2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 01/25/2023 05:04pm
A bill for an act
relating to cannabis; establishing the Office of Cannabis Management; establishing
advisory councils; requiring reports relating to cannabis use and sales; legalizing
and limiting the possession and use of cannabis by adults; providing for the
licensing, inspection, and regulation of cannabis businesses; requiring testing of
cannabis flower and cannabinoid products; requiring labeling of cannabis flower
and cannabinoid products; limiting the advertisement of cannabis flower,
cannabinoid products, and cannabis businesses; providing for the cultivation of
cannabis in private residences; transferring regulatory authority for the medical
cannabis program; taxing the sale of adult-use cannabis; establishing grant and
loan programs; amending criminal penalties; establishing expungement procedures
for certain individuals; establishing labor standards for the use of cannabis by
employees and testing of employees; providing for the temporary regulation of
certain edible cannabinoid products; providing for professional licensing
protections; amending the scheduling of marijuana and tetrahydrocannabinols;
classifying data; making miscellaneous cannabis-related changes and additions;
making clarifying and technical changes; appropriating money; amending
Minnesota Statutes 2022, sections 13.411, by adding a subdivision; 13.871, by
adding a subdivision; 34A.01, subdivision 4; 144.99, subdivision 1; 151.72; 152.02,
subdivisions 2, 4; 152.021, subdivision 2; 152.022, subdivisions 1, 2; 152.023,
subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1, 2; 181.938,
subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision;
181.951, by adding subdivisions; 181.952, by adding a subdivision; 181.953;
181.954; 181.955; 181.957, subdivision 1; 244.05, subdivision 2; 245C.08,
subdivision 1; 256.01, subdivision 18c; 256B.0625, subdivision 13d; 256D.024,
subdivisions 1, 3; 256J.26, subdivisions 1, 3; 273.13, subdivision 24; 275.025,
subdivision 2; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.61,
subdivision 3; 297A.67, subdivisions 2, 7; 297A.70, subdivisions 2, 18; 297A.99,
by adding a subdivision; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08;
297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 340A.412, subdivision
14; 609.135, subdivision 1; 609.5311, subdivision 1; 609.5314, subdivision 1;
609.5316, subdivision 2; 609A.01; 609A.03, subdivisions 5, 9; 609B.425,
subdivision 2; 609B.435, subdivision 2; 624.712, by adding subdivisions; 624.713,
subdivision 1; 624.714, subdivision 6; 624.7142, subdivision 1; 624.7151;
proposing coding for new law in Minnesota Statutes, chapters 3; 116J; 116L; 120B;
144; 152; 289A; 295; 340A; 609A; 624; proposing coding for new law as Minnesota
Statutes, chapter 342; repealing Minnesota Statutes 2022, sections 151.72; 152.027,
subdivisions 3, 4; 152.21; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10,
11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26;
152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3;
152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3;
152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1,
1a, 2, 3, 4, 5; 152.37; Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300;
4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100;
4770.1200; 4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700;
4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400;
4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005;
4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014;
4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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For the purposes of this chapter, the following terms have the
meanings given them.
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"Adult-use cannabinoid product" means a
cannabinoid product that is approved for sale by the office or is substantially similar to a
product approved by the office. Adult-use cannabinoid product includes edible cannabinoid
products but does not include medical cannabinoid products.
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"Adult-use cannabis concentrate" means
cannabis concentrate that is approved for sale by the office or is substantially similar to a
product approved by the office. Adult-use cannabis concentrate does not include artificially
derived cannabinoids.
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"Adult-use cannabis flower" means cannabis
flower that is approved for sale by the office or is substantially similar to a product approved
by the office. Adult-use cannabis flower does not include medical cannabis flower, hemp
plant parts, or hemp-derived consumer products.
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"Advertisement" means any written or oral statement,
illustration, or depiction that is intended to promote sales of cannabis flower, cannabinoid
products, lower potency edible products, hemp-derived consumer products, or sales at a
specific cannabis business and includes any newspaper, radio, internet and electronic media,
or television promotion; the distribution of fliers and circulars; and the display of window
and interior signs in a cannabis business. Advertisement does not include a fixed outdoor
sign that meets the requirements in section 342.66, subdivision 2, paragraph (b).
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"Artificially derived cannabinoid" means a
cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp plant
parts with a chemical makeup that is changed after extraction to create a different cannabinoid
or other chemical compound by applying a catalyst other than heat or light. Artificially
derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from
cannabidiol but does not include cannabis concentrate, cannabinoid products, or hemp-derived
consumer products.
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"Batch" means:
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(1) a specific quantity of cannabis plants that are cultivated from the same seed or plant
stock, are cultivated together, are intended to be harvested together, and receive an identical
propagation and cultivation treatment; or
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(2) a specific quantity of a specific cannabinoid product, lower potency edible product,
artificially derived cannabinoid, or hemp-derived consumer product that is manufactured
at the same time and using the same methods, equipment, and ingredients that is uniform
and intended to meet specifications for identity, strength, purity, and composition, and that
is manufactured, packaged, and labeled according to a single batch production record
executed and documented during the same cycle of manufacture and produced by a
continuous process.
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"Batch number" means a unique numeric or alphanumeric
identifier assigned to a batch of cannabis flower or a batch of cannabinoid product, lower
potency edible product, artificially derived cannabinoid, or hemp-derived consumer product.
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"Bona fide labor organization" means a labor
union that represents or is actively seeking to represent cannabis workers.
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"Cannabinoid" means any of the chemical constituents of hemp
plants or cannabis plants that are naturally occurring, biologically active, and act on the
cannabinoid receptors of the brain. Cannabinoid includes but is not limited to
tetrahydrocannabinol and cannabidiol.
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"Cannabinoid extraction" means the process of
extracting cannabis concentrate from cannabis plants or cannabis flower using water, lipids,
gases, solvents, or other chemicals or chemical processes, but does not include the process
of extracting concentrate from hemp plants or hemp plant parts or the process of creating
artificially derived cannabinoids.
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(a) "Cannabinoid product" means any of the following:
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(1) cannabis concentrate;
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(2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol,
extracted or derived from cannabis plants or cannabis flower;
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(3) any other product that contains cannabis concentrate; or
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(4) a product infused with artificially derived cannabinoids.
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(b) Cannabinoid product includes adult-use cannabinoid products, including but not
limited to edible cannabinoid products, and medical cannabinoid products. Cannabinoid
product does not include cannabis flower, artificially derived cannabinoids, or hemp-derived
consumer products.
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"Cannabinoid profile" means the amounts of each
cannabinoid that the office requires to be identified in testing and labeling, including but
not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol,
cannabidiolic acid, and cannabigerol in cannabis flower, a cannabinoid product, a batch of
artificially derived cannabinoid, or a hemp-derived consumer product, expressed as
percentages measured by weight and, in the case of cannabinoid products and hemp-derived
consumer products, expressed as milligrams in each serving and package.
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"Cannabis business" means any of the following licensed
under this chapter:
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(1) cannabis cultivator;
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(2) cannabis manufacturer;
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(3) cannabis retailer;
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(4) cannabis wholesaler;
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(5) cannabis transporter;
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(6) cannabis testing facility;
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(7) cannabis microbusiness;
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(8) cannabis event organizer;
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(9) cannabis delivery service;
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(10) lower potency edible retailer;
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(11) medical cannabis cultivator;
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(12) medical cannabis processor; and
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(13) medical cannabis retailer.
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(a) "Cannabis concentrate" means:
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(1) the extracts and resins of a cannabis plant or cannabis flower;
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(2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase
the presence of targeted cannabinoids; or
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(3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis
flower and is intended to be consumed by combustion or vaporization of the product and
inhalation of smoke, aerosol, or vapor from the product.
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(b) Cannabis concentrate does not include industrial hemp, artificially derived
cannabinoids, or hemp-derived consumer products.
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"Cannabis flower" means the harvested flower, bud, leaves,
and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and
medical cannabis flower. Cannabis flower does not include cannabis seed, industrial hemp,
or hemp-derived consumer products.
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"Cannabis industry" means every item, product, person,
process, action, business, or other thing subject to regulation under this chapter.
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"Cannabis paraphernalia" means all equipment,
products, and materials of any kind that are knowingly or intentionally used primarily in:
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(1) cultivating or harvesting cannabis plants or cannabis flower;
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(2) manufacturing cannabinoid products;
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(3) ingesting, inhaling, or otherwise introducing cannabis flower or cannabinoid products
into the human body; and
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(4) testing the strength, effectiveness, or purity of cannabis flower, cannabinoid products,
or hemp-derived consumer products.
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"Cannabis plant" means all parts of the plant of the genus
Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol
concentration of more than 0.3 percent on a dry weight basis.
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"Cannabis prohibition" means the system of state and
federal laws that prevented establishment of a legal market and instead established petty
offenses and criminal offenses punishable by fines, imprisonment, or both for the cultivation,
possession, and sale of all parts of the plant of any species of the genus Cannabis, including
all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted
from any part of such plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds, or resin.
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"Cannabis seed" means the viable seed of the plant of the
genus Cannabis that is reasonably expected to grow into a cannabis plant. Cannabis seed
does not include hemp seed.
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"Cannabis worker" means any individual employed by a
cannabis business and any individual who is a contractor of a cannabis business whose
scope of work involves the handling of cannabis plants, cannabis flower, artificially derived
cannabinoids, or cannabinoid products.
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"Child-resistant" means packaging that meets the poison
prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15.
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"Cooperative" means an association conducting business on a
cooperative plan that is organized or is subject to chapter 308A or 308B.
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"Council" means the Cannabis Advisory Council.
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"Cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp
plants, or hemp plant parts.
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"Division of Medical Cannabis" means a
division housed in the Office of Cannabis Management that operates the medical cannabis
program.
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"Division of Social Equity" means a division housed
in the Office of Cannabis Management that promotes development, stability, and safety in
communities that have experienced a disproportionate, negative impact from cannabis
prohibition.
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"Edible cannabinoid product" means any
product that is intended to be eaten or consumed as a beverage by humans; contains a
cannabinoid, including an artificially derived cannabinoid, in combination with food
ingredients; is not a drug; and is a type of product approved for sale by the office, or is
substantially similar to a product approved by the office including but not limited to products
that resemble nonalcoholic beverages, candy, and baked goods. Edible cannabinoid product
includes lower potency edible products.
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"Health care practitioner" means a
Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting
within the scope of authorized practice, or a Minnesota-licensed advanced practice registered
nurse who has the primary responsibility for the care and treatment of the qualifying medical
condition of an individual diagnosed with a qualifying medical condition.
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"Health record" has the meaning given in section 144.291,
subdivision 2.
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(a) "Hemp concentrate" means:
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(1) the extracts and resins of a hemp plant or hemp plant parts;
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(2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase
the presence of targeted cannabinoids; or
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(3) a product that is produced by refining extracts or resins of a hemp plant or hemp
plant parts and is intended to be consumed by combustion or vaporization of the product
and inhalation of smoke, aerosol, or vapor from the product.
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(b) Hemp concentrate does not include artificially derived cannabinoids or hemp-derived
consumer products.
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(a) "Hemp-derived consumer product"
means a product intended for human or animal consumption that:
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(1) consists of hemp plant parts;
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(2) is hemp concentrate; or
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(3) contains hemp concentrate.
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(b) Hemp-derived consumer product includes hemp-derived topical products, but does
not include edible cannabinoid products, artificially derived cannabinoids, hemp fiber
products, or hemp grain.
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"Hemp-derived topical product" means a
product intended for human or animal consumption that contains hemp concentrate and is
intended for application externally to a part of the body of a human or animal.
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"Hemp fiber product" means an intermediate or finished
product made from the fiber of hemp plant parts that is not intended for human or animal
consumption. Hemp fiber product includes but is not limited to cordage, paper, fuel, textiles,
bedding, insulation, construction materials, compost materials, and industrial materials.
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"Hemp grain" means the harvested seeds of the hemp plant
intended for consumption as a food or part of a food product. Hemp grain includes oils
pressed or extracted from harvested hemp seeds.
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"Hemp plant" means all parts of the plant of the genus Cannabis
that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol
concentration of no more than 0.3 percent on a dry weight basis.
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"Hemp plant parts" means any part of the harvested hemp
plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives,
extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from
the plant. Hemp plant parts does not include hemp fiber products, hemp grain, or hemp
seed.
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"Hemp seed" means the viable seed of the plant of the genus
Cannabis that is intended to be planted and is reasonably expected to grow into a hemp
plant. Hemp seed does not include cannabis seed or hemp grain.
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"Industrial hemp" has the meaning given in section 18K.02,
subdivision 3.
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"Intoxicating cannabinoid" means a cannabinoid,
including an artificially derived cannabinoid, that when introduced into the human body
impairs the central nervous system or impairs the human audio, visual, or mental processes.
Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol.
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"Labor peace agreement" means an agreement
between a cannabis business and a bona fide labor organization that protects the state's
interests by, at minimum, prohibiting the labor organization from engaging in picketing,
work stoppages, or boycotts against the cannabis business. This type of agreement shall not
mandate a particular method of election or certification of the bona fide labor organization.
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"License holder" means a person, cooperative, or business
that holds any of the following licenses:
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(1) cannabis cultivator;
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(2) cannabis manufacturer;
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(3) cannabis retailer;
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(4) cannabis wholesaler;
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(5) cannabis transporter;
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(6) cannabis testing facility;
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(7) cannabis microbusiness;
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(8) cannabis event organizer;
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(9) cannabis delivery service;
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(10) lower potency edible retailer;
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(11) medical cannabis cultivator;
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(12) medical cannabis processor; or
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(13) medical cannabis retailer.
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"Local unit of government" means a home rule
charter or statutory city, county, town, or other political subdivision.
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"Lower potency edible product" means any
product that:
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(1) is intended to be eaten or consumed as a beverage by humans;
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(2) contains a cannabinoid, including an artificially derived cannabinoid, in combination
with food ingredients;
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(3) is not a drug;
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(4) is packaged in servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol per serving, 25 milligrams of cannabidiol per serving, 25 milligrams
of cannabigerol per serving, or any combination of those cannabinoids that does not exceed
the identified amounts;
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(5) does not contain more than a combined total of 0.5 milligrams of all other
cannabinoids;
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(6) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol; and
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(7) is a type of product approved for sale by the office or is substantially similar to a
product approved by the office, including but not limited to products that resemble
nonalcoholic beverages, candy, and baked goods.
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"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.
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(a) "Medical cannabinoid product" means a
cannabinoid product provided to a patient enrolled in the registry program; a registered
designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a
cannabis retailer or medical cannabis retailer to treat or alleviate the symptoms of a qualifying
medical condition. A medical cannabinoid product must be in the form of:
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(1) liquid, including but not limited to oil;
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(2) pill;
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(3) liquid or oil for use with a vaporized delivery method;
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(4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;
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(5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and
sublingual tablets;
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(6) edible products in the form of gummies and chews;
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(7) topical formulation; or
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(8) any allowable form or delivery method approved by the office.
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(b) Medical cannabinoid product does not include adult-use cannabinoid products.
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"Medical cannabis business" means an entity
licensed under this chapter to engage in one or more of the following:
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(1) the cultivation of cannabis plants for medical cannabis flower;
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(2) the manufacture of medical cannabinoid products; and
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(3) the retail sale of medical cannabis flower and medical cannabinoid products.
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"Medical cannabis flower" means cannabis flower
provided to a patient enrolled in the registry program; a registered designated caregiver; or
a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical
cannabis business to treat or alleviate the symptoms of a qualifying medical condition.
Medical cannabis flower does not include adult-use cannabis flower or hemp-derived
consumer products.
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"Medical cannabis paraphernalia" means
a delivery device, related supply, or educational material used by a patient enrolled in the
registry program to administer medical cannabis and medical cannabinoid products.
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"Nonintoxicating cannabinoid" means a
cannabinoid that when introduced into the human body does not impair the central nervous
system and does not impair the human audio, visual, or mental processes. Nonintoxicating
cannabinoid includes but is not limited to cannabidiol and cannabigerol but does not include
any artificially derived cannabinoid.
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"Office" means the Office of Cannabis Management.
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"Outdoor advertisement" means an advertisement
that is located outdoors or can be seen or heard by an individual who is outdoors and includes
billboards; advertisements on benches; advertisements at transit stations or transit shelters;
advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles;
and print signs that do not meet the requirements in section 342.66, subdivision 2, paragraph
(b), but that are placed or located on the exterior property of a cannabis business.
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"Patient" means a Minnesota resident who has been diagnosed with
a qualifying medical condition by a health care practitioner and who has met all other
requirements for patients under this chapter to participate in the registry program.
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"Patient registry number" means a unique
identification number assigned by the Division of Medical Cannabis to a patient enrolled
in the registry program.
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"Qualifying medical condition" means a
diagnosis of any of the following conditions:
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(1) Alzheimer's disease;
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(2) autism spectrum disorder that meets the requirements of the fifth edition of the
Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric
Association;
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(3) cancer, if the underlying condition or treatment produces one or more of the following:
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(i) severe or chronic pain;
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(ii) nausea or severe vomiting; or
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(iii) cachexia or severe wasting;
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(4) chronic motor or vocal tic disorder;
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(5) chronic pain;
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(6) glaucoma;
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(7) human immunodeficiency virus or acquired immune deficiency syndrome;
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(8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c);
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(9) obstructive sleep apnea;
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(10) post-traumatic stress disorder;
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(11) Tourette's syndrome;
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(12) amyotrophic lateral sclerosis;
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(13) seizures, including those characteristic of epilepsy;
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(14) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;
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(15) inflammatory bowel disease, including Crohn's disease;
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(16) irritable bowel syndrome;
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(17) obsessive-compulsive disorder;
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(18) sickle cell disease;
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(19) terminal illness, with a probable life expectancy of under one year, if the illness or
its treatment produces one or more of the following:
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(i) severe or chronic pain;
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(ii) nausea or severe vomiting; or
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(iii) cachexia or severe wasting; or
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(20) any other medical condition or its treatment approved by the office.
