HF 936

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; enacting the Medical Marijuana Act 
  1.3             to protect seriously ill patients from prosecution and 
  1.4             prison for using medicinal marijuana under a medical 
  1.5             doctor's supervision; imposing criminal penalties; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 152. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [152.22] [MEDICAL MARIJUANA ACT.] 
  1.10     Subdivision 1.  [FINDINGS AND PURPOSE.] The legislature 
  1.11  finds that patients, doctors, and researchers have found 
  1.12  marijuana to be an effective treatment for suffering caused by 
  1.13  debilitating medical conditions, and therefore, marijuana should 
  1.14  be treated like other medicines.  Minnesotans suffering from 
  1.15  debilitating medical conditions should be allowed to use small 
  1.16  amounts of marijuana without fear of civil or criminal penalties 
  1.17  when their doctors advise that such use may provide a medical 
  1.18  benefit to them and when other reasonable restrictions are met 
  1.19  regarding that use. 
  1.20     The purpose of this act is to allow Minnesotans with 
  1.21  debilitating medical conditions who may benefit from the medical 
  1.22  use of marijuana to be able to discuss freely with their doctor 
  1.23  the possible risks and benefits of medical marijuana use and to 
  1.24  have the benefit of their doctor's professional advice.  The 
  1.25  purpose of this act is also to ensure that seriously ill 
  1.26  patients are not penalized by the state for obtaining and using 
  2.1   marijuana strictly for medical purposes when such a patient's 
  2.2   medical doctor provides a professional opinion that marijuana is 
  2.3   medically beneficial to the patient.  The purpose of this act 
  2.4   also ensures that licensed medical doctors are not penalized by 
  2.5   the state for providing their professional opinions on the 
  2.6   medical use of marijuana. 
  2.7      This act is therefore intended to make only those changes 
  2.8   to existing Minnesota laws that are necessary to protect 
  2.9   patients and their doctors from criminal and civil penalties and 
  2.10  is not intended to enable patients and doctors to take advantage 
  2.11  of the law to procure marijuana for nonmedical purposes, 
  2.12  endanger the public, or enable minors to use medicinal marijuana 
  2.13  without the permission of their parents or legal guardians.  The 
  2.14  act is not intended to change current civil and criminal laws 
  2.15  governing the use of marijuana for nonmedical purposes or to put 
  2.16  the state itself in violation of federal law. 
  2.17     Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
  2.18  following terms shall have the meanings given. 
  2.19     (a) "Physician" or "Doctor" means a doctor of medicine, in 
  2.20  good standing, licensed to practice medicine under chapter 147, 
  2.21  who has primary responsibility for the care and treatment of a 
  2.22  person diagnosed with a debilitating medical condition.  
  2.23     (b) "Debilitating medical condition" means:  
  2.24     (1) a medical condition or treatment for such condition 
  2.25  that produces, for a specific patient, one or more of the 
  2.26  following:  increased intraocular pressure from glaucoma; 
  2.27  appetite loss, cachexia or wasting syndrome; severe nausea and 
  2.28  vomiting; spastic conditions or conditions having persistent 
  2.29  muscle spasms; severe pain; seizures, including but not limited 
  2.30  to seizures characteristic of epilepsy; and migraines; and 
  2.31     (2) such medical conditions or treatment for such 
  2.32  conditions includes but is not limited to glaucoma; cancer; 
  2.33  Crohn's disease; positive status for human immunodeficiency 
  2.34  virus (HIV) or acquired immunodeficiency syndrome (AIDS); 
  2.35  cerebral palsy; spinal cord injuries; multiple sclerosis; 
  2.36  scleroderma; or 
  3.1      (3) any other medical condition or treatment for a medical 
  3.2   condition approved by the commissioner of health of the state 
  3.3   department of health, pursuant to its authority for considering 
  3.4   petitions submitted by physicians and potentially qualifying 
  3.5   patients requesting to add a particular disease or debilitating 
  3.6   medical condition to those included in this clause.  The state 
  3.7   department of health shall adopt a procedure to evaluate such 
  3.8   petitions.  The state department of health will approve or deny 
  3.9   a petition within 90 days of its receipt and promulgate up to 
  3.10  120 days after the date of determination. 
