 
plant material and medical cannabis that could support the rapid growth of undesirable microorganisms are isolated to prevent the growth of those microorganisms. 

Subp. 4.Storage.  A. 
A manufacturer must store plant material and medical cannabis during production, transport, and testing to prevent diversion, theft, or loss, including ensuring: 

(1) 
plant material and medical cannabis are returned to a secure location immediately after completion of the process or at the end of the scheduled business day; and 

(2) 
the tanks, vessels, bins, or bulk containers containing plant material or medical cannabis are locked inside a secure area if a process is not completed at the end of a business day. 

B. 
A manufacturer must store all plant material and medical cannabis during production, transport, and testing, and all saleable medical cannabis: 

(1) 
in areas that are maintained in a clean, orderly, and well-ventilated condition; and 

(2) 
in storage areas that are free from infestation by insects, rodents, birds, and other pests of any kind. 

C. 
To prevent degradation, a manufacturer must store all plant material and medical cannabis in production, transport, and testing, and all saleable medical cannabis under conditions that will protect it against physical, chemical, and microbial contamination and deterioration of the product and its container. 

D. 
A manufacturer must maintain a separate secure storage area for medical cannabis that is returned, including medical cannabis that is outdated, damaged, deteriorated, mislabeled, or contaminated, or whose containers or packaging have been opened or breached, until the returned medical cannabis is destroyed. For purposes of this part, a separate, secure storage area includes a container, closet, or room that can be locked or secured. 

4770.1800INVENTORY. Subpart 1.Controls and procedures.  
A medical cannabis manufacturer must establish inventory controls and procedures for conducting inventory reviews and comprehensive inventories of plant material and medical cannabis to prevent and detect any diversion, theft, or loss in a timely manner. 

Subp. 2.Reliable and ongoing supply.  
A medical cannabis manufacturer must provide a reliable and ongoing supply of medical cannabis as required by Minnesota Statutes, section 152.29, subdivision 2. 

Subp. 3.Real-time inventory.  
A medical cannabis manufacturer must maintain a real-time record of its inventory of plant material and medical cannabis to include: 

A. 
the date and time of the inventory; 

B. 
a summary of inventory findings, including: 

(1) 
the weight of cannabis seeds by type, strain, and cultivar; 

(2) 
the total count of plants, whether in the flowering, vegetative, or clone phase of growth and organized by room in which the plants are grown; 

(3) 
the batch number, weight or unit count, and strain name associated with each batch at the production facility that has been prepared for testing or is ready for transport to a distribution facility; 

(4) 
the total number of plants that have been harvested but are not yet associated with a batch and every unique plant identifier; 

(5) 
the amount of acquired industrial hemp; and 

(6) 
the amount of medical cannabis, either by weight or units, sold since previous inventory and listed by product name and registry identifier; 

C. 
the names of the employees or employee conducting the inventory; and 

D. 
other information deemed necessary and requested by the commissioner. 

Subp. 4.Waste inventory.  
The medical cannabis manufacturer must maintain a real-time record of its inventory of all medical cannabis waste, including damaged, defective, expired, contaminated, recalled, or returned medical cannabis for disposal, and plant material waste for disposal. 

Subp. 5.Reconciliation.  
At the close of business each day, a medical cannabis manufacturer must reconcile by conducting a physical inventory of all: 

A. 
plant material at the manufacturing facility and in transit; and 

B. 
medical cannabis at the manufacturing facility, each distribution facility, and in transit. 

Subp. 6.Scales.  
All scales used to weigh usable plant material for purposes of this chapter must be certified in accordance with the International Organization for Standardization (ISO), ISO/IEC Standard 17025, which is incorporated by reference. 

Subp. 7.Discrepancies.  
If discrepancies are discovered outside of loss standard to the industry due to moisture loss and handling, the manufacturer must investigate the discrepancy and must submit a report of its investigation to the commissioner within seven days. If a discrepancy is due to suspected criminal activity, the manufacturer must notify the commissioner and appropriate law enforcement agencies in writing within 24 hours. 

4770.1900MEDICAL CANNABIS LABORATORY APPROVAL. Subpart 1.Commissioner's authority.  
The commissioner must approve any medical cannabis laboratory that tests medical cannabis for a registered medical cannabis manufacturer under Minnesota Statutes, section 152.25, subdivision 1, paragraph (d). A medical cannabis laboratory may seek approval to use specific procedures to test the allowable product types and analytes according to parts 4770.1900 to 4770.2400, which specify the commissioner's requirements authorized by Minnesota Statutes, section 152.29, subdivision 1, paragraph (b). 

Subp. 2.Eligibility.  
The commissioner may only approve a medical cannabis laboratory that tests under a contract with a medical cannabis manufacturer that can demonstrate its eligibility under this subpart. The laboratory must: 

A. 
operate using proper laboratory equipment under a quality assurance system and test product types for analytes listed in the commissioner's list in subpart 3; 

B. 
test medical cannabis delivered in the product types specified in subpart 4; 

C. 
test accurately for the following elements: 

(1) 
content, by testing for analytes for a cannabinoid profile; 

(2) 
contamination, by testing for analytes for: 

(a) 
metals; 

(b) 
pesticide residues and plant growth regulators; 

(c) 
microbiological contaminants and mycotoxins; and 

(d) 
residual solvents; and 

(3) 
consistency of medical cannabis by testing for stability. 

Subp. 3.Commissioner list of approved cannabis labs.  A. 
The commissioner must publish a list of approved cannabis laboratories in the State Register and on the department's medical cannabis program website at least annually. 

B. 
The commissioner must provide the following information for each approved laboratory: 

(1) 
its scope of approval; 

(2) 
name, telephone number, and e-mail address of primary laboratory contact; and 

(3) 
physical and mailing address of laboratory. 