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"Registered designated caregiver" means
an individual who:
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(1) is at least 18 years old;
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(2) is not disqualified for a criminal offense according to section 342.20, subdivision 2;
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(3) has been approved by the Division of Medical Cannabis to assist a patient with
obtaining medical cannabis flower and medical cannabinoid products from a cannabis
retailer or medical cannabis retailer and with administering medical cannabis flower and
medical cannabinoid products; and
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(4) is authorized by the Division of Medical Cannabis to assist a patient with the use of
medical cannabis flower and medical cannabinoid products.
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"Registry" or "registry program" means the
patient registry established under this chapter listing patients authorized to obtain medical
cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia from
cannabis retailers and medical cannabis retailers and administer medical cannabis flower
and medical cannabinoid products.
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"Registry verification" means the verification provided
by the Division of Medical Cannabis that a patient is enrolled in the registry program and
that includes the patient's name, patient registry number, and, if applicable, the name of the
patient's registered designated caregiver or parent, legal guardian, or spouse.
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"Restricted area" means an area where cannabis flower or
cannabinoid products are cultivated, manufactured, or stored by a cannabis business.
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"Statewide monitoring system" means the
system for integrated cannabis tracking, inventory, and verification established or adopted
by the office.
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"Synthetic cannabinoid" means a substance with a
similar chemical structure and pharmacological activity to a cannabinoid but is not extracted
or derived from cannabis plants, cannabis flower, hemp plants, or hemp plant parts and is
instead created or produced by chemical or biochemical synthesis.
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"Veteran" means an individual who satisfies the requirements in
section 197.447.
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"Visiting designated caregiver" means an
individual who is authorized under a visiting patient's jurisdiction of residence to assist the
visiting patient with the use of medical cannabis flower and medical cannabinoid products.
To be considered a visiting designated caregiver, the individual must possess a valid
verification card or its equivalent that is issued by the visiting patient's jurisdiction of
residence and that verifies that the individual is authorized to assist the visiting patient with
the administration of medical cannabis flower and medical cannabinoid products under the
laws or regulations of the visiting patient's jurisdiction of residence.
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"Visiting patient" means an individual who is not a Minnesota
resident and who possesses a valid registration verification card or its equivalent that is
issued under the laws or regulations of another state, district, commonwealth, or territory
of the United States verifying that the individual is enrolled in or authorized to participate
in that jurisdiction's medical cannabis or medical marijuana program.
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"Volatile solvent" means any solvent that is or produces a
flammable gas or vapor that, when present in the air in sufficient quantities, will create
explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane,
and propane.
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The Office of Cannabis Management is created with the
powers and duties established by law. In making rules, establishing policy, and exercising
its regulatory authority over the cannabis industry, the office must:
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(1) promote the public health and welfare;
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(2) protect public safety;
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(3) eliminate the illicit market for cannabis flower and cannabinoid products;
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(4) meet the market demand for cannabis flower and cannabinoid products;
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(5) promote a craft industry for cannabis flower and cannabinoid products; and
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(6) prioritize growth and recovery in communities that have experienced a
disproportionate, negative impact from cannabis prohibition.
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The office has the following powers and duties:
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(1) to develop, maintain, and enforce an organized system of regulation for the cannabis
industry;
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(2) to establish programming, services, and notification to protect, maintain, and improve
the health of citizens;
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(3) to prevent unauthorized access to cannabis flower, cannabinoid products, and
hemp-derived consumer products by individuals under 21 years of age;
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(4) to establish and regularly update standards for product testing, packaging, and
labeling;
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(5) to promote economic growth with an emphasis on growth in areas that experienced
a disproportionate, negative impact from cannabis prohibition;
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(6) to issue and renew licenses;
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(7) to require fingerprints from individuals determined to be subject to fingerprinting,
including the submission of fingerprints to the Federal Bureau of Investigation where
required by law and to obtain criminal conviction data for individuals seeking a license
from the office on the individual's behalf or as a cooperative member or director, manager,
or general partner of a business entity;
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(8) to receive reports required by this chapter and inspect the premises, records, books,
and other documents of license holders to ensure compliance with all applicable laws and
rules;
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(9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations
pursuant to the office's authority;
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(10) to impose and collect civil and administrative penalties as provided in this chapter;
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(11) to publish such information as may be deemed necessary for the welfare of cannabis
businesses, cannabis workers, and the health and safety of citizens;
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(12) to make loans and grants in aid to the extent that appropriations are made available
for that purpose;
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(13) to authorize research and studies on cannabis flower, cannabinoid products, and
the cannabis industry;
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(14) to provide reports as required by law;
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(15) to establish limits on the potency of cannabis flower and cannabinoid products that
can be sold to customers by licensed cannabis retailers and licensed cannabis microbusinesses
with an endorsement to sell cannabis flower and cannabinoid products to customers; and
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(16) to exercise other powers and authority and perform other duties required by law.
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The powers and duties of the Department of
Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections
152.22 to 152.37, are transferred to the Office of Cannabis Management under section
15.039.
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(a) The office and the commissioner of agriculture
shall enter into interagency agreements to ensure that edible cannabinoid products are
handled, manufactured, and inspected in a manner that is consistent with the relevant food
safety requirements in chapters 28A, 31, and 34A and associated rules.
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(b) The office may cooperate and enter into other agreements with the commissioner of
agriculture and may cooperate and enter into agreements with the commissioners and
directors of other state agencies and departments to promote the beneficial interests of the
state.
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The office may adopt rules to implement any provisions in this
chapter. Rules for which notice is published in the State Register before July 1, 2025, may
be adopted using the expedited rulemaking process in section 14.389.
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(a) The governor shall appoint a director of the office with the advice
and consent of the senate. The director must be in the unclassified service and must serve
at the pleasure of the governor.
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(b) The salary of the director must not exceed the salary limit established under section
15A.0815, subdivision 3.
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(c) While serving as the director and within two years after terminating service, the
director is prohibited from having a direct or an indirect financial interest in a cannabis
business licensed under this chapter.
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(a) The office may employ other personnel in the classified service
necessary to carry out the duties in this chapter.
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(b) A prospective employee of the office must submit a completed criminal history
records check consent form, a full set of classifiable fingerprints, and the required fees to
the office. Upon receipt of this information, the office must submit the completed criminal
history records check consent form, full set of classifiable fingerprints, and required fees
to the Bureau of Criminal Apprehension. After receiving this information, the bureau must
conduct a Minnesota criminal history records check of the license applicant. The bureau
may exchange a license applicant's fingerprints with the Federal Bureau of Investigation to
obtain the applicant's national criminal history record information. The bureau must return
the results of the Minnesota and federal criminal history records checks to the director to
determine if the applicant is disqualified under section 342.20.
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(c) While employed by the office and within two years after terminating employment,
an employee may not have a direct or an indirect financial interest in a cannabis business
licensed under this chapter.
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The office must establish a Division of Social Equity.
At a minimum, the division must:
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(1) administer grants to communities that experienced a disproportionate, negative impact
from cannabis prohibition in order to promote economic development, provide services to
prevent violence, support early intervention programs for youth and families, and promote
community stability and safety;
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(2) act as an ombudsperson for the office to provide information, investigate complaints
under this chapter, and provide or facilitate dispute resolutions; and
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(3) report to the office on the status of complaints and social equity in the cannabis
industry.
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This section is effective July 1, 2023, except for subdivision 3,
which is effective January 1, 2024.
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(a) The Cannabis Advisory Council is created consisting
of the following members:
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(1) the director of the Office of Cannabis Management or a designee;
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(2) the commissioner of employment and economic development or a designee;
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(3) the commissioner of revenue or a designee;
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(4) the commissioner of health or a designee;
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(5) the commissioner of public safety or a designee;
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(6) the commissioner of human rights or a designee;
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(7) the commissioner of labor or a designee;
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(8) the commissioner of agriculture or a designee;
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(9) the commissioner of the Pollution Control Agency or a designee;
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(10) the superintendent of the Bureau of Criminal Apprehension or a designee;
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(11) a representative from the League of Minnesota Cities appointed by the league;
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(12) a representative from the Association of Minnesota Counties appointed by the
association;
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(13) an expert in minority business development appointed by the governor;
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(14) an expert in economic development strategies for under-resourced communities
appointed by the governor;
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(15) an expert in farming or representing the interests of farmers appointed by the
governor;
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(16) an expert representing the interests of cannabis workers appointed by the governor;
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(17) an expert representing the interests of employers appointed by the governor;
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(18) an expert in municipal law enforcement with advanced training in impairment
detection and evaluation appointed by the governor;
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(19) an expert in social welfare or social justice appointed by the governor;
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(20) an expert in criminal justice reform to mitigate the disproportionate impact of drug
prosecutions on communities of color appointed by the governor;
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(21) an expert in the prevention and treatment of substance use disorders appointed by
the governor;
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(22) an expert in minority business ownership appointed by the governor;
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(23) an expert in women-owned businesses appointed by the governor;
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(24) an expert in cannabis retailing appointed by the governor;
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(25) an expert in cannabis product manufacturing appointed by the governor;
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(26) an expert in laboratory sciences and toxicology appointed by the governor;
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(27) an expert in providing legal services to cannabis businesses appointed by the
governor;
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(28) an expert in cannabis cultivation appointed by the governor;
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(29) two patient advocates, one who is a patient enrolled in the medical cannabis program
and one patient with experience in the mental health system or substance use disorder
treatment system appointed by the governor;
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(30) a veteran appointed by the governor; and
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(31) one member of each of the following federally recognized Tribes, designated by
the elected Tribal president or chairperson of the governing bodies of:
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(i) the Fond du Lac Band;
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(ii) the Grand Portage Band;
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(iii) the Mille Lacs Band;
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(iv) the White Earth Band;
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(v) the Bois Forte Band;
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(vi) the Leech Lake Band;
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(vii) the Red Lake Nation;
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(viii) the Upper Sioux Community;
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(ix) the Lower Sioux Indian Community;
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(x) the Shakopee Mdewakanton Sioux Community; and
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(xi) the Prairie Island Indian Community.
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(b) While serving on the Cannabis Advisory Council and within two years after
terminating service, a council member shall not serve as a lobbyist, as defined under section
10A.01, subdivision 21.
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The membership terms,
compensation, removal of members appointed by the governor, and filling of vacancies of
members are provided in section 15.059.
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(a) The director of the Office of Cannabis Management
or the director's designee must chair the Cannabis Advisory Council. The advisory council
must elect a vice-chair and may elect other officers as necessary.
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(b) The advisory council shall meet quarterly or upon the call of the chair.
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(c) Meetings of the advisory council are subject to chapter 13D.
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(a) The duties of the advisory council shall include:
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(1) reviewing national cannabis policy;
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(2) examining the effectiveness of state cannabis policy;
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(3) reviewing developments in the cannabis industry;
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(4) reviewing developments in the study of cannabis flower and cannabinoid products;
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(5) taking public testimony; and
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(6) making recommendations to the Office of Cannabis Management.
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(b) At its discretion, the advisory council may examine other related issues consistent
with this section.
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(a) The office shall conduct a study to determine the expected size and growth of the
regulated cannabis industry, including an estimate of the demand for cannabis flower and
cannabinoid products, the number and geographic distribution of cannabis businesses needed
to meet that demand, and the anticipated business from residents of other states.
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(b) The office shall conduct a study to determine the size of the illicit cannabis market,
the sources of illicit cannabis flower and illicit cannabinoid products in the state, the locations
of citations issued and arrests made for cannabis offenses, and the subareas, such as census
tracts or neighborhoods, that experience a disproportionately large amount of cannabis
enforcement.
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(c) The office shall conduct a study on impaired driving to determine the number of
accidents involving one or more drivers who admitted to using cannabis flower or
cannabinoid products or who tested positive for cannabis or tetrahydrocannabinol, the
number of arrests of individuals for impaired driving in which the individual tested positive
for cannabis or tetrahydrocannabinol, and the number of convictions for driving under the
influence of cannabis flower, cannabinoid products, or tetrahydrocannabinol.
new text end
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(d) The office shall provide preliminary reports on the studies conducted pursuant to
paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports
to the legislature by January 15, 2025. The reports may be consolidated into a single report
by the office.
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(e) The office shall conduct a study on the state's mental health system and substance
use disorder treatment system to determine the rates at which individuals access those
systems. At a minimum, the report shall include information about the number of people
admitted to emergency rooms for treatment of a mental illness or substance use disorder,
ordered by a court to participate in mental health or substance use programming, and who
voluntarily agreed to accept mental health or substance use treatment or admission to a
state-operated treatment program or treatment facility. The report must include summary
data disaggregated by the month of admission or order; age, race, and sex of the individuals;
whether the admission or order was for a mental illness or substance use disorder; and, to
the extent known, the substance of abuse that resulted in the admission or order. Data must
be obtained, retained, and reported in a way that prevents the unauthorized release of private
data on individuals as defined in section 13.02. The office shall submit the report by January
15, 2027, and the report may be combined with the annual report submitted by the office.
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(f) The office shall submit an annual report to the legislature by January 15, 2024, and
each January 15 thereafter. The annual report shall include but not be limited to the following:
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(1) the status of the regulated cannabis industry;
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(2) the status of the illicit cannabis market;
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(3) the number of accidents, arrests, and convictions involving drivers who admitted to
using cannabis flower or cannabinoid products or who tested positive for cannabis or
tetrahydrocannabinol;
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(4) the change in potency, if any, of cannabis flower and cannabinoid products available
through the regulated market;
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(5) progress on providing opportunities to individuals and communities that experienced
a disproportionate, negative impact from cannabis prohibition, including but not limited to
providing relief from criminal convictions and increasing economic opportunities;
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(6) the status of racial and geographic diversity in the cannabis industry;
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(7) proposed legislative changes;
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(8) information on the adverse effects of second-hand smoke from any cannabis flower,
cannabinoid products, and hemp-derived consumer products that are consumed by
combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from
the product; and
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(9) recommendations for levels of funding for:
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(i) a coordinated education program to address and raise public awareness about the top
three adverse health effects, as determined by the commissioner of health, associated with
the use of cannabis flower or cannabinoid products by individuals under 21 years of age;
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(ii) a coordinated education program to educate pregnant women, breastfeeding women,
and women who may become pregnant on the adverse health effects of cannabis flower and
cannabinoid products;
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(iii) training, technical assistance, and educational materials for home visiting programs
and Tribal home visiting programs regarding safe and unsafe use of cannabis flower and
cannabinoid products in homes with infants and young children;
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(iv) model programs to educate middle school and high school students on the health
effects on children and adolescents of the use of cannabis flower, cannabinoid products,
and other intoxicating or controlled substances;
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(v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow
programs;
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(vi) grants to organizations for community development in social equity communities
through the CanRenew program;
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(vii) training of peace officers and law enforcement agencies on changes to laws involving
cannabis flower, cannabinoid products, and hemp-derived consumer products, and the law's
impact on searches and seizures;
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(viii) training of peace officers to increase the number of drug recognition experts;
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(ix) training of peace officers on the cultural uses of sage and distinguishing use of sage
from the use of cannabis flower, including whether the Board of Peace Officer Standards
and Training should approve or develop training materials;
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(x) the retirement and replacement of drug detection dogs; and
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(xi) the Department of Human Services and county social service agencies to address
any increase in demand for services.
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(g) In developing the recommended funding levels under paragraph (f), clause (9), items
(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota
Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota
Cities, the Association of Minnesota Counties, and county social services agencies.
new text end
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The office must contract with an outside vendor
to establish a statewide monitoring system for integrated cannabis tracking, inventory, and
verification to track all cannabis plants, cannabis flower, cannabinoid products, and artificially
derived cannabinoids from seed, immature plant, or creation until disposal or sale to a patient
or customer.
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The monitoring system must allow cannabis
businesses to submit monitoring data to the office through the use of monitoring system
software commonly used within the cannabis industry and may also permit cannabis
businesses to submit monitoring data through manual data entry with approval from the
office.
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(a) The office shall approve types of cannabis flower, cannabinoid products, and
hemp-derived consumer products other than hemp-derived topical products for retail sale.
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(b) The office shall not approve any cannabinoid product or hemp-derived consumer
product that:
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(1) is or appears to be a lollipop or ice cream;
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(2) bears the likeness or contains characteristics of a real or fictional person, animal, or
fruit;
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(3) is modeled after a type or brand of products primarily consumed by or marketed to
children;
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(4) contains a synthetic cannabinoid;
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(5) 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; or
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(6) if the product is an edible cannabinoid product, contains an ingredient, other than a
cannabinoid, that is not approved by the United States Food and Drug Administration for
use in food.
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(c) The office must not approve any cannabis flower, cannabinoid product, or
hemp-derived consumer product that:
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(1) is intended to be consumed by combustion or vaporization of the product and
inhalation of smoke, aerosol, or vapor from the product; and
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(2) imparts a taste or smell, other than the taste or smell of cannabis flower, that is
distinguishable by an ordinary person before or during consumption of the product.
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(d) The office may adopt rules to limit or prohibit ingredients in or additives to cannabis
flower, cannabinoid products, or hemp-derived consumer products to ensure compliance
with the limitations in paragraph (c).