  3.11     (c) "Parent" means legal custodial adult, mother, father, 
  3.12  legal guardian, or any other person having custody of a 
  3.13  qualifying patient under the age of 18 years.  
  3.14     (d) "Primary caregiver" means a person or agency 
  3.15  representative, other than the qualifying patient who has been 
  3.16  diagnosed with a debilitating medical condition and the 
  3.17  qualifying patient's physician, who is 18 years of age or older 
  3.18  and has significant responsibility for managing the well-being 
  3.19  of the qualifying patient.  
  3.20     (e) "Qualifying patient" means an individual who has been 
  3.21  diagnosed by an attending physician as having a debilitating 
  3.22  medical condition. 
  3.23     (f) "Marijuana" means marijuana as defined in section 
  3.24  152.01, subdivision 9. 
  3.25     (g) "Medical use of marijuana" means the acquisition, 
  3.26  possession, cultivation, use, distribution, delivery, or 
  3.27  transportation of marijuana, or equipment or supplies related to 
  3.28  the administration of marijuana, as necessary for the exclusive 
  3.29  benefit of the qualifying patient to mitigate the symptoms or 
  3.30  effects of the qualifying individual's debilitating medical 
  3.31  condition. 
  3.32     (h) "Adequate supply" means no more marijuana than is 
  3.33  necessary to assure, throughout the projected course of 
  3.34  treatment, the uninterrupted availability of such marijuana for 
  3.35  the purpose of alleviating the symptoms or effects of a 
  3.36  qualifying patient's debilitating medical condition, not to 
  4.1   exceed eight ounces at any one time. 
  4.2      (i) "Usable marijuana" means the dried leaves and flowers 
  4.3   of the plant Cannabis, family Moraceae, and any mixture or 
  4.4   preparation thereof, that are appropriate for medical use as 
  4.5   allowed in this act.  "Usable marijuana" does not include the 
  4.6   seeds, stalks, and roots of the plant. 
  4.7      (j) "Written documentation" means a statement signed by the 
  4.8   attending physician of a person diagnosed with a debilitating 
  4.9   medical condition which states that, in the physician's 
  4.10  professional opinion, the potential benefits of the medical use 
  4.11  of marijuana would likely outweigh the health risks for a 
  4.12  particular qualifying patient.  
  4.13     Subd. 3.  [EXEMPTION FROM CRIMINAL AND CIVIL PENALTIES FOR 
  4.14  THE MEDICAL USE OF MARIJUANA.] (a) It is lawful for any 
  4.15  qualifying patient who has obtained written documentation from 
  4.16  the qualifying patient's physician in the context of a bona fide 
  4.17  physician-patient relationship to engage in the medical use of 
  4.18  marijuana only as justified to mitigate the symptoms or effects 
  4.19  of the person's debilitating medical condition in which the 
  4.20  quantity of marijuana does not exceed an adequate supply.  
  4.21  Except as allowed in paragraph (b), a qualified patient and that 
  4.22  person's designated primary caregiver may not collectively 
  4.23  possess, deliver, or produce more than the following: 
  4.24     (1) if the person is present in a location at which 
  4.25  marijuana is not produced, including any residence associated 
  4.26  with that location, one ounce of usable marijuana; and 
  4.27     (2) if the qualifying patient is present at a location at 
  4.28  which marijuana is produced, including any residence associated 
  4.29  with that location, three mature marijuana plants, four immature 
  4.30  marijuana plants, and an adequate supply of useable marijuana. 
  4.31     (b) If qualifying patients possess, deliver, or produce 
  4.32  marijuana in excess of the amounts allowed in paragraph (a), 
  4.33  clauses (1) and (2), such individuals are not excepted from the 
  4.34  criminal laws of the state but may establish an affirmative 
  4.35  defense to the charges, by a preponderance of evidence, that the 
  4.36  greater amount is medically necessary to mitigate the symptoms 
  5.1   or effects of the person's debilitating medical condition. 