Subp. 4.Commissioner's approved medical cannabis product types.  
The commissioner's approved product types include: 

A. 
liquid, including in oil form; 

B. 
pill; 

C. 
vaporized delivery method using liquid or oil;  

D. 
dried raw cannabis intended to be used or consumed by combustion; and 

E. 
any other method approved by the commissioner under Minnesota Statutes, section 152.27, subdivision 2, paragraph (b). 

Subp. 5.Commissioner's analyte list.  A. 
The commissioner must maintain a list of analytes that laboratories must be able to test for. The analyte categories include: 

(1) 
cannabinoid profile; 

(2) 
metals; 

(3) 
pesticide residues and plant growth regulators; 

(4) 
microbiological contaminants and mycotoxins; and 

(5) 
residual solvents. 

B. 
The commissioner must publish the analyte list in the State Register and on the department's medical cannabis program website. 

C. 
The commissioner must review the analyte list and publish a notice of any analyte updates in the State Register and on the department's medical cannabis program website at least every six months. 

4770.2000MEDICAL CANNABIS LABORATORY APPROVAL; APPLICATION AND APPROVAL. Subpart 1.Application requirements. A. 
A laboratory must apply for the commissioner's approval on a form provided by the commissioner. 

B. 
A laboratory must also submit the following items: 

(1) 
a signed and notarized attestation: 

(a) 
declaring any conflict of interest, actual or perceived, relating to its direct or indirect financial interests in any medical cannabis manufacturer form; and 

(b) 
stating that the laboratory is independent from the medical cannabis manufacturers; 

(2) 
the fields of testing it is applying for approval to test; 

(3) 
its quality assurance manual; 

(4) 
its standard operating procedures; 

(5) 
sample handling, receipt, and acceptance procedures and policies; 

(6) 
demonstration of laboratory capability and acceptable performance through a combination of: 

(a) 
existing certificates and approvals; 

(b) 
documented demonstrations of analytical capabilities; and 

(c) 
documented and acceptable proficiency testing samples from an approved provider, where available; 

(7) 
method validation procedures for testing methods; and 

(8) 
the name and educational qualifications of at least one technical manager responsible for the laboratory achieving and maintaining the quality and analytical standards of practice. 

C. 
A mobile laboratory is considered a separate laboratory and is subject to all requirements of parts 4770.1900 to 4770.2300. In addition to the requirements of subpart 1, a mobile laboratory must: 

(1) 
submit a vehicle identification number, license plate number, or other uniquely identifying information to the commissioner when applying for approval; and 

(2) 
designate which fields of testing, equipment, and personnel are associated with the mobile laboratory. 

D. 
The following items are required and must be submitted to the commissioner before December 31, 2022: 

(1) 
a copy of the lab's ISO/IEC 17025:2017 Certificate and Scope of Accreditation; and 

(2) 
a copy of the lab's most recent assessment report, including the scope of the assessment to ensure the evaluation of the medical cannabis fields of testing. 

Subp. 2.Application requirements; commissioner's evaluation.  A. 
The commissioner must evaluate completed applications using the following criteria. 

(1) 
A laboratory must operate formal management systems under the International Organization for Standardization (ISO). The ISO/IEC 17025, General Requirements for the Competency of Testing and Calibration Laboratories, includes technical and management system requirements which are incorporated by reference in part 4770.2800. 

(2) 
A laboratory seeking initial or renewal medical cannabis laboratory approval after December 31, 2016, must be accredited to Standard ISO/IEC 17025:2005, which is incorporated by reference. 

(3) 
A laboratory must specify one or more fields of testing for which it seeks approval. A laboratory must be approved for at least one field of testing to test medical cannabis for a medical cannabis manufacturer. 

B. 
The commissioner must approve or deny the application within 60 days of receiving the completed application and any applicable information required under part 4770.2000, subpart 1, and subpart 2. 

C. 
No board member, officer, employee, or other person with a financial interest in a medical cannabis manufacturer may have an interest or voting rights in the laboratory. 

D. 
The commissioner's decision on a laboratory's application is a final agency decision. 

Subp. 3.Approval. A. 
When granting approval, the commissioner must notify the laboratory and include the following documentation: 

(1) 
a letter acknowledging compliance with approval requirements by the laboratory; 

(2) 
the scope of approval for the laboratory; 

(3) 
the logo of the Minnesota Department of Health; 

(4) 
the name of the laboratory; 

(5) 
the address of the laboratory; and 

(6) 
the expiration date of the approval. 

B. 
If a laboratory's scope of approval changes, the commissioner must issue a new document that specifies the revised scope of approval. 

C. 
A laboratory's approval is valid for one year from the date of the commissioner's awarding approval or renewal of approval, unless the commissioner rescinds approval under part 4770.2100. 

4770.2100MEDICAL CANNABIS LABORATORY APPROVAL; INSPECTION AND COMPLIANCE. Subpart 1.Laboratory inspection and reports.  A. 
The commissioner may inspect a lab without prior notice at any time during normal business hours to verify compliance with parts 4770.1900 to 4770.2200. The commissioner may inspect: 

(1) 
approved laboratories; and 

(2) 
laboratories requesting approval. 

B. 
If the commissioner has sufficient cause to believe that a laboratory's proficiency, execution, or validation of analytical methodologies are deficient, the commissioner may require and a laboratory must obtain third-party validation and ongoing monitoring of the laboratory. The laboratory must pay for all costs associated with the commissioner-ordered third-party validation. 

C. 
An approved laboratory must provide reports to the commissioner regarding chemical compositions, microbial compositions, dosages, and noncannabis drug interactions under Minnesota Statutes, section 152.25, as requested by the commissioner. 

D. 
An approved laboratory must provide reports to the medical cannabis manufacturer on forms provided by the commissioner. 

Subp. 2.Laboratory approval requirements.  A. 
An approved laboratory may not misrepresent its approval on any document or marketing material. 