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In consultation with the commissioner
of agriculture, the office by rule must establish certification, testing, and labeling
requirements for the methods used to grow new cannabis plants or hemp plants, including
but not limited to growth from seed, clone, cutting, or tissue culture. The requirements must
prohibit the cultivation of cannabis plants derived from genetic engineering, as defined in
section 18F.02, subdivision 4.
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In consultation with the commissioner of
agriculture and representatives from the University of Minnesota Extension Service, the
office shall establish best practices for:
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(1) the cultivation and preparation of cannabis plants; and
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(2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation
to growing cannabis plants.
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(a) Any person seeking
to manufacture, process, sell, handle, or store an edible cannabinoid product, other than an
edible cannabinoid product that has been placed in its final packaging, must first obtain an
edible cannabinoid product handler endorsement.
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(b) In consultation with the commissioner of agriculture, the office shall establish an
edible cannabinoid product handler endorsement.
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(c) The office must regulate edible cannabinoid product handlers and assess penalties
in the same manner provided for food handlers under chapters 28A, 31, and 34A and
associated rules, with the following exceptions:
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(1) the office must issue an edible cannabinoid product handler endorsement, rather than
a license;
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(2) eligibility for an edible cannabinoid product handler endorsement is limited to persons
who possess a valid license issued by the office;
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(3) the office may not charge a fee for issuing or renewing the endorsement;
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(4) the office must align the term and renewal period for edible cannabinoid product
handler endorsements with the term and renewal period of the license issued by the office;
and
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(5) an edible cannabinoid product must not be considered adulterated solely because the
product contains tetrahydrocannabinol, cannabis concentrate, or any other material extracted
or derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts.
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(d) The edible cannabinoid product handler endorsement must prohibit the manufacture
of edible cannabinoid products at the same premises where food is manufactured, except
for the limited production of edible products produced solely for product development,
sampling, or testing.
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In consultation with the commissioner of the Pollution
Control Agency, the office by rule must establish appropriate water standards for cannabis
businesses.
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new text begin
In consultation with the commissioner of commerce, the office
by rule must establish appropriate energy standards for cannabis businesses.
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In consultation with the commissioner of the Pollution Control
Agency, the office by rule must establish appropriate solid waste standards for the disposal
of:
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(1) cannabis flower and cannabinoid products;
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(2) packaging;
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(3) recyclable materials, including minimum requirements for the use of recyclable
materials; and
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(4) other solid waste.
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The office by rule must establish appropriate standards and requirements
to limit odors produced by cannabis businesses.
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A cannabis business must comply
with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to
4.
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(a) The office may only adopt a rule under this section if the rule
is consistent with and at least as stringent as applicable state and federal laws related to the
subjects of subdivisions 1 to 4.
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(b) The office must coordinate and consult with a department or agency of the state
regarding the development and implementation of a rule under this section if the department
or agency has expertise or a regulatory interest in the subject matter of the rule.
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(a) An individual 21 years of age or older may:
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(1) use, possess, or transport cannabis paraphernalia;
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(2) possess or transport two ounces or less of adult-use cannabis flower in a public place;
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(3) possess five pounds or less of adult-use cannabis flower in the individual's private
residence;
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(4) possess or transport eight grams or less of adult-use cannabis concentrate;
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(5) possess or transport edible cannabinoid products infused with a combined total of
800 milligrams or less of tetrahydrocannabinol;
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(6) give for no remuneration two ounces or less of adult-use cannabis flower, eight grams
or less of adult-use cannabis concentrate, or an edible cannabinoid product infused with
800 milligrams or less of tetrahydrocannabinol to an individual who is at least 21 years of
age; and
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(7) use adult-use cannabis flower and adult-use cannabinoid products in the following
locations:
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(i) a private residence, including the individual's curtilage or yard;
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(ii) on private property, not generally accessible by the public, unless the individual is
explicitly prohibited from consuming cannabis flower or cannabinoid products on the
property by the owner of the property; or
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(iii) on the premises of an establishment or event licensed to permit on-site consumption.
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(b) Except as provided in paragraph (c), an individual may not:
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(1) use, possess, or transport cannabis flower or cannabinoid products if the individual
is under 21 years of age;
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(2) use cannabis flower or cannabinoid products in a motor vehicle as defined in section
169A.03, subdivision 15;
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(3) use cannabis flower or cannabinoid products at any location where smoking is
prohibited under section 144.414;
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(4) use or possess cannabis flower or cannabinoid products in a public school, as defined
in section 120A.05, subdivisions 9, 11, and 13, or in a charter school governed by chapter
124E, including all facilities, whether owned, rented, or leased, and all vehicles that a school
district owns, leases, rents, contracts for, or controls;
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(5) use or possess cannabis flower or cannabinoid products in a state correctional facility;
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(6) operate a motor vehicle while under the influence of cannabis flower or cannabinoid
products;
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(7) give for no remuneration cannabis flower or cannabinoid products to an individual
under 21 years of age; or
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(8) give for no remuneration cannabis flower or cannabinoid products as a sample or
promotional gift if the giver is in the business of selling goods or services.
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(c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other
than by smoking or by a vaporized delivery method, possession, or transportation of medical
cannabis flower or medical cannabinoid products by a patient; a registered designated
caregiver; or a parent, legal guardian, or spouse of a patient.
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(d) A proprietor of a family or group family day care program must disclose to parents
or guardians of children cared for on the premises of the family or group family day care
program, if the proprietor permits the smoking or use of cannabis flower or cannabinoid
products on the premises outside of its hours of operation. Disclosure must include posting
on the premises a conspicuous written notice and orally informing parents or guardians.
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Up to eight cannabis
plants, with no more than four being mature, flowering plants may be grown at a single
residence, including the curtilage or yard, without a license to cultivate cannabis issued
under this chapter provided that cultivation takes place at the primary residence of an
individual 21 years of age or older and in an enclosed, locked space that is not open to public
view.
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No person may use a volatile solvent to separate or extract cannabis concentrate
without a cannabis manufacturer, cannabis microbusiness, or medical cannabis processor
license issued under this chapter.
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No person
may sell cannabis flower or cannabinoid products without a license issued under this chapter
that authorizes the sale.
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No person may import lower potency
edible products or hemp-derived consumer products, other than hemp-derived topical
products, that are manufactured outside the boundaries of the state of Minnesota with the
intent to sell the products to consumers within the state or to any other person or business
that intends to sell the products to consumers within the state without a license issued under
this chapter that authorizes the importation of such products. This subdivision does not
apply to products lawfully purchased for personal use.
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(a) In addition to penalties listed in this subdivision, a
person who violates the provisions of this chapter is subject to any applicable criminal
penalty.
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(b) The office may assess the following civil penalties on a person who sells cannabis
flower or cannabinoid products without a license issued under this chapter that authorizes
the sale:
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(1) if the person sells more than two ounces but not more than eight ounces of cannabis
flower, up to $1,000;
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(2) if the person sells more than eight ounces but not more than one pound of cannabis
flower, up to $5,000;
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(3) if the person sells more than one pound but not more than five pounds of cannabis
flower, up to $25,000;
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(4) if the person sells more than five pounds but not more than 25 pounds of cannabis
flower, up to $100,000;
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(5) if the person sells more than 25 pounds but not more than 50 pounds of cannabis
flower, up to $250,000; and
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(6) if the person sells more than 50 pounds of cannabis flower, up to $1,000,000.
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(c) The office may assess the following civil penalties on a person who sells cannabis
concentrate without a license issued under this chapter that authorizes the sale:
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(1) if the person sells more than eight grams but not more than 40 grams of cannabis
concentrate, up to $1,000;
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(2) if the person sells more than 40 grams but not more than 80 grams of cannabis
concentrate, up to $5,000;
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(3) if the person sells more than 80 grams but not more than 400 grams of cannabis
concentrate, up to $25,000;
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(4) if the person sells more than 400 grams but not more than two kilograms of cannabis
concentrate, up to $100,000;
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(5) if the person sells more than two kilograms but not more than four kilograms of
cannabis concentrate, up to $250,000; and
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(6) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000.
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(d) The office may assess the following civil penalties on a person who imports or sells
products infused with tetrahydrocannabinol without a license issued under this chapter that
authorizes the importation or sale:
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(1) if the person imports or sells products infused with a total of more than 800 milligrams
but not more than four grams of tetrahydrocannabinol, up to $1,000;
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(2) if the person imports or sells products infused with a total of more than four grams
but not more than eight grams of tetrahydrocannabinol, up to $5,000;
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(3) if the person imports or sells products infused with a total of more than eight grams
but not more than 40 grams of tetrahydrocannabinol, up to $25,000;
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(4) if the person imports or sells products infused with a total of more than 40 grams
but not more than 200 grams of tetrahydrocannabinol, up to $100,000;
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(5) if the person imports or sells products infused with a total of more than 200 grams
but not more than 400 grams of tetrahydrocannabinol, up to $250,000; and
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(6) if the person imports or sells products infused with a total of more than 400 grams
of tetrahydrocannabinol, up to $1,000,000.
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(e) The office may assess a civil penalty of up to $500 for each plant grown in excess
of the limit on a person who grows more than eight cannabis plants or more than four mature,
flowering plants, without a license to cultivate cannabis issued under this chapter.
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The office shall issue the following types of license:
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(1) cannabis cultivator, including:
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(i) craft cultivator; and
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(ii) bulk cultivator;
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(2) cannabis manufacturer;
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(3) cannabis retailer;
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(4) cannabis wholesaler;
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(5) cannabis transporter;
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(6) cannabis testing facility;
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(7) cannabis microbusiness;
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(8) cannabis event organizer;
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(9) cannabis delivery service;
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(10) lower potency edible retailer;
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(11) medical cannabis cultivator;
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(12) medical cannabis processor; and
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(13) medical cannabis retailer.
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Except for the application fees authorized under sections 342.12, paragraph (d), and
342.15, subdivision 4, the office shall not charge a fee for annual licenses issued under this
chapter.
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(a) Licenses issued under this chapter may not be transferred. A new license must be
obtained when:
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(1) the form of the licensee's legal business structure converts or changes to a different
type of legal business structure;
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(2) the licensee dissolves, consolidates, or merges with another legal organization;
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(3) within the previous 24 months, 50 percent or more of the licensee is transferred by
a single transaction or multiple transactions to:
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(i) another person or legal organization; or
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(ii) a person or legal organization who had less than a five percent ownership interest
in the licensee at the time of the first transaction; or
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(4) any other event or combination of events that results in a substitution, elimination,
or withdrawal of the licensee's responsibility for the operation of the licensee.
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(b) Licenses must be renewed annually.
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(c) License holders may petition the office to adjust the tier of a license issued within a
license category provided that the license holder meets all applicable requirements.
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(d) The office by rule may permit relocation of a licensed cannabis business, adopt
requirements for the submission of a license relocation application, establish standards for
the approval of a relocation application, and charge a fee not to exceed $250 for reviewing
and processing applications. Relocation of a licensed premises pursuant to this paragraph
does not extend or otherwise modify the license term of the license subject to relocation.
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(a) A local unit of government may not prohibit the possession, transportation, or use
of cannabis flower or cannabinoid products authorized under this chapter.
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(b) A local unit of government may not prohibit the establishment or operation of a
cannabis business licensed under this chapter.
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(c) A local unit of government may adopt reasonable restrictions on the time, place, and
manner of the operation of a cannabis business provided that such restrictions do not prohibit
the establishment or operation of cannabis businesses. A local unit of government may
prohibit the operation of a cannabis business within 1,000 feet of a school, day care, or the
Capitol or Capitol grounds.
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(d) The office shall work with local units of government to develop model ordinances
for reasonable restrictions on the time, place, and manner of the operation of a cannabis
business.
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(e) If a local unit of government is conducting studies or has authorized a study to be
conducted or has held or has scheduled a hearing for the purpose of considering adoption
or amendment of reasonable restrictions on the time, place, and manner of the operation of
a cannabis business, the governing body of the local unit of government may adopt an
interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. Before adopting the
interim ordinance, the governing body must hold a public hearing. The interim ordinance
may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction
or a portion thereof until January 1, 2025.
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(f) Within 30 days of receiving a copy of an application from the office, a local unit of
government shall certify on a form provided by the office whether a proposed cannabis
business complies with local zoning ordinances and, if applicable, whether the proposed
business complies with the state fire code and building code.
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(g) Upon receipt of an application for a license issued under this chapter, the office shall
contact the local unit of government in which the business would be located and provide
the local unit of government with 30 days in which to provide input on the application. The
local unit of government may provide the office with any additional information it believes
is relevant to the office's decision on whether to issue a license, including but not limited
to identifying concerns about the proposed location of a cannabis business or sharing public
information about an applicant.
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(h) The office by rule shall establish an expedited complaint process to receive, review,
and respond to complaints made by a local unit of government about a cannabis business.
Complaints may include alleged violations of local ordinances or other alleged violations.
At a minimum, the expedited complaint process shall require the office to provide an initial
response to the complaint within seven days and perform any necessary inspections within
30 days. Nothing in this paragraphs prohibits a local unit of government from enforcing a
local ordinance.
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(a) The office by rule shall establish forms and
procedures for the processing of licenses issued under this chapter. At a minimum, any
application to obtain or renew a license shall include the following information, if applicable:
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(1) the name, address, and date of birth of the applicant;
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(2) the disclosure of ownership and control required under paragraph (b);
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(3) the disclosure of whether the applicant or, if the applicant is a business, any officer,
director, manager, and general partner of the business has ever filed for bankruptcy;
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(4) the address and legal property description of the business;
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(5) documentation showing legal possession of the premises where the business will
operate;
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(6) a diagram of the premises, including a security drawing;
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(7) a copy of the security plan;
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(8) proof of trade name registration;
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(9) a copy of the applicant's business plan showing the expected size of the business;
anticipated growth; the methods of record keeping; the knowledge and experience of the
applicant and any officer, director, manager, and general partner of the business; the
environmental plan; and other relevant financial and operational components;
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(10) an attestation signed by a bona fide labor organization stating that the applicant has
entered into a labor peace agreement;
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(11) certification that the applicant will comply with the requirements of this chapter
relating to the ownership and operation of a cannabis business;
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(12) identification of one or more controlling persons or managerial employees as agents
who shall be responsible for dealing with the office on all matters; and
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(13) a statement that the applicant agrees to respond to the office's supplemental requests
for information.
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(b) An applicant must file and update as necessary a disclosure of ownership and control.
The office by rule shall establish the contents and form of the disclosure. At a minimum,
the disclosure shall include the following:
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(1) the management structure, ownership, and control of the applicant or license holder,
including the name of each cooperative member, officer, director, manager, general partner
or business entity; the office or position held by each person; each person's percentage
ownership interest, if any; and, if the business has a parent company, the name of each
owner, board member, and officer of the parent company and the owner's, board member's,
or officer's percentage ownership interest in the parent company and the cannabis business;
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(2) a statement from the applicant and, if the applicant is a business, from every officer,
director, manager, and general partner of the business, indicating whether that person has
previously held, or currently holds, an ownership interest in a cannabis business in Minnesota,
any other state or territory of the United States, or any other country;
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(3) if the applicant is a corporation, copies of its articles of incorporation and bylaws
and any amendments to its articles of incorporation or bylaws;
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(4) copies of any partnership agreement, operating agreement, or shareholder agreement;
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(5) copies of any promissory notes, security instruments, or other similar agreements;
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(6) explanation detailing the funding sources used to finance the business;
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(7) a list of operating and investment accounts for the business, including any applicable
financial institution and account number; and
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(8) a list of each outstanding loan and financial obligation obtained for use in the business,
including the loan amount, loan terms, and name and address of the creditor.
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(c) An application may include:
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(1) proof that the applicant is a social equity applicant;
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(2) a diversity plan that establishes a goal of diversity in ownership, management,
employment, and contracting;
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(3) a description of the training and education that will be provided to any employee;
or
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(4) a copy of business policies governing operations to ensure compliance with this
chapter.
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(d) Commitments made by an applicant in its application, including but not limited to
the maintenance of a labor peace agreement, shall be an ongoing material condition of
maintaining and renewing the license.
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(e) An application on behalf of a corporation or association shall be signed by at least
two officers or managing agents of that entity.
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(a) An applicant must submit all required information
to the office on the forms and in the manner prescribed by the office.
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(b) If the office receives an application that fails to provide the required information,
the office shall issue a deficiency notice to the applicant. The applicant shall have ten
business days from the date of the deficiency notice to submit the required information.
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(c) Failure by an applicant to submit all required information will result in the application
being rejected.
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(d) Upon receipt of a completed application and fee, the office shall forward a copy of
the application to the local unit of government in which the business operates or intends to
operate with a form for certification as to whether a proposed cannabis business complies
with local zoning ordinances and, if applicable, whether the proposed business complies
with the state fire code and building code.
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(e) Within 90 days of receiving a completed application, the office shall issue the
appropriate license or send the applicant a notice of rejection setting forth specific reasons
that the office did not approve the application.
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A license applicant or, in the case of a business entity,
every cooperative member or director, manager, and general partner of the business entity,
must submit a completed criminal history records check consent form, a full set of classifiable
fingerprints, and the required fees to the office. Upon receipt of this information, the office
must submit the completed criminal history records check consent form, full set of classifiable
fingerprints, and required fees to the Bureau of Criminal Apprehension. After receiving this
information, the bureau must conduct a Minnesota criminal history records check of the
license applicant. The bureau may exchange a license applicant's fingerprints with the
Federal Bureau of Investigation to obtain the applicant's national criminal history record
information. The bureau must return the results of the Minnesota and federal criminal history
records checks to the director to determine if the applicant is disqualified under section
342.20.
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The office may charge a nonrefundable fee, not to exceed
$250, to cover the costs associated with reviewing and processing applications.