  5.2      Subd. 4.  [MATURE MARIJUANA PLANTS.] A botanist with Ph.D. 
  5.3   credentials and proven knowledge of Moraceae family plants shall 
  5.4   define for the state department of health when a marijuana plant 
  5.5   is mature and when it is immature for purposes identified in 
  5.6   this section. 
  5.7      Subd. 5.  [LEGAL PROTECTION EXTENDED TO PRIMARY 
  5.8   CAREGIVERS.] When the acquisition, possession, cultivation, 
  5.9   distribution, transportation, or administration of marijuana by 
  5.10  a qualifying patient is not practicable, the legal protections 
  5.11  established by this section for a qualifying patient shall 
  5.12  extend to that patient's primary caregiver.  The protections for 
  5.13  the primary caregiver extend only insofar as the actions of the 
  5.14  caregiver are necessary for the qualifying patient's medical use 
  5.15  of marijuana, and the actions are subject to the restrictions 
  5.16  listed in subdivision 12. 
  5.17     Subd. 6.  [PHYSICIAN OPINIONS ABOUT MEDICAL USE OF 
  5.18  MARIJUANA.] No physician is subject to arrest or prosecution, 
  5.19  nor penalized in any manner, whether by licensing or examining 
  5.20  board, nor denied any right or privilege, for providing a 
  5.21  professional opinion or written documentation to a person whom 
  5.22  the physician has diagnosed as having a debilitating medical 
  5.23  condition, for which other medications are contraindicated or 
  5.24  have not provided sufficient relief to the patient or cause 
  5.25  unacceptable side effects, with whom the potential risks and 
  5.26  benefits of the medical use of marijuana has been discussed, 
  5.27  provided that the professional opinion or written documentation 
  5.28  is based upon the physician's professional assessment of the 
  5.29  person's medical history and current medical condition made in 
  5.30  the course of a bona fide physician-patient relationship. 
  5.31     Subd. 7.  [PHYSICIAN TESTIMONY.] In any legal proceeding in 
  5.32  which rights created by this section are asserted, a physician 
  5.33  called as a witness shall be informed of the physician's 
  5.34  personal rights and shall be permitted to testify before a 
  5.35  judge, in camera.  The testimony, when introduced in a public 
  5.36  proceeding, if the physician witness so requests, shall have 
  5.37  redacted the name of the physician and the court shall maintain 
  6.1   the name and identifying characteristics of the physician under 
  6.2   seal. 
  6.3      Subd. 8.  [PROPERTY NOT FORFEITED.] Any property interest 
  6.4   that is possessed, owned, leased, or used in connection with the 
  6.5   medical use of marijuana, or acts incidental to such use, must 
  6.6   not be harmed, neglected, injured, or destroyed while in the 
  6.7   possession of state or local law enforcement officials where 
  6.8   such property has been seized in connection with the claimed 
  6.9   medical use of marijuana.  Any property interest must not be 
  6.10  forfeited under any provision of state law providing for the 
  6.11  forfeiture of property other than as a sentence imposed after 
  6.12  conviction of a criminal offense.  Marijuana, equipment or 
  6.13  supplies, and other property seized by state or local law 
  6.14  enforcement officials from a qualifying patient or primary 
  6.15  caregiver in connection with the claimed medical use of 
  6.16  marijuana shall be returned immediately upon the determination 
  6.17  of the court that the qualifying patient or primary caregiver is 
  6.18  entitled to the protections contained in this section, as may be 
  6.19  evidenced, for example, by a decision not to prosecute, the 
  6.20  dismissal of charges, or acquittal. 
  6.21     Subd. 9.  [PROHIBITING PROSECUTIONS.] No person may be 
  6.22  prosecuted for "constructive possession," "conspiracy," or any 
  6.23  other criminal offense solely for being in the presence or 
  6.24  vicinity of the medical use of marijuana. 