B. 
A laboratory must make its current approval documentation and corresponding scope of approval available upon the request of: 

(1) 
a client; 

(2) 
the commissioner; or 

(3) 
a regulatory agency. 

Subp. 3.Rescinding approval.  A. 
The commissioner may rescind an approved cannabis laboratory's approval if the commissioner determines the laboratory has failed to: 

(1) 
submit accurate application materials to the commissioner under part 4770.2000; 

(2) 
comply with application requirements under part 4770.2000; 

(3) 
comply with all applicable laws, rules, standards, policies, and procedures; 

(4) 
allow the commissioner or designee to perform physical inspection of facilities; 

(5) 
submit copies of inspection and corrective reports issued by the approved ISO/IEC 17025 accreditation body, as requested by the commissioner; 

(6) 
provide the medical cannabis manufacturer with timely reports; or 

(7) 
provide the medical cannabis manufacturer with reports compliant with the commissioner's designated test report format. 

B. 
A laboratory must return its approval letter to the commissioner immediately if the commissioner rescinds the laboratory's approval. 

C. 
The commissioner's decision to rescind approval of an approved medical cannabis laboratory is a final agency decision. 

4770.2200MEDICAL CANNABIS LABORATORY APPROVAL; DUTY TO NOTIFY. Subpart 1.Operational changes.  A. 
A laboratory must notify the commissioner in writing within 30 days of a change in: 

(1) 
name of the laboratory; 

(2) 
physical location, postal mailing address, or e-mail address of the laboratory; 

(3) 
owner of the laboratory; 

(4) 
name, telephone numbers, or e-mail address of the designated contact person; 

(5) 
name of a technical manager; 

(6) 
major analytical equipment; or 

(7) 
test methods. 

B. 
 A laboratory that notifies the commissioner of an operational change under item A must include in the notice written results of proficiency testing samples or demonstrations of capability analyzed after the reported change. 

Subp. 2.Voluntary withdrawal.  A. 
If a laboratory chooses to withdraw its application for approval or its current approval in total or in part, the laboratory must: 

(1) 
notify the commissioner in writing; and 

(2) 
specify the effective date of withdrawal. 

B. 
By the effective date of the withdrawal of approval, in total or in part, the laboratory must: 

(1) 
notify current client manufacturers in writing of its intent to withdraw its approval; 

(2) 
indicate the effective date of the withdrawal; and 

(3) 
submit a copy of each notification to the commissioner. 

4770.2300MEDICAL CANNABIS LABORATORY APPROVAL; APPEAL OF ADMINISTRATIVE DECISION. A. 
The commissioner must notify a laboratory in writing the reason for the decision to deny or rescind laboratory approval under part 4770.2100. 

B. 
A laboratory has 30 days from the commissioner's notice of denial or notice of rescinded approval to appeal the decision. A request to appeal must: 

(1) 
be in writing; 

(2) 
indicate the facts the laboratory disputes; 

(3) 
be signed by the laboratory managing agent; and 

(4) 
be sent to the commissioner. 

C. 
The commissioner must notify a laboratory of the commissioner's acceptance or denial of an appeal request, in writing, within 60 days of receiving the request. The commissioner's decision is a final agency decision. 

4770.2400MEDICAL CANNABIS LABORATORY APPROVAL; VARIANCES. 
The commissioner may grant a variance from parts 4770.1900 to 4770.2200. To request a variance, a laboratory must indicate in writing: 

A. 
the rule part and language for which the variance is sought; 

B. 
reasons for the request; 

C. 
alternate measures that the laboratory will take if the commissioner grants its request for variance; 

D. 
the proposed length of time of the variance; and 

E. 
data that the laboratory will provide to ensure analytical results of equal or better reliability, if applicable. 

4770.2700MEDICAL CANNABIS MANUFACTURER; FINANCIAL EXAMINATIONS; PRICING REVIEWS. A. 
A medical cannabis manufacturer must maintain financial records in accordance with generally accepted accounting principles and, upon request, must provide any financial records to the commissioner. 

B. 
The commissioner shall request an additional audit of the medical cannabis manufacturer, of the same time period, if the commissioner finds one or more of the following: 

(1) 
credible evidence or allegations of financial reporting irregularities not revealed in the annual certified financial audit; or 

(2) 
reasonable cause to believe there are operational or compliance concerns involving financing, budgeting, revenues, sales, or pricing. 

4770.2800INCORPORATION BY REFERENCE. 
The International Organization for Standardization (ISO), ISO/IEC Standard 17025, is incorporated by reference, is not subject to frequent change, and is made a part of this rule where indicated. ISO/IEC Standard 17025 is published by the International Organization for Standardization, located at 1, ch. de la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland. ISO/IEC Standard 17025 is available in the office of the commissioner of health and can be found online at www.isoiec17025.com or www.iso.org. 

4770.4000APPLICABILITY AND PURPOSE. 
Parts 4770.4000 to 4770.4018 establish the criteria and procedures to be used by the commissioner for establishing and overseeing the medical cannabis registry for enrolled patients and their designated caregivers. 

4770.4002DEFINITIONS. Subpart 1.Applicability.  
The terms used in this chapter have the meanings given them in this part and in Minnesota Statutes, sections 152.22 to 152.37. 

Subp. 1a.Adverse incident.  
"Adverse incident" means any negative medical occurrence in a person after using medical cannabis, either physical or psychological, including any harmful reaction, symptom, or disease. 

Subp. 2.DEA Registration Certificate.  
"DEA Registration Certificate" means a certificate to prescribe controlled substances issued by the United States Department of Justice's Drug Enforcement Administration. 

Subp. 3.Disqualifying felony offense.  
"Disqualifying felony offense" has the meaning given in Minnesota Statutes, section 152.22, subdivision 3. 