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An individual qualifies as a social equity applicant if the individual is:
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(1) a military veteran who lost honorable status due to a cannabis-related offense;
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(2) a resident for the last five years of one or more subareas, such as census tracts or
neighborhoods, that experienced a disproportionately large amount of cannabis enforcement
as determined by the study conducted by the office pursuant to section 342.04, paragraph
(b), and reported in the preliminary report, final report, or both; or
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(3) a resident for the last five years of one or more census tracts where, as reported in
the most recently completed decennial census published by the United States Bureau of the
Census, either:
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(i) the poverty rate was 20 percent or more; or
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(ii) the median family income did not exceed 80 percent of statewide median family
income or, if in a metropolitan area, did not exceed the greater of 80 percent of the statewide
median family income or 80 percent of the median family income for that metropolitan
area.
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The office shall issue the necessary number of licenses
in order to ensure the sufficient supply of cannabis flower and cannabinoid products to meet
demand, provide market stability, and limit the sale of unregulated cannabis flower and
cannabinoid products.
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(a) The office shall prioritize issuance of
microbusiness licenses with an endorsement to cultivate cannabis flower and craft cultivator
licenses.
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(b) Unless the office determines that the issuance of bulk cultivator licenses is necessary
to ensure a sufficient supply of cannabis flower and cannabinoid products, the office shall
not issue a bulk cultivator license before July 1, 2028.
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(a) Except as otherwise provided
in this subdivision, the office shall not issue licenses to a single applicant that would result
in the applicant being vertically integrated in violation of the provisions of this chapter.
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(b) Nothing in this section prohibits or limits the issuance of microbusiness licenses.
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(c) If the office determines that the issuance of multiple licenses resulting in a single
applicant being vertically integrated is necessary to ensure a sufficient supply of cannabis
flower and cannabinoid products during the first calendar year in which cannabis flower
and cannabinoid products are lawfully sold to customers, the office may authorize one or
more applicants to be fully vertically integrated. Regardless of when the licenses were
issued, licenses issued under the terms of this paragraph expire one year after the first day
on which cannabis flower and cannabinoid products are lawfully sold to customers and the
office may not issue multiple licenses resulting in a single applicant being vertically
integrated after that date.
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(a) The office shall award points to each
completed application in the following categories:
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(1) status as a social equity applicant or as an applicant who is substantially similar to
a social equity applicant as described in paragraph (c);
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(2) status as a veteran applicant;
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(3) security and record keeping;
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(4) employee training plan;
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(5) business plan and financial situation;
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(6) diversity plan;
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(7) labor and employment practices;
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(8) knowledge and experience; and
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(9) environmental plan.
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(b) The office may award additional points to an application if the license holder would
expand service to an underrepresented market including but not limited to participation in
the medical cannabis program.
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(c) The office shall establish application materials permitting individual applicants to
demonstrate the impact that cannabis prohibition has had on that applicant including but
not limited to the arrest or imprisonment of the applicant or a member of the applicant's
immediate family, and the office may award points to such applicants in the same manner
as points are awarded to social equity applicants.
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(d) The office shall establish policies and guidelines, which shall be made available to
the public, regarding the number of points available in each category and the basis for
awarding those points. Status as a social equity applicant must account for at least 20 percent
of the total available points. In determining the number of points to award to a cooperative
or business applying as a social equity applicant, the office shall consider the number or
ownership percentage of cooperative members, officers, directors, managers, and general
partners who qualify as social equity applicants.
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(e) Consistent with the goals identified in subdivision 1, the office shall issue licenses
in each license category, giving priority to applicants who receive the highest score under
paragraphs (a) and (b). If there are insufficient licenses available for entities that receive
identical scores, the office shall utilize a lottery to randomly select license recipients from
among those entities.
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(a) In order to carry out the purposes of this chapter,
the office, upon presenting appropriate credentials to the owner, operator, or agent in charge,
is authorized to:
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(1) enter any cannabis business without delay and at reasonable times;
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(2) inspect and investigate during regular working hours and at other reasonable times,
within reasonable limits and in a reasonable manner, any cannabis business and all relevant
conditions, equipment, records, and materials therein; and
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(3) question privately any employer, owner, operator, agent, or employee of a cannabis
business.
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(b) An employer, owner, operator, agent, or employee must not refuse the office entry
or otherwise deter or prohibit the office from taking action under paragraph (a).
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(a) In making inspections and investigations under this chapter,
the office shall have the power to administer oaths, certify as to official acts, take and cause
to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses
and production of papers, books, documents, records, and testimony. In case of failure of
any person to comply with any subpoena lawfully issued, or on the refusal of any witness
to produce evidence or to testify to any matter regarding which the person may be lawfully
interrogated, the district court shall, upon application of the office, compel obedience
proceedings for contempt, as in the case of disobedience of the requirements of a subpoena
issued by the court or a refusal to testify therein.
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(b) If the office finds probable cause to believe that any cannabis plant, cannabis flower,
artificially derived cannabinoid, or cannabinoid product is being distributed in violation of
this chapter or rules adopted under this chapter, the office shall affix to the cannabis plant,
cannabis flower, artificially derived cannabinoid, or cannabinoid product a tag, withdrawal
from distribution order, or other appropriate marking providing notice that the cannabis
plant, cannabis flower, artificially derived cannabinoid, or cannabinoid product is, or is
suspected of being, distributed in violation of this chapter, and has been detained or
embargoed, and warning all persons not to remove or dispose of the cannabis plant, cannabis
flower, artificially derived cannabinoid, or cannabinoid product by sale or otherwise until
permission for removal or disposal is given by the office or the court. It is unlawful for a
person to remove or dispose of detained or embargoed cannabis plant, cannabis flower,
artificially derived cannabinoid, or cannabinoid product by sale or otherwise without the
office's or a court's permission and each transaction is a separate violation of this section.
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(c) If any cannabis plant, cannabis flower, artificially derived cannabinoid, or cannabinoid
product has been found by the office to be in violation of this chapter, the office shall petition
the district court in the county in which the cannabis plant, cannabis flower, artificially
derived cannabinoid, or cannabinoid product is detained or embargoed for an order and
decree for the condemnation of the cannabis plant, cannabis flower, artificially derived
cannabinoid, or cannabinoid product. The office shall release the cannabis plant, cannabis
flower, artificially derived cannabinoid, or cannabinoid product when this chapter and rules
adopted under this chapter have been complied with or the cannabis plant, cannabis flower,
artificially derived cannabinoid, or cannabinoid product is found not to be in violation of
this chapter or rules adopted under this chapter.
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(d) If the court finds that detained or embargoed cannabis plant, cannabis flower,
artificially derived cannabinoid, or cannabinoid product is in violation of this chapter or
rules adopted under this chapter, the following remedies are available:
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(1) after entering a decree, the cannabis plant, cannabis flower, artificially derived
cannabinoid, or cannabinoid product may be destroyed at the expense of the claimant under
the supervision of the office, and all court costs, fees, storage, and other proper expenses
must be assessed against the claimant of the cannabis plant, cannabis flower, artificially
derived cannabinoid, or cannabinoid product or the claimant's agent; and
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(2) if the violation can be corrected by proper labeling or processing of the cannabis
plant, cannabis flower, artificially derived cannabinoid, or cannabinoid product, the court,
after entry of the decree and after costs, fees, and expenses have been paid, and a good and
sufficient bond conditioned that the cannabis plant, cannabis flower, artificially derived
cannabinoid, or cannabinoid product must be properly labeled or processed has been
executed, may by order direct that the cannabis plant, cannabis flower, artificially derived
cannabinoid, or cannabinoid product be delivered to the claimant for proper labeling or
processing under the supervision of the office. The office's supervision expenses must be
paid by the claimant. The cannabis plant, cannabis flower, artificially derived cannabinoid,
or cannabinoid product must be returned to the claimant and the bond must be discharged
on representation to the court by the office that the cannabis plant, cannabis flower, artificially
derived cannabinoid, or cannabinoid product is no longer in violation and that the office's
supervision expenses have been paid.
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(e) If the office finds in any room, building, piece of equipment, vehicle of transportation,
or other structure any cannabis plant, cannabis flower, artificially derived cannabinoid, or
cannabinoid product that is unsound or contains any filthy, decomposed, or putrid substance,
or that may be poisonous or deleterious to health or otherwise unsafe, the office shall
condemn or destroy the item or in any other manner render the item as unsalable, and no
one has any cause of action against the office on account of the office's action.
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(f) The office may enter into an agreement with the commissioner of agriculture to
analyze and examine samples or other articles furnished by the office for the purpose of
determining whether the sample or article violates this chapter or rules adopted under this
chapter. A copy of the examination or analysis report for any such article, duly authenticated
under oath by the laboratory analyst making the determination or examination, shall be
prima facie evidence in all courts of the matters and facts contained in the report.
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Subject to rules issued by the office, a representative of
a cannabis business shall be given an opportunity to accompany the office during the physical
inspection of any cannabis business for the purpose of aiding such inspection.
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(a) The office may conduct
inspections of any licensed cannabis business at any time to ensure compliance with the
ownership and operation requirements of this chapter.
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(b) Any person may report a suspected violation of a safety or health standard. If upon
receipt of such notification the office determines that there are reasonable grounds to believe
that such violation or danger exists, the office shall make a special inspection as soon as
practicable to determine if such danger or violation exists.
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(c) The office shall prioritize inspections of cannabis businesses where there are
reasonable grounds to believe that a violation poses imminent danger to the public or
customers.
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(d) The office shall promptly inspect cannabis businesses that are the subject of complaint
by a local unit of government.
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(a) The office may issue an
administrative order to any licensed cannabis business that the office determines has
committed a violation of this chapter or rules adopted pursuant to this chapter. The
administrative order may require the business to correct the violation or to cease and desist
from committing the violation. The order must state the deficiencies that constitute the
violation and the time by which the violation must be corrected. If the business believes
that the information in the administrative order is in error, the person may ask the office to
consider the parts of the order that are alleged to be in error. The request must be in writing,
delivered to the office by certified mail within seven days after receipt of the order, and
provide documentation to support the allegation of error. The office must respond to a
request for reconsideration within 15 days after receiving the request. A request for
reconsideration does not stay the correction order unless the office issues a supplemental
order granting additional time. The office's disposition of a request for reconsideration is
final.
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(b) For each violation of this chapter or rules adopted pursuant to this chapter, the office
may issue to each business a monetary penalty of up to $10,000, an amount that deprives
the business of any economic advantage gained by the violation, or both.
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(c) An administrative penalty may be recovered in a civil action in the name of the state
brought in the district court of the county where the violation is alleged to have occurred
or the district court where the office is housed.
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(d) In addition to penalties listed in this subdivision, a person or business who violates
the provisions of this chapter is subject to any applicable criminal penalty.
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(a) The following data collected, created, or maintained by
the office is classified as nonpublic data, as defined in section 13.02, subdivision 9, or as
private data on individuals, as defined in section 13.02, subdivision 12:
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(1) data submitted by an applicant for a cannabis business license, other than the
applicant's name and designated address;
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(2) the identity of a complainant who has made a report concerning a license holder or
applicant that appears in inactive complaint data unless the complainant consents to the
disclosure;
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(3) the nature or content of unsubstantiated complaints when the information is not
maintained in anticipation of legal action;
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(4) the record of any disciplinary proceeding except as limited by paragraph (b);
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(5) data identifying retail or wholesale customers of a cannabis business; and
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(6) data identifying cannabis workers.
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(b) Minutes, application data on license holders except nondesignated addresses, orders
for hearing, findings of fact, conclusions of law, and specification of the final disciplinary
action contained in the record of the disciplinary action are classified as public, pursuant to
section 13.02, subdivision 15. If there is a public hearing concerning the disciplinary action,
the entire record concerning the disciplinary proceeding is public data pursuant to section
13.02, subdivision 15. If the license holder and the office agree to resolve a complaint
without a hearing, the agreement and the specific reasons for the agreement are public data.
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(c) The office must establish written procedures to ensure that only individuals authorized
by law may enter, update, or access the data classified as nonpublic or private data on
individuals in this subdivision. An authorized individual's ability to enter, update, or access
data in the system must correspond to the official duties or training level of the individual
and to the statutory authorization granting access for that purpose. All queries and responses,
and all actions in which not public data are entered, updated, accessed, shared, or
disseminated, must be recorded in a data audit trail. Data contained in the audit trail have
the same classification as the underlying data tracked by the audit trail.
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(d) The office must not share data classified as private under this subdivision or other
data identifying an individual applicant or license holder with any federal agency, federal
department, or federal entity unless specifically ordered to do so by a state or federal court.
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The office may revoke or not
renew a license when the office has cause to believe that a cannabis business has violated
an ownership or operational requirement in this chapter or rules adopted pursuant to this
chapter. The office must notify the license holder in writing, specifying the grounds for
revocation or nonrenewal and fixing a time of at least 20 days thereafter for a hearing on
the matter.
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(a) Before the office revokes or does not renew a
license, the office must provide the license holder with a statement of the complaints made
against the license holder, and the office must hold a hearing to determine whether the office
should revoke the license or deny renewal of the license. The license holder shall receive
notice at least 20 days before the date of the hearing and notice may be served either by
certified mail addressed to the address of the license holder as shown in the license
application or in the manner provided by law for the service of a summons. At the time and
place fixed for the hearing, the office, or any office employee or agent authorized by the
office to conduct the hearing, shall receive evidence, administer oaths, and examine witnesses.
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(b) After the hearing held pursuant to paragraph (a), or upon the failure of the license
holder to appear at the hearing, the office must take action as is deemed advisable and issue
written findings that the office must mail to the license holder. An action of the office under
this paragraph is subject to judicial review pursuant to chapter 14.
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The office may temporarily, without hearing, suspend
the license and operating privilege of any business licensed under this chapter for up to 90
days if continuing the operation of the business would threaten the health or safety of any
person. The office may extend the period for an additional 90 days if the office notified the
business that the office intends to revoke or not renew a license and the hearing required
under subdivision 2 has not taken place.
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Every license applicant and prospective cannabis
worker must submit a completed criminal history records check consent form, a full set of
classifiable fingerprints, and the required fees to the office. Upon receipt of this information,
the office must submit the completed criminal history records check consent form, full set
of classifiable fingerprints, and required fees to the Bureau of Criminal Apprehension. After
receiving this information, the bureau must conduct a Minnesota criminal history records
check of the license applicant. The bureau may exchange a license applicant's fingerprints
with the Federal Bureau of Investigation to obtain the applicant's national criminal history
record information. The bureau must return the results of the Minnesota and federal criminal
history records checks to the director to determine if the applicant is disqualified under this
section.
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(a) No person may hold or receive a
license issued under this chapter or work for a cannabis business if the person has been
convicted of, or received a stay of adjudication for, 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 office determines that the person's
conviction was for the possession or sale of cannabis.
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(b) A person who has been convicted of, or received a stay of adjudication for, a violation
of Minnesota Statutes 2022, section 152.023, subdivision 1, clause (3), or a state or federal
law in conformity with that provision, for the sale of cannabis to a person under the age of
18 may hold or receive a license issued under this chapter, or work for a cannabis business,
if 20 years have passed since the date the person was convicted or adjudication was stayed.
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(c) Except as provided in paragraph (a), (b), or (d), a person who has been convicted of,
or received a stay of adjudication for, a violation of a state or federal law that is a felony
under Minnesota law or would be a felony if committed in Minnesota, regardless of the
sentence imposed, may hold or receive a license issued under this chapter, or work for a
cannabis business, if five years have passed since the discharge of the sentence.
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(d) No license holder or applicant may hold or receive a license issued under this chapter,
or work for a cannabis business, if the person has been convicted of a sale of cannabis in
the first degree under section 152.0264, subdivision 2.
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(e) A person who has been convicted of sale of cannabis in the second degree under
section 152.0264, subdivision 3, may hold or receive a license issued under this chapter or
work for a cannabis business if ten years have passed since the discharge of the sentence.
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(f) A person who has been convicted of sale of cannabis in the third degree under section
152.0264, subdivision 4, may hold or receive a license issued under this chapter or work
for a cannabis business if five years have passed since the discharge of the sentence.
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(g) A person who has been convicted of sale of cannabis in the fourth degree under
section 152.0264, subdivision 5, may hold or receive a license issued under this chapter or
work for a cannabis business if one year has passed since the discharge of the sentence.
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(h) If the license holder or applicant is a business entity, the disqualifications under this
subdivision apply to every cooperative member or every director, manager, and general
partner of the business entity.
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The office may set aside a disqualification under
subdivision 2 if the office finds that the person has submitted sufficient information to
demonstrate that the person does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter.
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(a) A license holder or applicant must meet each of
the following requirements, if applicable, to hold or receive a license issued under this
chapter:
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(1) be at least 21 years of age;
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(2) have completed an application for licensure or application for renewal;
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(3) have paid the applicable application fee;
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(4) reside in the state;
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(5) if the applicant or license holder is a business entity, be incorporated in the state or
otherwise formed or organized under the laws of the state;
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(6) if the applicant or license holder is a business entity, at least 75 percent of the business
must be owned by Minnesota residents;
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(7) not be employed by the office or any state agency with regulatory authority under
this chapter or the rules adopted pursuant to this chapter;
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(8) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph
(c);
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(9) never have had a license previously issued under this chapter revoked;
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(10) have filed any previously required tax returns for a cannabis business;
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(11) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties
due relating to the operation of a cannabis business;
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(12) have fully and truthfully complied with all information requests of the office relating
to license application and renewal;
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(13) not be disqualified under subdivision 2;
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(14) not employ an individual who is disqualified from working for a cannabis business
under this chapter; and
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(15) meet the ownership and operational requirements for the type of license and, if
applicable, endorsement sought or held.
