Conference Committee Report - 93rd Legislature (2023 - 2024) Posted on 05/16/2023 11:48pm
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 and certain hemp products by
adults; providing for the licensing, inspection, and regulation of cannabis businesses
and hemp businesses; requiring testing of cannabis flower, cannabis products, and
certain hemp products; requiring labeling of cannabis flower, cannabis products,
and certain hemp products; limiting the advertisement of cannabis flower, cannabis
products, and cannabis businesses, and hemp businesses; providing for the
cultivation of cannabis in private residences; transferring regulatory authority for
the medical cannabis program; taxing the sale of cannabis flower, cannabis
products, and certain hemp products; establishing grant and loan programs;
clarifying the prohibition on operating a motor vehicle while under the influence
of certain products and chemicals; amending criminal penalties; establishing
expungement procedures for certain individuals; requiring reports on expungements;
providing for expungement of certain evictions; clarifying the rights of landlords
and tenants regarding use of certain forms of cannabis; establishing labor standards
for the use of cannabis flower, cannabis products, and certain hemp products by
employees and testing of employees; providing for the temporary regulation of
certain edible cannabinoid products; providing for professional licensing
protections; providing for local registration of certain cannabis businesses and
hemp businesses operating retail establishments; 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; 144A.4791, subdivision 14; 151.72; 152.01, by adding
subdivisions; 152.02, subdivisions 2, 4; 152.021, subdivisions 1, 2; 152.022,
subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025,
subdivisions 1, 2; 152.11, subdivision 2; 152.22, by adding subdivisions; 152.29,
subdivision 4, by adding a subdivision; 152.30; 152.32; 152.33, subdivision 1;
169A.03, by adding subdivisions; 169A.20, subdivision 1; 169A.31, subdivision
1; 169A.51, subdivisions 1, 4; 169A.72; 175.45, subdivision 1; 181.938, subdivision
2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951,
subdivisions 4, 5, 6, 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; 270B.12, by adding a subdivision;
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, 4, 18; 297A.85; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08;
297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 340A.412, subdivision
14; 484.014, subdivision 3; 504B.171, subdivision 1; 609.2112, subdivision 1;
609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions 1, 2; 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; 169A; 270C; 289A; 295; 340A; 504B;
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.
May 16, 2023
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
We, the undersigned conferees for H. F. No. 100 report that we have agreed upon the
items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 100 be further amended
as follows:
new text begin For the purposes of this chapter, the following terms have the
meanings given them.
new text end
new text begin "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 any
artificially derived cannabinoid.
new text end
new text begin "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.
new text end
new text begin "Adult-use cannabis product" means a cannabis
product that is approved for sale by the office or is substantially similar to a product approved
by the office. Adult-use cannabis product includes edible cannabis products but does not
include medical cannabinoid products or lower-potency hemp edibles.
new text end
new text begin "Advertisement" means any written or oral statement,
illustration, or depiction that is intended to promote sales of cannabis flower, cannabis
products, lower-potency hemp edibles, hemp-derived consumer products, or sales at a
specific cannabis business or hemp 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 342.64, subdivision 2,
paragraph (b).
new text end
new text begin "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, cannabis products, hemp concentrate,
lower-potency hemp edibles, or hemp-derived consumer products.
new text end
new text begin "Batch" means:
new text end
new text begin (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;
new text end
new text begin (2) a specific quantity of cannabis flower that is harvested together; is uniform and
intended to meet specifications for identity, strength, purity, and composition; and receives
identical sorting, drying, curing, and storage treatment; or
new text end
new text begin (3) a specific quantity of a specific cannabis product, lower-potency hemp edible,
artificially derived cannabinoid, hemp-derived consumer product, or hemp-derived topical
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.
new text end
new text begin "Batch number" means a unique numeric or alphanumeric
identifier assigned to a batch of cannabis plants, cannabis flower, cannabis products,
lower-potency hemp edibles, artificially derived cannabinoid, hemp-derived consumer
products, or hemp-derived topical products.
new text end
new text begin "Bona fide labor organization" means a labor
union that represents or is actively seeking to represent cannabis workers.
new text end
new text begin "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.
new text end
new text begin "Cannabinoid extraction" means the process of
extracting cannabis concentrate from cannabis plants or cannabis flower using heat, pressure,
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 any artificially derived cannabinoid.
new text end
new text begin "Cannabinoid product" means a cannabis product, a
hemp-derived consumer product, or a lower-potency hemp edible.