  6.25     Subd. 10.  [ESTABLISHING AN AFFIRMATIVE DEFENSE.] Except as 
  6.26  provided in subdivision 12, any qualifying patient or caregiver 
  6.27  charged with a violation of state law related to the claimed 
  6.28  medical use of marijuana may raise as an affirmative defense to 
  6.29  a prosecution that such medical use is authorized by subdivision 
  6.30  3 and the affirmative defense shall be presumed to be valid 
  6.31  where the evidence shows that: 
  6.32     (1) the qualifying patient has been diagnosed by a licensed 
  6.33  physician as having a debilitating medical condition; 
  6.34     (2) the qualifying patient's attending physician, in the 
  6.35  context of a bona fide physician-patient relationship has 
  6.36  advised that, in the physician's professional opinion, the 
  7.1   potential benefits of the medical use of marijuana may mitigate 
  7.2   the symptoms or effects of that debilitating medical condition, 
  7.3   and would likely outweigh the risks for the particular 
  7.4   qualifying patient, including insufficient relief, side effects 
  7.5   or contraindications of other medications; 
  7.6      (3) the qualifying patient is engaged in the medical use of 
  7.7   marijuana; and 
  7.8      (4) the qualifying patient and primary caregiver were 
  7.9   collectively producing or in possession of a quantity of 
  7.10  marijuana that does not exceed an adequate supply, or in excess 
  7.11  of that amount, if the person proves by a preponderance of the 
  7.12  evidence that the greater amount is medically necessary to 
  7.13  mitigate the symptoms or effects of the person's debilitating 
  7.14  medical condition. 
  7.15     Subd. 11.  [PROVIDING ADDITIONAL RESTRICTIONS FOR MEDICAL 
  7.16  USE OF MARIJUANA BY MINORS.] Qualifying patients under 18 years 
  7.17  of age may not engage in the medical use of marijuana, pursuant 
  7.18  to subdivision 3 or 10, unless: 
  7.19     (1) the qualifying patient's physician has explained the 
  7.20  potential risks and benefits of the medical use of marijuana to 
  7.21  the qualifying patient and at least one of the qualifying 
  7.22  patient's parents; 
  7.23     (2) at least one of the qualifying patient's parents 
  7.24  affirms in writing that they consent to the qualifying patient's 
  7.25  medical use of marijuana and the documentation be placed in the 
  7.26  qualifying patient's medical record; and 
  7.27     (3) one of the qualifying patient's parents agrees in 
  7.28  writing to serve as the qualifying patient's primary caregiver, 
  7.29  and this caregiver controls the acquisition of such marijuana 
  7.30  and the dosage and frequency of the medical use of marijuana by 
  7.31  the qualifying patient. 
  7.32     Subd. 12.  [PROHIBITIONS, RESTRICTIONS, AND LIMITATIONS 
  7.33  REGARDING THE MEDICAL USE OF MARIJUANA.] This act is not 
  7.34  intended to condone or promote the growing, use, or possession 
  7.35  of marijuana for recreational purposes or any purposes other 
  7.36  than specified, therefore: 
  8.1      (a) Notwithstanding the foregoing provisions, no person, 
  8.2   including a qualifying patient or primary caregiver, is entitled 
  8.3   to the protections of this act for acquisition, possession, 
  8.4   cultivation, use, distribution, transportation, or 
  8.5   administration of marijuana for any use other than medical use. 
  8.6      (b) Fraudulent representation of medical use of marijuana 
  8.7   by a person to a law enforcement official for the purpose of 
  8.8   avoiding arrest and prosecution is punishable by up to 30 days 
  8.9   in jail and a $500 fine, in addition to any penalties that may 
  8.10  apply for the nonmedical use of marijuana. 
  8.11     (c) No qualifying patient may engage in the medical use of 
  8.12  marijuana in a way that harms the health or well-being of 
  8.13  another person. 
  8.14     Subd. 13.  [SEVERABILITY OF THIS ACT.] If any provision of 
  8.15  this act or the application thereof to any person or 
  8.16  circumstance is held invalid, that invalidity shall not affect 
  8.17  other provisions or applications of this act which can be given 
  8.18  effect without the invalid provision of application, and to this 
  8.19  end the provisions of this act are severable. 
  8.20     Subd. 14.  [CITATION.] This section may be cited as the 
  8.21  "Medical Marijuana Act."