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(b) If the license holder or applicant is a business entity, every officer, director, manager,
and general partner of the business entity must meet each of the requirements of this section.
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(a) A cannabis business may not
employ an individual under 21 years of age and may not contract with an individual under
21 years of age if the individual's scope of work involves the handling of cannabis plants,
cannabis flower, artificially derived cannabinoids, or cannabinoid products.
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(b) A cannabis business may not permit an individual under 21 years of age to enter the
business premises other than entry into an area that solely dispenses medical cannabis flower
or medical cannabinoid products.
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(c) A cannabis business may not sell or give cannabis flower or cannabinoid products
to an individual under 21 years of age unless the individual is a patient; registered designated
caregiver; or a parent, legal guardian, or spouse of a patient who is authorized to use, possess,
or transport medical cannabis or medical cannabinoid products.
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(a) A cannabis business may not permit an individual who is not an employee to
consume cannabis flower or cannabinoid products within its licensed premises unless the
business is licensed to permit on-site consumption or the business has an on-site endorsement
to a license authorizing the sale of lower potency edible products.
new text end
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(b) Except as otherwise provided in this subdivision, a cannabis business may not permit
an employee to consume cannabis flower or cannabinoid products within its licensed premises
or while the employee is otherwise engaged in activities within the course and scope of
employment.
new text end
new text begin
(c) A cannabis business may permit an employee to use medical cannabis flower and
medical cannabinoid products if that individual is a patient.
new text end
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(d) For quality control, employees of a licensed cannabis business may sample cannabis
flower or cannabinoid products. Employees may not interact directly with customers for at
least three hours after sampling a product. Employees may not consume more than three
samples in a single 24-hour period. All samples must be recorded in the statewide monitoring
system.
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(a) Except as otherwise provided in this subdivision, a
cannabis business may not permit any individual to enter a restricted area unless the cannabis
business records the individual's name, time of entry, time of exit, and authorization to enter
the restricted area through use of an electronic or manual entry log and the individual:
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(1) is a cannabis worker employed by or contracted with the cannabis business;
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(2) is an employee of the office or another enforcement agency;
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(3) is a contractor of the cannabis business, including but not limited to an electrician,
a plumber, an engineer, or an alarm technician, whose scope of work will not involve the
handling of cannabis flower or cannabinoid products and, if the individual is working in an
area with immediate access to cannabis flower or cannabinoid products, the individual is
supervised at all times by a cannabis worker employed by or contracted with the cannabis
business; or
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(4) has explicit authorization from the office to enter a restricted area and, if the individual
is in an area with immediate access to cannabis flower or cannabinoid products, the individual
is supervised at all times by a cannabis worker employed by or contracted with the cannabis
business.
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(b) A cannabis business shall ensure that all areas of entry to restricted areas within its
licensed premises are conspicuously marked and cannot be entered without recording the
individual's name, time of entry, time of exit, and authorization to enter the restricted area.
new text end
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A cannabis business must maintain a ventilation
and filtration system sufficient to meet the requirements for odor control established by the
office.
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(a) A cannabis business must retain financial records for the current
and previous tax year at the primary business location and must make those records available
for inspection by the office at any time during regular business hours.
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(b) When applicable, a cannabis business must maintain financial records for the previous
ten tax years and must make those records available for inspection within one business day
of receiving a request for inspection by the office.
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(c) The office may require a cannabis business to submit to an audit of its business
records. The office may select or approve the auditor and the cannabis business must provide
the auditor with access to all business records. The cost of the audit must be paid by the
cannabis business.
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A cannabis business shall provide an annual report on the
status of diversity in the business ownership, management, and employment and in services
for which the business contracts.
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(a) A cannabis business must use the
statewide monitoring system for integrated cannabis tracking, inventory, and verification
to track all cannabis plants, cannabis flower, cannabinoid products, and artificially derived
cannabinoids the cannabis business has in its possession to the point of disposal, transfer,
or sale.
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(b) For the purposes of this subdivision, a cannabis business possesses the cannabis
plants and cannabis flower that the business cultivates from seed or immature plant, if
applicable, or receives from another cannabis business, possesses the artificially derived
cannabinoids that the business creates or receives from another cannabis business, and
possesses the cannabinoid products that the business manufactures or receives from another
cannabis business.
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(c) Sale and transfer of cannabis plants, cannabis flower, cannabinoid products, and
artificially derived cannabinoids must be recorded in the statewide monitoring system within
the time established by rule.
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(a) A cannabis business must dispose of cannabis
plants, cannabis flower, cannabinoid products, and artificially derived cannabinoids that
are damaged, have a broken seal, have been contaminated, or have not been sold by the
expiration date on the label.
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(b) Disposal must be conducted in a manner approved by the office.
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(c) Disposed products must be documented in the statewide monitoring system.
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(d) Any lost or stolen products must be reported to local law enforcement and a cannabis
business must log any lost or stolen products in the statewide monitoring system as soon
as the loss is discovered.
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A cannabis business may only sell cannabis plants,
cannabis flower, cannabinoid products, and artificially derived cannabinoids that are approved
by the office and that comply with this chapter and rules adopted pursuant to this chapter
regarding the testing, packaging, and labeling of cannabis plants, cannabis flower,
cannabinoid products, and artificially derived cannabinoids.
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A cannabis business must maintain and follow a security plan to
deter and prevent the theft or diversion of cannabis plants, cannabis flower, cannabinoid
products, and artificially derived cannabinoids, unauthorized entry into the cannabis business,
and the theft of currency.
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(a) Except for the lawful sale of cannabis plants,
cannabis flower, cannabinoid products, and artificially derived cannabinoids in the ordinary
course of business and as otherwise provided in this subdivision, no cannabis business may
offer, give, accept, receive, or borrow money or anything else of value or accept or receive
credit from any other cannabis business. This prohibition applies to offering or receiving a
benefit in exchange for preferential placement by a cannabis retailer, including preferential
placement on the cannabis retailer's shelves, display cases, or website. This prohibition
applies to every cooperative member or every director, manager, and general partner of a
cannabis business.
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(b) This prohibition does not apply to merchandising credit in the ordinary course of
business for a period not to exceed 30 days.
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(c) This prohibition does not apply to free samples of useable cannabis flower or
cannabinoid products packaged in a sample jar protected by a plastic or metal mesh screen
to allow customers to smell the cannabis flower or cannabinoid product before purchase.
A sample jar may not contain more than eight grams of useable cannabis flower, eight grams
of a cannabis concentrate, or an edible cannabinoid product infused with 100 milligrams of
tetrahydrocannabinol.
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(d) This prohibition does not apply to free samples of cannabis flower or cannabinoid
products provided to a cannabis retailer or cannabis wholesaler for the purposes of quality
control and to allow cannabis retailers to determine whether to offer a product for sale. A
sample provided for these purposes may not contain more than eight grams of useable
cannabis flower, eight grams of a cannabis concentrate, or an edible cannabinoid product
infused with 100 milligrams of tetrahydrocannabinol.
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(e) This prohibition does not apply to any fee charged by a licensed cannabis event
organizer to a cannabis business for participation in a cannabis event.
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A cannabis business must not share data on retail or
wholesale customers with any federal agency, federal department, or federal entity unless
specifically ordered by a state or federal court.
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new text begin
(a) A cannabis cultivator license entitles the license
holder to grow cannabis plants within the approved amount of space from seed or immature
plant to mature plant, harvest cannabis flower from a mature plant, package and label
cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis
manufacturer located on the same premises, and perform other actions approved by the
office.
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(b) The office may issue an applicant either of the following types of cultivator licenses:
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(1) a craft cultivator license, which allows cultivation by a license holder of not more
than 10,000 feet of plant canopy unless the office, by rule, increases that limit; or
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(2) a bulk cultivator license, which allows cultivation by a license holder of not more
than 30,000 feet of plant canopy.
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new text begin
(c) The office may, by rule, increase the limit on craft cultivator plant canopy to no more
than 15,000 square feet if the office determines that expansion is consistent with the goals
identified in section 342.02, subdivision 1.
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new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis cultivator license must submit the
following information in a form approved by the office:
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(1) an operating plan demonstrating the proposed size and layout of the cultivation
facility; plans for wastewater and waste disposal for the cultivation facility; plans for
providing electricity, water, and other utilities necessary for the normal operation of the
cultivation facility; and plans for compliance with the applicable building code and federal
and state environmental and workplace safety requirements;
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(2) a cultivation plan demonstrating the proposed size and layout of the cultivation
facility that will be used exclusively for cultivation including the total amount of plant
canopy; and
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new text begin
(3) evidence that the business will comply with the applicable operation requirements
for the license being sought.
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(a) A person, cooperative, or business holding a
cannabis cultivator license may also hold a cannabis manufacturing license, medical cannabis
cultivator license, medical cannabis producer license, license to grow industrial hemp, and
cannabis event organizer license.
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(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis cultivator license may own or operate any other cannabis business. This prohibition
does not prevent the transportation of cannabis flower from a cannabis cultivator to a cannabis
manufacturer licensed to the same person, cooperative, or business and located on the same
premises.
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(c) The office by rule may limit the number of cannabis cultivator licenses a person,
cooperative, or business may hold.
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new text begin
(d) For purposes of this subdivision, a restriction on the number or type of license a
business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
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new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
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(1) holding a direct or indirect economic interest in a cannabis cultivator;
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(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis cultivator; or
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(3) advertising with a cannabis cultivator in any way.
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A cannabis cultivator is prohibited from:
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(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
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new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
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new text begin
A cannabis cultivator must prepare a cultivation
record for each batch of cannabis plants and cannabis flower in the form required by the
office and must maintain each record for at least five years. The cultivation record must
include the quantity and timing, where applicable, of each pesticide, fertilizer, soil
amendment, or plant amendment used to cultivate the batch, as well as any other information
required by the office in rule. A licensed cultivator must present cultivation records to the
office, the commissioner of agriculture, or the commissioner of health upon request.
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A cannabis cultivator is subject to
rules promulgated by the office governing the use of pesticides, fertilizers, soil amendments,
plant amendments, and other inputs to cultivate cannabis.
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A cannabis cultivator must prepare, maintain, and execute
an operating plan and a cultivation plan as directed by the office in rule, which must include
but is not limited to:
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(1) water usage;
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(2) recycling;
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(3) solid waste disposal; and
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(4) a pest management protocol that incorporates integrated pest management principles
to control or prevent the introduction of pests to the cultivation site.
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(a) A cannabis cultivator must comply with
chapters 18B, 18D, 18E, and any other pesticide laws and rules enforced by the commissioner
of agriculture.
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(b) A cannabis cultivator must not apply pesticides when pollinators are present or allow
pesticides to drift to flowering plants that are attractive to pollinators.
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A cannabis cultivator must not treat or otherwise
adulterate cannabis plants or cannabis flower with any substance or compound that has the
effect or intent of altering the color, appearance, weight, or smell of the cannabis.
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A cannabis cultivator may
cultivate cannabis plants indoors or outdoors, subject to the security, fencing, lighting, and
any other requirements imposed by the office in rule.
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The commissioner of agriculture must not issue a genetically
engineered agriculturally related organism permit under chapter 18F for cannabis seed or
cannabis plants. A cannabis cultivator must not cultivate a cannabis plant that is a genetically
engineered organism as defined in section 18F.02, subdivision 5.
new text end
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A cannabis manufacturer license, consistent with
the specific license endorsement or endorsements, entitles the license holder to:
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(1) purchase cannabis flower, cannabinoid products, hemp plant parts, hemp concentrate,
and artificially derived cannabinoids from cannabis cultivators, other cannabis manufacturers,
cannabis microbusinesses, and industrial hemp growers;
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(2) accept cannabis from unlicensed persons who are at least 21 years of age provided
that the cannabis manufacturer does not accept more than two ounces from an individual
on a single occasion;
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(3) make cannabis concentrate;
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(4) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
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(5) manufacture artificially derived cannabinoids;
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(6) manufacture cannabinoid products and hemp-derived consumer products for public
consumption;
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(7) package and label cannabinoid products and hemp-derived consumer products for
sale to other cannabis businesses;
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(8) sell cannabis concentrate, hemp concentrate, artificially derived cannabinoids,
cannabinoid products, and hemp-derived consumer products to other cannabis businesses;
and
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(9) perform other actions approved by the office.
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new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis manufacturer license must submit the
following information in a form approved by the office:
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new text begin
(1) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
the manufacturing facility; plans for providing electricity, water, and other utilities necessary
for the normal operation of the manufacturing facility; and plans for compliance with
applicable building code and federal and state environmental and workplace safety
requirements; and
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new text begin
(2) evidence that the business will comply with the applicable operation requirements
for the endorsement being sought.
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new text begin
(a) A person, cooperative, or business holding a
cannabis manufacturer license may also hold a cannabis cultivator license, a medical cannabis
cultivator license, a medical cannabis processor license, and a cannabis event organizer
license.
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new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis manufacturer license may own or operate any other cannabis business. This
prohibition does not prevent transportation of cannabis flower from a cannabis cultivator
to a cannabis manufacturer licensed to the same person, cooperative, or business and located
on the same premises.
new text end
new text begin
(c) The office by rule may limit the number of cannabis manufacturer licenses that a
person or business may hold.
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new text begin
(d) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
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new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
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new text begin
(1) holding a direct or indirect economic interest in a cannabis manufacturer;
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new text begin
(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis manufacturer; or
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(3) advertising with a cannabis manufacturer in any way.
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new text begin
A cannabis manufacturer is prohibited from:
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new text begin
(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
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new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
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new text begin
(a) Cannabis manufacturing must take
place in an enclosed, locked facility that is used exclusively for the manufacture of
cannabinoid products, creation of hemp concentrate, or creation of artificially derived
cannabinoids except that a business that also holds a cannabis cultivator license may operate
in a facility that shares general office space, bathrooms, entryways, and walkways.
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(b) Cannabis manufacturing must take place on equipment that is used exclusively for
the manufacture of cannabinoid products, creation of hemp concentrate, or creation of
artificially derived cannabinoids.
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new text begin
(c) A cannabis manufacturer must comply with all applicable packaging, labeling, and
health and safety requirements.
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(a) A cannabis manufacturer that creates
cannabis concentrate, hemp concentrate, or artificially derived cannabinoids must obtain
an endorsement from the office.
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(b) A cannabis manufacturer must inform the office of all methods of extraction and
concentration that the manufacturer intends to use and identify the volatile chemicals, if
any, that will be involved in the creation of cannabis concentrate or hemp concentrate. A
cannabis manufacturer may not use a method of extraction and concentration or a volatile
chemical without approval by the office.
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(c) A cannabis manufacturer must inform the office of all methods of conversion that
the manufacturer will use, including any specific catalysts that the manufacturer will employ,
to create artificially derived cannabinoids and the molecular nomenclature of all cannabinoids
or other chemical compound that the manufacturer will create. A cannabis manufacturer
may not use a method of conversion or a catalyst without approval by the office.
new text end
new text begin
(d) A cannabis manufacturer must obtain a certification from an independent third-party
industrial hygienist or professional engineer approving:
new text end
new text begin
(1) all electrical, gas, fire suppression, and exhaust systems; and
new text end
new text begin
(2) the plan for safe storage and disposal of hazardous substances, including but not
limited to any volatile chemicals.
new text end
new text begin
(e) A cannabis manufacturer that manufactures cannabis concentrate from cannabis
flower received from an unlicensed person who is at least 21 years of age must comply with
all health and safety requirements established by the office. At a minimum, the office shall
require a cannabis manufacturer to:
new text end
new text begin
(1) store the cannabis flower in an area that is segregated from cannabis flower and hemp
plant parts received from a licensed cannabis business;
new text end
new text begin
(2) perform the extraction and concentration on equipment that is used exclusively for
extraction or concentration of cannabis flower received from unlicensed individuals;
new text end
new text begin
(3) store any cannabis concentrate in an area that is segregated from cannabis concentrate,
hemp concentrate, or artificially derived cannabinoids derived or manufactured from cannabis
flower or hemp plant parts received from a licensed cannabis business; and
new text end
new text begin
(4) provide any cannabis concentrate only to the person who provided the cannabis.
new text end
new text begin
(f) Upon the sale of cannabis concentrate, hemp concentrate, or artificially derived
cannabinoids to any person, cooperative, or business, a cannabis manufacturer must provide
a statement to the buyer that discloses the method of extraction and concentration or
conversion used and any solvents, gases, or catalysts, including but not limited to any volatile
chemicals, involved in that method.
new text end
new text begin
(a) A cannabis manufacturer that produces
edible cannabinoid products must obtain an edible cannabinoid product handler endorsement
from the office.
new text end
new text begin
(b) A cannabis manufacturer must obtain an endorsement from the office to produce:
new text end
new text begin
(1) cannabinoid products other than edible cannabinoid products; or
new text end
new text begin
(2) hemp-derived consumer products other than hemp-derived topical products.
new text end
new text begin
(c) All areas within the licensed premises of a cannabis manufacturer producing
cannabinoid products or hemp-derived consumer products must meet the sanitary standards
specified in rules adopted by the office.
new text end
new text begin
(d) A cannabis manufacturer may only add chemicals or compounds approved by the
office to cannabis concentrate, hemp concentrate, or artificially derived cannabinoids.
new text end
new text begin
(e) Upon the sale of any cannabinoid product or hemp-derived consumer product to a
cannabis business, a cannabis manufacturer must provide a statement to the buyer that
discloses the product's ingredients, including but not limited to any chemicals or compounds
and any major food allergens declared by name.