Subp. 4.Diversion or diverting.  
"Diversion" or "diverting" means the intentional transferring of medical cannabis to a person other than a patient, designated registered caregiver, or a parent or legal guardian of a patient if the parent or legal guardian of a patient is listed on the registry verification. 

Subp. 4a.Diversion involving adverse incidents.  
"Diversion involving adverse incidents" means any suspected incident of diversion that results in an adverse incident. 

Subp. 5.Evidence-based medicine.  
"Evidence-based medicine" means documentation of published, peer-reviewed best evidence on research related to the use of medical cannabis, which includes up-to-date information from relevant, valid research about the effects of medical cannabis on different forms of diseases and conditions, its use in health care, the potential for harm from exposure, a clinical assessment of the effectiveness of medical cannabis in an ongoing treatment paradigm, and any other relevant medical information. 

Subp. 6.Financial interest.  
"Financial interest" means any actual or future right to ownership, investment, or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, parent, or child in a medical cannabis manufacturer. Financial interest does not include ownership of investment securities in a publicly held corporation that is traded on a national exchange or over-the-counter market, provided the investment securities held by the person, the person's spouse, parent, or child, in the aggregate, do not exceed one percent ownership in the medical cannabis manufacturer. 

Subp. 7.Good standing.  
"Good standing" means a person has a license or registration with a licensing board and is not subject to any restriction or oversight by the licensing board beyond others in the same class. 

Subp. 8.Health care practitioner.  
"Health care practitioner" has the meaning given in Minnesota Statutes, section 152.22, subdivision 4. 

Subp. 9.Health record.  
"Health record" has the meaning given in Minnesota Statutes, section 144.291, subdivision 2, paragraph (c). 

Subp. 10.Medical cannabis.  
"Medical cannabis" has the meaning given in Minnesota Statutes, section 152.22, subdivision 6. 

Subp. 11.Medical cannabis manufacturer or manufacturer.  
"Medical cannabis manufacturer" or "manufacturer" has the meaning given in Minnesota Statutes, section 152.22, subdivision 7. 

Subp. 12.Medical relationship.  
"Medical relationship" means a treatment or counseling relationship, in the course of which the health care practitioner has completed a full assessment of the patient's medical history and current medical condition. 

Subp. 13.Minor.  
"Minor" means an applicant who is under 18 years of age. 

Subp. 14.Parent or legal guardian.  
"Parent or legal guardian" has the meaning given in Minnesota Statutes, section 152.27, subdivision 5. 

Subp. 15.Patient.  
"Patient" has the meaning given in Minnesota Statutes, section 152.22, subdivision 9. 

Subp. 15a.Patient advocate.  
"Patient advocate" means an individual with a knowledge of medical cannabis who promotes patient interests in safety, privacy, access, and affordability. 

Subp. 15b.Peace officer.  
"Peace officer" has the meaning given in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c). 

Subp. 16.Person.  
"Person" means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, state or political subdivision of a state, or a legal successor, representative, agent, or agency of the person. Person does not include federal government agencies. 

Subp.  17.Qualifying medical condition.  
"Qualifying medical condition" has the meaning given in Minnesota Statutes, section 152.22, subdivision 14. 

Subp.  18.Qualifying patent.  
"Qualifying patient" means a resident of Minnesota who has been diagnosed by a health care practitioner as having a qualifying medical condition. 

Subp.  19.Registered.  
"Registered" means licensed, permitted, or otherwise certified by the commissioner. 

Subp.  20.Registered designated caregiver.  
"Registered designated caregiver" has the meaning given in Minnesota Statutes, section 152.22, subdivision 11. 

Subp.  21.Registry program.  
"Registry program" has the meaning given in Minnesota Statutes, section 152.22, subdivision 12. 

Subp.  22.Registry verification.  
"Registry verification" has the meaning given in Minnesota Statutes, section 152.22, subdivision 13. 

Subp. 22a.Serious adverse incident.  
"Serious adverse incident" means any adverse incident that results in or would lead to one of these outcomes without medical intervention: 

A. 
in-patient hospitalization or additional hospital time for a patient who is already hospitalized; 

B. 
persistent or significant disability or incapacity; 

C. 
a life-threatening situation; or 

D. 
death. 

Subp. 23.Telehealth.  
"Telehealth" means the practice of medicine as defined in Minnesota Statutes, section 147.081, subdivision 3, when the health care practitioner is not in the physical presence of the patient. 

Subp. 24.Therapeutic use.  
"Therapeutic use" means the acquisition, possession, preparation, use, delivery, transfer, or transportation of medical cannabis or paraphernalia relating to the administration of medical cannabis to treat or alleviate a qualifying patient's qualifying medical condition or symptoms or results of treatment associated with the qualifying patient's qualifying medical condition. 

Subp. 25.Transport.  
"Transport" means the movement of medical cannabis products from a manufacturer's distribution site to the residence of a registered qualified patient, or as otherwise provided by law. 

Subp. 26.Written certification.  
"Written certification" means a document signed by a health care practitioner, with whom the patient has established a patient-provider relationship, which states that the patient has a qualifying medical condition and identifies that condition and any other relevant information required by Minnesota Statutes, section 152.28, subdivision 1. 

4770.4003PROCESS FOR ADDING A QUALIFYING MEDICAL CONDITION OR DELIVERY METHOD. Subpart 1.Condition added by commissioner.  
The commissioner may periodically revise the list of qualified medical conditions eligible for treatment with medical cannabis. 

A. 
Revisions to the list must reflect: 

(1) 
advances in medical science; 

(2) 
evidence-based medicine and other peer-reviewed research demonstrating treatment efficacy; or 

(3) 
other therapeutic factors that will improve patient care. 

B. 
In determining whether a condition qualifies, the commissioner must consider the adequacy of available evidence that medical cannabis will provide relief and the report of the Medical Cannabis Review Panel established in subpart 3. 

