Office of the Revisor of Statutes
SF 3349
Introduction - 94th Legislature (2025 - 2026)
Posted on 08/20/2025 01:42 p.m.
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A bill for an act
relating to cannabis; requiring health care facilities to accommodate cannabis and
hemp products; amending Minnesota Statutes 2024, section 342.56, subdivision
2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 342.56, subdivision 2, is amended to read:
Subd. 2.
Health care facilities.
(a) Health care facilities licensed under chapter 144A;
hospice providers licensed under chapter 144A; boarding care homes or supervised living
facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities
owned, controlled, managed, or under common control with hospitals licensed under chapter
144; and other health care facilities licensed by the commissioner of health or the
commissioner of human services may adopt reasonable restrictions on the use of deleted text begin medicaldeleted text end
cannabis flower deleted text begin or medicaldeleted text end new text begin ,new text end cannabinoid productsnew text begin , lower-potency hemp edibles, hemp-derived
consumer products, or hemp-derived topical productsnew text end by a patient enrolled in the registry
program who resides at or is actively receiving treatment or care at the facility. The
restrictions may include a provision that the facility must not store or maintain a patient's
supply of medical cannabis flower or medical cannabinoid products on behalf of the patient;
that a patient store the patient's supply of deleted text begin medicaldeleted text end cannabis flower deleted text begin or medicinaldeleted text end new text begin ,new text end cannabinoid
productsnew text begin , lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived
topical productsnew text end in a locked container accessible only to the patient, the patient's designated
caregiver, or the patient's parent, legal guardian, or spouse; that the facility is not responsible
for providing deleted text begin medicaldeleted text end cannabis new text begin or hemp new text end for patients; and that deleted text begin medicaldeleted text end cannabis flower deleted text begin or
medicaldeleted text end new text begin ,new text end cannabinoid productsnew text begin , lower-potency hemp edibles, hemp-derived consumer
products, or hemp-derived topical productsnew text end are used only in a location specified by the
facility or provider. Nothing in this subdivision requires facilities and providers listed in
this subdivision to adopt such restrictions.
(b) No facility or provider listed in this subdivision may unreasonably limit a patient's
access to or use of medical cannabis flower or medical cannabinoid productsnew text begin , lower-potency
hemp edibles, hemp-derived consumer products, or hemp-derived topical productsnew text end to the
extent that such use is authorized under sections 342.51 to 342.59new text begin , or the patient is a visiting
patient authorized to use medical cannabis under the laws of their state of residencenew text end . No
facility or provider listed in this subdivision may prohibit a patient access to or use of medical
cannabis flower or medical cannabinoid products due solely to the fact that cannabis is a
controlled substance pursuant to the federal Uniform Controlled Substances Act. If a federal
regulatory agency, the United States Department of Justice, or the federal Centers for
Medicare and Medicaid Services takes one of the following actions, a facility or provider
may suspend compliance with this paragraph until the regulatory agency, the United States
Department of Justice, or the federal Centers for Medicare and Medicaid Services notifies
the facility or provider that it may resume permitting the use of deleted text begin medicaldeleted text end cannabis flower deleted text begin or
medicaldeleted text end new text begin ,new text end cannabinoid productsnew text begin , lower-potency hemp edibles, hemp-derived consumer
products, or hemp-derived topical productsnew text end within the facility or in the provider's service
setting:
(1) a federal regulatory agency or the United States Department of Justice initiates
enforcement action against a facility or provider related to the facility's compliance with
the medical cannabis program; or
(2) a federal regulatory agency, the United States Department of Justice, or the federal
Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification
to the facility or provider that expressly prohibits the use of medical cannabis in health care
facilities or otherwise prohibits compliance with the medical cannabis program.
(c) An employee or agent of a facility or provider listed in this subdivision or a person
licensed under chapter 144E is not violating this chapter or chapter 152 for the possession
of medical cannabis flower or medical cannabinoid products while carrying out employment
duties, including providing or supervising care to a patient enrolled in the registry program,
or distribution of medical cannabis flower or medical cannabinoid products to a patient
enrolled in the registry program who resides at or is actively receiving treatment or care at
the facility or from the provider with which the employee or agent is affiliated.
new text begin
(d) Nothing in this subdivision is intended to require a facility covered by this subdivision
to permit violations of sections 144.411 to 144.417.
new text end