new text end
new text begin
(f) A cannabis manufacturer shall not add any cannabis flower, cannabis concentrate,
artificially derived cannabinoid, hemp plant part, or hemp concentrate to a product where
the manufacturer of the product holds a trademark to the product's name, except that a
cannabis manufacturer may use a trademarked food product if the manufacturer uses the
product as a component or as part of a recipe and where the cannabis manufacturer does
not state or advertise to the customer that the final retail cannabinoid product or hemp-derived
consumer product contains a trademarked food product.
new text end
new text begin
A cannabis retailer license entitles the license holder
to:
new text end
new text begin
(1) purchase immature cannabis plants and seedlings, cannabis flower, cannabinoid
products, and hemp-derived consumer products from cannabis cultivators, cannabis
manufacturers, cannabis microbusinesses, cannabis wholesalers, and industrial hemp growers;
new text end
new text begin
(2) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabinoid products, hemp-derived consumer products, and other products authorized by
law to customers; and
new text end
new text begin
(3) perform other actions approved by the office.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis retail license must submit the following
information in a form approved by the office:
new text end
new text begin
(1) a list of every retail license held by the applicant and, if the applicant is a business,
every retail license held, either as an individual or as part of another business, by each
officer, director, manager, and general partner of the cannabis business;
new text end
new text begin
(2) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems; policies to avoid sales to individuals who are
under 21 years of age; identification of a restricted area for storage; and plans to prevent
the visibility of cannabis flower, cannabinoid products, and hemp-derived consumer products
to individuals outside the retail location; and
new text end
new text begin
(3) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis retailer license may also hold a cannabis delivery service license, a medical cannabis
retailer license, and a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis retailer license may own or operate any other cannabis business.
new text end
new text begin
(c) No person, cooperative, or business may hold a license to own or operate more than
one cannabis retail business in one city or county.
new text end
new text begin
(d) The office by rule may limit the number of cannabis retailer licenses a person,
cooperative, or business may hold.
new text end
new text begin
(e) For purposes of this subdivision, a restriction on the number or type of license a
business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
A city or county may establish, own,
and operate a municipal cannabis store subject to the restrictions in this chapter.
new text end
new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
new text end
new text begin
(1) holding a direct or indirect economic interest in a cannabis retailer;
new text end
new text begin
(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis retailer; or
new text end
new text begin
(3) advertising with a cannabis retailer in any way.
new text end
new text begin
A cannabis retailer is prohibited from:
new text end
new text begin
(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
new text end
new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
new text end
new text begin
(a) A cannabis retailer
may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabinoid products, and hemp-derived consumer products to individuals who are at least
21 years of age.
new text end
new text begin
(b) A cannabis retailer may sell immature cannabis plants and seedlings, adult-use
cannabis flower, adult-use cannabinoid products, and hemp-derived consumer products
other than hemp-derived topical products that:
new text end
new text begin
(1) are obtained from a licensed Minnesota cannabis cultivator, cannabis manufacturer,
cannabis microbusiness, or cannabis wholesaler; and
new text end
new text begin
(2) meet all applicable packaging and labeling requirements.
new text end
new text begin
(c) A cannabis retailer may sell up to two ounces of adult-use cannabis flower, eight
grams of adult-use cannabis concentrate, and edible cannabinoid products infused with 800
milligrams of tetrahydrocannabinol during a single transaction to a customer.
new text end
new text begin
(d) Edible cannabinoid products may not include more than ten milligrams per serving
and a single package may not include more than a total of 100 milligrams of
tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of
tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping, or other
indicators designating the individual serving size.
new text end
new text begin
(a) A cannabis retailer may sell cannabis paraphernalia,
including but not limited to childproof packaging containers and other devices designed to
ensure the safe storage and monitoring of cannabis flower and cannabinoid products in the
home to prevent access by individuals under 21 years of age.
new text end
new text begin
(b) A cannabis retailer may sell hemp-derived topical products.
new text end
new text begin
(c) A cannabis retailer may sell the following products that do not contain cannabis
flower, cannabis concentrate, hemp concentrate, artificially derived cannabinoids, or
tetrahydrocannabinol:
new text end
new text begin
(1) drinks that do not contain alcohol and are packaged in sealed containers labeled for
retail sale;
new text end
new text begin
(2) books and videos on the cultivation and use of cannabis flower and cannabinoid
products;
new text end
new text begin
(3) magazines and other publications published primarily for information and education
on cannabis plants, cannabis flower, and cannabinoid products;
new text end
new text begin
(4) multiple-use bags designed to carry purchased items;
new text end
new text begin
(5) clothing marked with the specific name, brand, or identifying logo of the cannabis
retailer; and
new text end
new text begin
(6) hemp fiber products and products that contain hemp grain.
new text end
new text begin
(a) Prior to initiating a sale, an employee of a cannabis retailer
must verify that the customer is at least 21 years of age.
new text end
new text begin
(b) Proof of age may be established only by one of the following:
new text end
new text begin
(1) a valid driver's license or identification card issued by Minnesota, another state, or
a province of Canada, and including the photograph and date of birth of the licensed person;
new text end
new text begin
(2) a valid Tribal identification card as defined in section 171.072, paragraph (b);
new text end
new text begin
(3) a valid passport issued by the United States;
new text end
new text begin
(4) a valid instructional permit issued under section 171.05 to a person of legal age to
purchase adult-use cannabis or adult-use cannabinoid products, which includes a photograph
and the date of birth of the person issued the permit; or
new text end
new text begin
(5) in the case of a foreign national, by a valid passport.
new text end
new text begin
(c) A cannabis retailer may seize a form of identification listed under paragraph (b) if
the cannabis retailer has reasonable grounds to believe that the form of identification has
been altered or falsified or is being used to violate any law. A cannabis retailer that seizes
a form of identification as authorized under this paragraph must deliver it to a law
enforcement agency within 24 hours of seizing it.
new text end
new text begin
(a) A cannabis retailer
must designate a retail area where customers are permitted. The retail area shall include the
portion of the premises where samples of cannabis flower and cannabinoid products available
for sale are displayed. All other cannabis flower and cannabinoid products must be stored
in the secure storage area.
new text end
new text begin
(b) A cannabis retailer may display one sample of each type of cannabis flower or
cannabinoid product available for sale. Samples of cannabis flower and cannabinoid products
must be stored in a sample jar or display case and be accompanied by a label or notice
containing the information required to be affixed to the packaging or container containing
cannabis flower and cannabinoid products sold to customers. A sample may not consist of
more than eight grams of adult-use cannabis flower or adult-use cannabis concentrate or an
edible cannabinoid product infused with more than 100 milligrams of tetrahydrocannabinol.
A cannabis retailer may allow customers to smell the cannabis flower or cannabinoid product
before purchase.
new text end
new text begin
(c) A cannabis retailer may not sell cannabis flower or cannabinoid products used as a
sample for display.
new text end
new text begin
A cannabis retailer must post all notices as required by the
office, including but not limited to:
new text end
new text begin
(1) information about any product recall;
new text end
new text begin
(2) a statement that operating a motor vehicle under the influence of intoxicating
cannabinoids is illegal; and
new text end
new text begin
(3) a statement that cannabis flower, cannabinoid products, and hemp-derived consumer
products are only intended for consumption by individuals who are at least 21 years of age.
new text end
new text begin
(a) Except as provided by paragraph (b), a cannabis retailer
may not sell cannabis flower, cannabinoid products, or hemp-derived consumer products
between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between
2:00 a.m. and 10:00 a.m. on Sunday.
new text end
new text begin
(b) A city or county may adopt an ordinance to permit sales between 2:00 a.m. and 8:00
a.m. on the days of Monday through Saturday, or between 2:00 a.m. and 10:00 a.m. on
Sunday.
new text end
new text begin
(a) A cannabis retailer shall maintain compliance with
state and local building, fire, and zoning requirements or regulations.
new text end
new text begin
(b) A cannabis retailer shall ensure that the licensed premises is maintained in a clean
and sanitary condition, free from infestation by insects, rodents, or other pests.
new text end
new text begin
A cannabis retailer shall maintain compliance with security
requirements established by the office including but not limited to requirements for
maintaining video surveillance records, use of specific locking mechanisms, establishment
of secure entries, and the number of employees working at all times.
new text end
new text begin
A cannabis retailer must keep all lighting outside and inside the
dispensary in good working order and wattage sufficient for security cameras.
new text end
new text begin
Cannabis retailers may only accept deliveries of cannabis flower,
cannabinoid products, and hemp-derived consumer products into a limited access area.
Deliveries may not be accepted through the public access areas unless otherwise approved
by the office.
new text end
new text begin
A cannabis retailer shall not:
new text end
new text begin
(1) sell cannabis flower or cannabinoid products to a person who is visibly intoxicated;
new text end
new text begin
(2) knowingly sell more cannabis flower or cannabinoid products than a customer is
legally permitted to possess;
new text end
new text begin
(3) give away immature cannabis plants or seedlings, cannabis flower, cannabinoid
products, or hemp-derived consumer products;
new text end
new text begin
(4) operate a drive-through window;
new text end
new text begin
(5) allow for the dispensing of cannabis plants, cannabis flower, cannabinoid products,
or hemp-derived consumer products in vending machines; or
new text end
new text begin
(6) sell cannabis plants, cannabis flower, or cannabinoid products if the cannabis retailer
knows that any required security or statewide monitoring systems are not operational.
new text end
new text begin
(a) A licensed cannabis retailer
that is also a licensed medical cannabis retailer may sell medical cannabis flower and medical
cannabinoid products on a portion of its premises.
new text end
new text begin
(b) The portion of the premises in which medical cannabis flower and medical
cannabinoid products are sold must be definite and distinct from all other areas of the
cannabis retailer, must be accessed through a distinct entrance, and must provide an
appropriate space for a pharmacist employee of the medical cannabis retailer to consult with
the patient to determine the proper type of medical cannabis flower and medical cannabinoid
products and proper dosage for the patient.
new text end
new text begin
A cannabis wholesaler license entitles the license
holder to:
new text end
new text begin
(1) purchase immature cannabis plants and seedlings, cannabis flower, cannabinoid
products, and hemp-derived consumer products from cannabis cultivators, cannabis
manufacturers, cannabis microbusinesses, and industrial hemp growers;
new text end
new text begin
(2) sell immature cannabis plants and seedlings, cannabis flower, cannabinoid products,
and hemp-derived consumer products to cannabis manufacturers and cannabis retailers;
new text end
new text begin
(3) import hemp-derived consumer products and lower potency edible products that
contain hemp concentrate or artificially derived cannabinoids that are derived from hemp
plants or hemp plant parts; and
new text end
new text begin
(4) perform other actions approved by the office.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis wholesaler license must submit the
following information in a form approved by the office:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems and policies to avoid sales to unlicensed
cannabis businesses; and
new text end
new text begin
(2) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis wholesaler license may also hold a cannabis transporter license, a cannabis delivery
service license, and a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis wholesaler license may own or operate any other cannabis business.
new text end
new text begin
(c) The office by rule may limit the number of cannabis wholesaler licenses a person or
business may hold.
new text end
new text begin
(d) For purposes of this subdivision, a restriction on the number or type of license a
business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
A cannabis wholesaler must ensure that cannabis
plants, cannabis flower, and cannabinoid products are physically separated from all other
products, including hemp-derived consumer products, in a manner that prevents any
cross-contamination.
new text end
new text begin
A cannabis wholesaler must maintain accurate records
and ensure that appropriate labels remain affixed to cannabis plants, cannabis flower,
cannabinoid products, and hemp-derived consumer products.
new text end
new text begin
(a) A cannabis wholesaler shall maintain compliance
with state and local building, fire, and zoning requirements or regulations.
new text end
new text begin
(b) A cannabis wholesaler shall ensure that the licensed premises is maintained in a
clean and sanitary condition, free from infestation by insects, rodents, or other pests.
new text end
new text begin
A cannabis wholesaler may purchase and sell other
products or items for which the cannabis wholesaler has a license or authorization or that
do not require a license or authorization. Products for which no license or authorization is
required include but are not limited to industrial hemp products, products that contain hemp
grain, and cannabis paraphernalia, including but not limited to childproof packaging
containers and other devices designed to ensure the safe storage and monitoring of cannabis
flower and cannabinoid products in the home to prevent access by individuals under 21
years of age.
new text end
new text begin
(a) A cannabis wholesaler that imports
lower potency edible products or hemp-derived consumer products, other than hemp-derived
topical products, that are manufactured outside the boundaries of the state of Minnesota
with the intent to sell the products to a cannabis retailer or lower potency edible product
retailer must obtain a hemp-derived product importer endorsement from the office.
new text end
new text begin
(b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell
products manufactured outside the boundaries of the state of Minnesota if:
new text end
new text begin
(1) the manufacturer is licensed in another jurisdiction and subject to regulations designed
to protect the health and safety of consumers that the office determines are substantially
similar to the regulations in this state; or
new text end
new text begin
(2) the cannabis wholesaler establishes, to the satisfaction of the office, that the
manufacturer engages in practices that are substantially similar to the practices required for
licensure of manufacturers in this state.
new text end
new text begin
(c) The cannabis wholesaler must enter all relevant information regarding an imported
product into the statewide monitoring system before the product may be distributed to a
licensed cannabis retailer or lower potency edible product retailer. Relevant information
includes information regarding the cultivation, processing, and testing of the industrial hemp
used in the manufacture of the product and information regarding the testing of the lower
potency edible product or hemp-derived consumer product. If information regarding the
industrial hemp, lower potency edible product, or hemp-derived consumer product was
submitted to a statewide monitoring system used in another state, the office may require
submission of any information provided to that statewide monitoring system and shall assist
in the transfer of data from another state as needed and in compliance with any data
classification established by either state.
new text end
new text begin
(d) The office may suspend, revoke, or cancel the endorsement of a distributor who is
prohibited from distributing products containing cannabinoids in any other jurisdiction,
convicted of an offense involving the distribution of products containing cannabinoids in
any other jurisdiction, or found liable for distributing any product that injured customers in
any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related
to actions in another jurisdiction. Failure to disclose relevant information may result in
disciplinary action by the office, including the suspension, revocation, or cancellation of
an endorsement or license.
new text end
new text begin
(e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or
criminal action that a licensed wholesaler relied on information on a product label or
otherwise provided by a manufacturer who is not licensed in this state.
new text end
new text begin
A cannabis transporter license entitles the license
holder to transport immature cannabis plants and seedlings, cannabis flower, cannabinoid
products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, and
hemp-derived consumer products from cannabis cultivators, cannabis manufacturers, cannabis
wholesalers, cannabis microbusinesses, medical cannabis retailers, medical cannabis
processors, and industrial hemp growers to cannabis manufacturers, cannabis testing facilities,
cannabis wholesalers, cannabis retailers, lower potency edible product retailers, medical
cannabis processors, and medical cannabis retailers and perform other actions approved by
the office.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis transporter license must submit the
following information in a form approved by the office:
new text end
new text begin
(1) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer,
or other securities or agreements, in the amount of not less than $300,000, for loss of or
damage to cargo;
new text end
new text begin
(2) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer,
or other securities or agreements, in the amount of not less than $1,000,000, for injury to
one or more persons in any one accident and, if an accident has resulted in injury to or
destruction of property, of not less than $100,000 because of such injury to or destruction
of property of others in any one accident;
new text end
new text begin
(3) the number and type of equipment the business will use to transport cannabis flower
and cannabinoid products;
new text end
new text begin
(4) a loading, transporting, and unloading plan;
new text end
new text begin
(5) a description of the applicant's experience in the distribution or security business;
and
new text end
new text begin
(6) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis transporter license may also hold a cannabis wholesaler license, a cannabis delivery
service license, and a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis transporter license may own or operate any other cannabis business.
new text end
new text begin
(c) The office by rule may limit the number of cannabis transporter licenses a person or
business may hold.
new text end
new text begin
(d) For purposes of this subdivision, restrictions on the number or type of license a
business may hold apply to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
Before transporting cannabis plants and seedlings,
cannabis flower, cannabinoid products, artificially derived cannabinoids, hemp plant parts,
or hemp-derived consumer products, a cannabis transporter shall obtain a shipping manifest
on a form established by the office. The manifest must be kept with the products at all times
and the cannabis transporter must maintain a copy of the manifest in its records.
new text end
new text begin
Records of transportation must be kept for a
minimum of three years at the cannabis transporter's place of business and are subject to
inspection upon request by the office or law enforcement agency. Records of transportation
include the following:
new text end
new text begin
(1) copies of transportation manifests for all deliveries;
new text end
new text begin
(2) a transportation log documenting the chain of custody for each delivery, including
every employee and vehicle used during transportation; and
new text end
new text begin
(3) financial records showing payment for transportation services.
new text end
new text begin
Cannabis plants and seedlings, cannabis flower,
cannabinoid products, artificially derived cannabinoids, hemp plant parts, and hemp-derived
consumer products must be transported in a locked, safe, and secure storage compartment
that is part of the motor vehicle or in a locked storage container that has a separate key or
combination pad. Cannabis plants and seedlings, cannabis flower, cannabinoid products,
artificially derived cannabinoids, hemp plant parts, and hemp-derived consumer products
may not be visible from outside the motor vehicle.
new text end
new text begin
No vehicle or trailer may
contain an image depicting the types of items being transported, including but not limited
to an image depicting a cannabis or hemp leaf, or a name suggesting that the vehicle is used
in transporting cannabis plants and seedlings, cannabis flower, cannabinoid products,
artificially derived cannabinoids, hemp plant parts, or hemp-derived consumer products.
new text end
new text begin
A cannabis transporter shall ensure that all delivery
times and routes are randomized.