Subp. 2.Requests for adding a condition.  
Any person may request the commissioner to add a qualifying medical condition not listed in Minnesota Statutes, section 152.22, subdivision 14, to the list by applying on a form provided by the commissioner. Requests under this subpart will be accepted beginning June 1, 2016. 

A. 
The commissioner shall only accept requests during June and July of each year and will dismiss requests received outside of this period. 

B. 
The commissioner must post notice on the department's medical cannabis website by May 1 each year, announcing the open period for accepting requests and describing the procedure for submitting requests. 

C. 
Each request must be limited to one proposed qualifying medical condition. The commissioner must dismiss a request if it contains multiple proposals. 

D. 
The commissioner must dismiss a request to add a medical condition that has been previously considered and rejected by the commissioner, unless the request contains new scientific evidence or research or describes substantially different symptoms. 

E. 
If the commissioner dismisses a timely request, the commissioner must notify the person making the request of the reason that the request was dismissed. 

F. 
The commissioner must forward the request to the review panel for review unless the request is dismissed. 

G. 
The commissioner must provide the review panel with a review of evidence-based medicine and other peer-reviewed research demonstrating treatment efficacy for the requested condition. 

Subp. 3.The Medical Cannabis Review Panel.  A. 
The commissioner must appoint a Medical Cannabis Review Panel composed of seven members, including at least one medical cannabis patient advocate and two health care practitioners, one with expertise in pediatric medicine. 

B. 
The Medical Cannabis Review Panel must review requests submitted under subpart 2 and report to the commissioner on the public health impacts, including therapeutic factors and known potential risks, of the proposed additional medical conditions. 

C. 
Members serve a three-year term or until a successor is appointed and qualified. If a vacancy occurs, the commissioner must appoint a replacement to complete the original term created by the vacancy. 

D. 
Members may serve multiple terms. 

E. 
Members must not hold a direct or indirect economic interest in a registered medical cannabis manufacturer or serve on the board of directors or as an employee of a registered medical cannabis manufacturer. 

F. 
Members must disclose all potential conflicts of interest having a direct bearing on any subject before the review panel. 

Subp. 4.Review panel meetings.  A. 
The Medical Cannabis Review Panel must meet at least one time per year to: 

(1) 
review requests that the commissioner has received for the approval of proposed qualifying medical conditions; 

(2) 
review the status of those medical conditions for which the commissioner has deferred approval or rejection; and 

(3) 
review new medical and scientific evidence about current qualifying medical conditions. 

B. 
The commissioner must post a notice on the department's medical cannabis website at least 30 calendar days before a review panel meeting. Notice must include the date, time, and location of the meeting, a brief description of the requests received, and information on how public comment will be received, including a deadline, if any. 

C. 
The Medical Cannabis Review Panel must submit a written report to the commissioner by November 1 after conducting the public meeting. The written report must include potential public health benefits and risks of adding or rejecting the proposed qualifying medical condition. 

Subp. 5.Commissioner review.  A. 
Upon receiving the Medical Cannabis Review Panel's report, the commissioner must render a decision by December 1 and must: 

(1) 
approve the request and forward the medical condition as required by item C; or 

(2) 
reject the medical condition. 

B. 
The commissioner must communicate the commissioner's decision to the requesting party along with the reasons for the decision and publish the decision on the department's medical cannabis website by December 1. 

C. 
The commissioner must forward a newly approved qualifying medical condition to the chairs and ranking minority members of the legislative policy committees having jurisdiction over health and public safety by January 15 as required by Minnesota Statutes, section 152.27, subdivision 2. If the legislature does not provide otherwise by law, the commissioner must publish the newly approved qualifying medical condition in the State Register and on the department's medical cannabis website before its August 1 effective date. 

Subp. 6.Requests for adding a delivery method.  
Any person may request that the commissioner add a delivery method not listed in Minnesota Statutes, section 152.22, subdivision 6, to the list by applying on a form provided by the commissioner. Requests under this subpart will be accepted beginning June 1, 2016. 

A. 
The commissioner shall only accept requests during June and July of each year and will dismiss requests received outside of this period. 

B. 
The commissioner must post notice on the department's medical cannabis website by May 1 each year, announcing the open period for accepting requests and describing the procedure for submitting requests. 

C. 
The commissioner must post the request to add a delivery method, along with information about how to submit public comment on the department's medical cannabis website. The commissioner must allow at least 30 days for public comment. 

D. 
Each request must be limited to one proposed delivery method. The commissioner must dismiss a request if it contains multiple proposals. 

E. 
The commissioner must dismiss a request to add a delivery method that has been previously considered and rejected by the commissioner, unless the request contains new scientific evidence or research or describes substantially different therapeutic benefits. 

F. 
If the commissioner dismisses a timely request, the commissioner must notify the person making the request of the reason that the request was dismissed. 

G. 
The commissioner must consider the request and any written comments from the public. The commissioner must render a decision by December 1, and must: 

(1) 
approve the request and forward the delivery method to be added as required by item I; or 

(2) 
reject the delivery method. 

H. 
The commissioner must communicate the commissioner's decision to the requesting party along with the reasons for the decision. 

I. 
The commissioner must forward an approved delivery method to be added to the chairs and ranking minority members of the legislative policy committees having jurisdiction over health and public safety by January 15 as required by Minnesota Statutes, section 152.27, subdivision 2, and if the legislature does not provide otherwise by law, publish the addition in the State Register and on the department's medical cannabis website. 

4770.4004SERIOUS ADVERSE INCIDENT REPORTING. Subpart 1.Reporting requirements.  A. 
Persons who must report any serious adverse incident are: 

(1) 
a registered patient; 

(2) 
a registered patient's certifying health care practitioner; 

(3) 
a patient's registered designated caregiver; or 

(4) 
a patient's parent or legal guardian, if the parent or legal guardian is acting as caregiver. 

