HF 4871

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:18pm

A bill for an act
relating to cannabis Next ; requiring the Office of Previous Cannabis Next Management to establish
limits on the total THC in Previous cannabis Next flower and Previous cannabis Next products; prohibiting the
addition of ingredients to impart a taste or smell to Previous cannabis Next products intended to
be consumed through the inhalation of smoke, vapor, or aerosol; requiring warnings
about Previous cannabis Next consumption to include a warning regarding cancer; prohibiting
advertisements that promote the co-consumption of alcohol and Previous cannabis Next ; amending
Minnesota Statutes 2023 Supplement, sections 342.06; 342.63, subdivision 6;
342.64, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 342.06, is amended to read:

342.06 APPROVAL OF Previous CANNABIS Next FLOWER, PRODUCTS, AND
CANNABINOIDS.

(a) For the purposes of this section, "product category" means a type of product that
may be sold in different sizes, distinct packaging, or at various prices but is still created
using the same manufacturing or agricultural processes. A new or additional stock keeping
unit (SKU) or Universal Product Code (UPC) shall not prevent a product from being
considered the same type as another unit. All other terms have the meanings provided in
section 342.01.

(b) The office shall approve product categories of Previous cannabis Next flower, Previous cannabis Next products,
lower-potency hemp edibles, and hemp-derived consumer products for retail sale.

(c) The office deleted text begin may deleted text end new text begin must new text end establish limits on the total THC of Previous cannabis Next flower, Previous cannabis Next
products, and hemp-derived consumer products. As used in this paragraph, "total THC"
means the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by
0.877 plus the percentage by weight of all tetrahydrocannabinols.

(d) The office shall not approve any Previous cannabis Next product, lower-potency hemp edible, or
hemp-derived consumer product that:

(1) is or appears to be a lollipop or ice cream;

(2) bears the likeness or contains characteristics of a real or fictional person, animal, or
fruit;

(3) is modeled after a type or brand of products primarily consumed by or marketed to
children;

(4) is substantively similar to a meat food product; poultry food product as defined in
section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision
7;

(5) contains a synthetic cannabinoid;

(6) is made by applying a cannabinoid, including but not limited to an artificially derived
cannabinoid, to a finished food product that does not contain cannabinoids and is sold to
consumers, including but not limited to a candy or snack food; deleted text begin or
deleted text end

new text begin (7) is intended to be consumed by the combustion or vaporization of the product and
the inhalation of smoke, aerosol, or vapor from the product, that imparts a taste or smell,
other than the taste or smell of Previous cannabis Next , that is distinguishable by an ordinary person prior
to or during the consumption of the product; or
new text end

deleted text begin (7) deleted text end new text begin (8) new text end if the product is an edible Previous cannabis Next product or lower-potency hemp edible, contains
an ingredient, other than a cannabinoid, that is not approved by the United States Food and
Drug Administration for use in food.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 342.63, subdivision 6, is amended
to read:

Subd. 6.

Additional information.

(a) A Previous cannabis Next microbusiness, Previous cannabis Next mezzobusiness,
Previous cannabis Next retailer, medical Previous cannabis Next retailer, or medical Previous cannabis Next combination business must
provide customers and patients with the following information:

(1) factual information about impairment effects and the expected timing of impairment
effects, side effects, adverse effects, and new text begin the risk of cancer and other new text end health risks deleted text begin of deleted text end new text begin associated
with new text end Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived
consumer products;

(2) a statement that customers and patients must not operate a motor vehicle or heavy
machinery while under the influence of Previous cannabis Next flower, Previous cannabis Next products, lower-potency
hemp edibles, and hemp-derived consumer products;

(3) resources customers and patients may consult to answer questions about Previous cannabis Next
flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer
products, and any side effects and adverse effects;

(4) contact information for the poison control center and a safety hotline or website for
customers to report and obtain advice about side effects and adverse effects of Previous cannabis Next
flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer
products;

(5) substance use disorder treatment options; and

(6) any other information specified by the office.

(b) A Previous cannabis Next microbusiness, Previous cannabis Next mezzobusiness, Previous cannabis Next retailer, or medical
Previous cannabis Next retailer may include the information described in paragraph (a) on the label affixed
to the packaging or container of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp
edibles, and hemp-derived consumer products by:

(1) posting the information in the premises of the Previous cannabis Next microbusiness, Previous cannabis Next
mezzobusiness, Previous cannabis Next retailer, medical Previous cannabis Next retailer, or medical Previous cannabis Next combination
business; or

(2) providing the information on a separate document or pamphlet provided to customers
or patients when the customer purchases Previous cannabis Next flower, a Previous cannabis Next product, a lower-potency
hemp edible, or a hemp-derived consumer product.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 342.64, subdivision 1, is amended
to read:

Subdivision 1.

Limitations applicable to all advertisements.

Previous Cannabis Next businesses,
hemp businesses, and other persons shall not publish or cause to be published an
advertisement for a Previous cannabis Next business, a hemp business, Previous cannabis Next flower, a Previous cannabis Next product,
a lower-potency hemp edible, or a hemp-derived consumer product in a manner that:

(1) contains false or misleading statements;

(2) contains unverified claims about the health or therapeutic benefits or effects of
consuming Previous cannabis Next flower, a Previous cannabis Next product, a lower-potency hemp edible, or a
hemp-derived consumer product;

(3) promotes the overconsumption of Previous cannabis Next flower, a Previous cannabis Next product, a
lower-potency hemp edible, or a hemp-derived consumer product;

new text begin (4) promotes the co-consumption of Previous cannabis Next flower, a Previous cannabis Next product, a lower-potency
hemp edible, or a hemp-derived consumer product with alcohol;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end depicts a person under 21 years of age consuming Previous cannabis Next flower, a Previous cannabis
product, a lower-potency hemp edible, or a hemp-derived consumer product; or

deleted text begin (5) deleted text end new text begin (6) new text end includes an image designed or likely to appeal to individuals under 21 years of
age, including cartoons, toys, animals, or children, or any other likeness to images, characters,
or phrases that is designed to be appealing to individuals under 21 years of age or encourage
consumption by individuals under 21 years of age; and

deleted text begin (6) deleted text end new text begin (7) new text end does not contain a warning as specified by the office regarding impairment and
health risks.