new text end
new text begin
All cannabis transporter vehicles transporting cannabis
plants and seedlings, cannabis flower, cannabinoid products, artificially derived cannabinoids,
hemp plant parts, or hemp-derived consumer products must be staffed with a minimum of
two employees. At least one delivery team member shall remain with the motor vehicle at
all times that the motor vehicle contains cannabis plants and seedlings, cannabis flower,
cannabinoid products, artificially derived cannabinoids, hemp plant parts, or hemp-derived
consumer products.
new text end
new text begin
Only a cannabis worker employed by
or contracted with the cannabis transporter and who is at least 21 years of age may transport
cannabis plants and seedlings, cannabis flower, cannabinoid products, artificially derived
cannabinoids, hemp plant parts, or hemp-derived consumer products. All passengers in a
vehicle must be cannabis workers employed by or contracted with the cannabis transporter.
new text end
new text begin
All drivers must carry a valid driver's license with
the proper endorsements when operating a vehicle transporting cannabis plants and seedlings,
cannabis flower, or cannabinoid products.
new text end
new text begin
Any vehicle assigned for the purposes of
transporting cannabis plants and seedlings is subject to inspection and may be stopped or
inspected at any licensed cannabis business or while en route during transportation.
new text end
new text begin
A cannabis testing facility license entitles the license
holder to obtain and test immature cannabis plants and seedlings, cannabis flower,
cannabinoid products, hemp plant parts, hemp concentrate, artificially derived cannabinoids,
and hemp-derived consumer products from cannabis cultivators, cannabis manufacturers,
cannabis wholesalers, cannabis microbusinesses, medical cannabis cultivators, medical
cannabis processors, and industrial hemp growers.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis testing facility license must submit
the following information in a form approved by the office:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems and policies to avoid sales to unlicensed
businesses;
new text end
new text begin
(2) proof of accreditation by a laboratory accrediting organization approved by the office
that, at a minimum, requires a laboratory to operate formal management systems under the
International Organization for Standardization; and
new text end
new text begin
(3) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis testing facility license may not own or operate, or be employed by, any other
cannabis business.
new text end
new text begin
(b) The office by rule may limit the number of cannabis testing facility licenses a person
or business may hold.
new text end
new text begin
(c) For purposes of this subdivision, a restriction on the number of licenses a business
may hold applies to every cooperative member or every director, manager, and general
partner of a cannabis business.
new text end
new text begin
A cannabis testing facility shall provide some or all
testing services required under section 342.60 and rules adopted pursuant to that section.
new text end
new text begin
A cannabis testing facility shall follow all testing protocols,
standards, and criteria adopted by rule by the office for the testing of different forms of
cannabis flower and cannabinoid products; determining batch size; sampling; testing validity;
and approval and disapproval of tested cannabis plants and seedlings, cannabis flower,
cannabinoid products, hemp plant parts, hemp concentrate, artificially derived cannabinoids,
and hemp-derived consumer products.
new text end
new text begin
Records of all business transactions and testing results; records
required to be maintained pursuant to any applicable standards for accreditation; and records
relevant to testing protocols, standards, and criteria adopted by the office must be kept for
a minimum of three years at the cannabis testing facility's place of business and are subject
to inspection upon request by the office or law enforcement agency.
new text end
new text begin
A testing facility
shall dispose of or destroy used, unused, and waste cannabis plants and seedlings, cannabis
flower, cannabinoid products, hemp plant parts, hemp concentrate, artificially derived
cannabinoids, and hemp-derived consumer products pursuant to rules adopted by the office.
new text end
new text begin
A cannabis microbusiness license, consistent with
the specific license endorsement or endorsements, entitles the license holder to perform any
or all of the following:
new text end
new text begin
(1) grow cannabis plants from seed or immature plant to mature plant, harvest cannabis
flower from a mature plant and package and label cannabis flower for sale to other cannabis
businesses;
new text end
new text begin
(2) create cannabis concentrate;
new text end
new text begin
(3) manufacture cannabinoid products for public consumption;
new text end
new text begin
(4) purchase cannabis concentrate and hemp concentrate from a cannabis manufacturer,
cannabis wholesaler, or licensed hemp grower for use in manufacturing cannabinoid products;
new text end
new text begin
(5) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabinoid products, hemp-derived consumer products, and other products authorized by
law to customers;
new text end
new text begin
(6) operate an establishment that permits on-site consumption of edible cannabinoid
products; and
new text end
new text begin
(7) perform other actions approved by the office.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis microbusiness license must submit
the following information in a form approved by the office:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
any cultivation or manufacturing activities; plans for providing electricity, water, and other
utilities necessary for the normal operation of any cultivation or manufacturing activities;
plans for compliance with applicable building code and federal and state environmental and
workplace safety requirements and policies; and plans to avoid sales to unlicensed cannabis
businesses and individuals under 21 years of age;
new text end
new text begin
(2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest
cannabis flower, a cultivation plan demonstrating the proposed size and layout of the
cultivation facility that will be used exclusively for cultivation including the total amount
of plant canopy;
new text end
new text begin
(3) if the applicant is seeking an endorsement to create cannabis concentrate, information
identifying all methods of extraction and concentration that the applicant intends to use and
the volatile chemicals, if any, that will be involved in extraction or concentration; and
new text end
new text begin
(4) evidence that the applicant will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis microbusiness license may also hold a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis microbusiness license may own or operate any other cannabis business.
new text end
new text begin
(c) The office by rule may limit the number of cannabis microbusiness licenses that a
person or business may hold.
new text end
new text begin
(d) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
(a) A cannabis microbusiness that cultivates
cannabis plants and harvests cannabis flower must comply with the requirements in section
342.23.
new text end
new text begin
(b) A cannabis microbusiness that cultivates cannabis may cultivate not more than 2,000
square feet of plant canopy unless the office, by rule, increases that limit. The office may,
by rule, increase the limit on plant canopy to no more than 5,000 square feet if the office
determines that expansion is consistent with the goals identified in section 342.02, subdivision
1.
new text end
new text begin
A cannabis microbusiness that
creates cannabis concentrate must comply with the requirements in section 342.25,
subdivisions 1 and 2.
new text end
new text begin
A cannabis microbusiness
that manufacturers edible cannabinoid products must comply with the requirements in
section 342.25, subdivisions 1 and 3.
new text end
new text begin
A cannabis microbusiness that operates a
retail location must comply with the requirements in section 342.27.
new text end
new text begin
(a) A cannabis microbusiness may permit
on-site consumption of edible cannabinoid products on a portion of its premises.
new text end
new text begin
(b) The portion of the premises in which on-site consumption is permitted must be
definite and distinct from all other areas of the microbusiness and must be accessed through
a distinct entrance.
new text end
new text begin
(c) Edible cannabinoid products sold for on-site consumption must comply with this
chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and
labeling of cannabinoid products.
new text end
new text begin
(d) Edible cannabinoid products sold for on-site consumption must be served in the
required packaging, but may be removed from the products' packaging by customers and
consumed on site.
new text end
new text begin
(e) Food and beverages not otherwise prohibited by this subdivision may be prepared
and sold on site provided that the cannabis microbusiness complies with all relevant state
and local laws, ordinances, licensing requirements, and zoning requirements.
new text end
new text begin
(f) A cannabis microbusiness shall ensure that the display and consumption of any edible
cannabinoid product is not visible from outside of the licensed premises of the business.
new text end
new text begin
(g) A cannabis microbusiness may offer recorded or live entertainment provided that
the cannabis microbusiness complies with all relevant state and local laws, ordinances,
licensing requirements, and zoning requirements.
new text end
new text begin
(h) A cannabis microbusiness may not:
new text end
new text begin
(1) sell edible cannabinoid products to an individual who is under 21 years of age;
new text end
new text begin
(2) permit an individual who is under 21 years of age to enter the premises;
new text end
new text begin
(3) sell more than one single serving of an edible cannabinoid product to a customer;
new text end
new text begin
(4) sell an edible cannabinoid product to a person who is visibly intoxicated;
new text end
new text begin
(5) sell or allow the sale or consumption of alcohol or tobacco on the premises;
new text end
new text begin
(6) sell products that are intended to be eaten or consumed as a drink, other than packaged
and labeled edible cannabinoid products, that contain cannabis flower or hemp plant parts
or are infused with cannabis concentrate, hemp concentrate, or artificially derived
cannabinoids;
new text end
new text begin
(7) permit edible cannabinoid products sold in the portion of the area designated for
on-site consumption to be removed from that area;
new text end
new text begin
(8) permit adult-use cannabis flower, adult-use cannabinoid products, or tobacco to be
consumed through smoking or a vaporized delivery method on the premises; or
new text end
new text begin
(9) distribute or allow free samples of adult-use cannabis flower, adult-use cannabinoid
products, or hemp-derived consumer products.
new text end
new text begin
A cannabis event organizer license entitles the
license holder to organize a temporary cannabis event lasting no more than four days.
new text end
new text begin
(a) In addition to the information required
to be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that
section, a person, cooperative, or business seeking a cannabis event organizer license must
submit the following information in a form approved by the office:
new text end
new text begin
(1) the type and number of any other cannabis business license held by the applicant;
new text end
new text begin
(2) the address and location where the temporary cannabis event will take place;
new text end
new text begin
(3) the name of the temporary cannabis event;
new text end
new text begin
(4) a diagram of the physical layout of the temporary cannabis event showing where the
event will take place on the grounds, all entrances and exits that will be used by participants
during the event, all cannabis consumption areas, all cannabis retail areas where cannabis
flower and cannabinoid products will be sold, the location where cannabis waste will be
stored, and any location where cannabis flower and cannabinoid products will be stored;
new text end
new text begin
(5) a list of the name, number, and type of cannabis businesses that will sell cannabis
plants, adult-use cannabis flower, adult-use cannabinoid products, and hemp-derived
consumer products at the event, which may be supplemented or amended within 72 hours
of the time at which the cannabis event begins;
new text end
new text begin
(6) the dates and hours during which the cannabis event will take place;
new text end
new text begin
(7) proof of local approval for the cannabis event; and
new text end
new text begin
(8) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(b) A person, cooperative, or business seeking a cannabis event organizer license may
also disclose whether the person or any officer, director, manager, and general partner of a
cannabis business is serving or has previously served in the military.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis event organizer license may not hold a cannabis testing facility license.
new text end
new text begin
(b) The office by rule may limit the number of cannabis event licenses that a person or
business may hold.
new text end
new text begin
(c) For purposes of this subdivision, restrictions on the number or type of license that a
business may hold apply to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
A cannabis event organizer must receive local approval,
including obtaining any necessary permits or licenses issued by a local unit of government,
before holding a cannabis event.
new text end
new text begin
(a) A cannabis event organizer may charge an entrance fee to
a cannabis event.
new text end
new text begin
(b) A cannabis event organizer may charge a fee to a cannabis business in exchange for
space to display and sell cannabis flower and cannabinoid products. Any fee paid for
participation in a cannabis event shall not be based on or tied to the sale of cannabis plants,
adult-use cannabis flower, adult-use cannabinoid products, or hemp-derived consumer
products.
new text end
new text begin
A cannabis event organizer must hire or contract for licensed security
personnel to provide security services at the cannabis event. All security personnel hired or
contracted for shall be at least 21 years of age and present on the licensed event premises
at all times that cannabinoid products are available for sale or consumption of adult-use
cannabis flower or adult-use cannabinoid products is allowed. The security personnel shall
not consume cannabis flower or cannabinoid products for at least 24 hours before the event
or during the event.
new text end
new text begin
A cannabis event organizer shall ensure that access
to an event is limited to individuals who are at least 21 years of age. At or near each public
entrance to any area where the sale or consumption of adult-use cannabis flower or adult-use
cannabinoid products is allowed, a cannabis event organizer shall maintain a clearly visible
and legible sign consisting of the following statement: No persons under 21 allowed. The
lettering of the sign shall be not less than one inch in height.
new text end
new text begin
A cannabis event organizer shall ensure that all used, unused,
and waste cannabis plants, cannabis flower, cannabinoid products, and hemp-derived
consumer products that are not removed by a customer or cannabis business are disposed
of in a manner approved by the office.
new text end
new text begin
All transportation
of cannabis plants, adult-use cannabis flower, adult-use cannabinoid products, and
hemp-derived consumer products intended for display or sale and all cannabis plants,
adult-use cannabis flower, adult-use cannabinoid products, and hemp-derived consumer
products used for display or not sold during the cannabis event must be transported to and
from the cannabis event by a licensed cannabis transporter.
new text end
new text begin
(a) Licensed cannabis retailers and licensed cannabis
microbusinesses with an endorsement to sell cannabis plants, adult-use cannabis flower,
adult-use cannabinoid products, and hemp-derived consumer products to customers, including
the cannabis event organizer, may sell cannabis plants, adult-use cannabis flower, adult-use
cannabinoid products, and hemp-derived consumer products to customers at a cannabis
event.
new text end
new text begin
(b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabinoid
products, and hemp-derived consumer products at a cannabis event must take place in a
retail area as designated in the premises diagram.
new text end
new text begin
(c) Licensed cannabis retailers and licensed cannabis microbusinesses may only conduct
sales within their specifically assigned area.
new text end
new text begin
(d) Licensed cannabis retailers and licensed cannabis microbusinesses must verify the
age of all customers pursuant to section 342.27, subdivision 3, before completing a sale and
may not sell cannabis flower or cannabinoid products to an individual under 21 years of
age.
new text end
new text begin
(e) Licensed cannabis retailers and licensed cannabis microbusinesses may display one
sample of each type of cannabis plant, adult-use cannabis flower, adult-use cannabinoid
product, and hemp-derived consumer product available for sale. Samples of adult-use
cannabis and adult-use cannabinoid products must be stored in a sample jar or display case
and be accompanied by a label or notice containing the information required to be affixed
to the packaging or container containing adult-use cannabis flower and adult-use cannabinoid
products sold to customers. A sample may not consist of more than eight grams of adult-use
cannabis flower or adult-use cannabis concentrate, or an edible cannabinoid product infused
with more than 100 milligrams of tetrahydrocannabinol. A cannabis retailer may allow
customers to smell the adult-use cannabis flower or adult-use cannabinoid product before
purchase.
new text end
new text begin
(f) The notice requirements under section 342.27, subdivision 5, apply to licensed
cannabis retailers and licensed cannabis microbusinesses offering cannabis plants, adult-use
cannabis flower, adult-use cannabinoid products, and hemp-derived consumer products for
sale at a cannabis event.
new text end
new text begin
(g) Licensed cannabis retailers and licensed cannabis microbusinesses may not:
new text end
new text begin
(1) sell adult-use cannabis flower or adult-use cannabinoid products to a person who is
visibly intoxicated;
new text end
new text begin
(2) knowingly sell more adult-use cannabis flower or adult-use cannabinoid products
than a customer is legally permitted to possess;
new text end
new text begin
(3) sell medical cannabis flower or medical cannabinoid products;
new text end
new text begin
(4) give away cannabis plants, cannabis flower, cannabinoid products, or hemp-derived
consumer products; or
new text end
new text begin
(5) allow for the dispensing of cannabis plants, cannabis flower, cannabinoid products,
or hemp-derived consumer products in vending machines.
new text end
new text begin
(h) Except for samples of adult-use cannabis flower and adult-use cannabinoid products,
all adult-use cannabis flower and adult-use cannabinoid products for sale at a cannabis event
must be stored in a secure, locked container that is not accessible to the public. Adult-use
cannabis flower and adult-use cannabinoid products being stored at a cannabis event shall
not be left unattended.
new text end
new text begin
(i) All cannabis plants, adult-use cannabis flower, adult-use cannabinoid products, or
hemp-derived consumer products for sale at a cannabis event must comply with this chapter
and rules adopted pursuant to this chapter regarding the testing, packaging, and labeling of
those items.
new text end
new text begin
(j) All cannabis plants, adult-use cannabis flower, and adult-use cannabinoid products
sold, damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring
system.
new text end
new text begin
(a) If approved by the local unit of
government, a cannabis event may designate an area for consumption of adult-use cannabis
flower, adult-use cannabinoid products, or both.
new text end
new text begin
(b) Access to areas where consumption of adult-use cannabis flower or adult-use
cannabinoid products is allowed shall be restricted to individuals who are at least 21 years
of age.
new text end
new text begin
(c) The cannabis event organizer shall ensure that consumption of adult-use cannabis
flower or adult-use cannabinoid products within a designated consumption area is not visible
from any public place.
new text end
new text begin
(d) The cannabis event organizer shall not permit consumption of alcohol or tobacco.
new text end
new text begin
A cannabis delivery service license entitles the
license holder to purchase cannabis flower, cannabinoid products, and hemp-derived
consumer products from licensed cannabis retailers, licensed cannabis microbusinesses with
an endorsement to sell adult-use cannabis flower and adult-use cannabinoid products to
customers, and medical cannabis retailers; transport and deliver cannabis flower, cannabinoid
products, and hemp-derived consumable products to customers; and perform other actions
approved by the office.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis delivery service license must submit
the following information in a form approved by the office:
new text end
new text begin
(1) a list of all vehicles to be used in the delivery of cannabis flower, cannabinoid
products, and hemp-derived consumer products including:
new text end
new text begin
(i) the vehicle make, model, and color;
new text end
new text begin
(ii) the vehicle identification number; and
new text end
new text begin
(iii) the license plate number;
new text end
new text begin
(2) proof of insurance for each vehicle;
new text end
new text begin
(3) a business plan demonstrating policies to avoid sales of cannabis flower, cannabinoid
products, and hemp-derived consumer products to individuals who are under 21 years of
age and plans to prevent the visibility of cannabis flower, cannabinoid products, and
hemp-derived consumer products to individuals outside the delivery vehicle; and
new text end
new text begin
(4) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis delivery service license may also hold a cannabis retailer license, a cannabis
wholesaler license, a cannabis transporter license, a cannabis event organizer license, and
a medical cannabis retailer license subject to the ownership limitations that apply to those
licenses.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis delivery service license may own or operate any other cannabis business.