B. 
Reporters named in item A must report to the manufacturer where the patient's medical cannabis was dispensed within five business days of the reporter's learning of the incident. 

C. 
A peace officer must report any serious adverse incident relating to overdose and any case of diversion involving an adverse incident within five business days of the incident by calling the general telephone number of the Office of Medical Cannabis. If part of an ongoing investigation, the report must be made within 72 hours of the conclusion of the investigation. 

Subp. 2.Manufacturer requirements.  A. 
Each manufacturer must: 

(1) 
maintain a toll-free telephone line, which must be available 24 hours a day, seven days a week, that is staffed by professionals who are health care practitioners or state-licensed pharmacists trained in detecting, assessing, understanding, and preventing adverse effects or any other drug-related problem; 

(2) 
provide a method, approved by the commissioner, for reporting serious adverse incidents online; 

(3) 
monitor manufacturer-sponsored social media pages and websites routinely; 

(4) 
post instructions for reporting suspected adverse incidents and unauthorized possession on its website; and 

(5) 
make printed instructions for reporting suspected adverse incidents available at all its distribution sites. 

B. 
Each manufacturer must follow up serious adverse incident reports and document all follow-up activities. The manufacturer must continue to follow up reports until the outcome has been established or the subject's condition is stabilized. 

C. 
For adverse incident information collected, the manufacturer must: 

(1) 
document it on a form provided by the commissioner; 

(2) 
classify it using Medical Dictionary for Regulatory Activities (MedDRA) coding; and 

(3) 
store it in a database that complies with general validation principles in the United States Food and Drug Administration's Electronic Records; Electronic Signatures, Code of Federal Regulations, title 21, part 11. 

Subp. 3.Manufacturer reports.  A. 
By the fifth day of every month, a medical cannabis manufacturer must compile and submit to the commissioner all adverse incident reports received in the prior calendar month. 

B. 
Within ten business days of learning of an adverse incident, the manufacturer must report to the commissioner: 

(1) 
any adverse incident that, based on reasonable medical judgment, might have resulted in a serious adverse incident without intervention or medical treatment; or 

(2) 
a case of diversion resulting in an adverse incident. 

C. 
On August 1 of every year beginning in 2016, each manufacturer must submit to the commissioner a report that contains a summary and a critical analysis of all reported adverse incidents reported to the manufacturer over the past July 1 to June 30. 

4770.4005REGISTRY ENROLLMENT APPLICATION FOR QUALIFYING PATIENTS. Subpart 1.Patient application.  A. 
A patient or the patient's parent or legal guardian must apply for the registry and sign a disclosure on forms provided by the commissioner that meet the requirements of Minnesota Statutes, section 152.27, subdivision 3. 

B. 
A patient must provide proof of the patient's Minnesota residency. If the patient is a minor, the patient's parent or legal guardian must provide proof of the parent or legal guardian's Minnesota residency. Proof of Minnesota residency can be established with: 

(1) 
a copy of a Minnesota driver's license, learner's permit, or identification card; or 

(2) 
a copy of a state, federal, or tribal government-issued photo identification card and at least one form of other documentation that contains the name and current address of the patient, or the patient's parent or legal guardian and indicates Minnesota residency, such as: 

(a) 
a current residential mortgage, lease, or rental agreement; 

(b) 
state tax documents from the previous calendar year; 

(c) 
a utility bill issued within the previous 90 days of the date of the application; 

(d) 
a rent or mortgage payment receipt dated less than 90 days before application; 

(e) 
a Social Security disability insurance statement, Supplemental Security Income benefits statement, or a medical claim or statement of benefits from a private insurance company or governmental agency that is issued less than 90 days before application; or 

(f) 
an affidavit from a person who will act as a designated caregiver for the patient, or a person who is engaged in health services or social services, which states the affiant knows the patient and believes the patient resides in Minnesota. 

C. 
A patient or the patient's parent or legal guardian must submit the nonrefundable annual enrollment fee specified in Minnesota Statutes, section 152.35. 

Subp. 2.Application approval.  A. 
The commissioner must approve an applicant and enroll the patient in the medical cannabis registry if the commissioner determines that the application is complete and no basis for denial exists under Minnesota Statutes, section 152.27, subdivision 6. 

B. 
When a qualifying patient is enrolled in the registry program, the commissioner must: 

(1) 
issue a unique patient registry number; and 

(2) 
notify: 

(a) 
the qualifying patient, designated caregiver, or parent or legal guardian if applicable; 

(b) 
the health care practitioner who completed the patient's written certification of a qualifying condition; and 

(c) 
the registered manufacturers. 

4770.4007DESIGNATED CAREGIVER APPLICATION. Subpart 1.Application.  
The designated caregiver must apply for registration on the form provided by the commissioner and submit to a background check, as required by Minnesota Statutes, section 152.27, subdivision 4, paragraph (b). 

Subp. 2.Application approval.  
The commissioner must approve an applicant and register the designated caregiver if the commissioner determines that the application is complete and no basis for denial exists under Minnesota Statutes, section 152.27, subdivision 4. 

4770.4008RESPONSIBILITIES OF DESIGNATED CAREGIVERS. A. 
A designated caregiver, or the patient's parent or legal guardian if the parent or legal guardian will be acting as a caregiver, must: 

(1) 
notify the commissioner within 30 business days after any change to the information that the registered qualifying patient was previously required to submit to the commissioner, including if the patient becomes an inmate confined in a correctional institution or facility under the supervision of the Department of Corrections; 

(2) 
notify the commissioner promptly by telephone and in writing within ten calendar days following the death of the designated caregiver's registered qualifying patient; and 

(3) 
dispose of all unused medical cannabis using the methods described in part 4770.4012, within ten days of the patient's ceasing to be enrolled in the program for any reason, including death of the patient or product recall. 