new text end
new text begin
(c) The office by rule may limit the number of cannabis delivery service licenses that a
person or business may hold.
new text end
new text begin
(d) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
Prior to completing a delivery, a cannabis
delivery service shall verify that the customer is at least 21 years of age or is enrolled in the
registry program. Section 342.27, subdivision 3, applies to the verification of a customer's
age. Registry verification issued by the Division of Medical Cannabis may be considered
evidence that the person is enrolled in the registry program.
new text end
new text begin
The office by rule shall establish record-keeping requirements for a
cannabis delivery service, including but not limited to proof of delivery to individuals who
are at least 21 years of age or enrolled in the registry program.
new text end
new text begin
The office by rule shall establish limits on the
amount of cannabis flower, cannabinoid products, and hemp-derived consumer products
that a cannabis delivery service may transport.
new text end
new text begin
Receipt of cannabis flower and cannabinoid
products by the cannabis delivery service and a delivery to a customer must be recorded in
the statewide monitoring system within the time established by rule.
new text end
new text begin
Cannabis flower, cannabinoid products, and
hemp-derived consumer products must be transported in a locked, safe, and secure storage
compartment that is part of the cannabis delivery service vehicle or in a locked storage
container that has a separate key or combination pad. Cannabis flower, cannabinoid products,
and hemp-derived consumer products may not be visible from outside the cannabis delivery
service vehicle.
new text end
new text begin
No cannabis delivery service
vehicle or trailer may contain an image depicting the types of items being transported,
including but not limited to an image depicting a cannabis or hemp leaf, or a name suggesting
that the cannabis delivery service vehicle is used for transporting cannabis flower,
cannabinoid products, or hemp-derived consumer products.
new text end
new text begin
Only a cannabis worker employed by
or contracted with the cannabis delivery service and who is at least 21 years of age may
transport cannabis flower, cannabinoid products, or hemp-derived consumer products. All
passengers in a cannabis delivery service vehicle must be cannabis workers employed by
or contracted with the cannabis delivery service.
new text end
new text begin
Any cannabis delivery service vehicle is subject
to inspection and may be stopped or inspected at any licensed cannabis business or while
en route during transportation.
new text end
new text begin
A lower potency edible product retailer license
entitles the license holder to:
new text end
new text begin
(1) purchase lower potency edible products from cannabis manufacturers, cannabis
wholesalers, and cannabis microbusinesses;
new text end
new text begin
(2) sell lower potency edible products to customers; and
new text end
new text begin
(3) perform other actions approved by the office.
new text end
new text begin
(a) Except as otherwise provided in this
subdivision, the provisions of this chapter relating to license applications, license selection
criteria, general ownership disqualifications and requirements, and general operational
requirements do not apply to a lower potency edible product license or licensee.
new text end
new text begin
(b) A license applicant or, in the case of a business entity, every cooperative member
or director, manager and general partner of the business entity must submit a completed
criminal history records check consent form, a full set of classifiable fingerprints, and the
required fees to the office. Upon receipt of this information, the office must submit the
completed criminal history records check consent form, full set of classifiable fingerprints,
and required fees to the Bureau of Criminal Apprehension. After receiving this information,
the bureau must conduct a Minnesota criminal history records check of the license applicant.
The bureau may exchange a license applicant's fingerprints with the Federal Bureau of
Investigation to obtain the applicant's national criminal history record information. The
bureau must return the results of the Minnesota and federal criminal history records checks
to the director to determine if the applicant is disqualified under section 342.20.
new text end
new text begin
(c) The office may issue a lower potency edible products license to an applicant who:
new text end
new text begin
(1) is at least 21 years of age;
new text end
new text begin
(2) has completed an application for licensure or application for renewal and has fully
and truthfully complied with all information requests relating to license application and
renewal;
new text end
new text begin
(3) registers with the statewide monitoring system;
new text end
new text begin
(4) is not employed by the office or any state agency with regulatory authority over this
chapter; and
new text end
new text begin
(5) is not disqualified under section 342.20, subdivision 2.
new text end
new text begin
(d) Licenses must be renewed annually. The office may charge an application fee not
to exceed $250 to cover the costs associated with reviewing and processing applications
but must not charge a licensing fee.
new text end
new text begin
(e) Licenses may not be transferred.
new text end
new text begin
(a) A person, cooperative, or business holding a
lower potency edible product license may not own, operate, or be employed by any other
cannabis business.
new text end
new text begin
(b) A person, cooperative, or business holding a lower potency edible product license
may hold an off-sale or on-sale license for the sale of 3.2 percent malt liquor, an on-sale
intoxicating liquor license, an off-sale intoxicating liquor license, or a combination off-sale
and on-sale intoxicating liquor license.
new text end
new text begin
(a) A lower potency edible
product retailer may only sell lower potency edible products to individuals who are at least
21 years of age.
new text end
new text begin
(b) A lower potency edible product retailer may sell lower potency edible products that:
new text end
new text begin
(1) are obtained from a licensed Minnesota cannabis manufacturer, cannabis
microbusiness, or cannabis wholesaler; and
new text end
new text begin
(2) meet all applicable packaging and labeling requirements.
new text end
new text begin
A lower potency edible product retailer may sell other
products or items for which the lower potency edible product retailer has a license or
authorization or that do not require a license or authorization.
new text end
new text begin
Prior to initiating a sale, an employee of the lower potency
edible product retailer must verify that the customer is at least 21 years of age. Section
342.27, subdivision 3, applies to the verification of a customer's age.
new text end
new text begin
A lower potency
edible product retailer shall ensure that all lower potency edible products are displayed
behind a checkout counter where the public is not permitted. All lower potency edible
products that are not displayed must be stored in a secure area.
new text end
new text begin
A lower potency edible product retailer shall ensure that
all lower potency edible products offered for sale comply with the limits on the amount and
types of cannabinoids that a lower potency edible product can contain, including but not
limited to the requirement that lower potency edible products:
new text end
new text begin
(1) be packaged in servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol per serving, 25 milligrams of cannabidiol per serving, 25 milligrams
of cannabigerol per serving, or any combination of those cannabinoids that does not exceed
the identified amounts;
new text end
new text begin
(2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids;
new text end
new text begin
(3) do not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol; and
new text end
new text begin
(4) if the package contains more than one serving, indicate each serving by scoring,
wrapping, or other indicators that appear on the lower potency edible product designating
the individual serving size.
new text end
new text begin
(a) A lower potency edible product retailer that also
holds an on-sale license for the sale of 3.2 percent malt liquor, an on-sale intoxicating liquor
license, or a combination off-sale and on-sale intoxicating liquor license may sell lower
potency edible products that are intended to be consumed as a beverage for on-site
consumption.
new text end
new text begin
(b) lower potency edible products sold for on-site consumption must comply with this
chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and
labeling of cannabinoid products.
new text end
new text begin
(c) lower potency edible products sold for on-site consumption must be served in the
required packaging, but may be removed from the products' packaging by customers and
consumed on site.
new text end
new text begin
(d) Food and beverages not otherwise prohibited by this subdivision may be prepared
and sold on site provided that the lower potency edible product retailer complies with all
relevant state and local laws, ordinances, licensing requirements, and zoning requirements.
new text end
new text begin
(e) A lower potency edible product retailer may offer recorded or live entertainment
provided that the lower potency edible product retailer complies with all relevant state and
local laws, ordinances, licensing requirements, and zoning requirements.
new text end
new text begin
(f) A lower potency edible product retailer may not:
new text end
new text begin
(1) sell lower potency edible products to an individual who is under 21 years of age;
new text end
new text begin
(2) sell lower potency edible products to a customer who the lower potency edible product
retailer knows or reasonably should know has consumed alcohol sold or provided by the
lower potency edible product retailer within the previous five hours;
new text end
new text begin
(3) sell a lower potency edible product to a person who is visibly intoxicated;
new text end
new text begin
(4) sell cannabis flower, hemp-derived consumer products, or any cannabinoid product
other than lower potency edible products that are intended to be consumed as a beverage;
new text end
new text begin
(5) permit lower potency edible products that have been removed from the products'
packaging to be removed from the premises of the lower potency edible product retailer;
new text end
new text begin
(6) allow for the dispensing of lower potency edible products in vending machines;
new text end
new text begin
(7) sell lower potency edible products when the statewide monitoring system is not
operational; or
new text end
new text begin
(8) distribute or allow free samples of lower potency edible products.
new text end
new text begin
(a) A lower potency edible product retailer
shall record all lower potency edible products it receives in the statewide monitoring system.
new text end
new text begin
(b) A lower potency edible product retailer shall record all lower potency edible products
sold, damaged, or destroyed in the statewide monitoring system.
new text end
new text begin
A lower potency edible product retailer must post all notices
as provided in section 342.27, subdivision 5.
new text end
new text begin
(a) A lower potency edible product retailer shall maintain
compliance with state and local building, fire, and zoning requirements or regulations.
new text end
new text begin
(b) A lower potency edible product retailer shall ensure that the licensed premises is
maintained in a clean and sanitary condition, free from infestation by insects, rodents, or
other pests.
new text end
new text begin
The office shall inspect lower potency cannabinoid product
retailers and take enforcement action as provided in sections 342.18 and 342.19.
new text end
new text begin
(a) The office shall issue the following types of medical
cannabis business licenses:
new text end
new text begin
(1) medical cannabis cultivator;
new text end
new text begin
(2) medical cannabis processor; and
new text end
new text begin
(3) medical cannabis retailer.
new text end
new text begin
(b) The Division of Medical Cannabis may oversee the licensing and regulation of
medical cannabis businesses.
new text end
new text begin
(a) A person, cooperative, or business holding:
new text end
new text begin
(1) a medical cannabis cultivator license may also hold a medical cannabis processor
license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event
organizer license subject to the ownership limitations that apply to those licenses;
new text end
new text begin
(2) a medical cannabis processor license may also hold a medical cannabis cultivator
license, a cannabis cultivator license, a cannabis manufacturer license, and a cannabis event
organizer license subject to the ownership limitations that apply to those licenses; or
new text end
new text begin
(3) a medical cannabis retailer license may also hold a cannabis retailer license, a cannabis
delivery service license, and a cannabis event organizer license subject to the ownership
limitations that apply to those licenses.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
medical cannabis license may own or operate any other cannabis business.
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(c) The office by rule may limit the number of medical cannabis business licenses that
a person or business may hold.
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(d) For purposes of this subdivision, a restriction on the number of licenses or type of
license that a business may hold applies to every cooperative member or every director,
manager, and general partner of a medical cannabis business.
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(a) As used in this subdivision,
"medical cannabis manufacturer" means either of the two in-state manufacturers of medical
cannabis registered with the commissioner of health pursuant to section 152.25 as of July
1, 2023.
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(b) Notwithstanding any law to the contrary, the registration or reregistration period of
a medical cannabis manufacturer expires on July 1, 2024.
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A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
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(1) holding a direct or indirect economic interest in a medical cannabis business;
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(2) serving on a board of directors or as an employee of a medical cannabis business;
or
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(3) advertising with a medical cannabis business in any way.
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A medical cannabis business is prohibited from:
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(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
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(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
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This section is effective January 1, 2024.
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In addition to information required to be submitted
under section 342.15, subdivision 1, and rules adopted pursuant to that section, a person,
cooperative, or business seeking a medical cannabis business license must submit the
following information in a form approved by the office:
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(1) for medical cannabis cultivator license applicants:
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(i) an operating plan demonstrating the proposed size and layout of the cultivation facility;
plans for wastewater and waste disposal for the cultivation facility; plans for providing
electricity, water, and other utilities necessary for the normal operation of the cultivation
facility; and plans for compliance with applicable building code and federal and state
environmental and workplace safety requirements;
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(ii) a cultivation plan demonstrating the proposed size and layout of the cultivation
facility that will be used exclusively for cultivation for medical cannabis, including the total
amount of plant canopy; and
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(iii) evidence that the business will comply with the applicable operation requirements
for the license being sought;
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(2) for medical cannabis processor license applicants:
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(i) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
the manufacturing facility; plans for providing electricity, water, and other utilities necessary
for the normal operation of the manufacturing facility; and plans for compliance with
applicable building code and federal and state environmental and workplace safety
requirements;
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(ii) all methods of extraction and concentration that the applicant intends to use and the
volatile chemicals, if any, that are involved in extraction or concentration;
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(iii) if the applicant is seeking an endorsement to manufacture products infused with
cannabinoids for consumption by patients enrolled in the registry program, proof of an
edible cannabinoid product handler endorsement from the office; and
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(iv) evidence that the applicant will comply with the applicable operation requirements
for the license being sought; or
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(3) for medical cannabis retailer license applicants:
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(i) a list of every retail license held by the applicant and, if the applicant is a business,
every retail license held, either as an individual or as part of another business, by each
officer, director, manager, and general partner of the cannabis business;
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(ii) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems, policies to avoid sales to individuals who are
not authorized to receive the distribution of medical cannabis flower or medical cannabinoid
products, identification of a restricted area for storage, and plans to prevent the visibility of
cannabis flower and cannabinoid products;
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(iii) if the applicant holds or is applying for a cannabis retailer license, a diagram showing
the portion of the premises in which medical cannabis flower and medical cannabinoid
products will be sold and distributed and identifying an area that is definite and distinct
from all other areas of the cannabis retailer, accessed through a distinct entrance, and contains
an appropriate space for a pharmacist employee of the medical cannabis retailer to consult
with the patient to determine the proper type of medical cannabis flower and medical
cannabinoid products and proper dosage for the patient; and
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(iv) evidence that the applicant will comply with the applicable operation requirements
for the license being sought.
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A person, cooperative, or business seeking
a medical cannabis cultivator license or a medical cannabis processor license and any other
type of cannabis business license, other than a cannabis event organizer license, must identify
the methods that will be used to segregate medical cannabis flower and medical cannabinoid
products from other cannabis flower and cannabinoid products to avoid cross-contamination.
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This section is effective January 1, 2024.
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(a) A medical cannabis cultivator license entitles the license holder to grow cannabis
plants within the approved amount of space from seed or immature plant to mature plant,
harvest cannabis flower from a mature plant, package and label cannabis flower as medical
cannabis flower, sell medical cannabis flower to medical cannabis processors and medical
cannabis retailers, transport medical cannabis flower to a medical cannabis processor located
on the same premises, and perform other actions approved by the office.
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(b) A medical cannabis cultivator license holder must comply with all requirements of
section 342.23.
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(c) A medical cannabis cultivator license holder must verify that every batch of medical
cannabis flower has passed safety, potency, and consistency testing at a cannabis testing
facility approved by the office for the testing of medical cannabis flower before the medical
cannabis cultivator may package, label, or sell the medical cannabis flower to any other
entity.
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This section is effective January 1, 2024.
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(a) A medical cannabis processor license, consistent with the specific license endorsement
or endorsements, entitles the license holder to:
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(1) purchase medical cannabis flower, medical cannabinoid products, hemp plant parts,
and hemp concentrate from medical cannabis cultivators, other medical cannabis processors,
and industrial hemp growers;
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(2) make cannabis concentrate from medical cannabis flower;
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(3) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
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(4) manufacture medical cannabinoid products;
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(5) package and label medical cannabinoid products for sale to other medical cannabis
processors and to medical cannabis retailers; and
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(6) perform other actions approved by the office.
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(b) A medical cannabis cultivator license holder must comply with all requirements of
section 342.23, including requirements to obtain specific license endorsements.
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(c) A medical cannabis processor license holder must verify that every batch of medical
cannabinoid product has passed safety, potency, and consistency testing at a cannabis testing
facility approved by the office for the testing of medical cannabinoid products before the
medical cannabis processor may package, label, or sell the medical cannabinoid product to
any other entity.
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This section is effective January 1, 2024.
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(a) A medical cannabis retailer license entitles the
license holder to purchase medical cannabis flower and medical cannabinoid products from
medical cannabis cultivators and medical cannabis processors and sell or distribute medical
cannabis flower and medical cannabinoid products to any person authorized to receive
distribution.
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(b) A medical cannabis retailer license holder must verify that all medical cannabis
flower and medical cannabinoid products have passed safety, potency, and consistency
testing at a cannabis testing facility approved by the office for the testing of medical cannabis
flower and medical cannabinoid products before the medical cannabis retailer may distribute
the medical cannabis flower or medical cannabis product to any person authorized to receive
distribution.
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(a) Prior to distribution of medical cannabis flower
or medical cannabinoid products, a medical cannabis retailer licensee must:
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(1) review and confirm the patient's registry verification;
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(2) verify that the person requesting the distribution of medical cannabis flower or
medical cannabinoid products is the patient, the patient's registered designated caregiver,
or the patient's parent, legal guardian, or spouse using the procedures specified in section
152.11, subdivision 2d;
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(3) ensure that a pharmacist employee of the medical cannabis retailer has consulted
with the patient if required according to subdivision 3; and
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(4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid
product that includes recommended dosage requirements and other information as required
by rules adopted by the office.
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(b) A medical cannabis retailer may not deliver medical cannabis flower or medical
cannabinoid products unless the medical cannabis retailer also holds a cannabis delivery
service license. Delivery of medical cannabis flower and medical cannabinoid products are
subject to the provisions of section 342.39.
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(a) A cannabis worker who is employed by a medical cannabis
retailer and who is licensed as a pharmacist pursuant to chapter 151 shall be the only person
who may give fin