B. 
A designated caregiver, or the patient's parent or legal guardian if the parent or legal guardian will be acting as a caregiver, may: 

(1) 
transport a registered qualifying patient to and from a licensed medical cannabis distribution facility; 

(2) 
obtain and transport an adequate supply of medical cannabis from a licensed medical cannabis distribution site on behalf of the registered qualifying patient; 

(3) 
prepare medical cannabis for self-administration by the registered qualifying patient; and 

(4) 
administer medical cannabis to the registered qualifying patient. 

C. 
A designated caregiver, or the patient's parent or legal guardian if the parent or legal guardian will be acting as a caregiver, may not: 

(1) 
consume, by any means, medical cannabis that has been dispensed on behalf of a registered qualifying patient; or 

(2) 
sell, provide, or otherwise divert medical cannabis that has been dispensed for a registered qualifying patient. 

4770.4009REVOCATION OR SUSPENSION OF A QUALIFYING PATIENT OR DESIGNATED CAREGIVER REGISTRATION. Subpart 1.Revocation of qualifying patient enrollment.  
The commissioner may revoke the registration certificate of a qualifying patient under the provisions of Minnesota Statutes, section 152.27, subdivision 6, paragraph (d). 

Subp. 2.Suspension of qualifying patient enrollment.  
The commissioner must suspend the registration of a qualifying patient under the following circumstances. 

A. 
If the qualifying patient is incarcerated in a correctional institution or facility under the supervision of the Department of Corrections, the registration must be suspended for the term of incarceration. 

B. 
If the qualifying patient provided false, misleading, or incorrect information to the commissioner, the patient's registration must be suspended until the information is corrected and the commissioner makes an eligibility determination. 

C. 
If the qualifying patient, together with the qualifying patient's designated caregiver where applicable, obtains more than a 30-day supply of medical cannabis within a 23-day period and the commissioner has reason to believe the patient is abusing or diverting medical cannabis, the patient's registration must be suspended until the commissioner makes an eligibility determination. 

Subp. 3.Designated caregivers.  
The commissioner must revoke the registration of a designated caregiver under the following circumstances:  

A. 
the designated caregiver has a disqualifying felony offense conviction as defined in Minnesota Statutes, section 152.22, subdivision 3; or  

B. 
the designated caregiver, together with the designated caregiver's patient, where applicable, obtains more than a 30-day supply of medical cannabis within a 23-day period and the commissioner has reason to believe the designated caregiver is abusing or diverting medical cannabis. 

4770.4010UNAUTHORIZED POSSESSION OF MEDICAL CANNABIS REPORTING. A. 
A licensed peace officer must report to the commissioner any reasonable suspicion of an individual possessing medical cannabis who is not authorized to possess medical cannabis under Minnesota Statutes, sections 152.22 to 152.37. The officer must report the reasonable suspicion within 72 hours by completing a form on the department's medical cannabis website. If part of an ongoing investigation, the report must be made within 72 hours of the investigation's conclusion. 

B. 
A licensed peace officer who reasonably suspects a person who is otherwise authorized to possess medical cannabis has violated a provision of Minnesota Statutes, section 152.23, must report the suspicion by completing a form on the department's medical cannabis website within 15 days of discovery of the occurrence. 

4770.4012DISPOSAL OF MEDICAL CANNABIS BY QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS. A. 
A qualifying patient or designated caregiver who is no longer registered with the medical cannabis patient registry must, within ten calendar days after the patient or caregiver ceases to be registered or eligible, dispose of any unused medical cannabis in their possession by one of the following methods by: 

(1) 
depositing it with a medical cannabis distribution site located in Minnesota; 

(2) 
depositing it with a law enforcement agency having local jurisdiction for destruction; 

(3) 
disposing of the medical cannabis at a government recognized drug take-back program located in Minnesota; or 

(4) 
rendering it nonrecoverable consistent with the commissioner's proper disposal instructions, which are available at the department's medical cannabis program website. 

B. 
A qualifying patient or designated caregiver who is no longer registered with the medical cannabis patient registry must not transfer, share, give, sell, or deliver any unused medical cannabis in their possession to any other person, regardless of whether the person is participating in the medical cannabis patient registry program. 

4770.4013ANNUAL FEES. 
Each patient application or renewal must be accompanied by the payment of an annual fee. Payment must be made by credit card, bank debit card, cashier's check, or personal check. Annual qualifying patient application fee and reduced fee for patients enrolled in the federal Social Security Disability Income (SSDI), the Supplemental Security Income (SSI) disability, or the medical assistance or MinnesotaCare programs are established in Minnesota Statutes, section 152.35. All fees are nonrefundable. 

4770.4014HEALTH CARE PRACTITIONER REQUIREMENTS. Subpart 1.Qualifications.  
The commissioner must accept written certifications for the therapeutic use of medical cannabis only from health care practitioners who hold: 

A. 
an active license, in good standing, under Minnesota Statutes, chapter 147, for physicians, under Minnesota Statutes, chapter 147A, for physician assistants, or Minnesota Statutes, sections 148.171 to 148.285, the Minnesota Nurse Practice Act, for advanced practice registered nurses; and 

B. 
a DEA registration certificate. 

Subp. 2.Requirements.  
Before issuing a written certification of qualifying condition, a health care practitioner must: 

A. 
have a medical relationship between the health care practitioner and patient with a qualifying condition; 

B. 
assess the patient's medical history and current medical condition, which includes: 

(1) 
an in-person physical examination of the patient appropriate to confirm the diagnosis of a qualifying medical condition. This examination must not be performed by remote means, including telehealth or via the Internet; and  

(2) 
developing a treatment plan for the patient;  

C. 
communicate, as appropriate, with subspecialists also treating the registered patient; and 

D. 
certify that the patient has been diagnosed as having a qualifying medical condition, as defined in Minnesota Statutes, section 152.22, subdivision 14. 

Subp. 3.Duties.  
When the certifying health care practitioner receives notice from the commissioner that a qualifying patient has been enrolled in the registry program, the certifying health care practitioner must: 

A. 
participate in the patient registry reporting system as established by the commissioner for each patient for whom the practitioner has written a certification of qualifying condition. A health care practitioner must transmit patient data as required by Minnesota Statutes, section 152.28, subdivision 1, paragraph (b); 

B. 
be available to provide continuing treatment of the patient's qualifying medical condition; 

C. 
maintain health records under part 4770.4017 for all patients for whom the practitioner has issued a written certification that supports the certification of a qualifying medical condition; 

D. 
report health record data as requested by the commissioner under Minnesota Statutes, section 152.28, subdivision 1, paragraph (b); 

E. 
make a copy of the records that support the certification of a qualifying medical condition available to the commissioner, and otherwise provide information to the commissioner upon request about the patient's qualifying medical condition, course of treatment, and pathological outcomes to ensure compliance with the act; 

F. 
annually assess whether the registered qualifying patient continues to suffer from a qualifying medical condition and, if so, issue the patient a new certificate of that diagnosis; and 

G. 
notify the commissioner, in a manner prescribed by the commissioner, in writing within 14 calendar days of learning of the death of a registered patient whose medical condition was certified by the health care practitioner. 

4770.4015WRITTEN CERTIFICATION OF QUALIFYING CONDITION. 
A certifying health care practitioner must complete a written certification of a patient's qualifying medical condition on a form provided by the commissioner. The written certification must: 

A. 
acknowledge that the qualifying patient is under the health care practitioner's care, either for the patient's primary care or for the qualifying medical condition; 

B. 
confirm the patient's diagnosis of a qualifying medical condition, as defined in Minnesota Statutes, section 152.22, subdivision 14; 

C. 
state whether a patient is developmentally or physically disabled and, as a result of the disability, is unable to self-administer medication or acquire medical cannabis from a distribution facility and requires a designated caregiver; 

D. 
include any additional information the commissioner requests to assess the effectiveness of medical cannabis in treating the medical condition or symptoms; 

E. 
contain an affirmation that the health care practitioner has: 

(1) 
established a patient-provider relationship; 

(2) 
conducted an in-person physical examination appropriate to confirm the diagnosis; and 

(3) 
reviewed the patient's medical history to confirm the diagnosis within the health care practitioner's professional standards of practice; and 

F. 
include the date the certification of a qualifying medical condition was made. 

4770.4016HEALTH CARE PRACTITIONER PROHIBITIONS. 
A health care practitioner who has issued or intends to issue a written certification must not: 

A. 
examine a qualifying patient to issue a written certification at a location where medical cannabis is manufactured, sold, or dispensed; 

B. 
refer a patient to a manufacturer or distributor of medical cannabis; 

C. 
refer a patient to a designated caregiver; 

D. 
issue a written certification for the health care practitioner; 

E. 
hold a financial interest in an enterprise that provides or distributes medical cannabis; 

F. 
directly or indirectly accept, solicit, or receive anything of value from a manufacturer, employee of a manufacturer, or any other person associated with a manufacturing facility; 

G. 
offer a discount or any other thing of value to a qualifying patient who uses or agrees to use a particular designated caregiver, distribution facility, or medical cannabis product; or 

H. 
directly or indirectly benefit from a patient obtaining a written certification. Such prohibition does not prohibit a health care practitioner from charging an appropriate fee for the patient visit. 

4770.4017RECORDS MAINTAINED BY THE CERTIFYING HEALTH CARE PRACTITIONER. Subpart 1.Health records maintained.  
The health care practitioner must maintain a health record for each patient for whom the health care practitioner has certified a qualifying medical condition. These records need not be maintained separately from the health care practitioner's established records for the ongoing medical relationship with the patient. 

Subp. 2.Contents.  
The records must be legible, accurately reflect the patient's evaluation and treatment, and must include the following: 

A. 
the patient's name and dates of visits and treatments; 

B. 
the patient's case history as it relates to the qualifying condition; 

C. 
the patient's health condition as determined by the health care practitioner's examination and assessment; 

D. 
the results of all diagnostic tests and examinations as they relate to the qualifying condition; and any diagnosis resulting from the examination; 

E. 
the patient's plan of care, which must state with specificity the patient's condition, functional level, treatment objectives, medical orders, plans for continuing care, and modifications to that plan; and 

F. 
a list of drugs prescribed, administered and dispensed, and the quantity of the drugs. 

Subp. 3.Retention.  
The health care practitioner must keep records for each qualifying patient for at least three years after the last patient visit, or seven years, whichever is greater. 

4770.4018REPORTS. 
A participating health care practitioner must report health record data as requested by the commissioner under Minnesota Statutes, 152.28, subdivision 1, paragraph (b). 

4770.4030HEALTH CARE FACILITIES; STORAGE. Subpart 1.Storage policy.  
A health care facility, as defined in Minnesota Statutes, section 152.34, may adopt policies relating to the secure storage of a registered patient's medical cannabis. Policies may include: 

A. 
secure storage with access limited to authorized personnel; or 

B. 
allowing patients, patients' registered designated caregivers, or patients' parents or legal guardians if listed on the registry verification, to maintain direct possession of the medical cannabis. 

Subp. 2.Return of items.  
Upon discharge, transfer, or death of a patient registered to use medical cannabis, the health care facility must return all medical cannabis to the patient or another person authorized to possess it. If the health care facility is unable to return any remaining medical cannabis to the patient or other authorized person, it must destroy the medical cannabis in a manner consistent with instructions posted on the department's medical cannabis website. The transfer or destruction must be recorded in the patient's health record.