new text end
new text begin "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, and
cannabidiolic acid in cannabis flower, a cannabis product, a batch of artificially derived
cannabinoid, a lower-potency hemp edible, a hemp-derived consumer product, or a
hemp-derived topical product expressed as percentages measured by weight and, in the case
of cannabis products, lower-potency hemp edibles, and hemp-derived consumer products,
expressed as milligrams in each serving and package.
new text end
new text begin "Cannabis business" means any of the following licensed
under this chapter:
new text end
new text begin (1) cannabis microbusiness;
new text end
new text begin (2) cannabis mezzobusiness;
new text end
new text begin (3) cannabis cultivator;
new text end
new text begin (4) cannabis manufacturer;
new text end
new text begin (5) cannabis retailer;
new text end
new text begin (6) cannabis wholesaler;
new text end
new text begin (7) cannabis transporter;
new text end
new text begin (8) cannabis testing facility;
new text end
new text begin (9) cannabis event organizer;
new text end
new text begin (10) cannabis delivery service;
new text end
new text begin (11) medical cannabis cultivator;
new text end
new text begin (12) medical cannabis processor;
new text end
new text begin (13) medical cannabis retailer; and
new text end
new text begin (14) medical cannabis combination business.
new text end
new text begin (a) "Cannabis concentrate" means:
new text end
new text begin (1) the extracts and resins of a cannabis plant or cannabis flower;
new text end
new text begin (2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase
the presence of targeted cannabinoids; or
new text end
new text begin (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.
new text end
new text begin (b) Cannabis concentrate does not include hemp concentrate, artificially derived
cannabinoid, or hemp-derived consumer products.
new text end
new text begin "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, hemp plant parts,
or hemp-derived consumer products.
new text end
new text begin "Cannabis industry" means every item, product, person,
process, action, business, or other thing related to cannabis flower and cannabis products
and subject to regulation under this chapter.
new text end
new text begin "Cannabis paraphernalia" means all equipment,
products, and materials of any kind that are knowingly or intentionally used primarily in:
new text end
new text begin (1) manufacturing cannabis products;
new text end
new text begin (2) ingesting, inhaling, or otherwise introducing cannabis flower or cannabis products
into the human body; and
new text end
new text begin (3) testing the strength, effectiveness, or purity of cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products.
new text end
new text begin "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.
new text end
new text begin (a) "Cannabis product" means any of the following:
new text end
new text begin (1) cannabis concentrate;
new text end
new text begin (2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol,
extracted or derived from cannabis plants or cannabis flower; or
new text end
new text begin (3) any other product that contains cannabis concentrate.
new text end
new text begin (b) Cannabis product includes adult-use cannabis products, including but not limited to
edible cannabis products and medical cannabinoid products. Cannabis product does not
include cannabis flower, artificially derived cannabinoid, lower-potency hemp edibles,
hemp-derived consumer products, or hemp-derived topical products.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "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, or cannabis
products.
new text end
new text begin "Child-resistant" means packaging that meets the poison
prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15.
new text end
new text begin "Cooperative" means an association conducting business on a
cooperative plan that is organized or is subject to chapter 308A or 308B.
new text end
new text begin "Council" means the Cannabis Advisory Council.
new text end
new text begin "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.
new text end
new text begin "Division of Medical Cannabis" means a
division housed in the Office of Cannabis Management that operates the medical cannabis
program.
new text end
new text begin "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 and usage.
new text end
new text begin "Drug" has the meaning given in section 151.01, subdivision 5.
new text end
new text begin "Edible cannabis product" means any product that
is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid other
than 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 cannabis product does not include lower-potency
hemp edibles.
new text end
new text begin "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 an active license in good standing and the primary responsibility for the care
and treatment of the qualifying medical condition of an individual diagnosed with a qualifying
medical condition.
new text end
new text begin "Health record" has the meaning given in section 144.291,
subdivision 2.
new text end
new text begin (a) "Hemp business" means either of the following licensed
under this chapter:
new text end
new text begin (1) lower-potency hemp edible manufacturer; or
new text end
new text begin (2) lower-potency hemp edible retailer.
new text end
new text begin (b) Hemp business does not include a person or entity licensed under chapter 18K to
grow industrial hemp for commercial or research purposes or to process industrial hemp
for commercial purposes.
new text end
new text begin (a) "Hemp concentrate" means:
new text end
new text begin (1) the extracts and resins of a hemp plant or hemp plant parts;
new text end
new text begin (2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase
the presence of targeted cannabinoids; or
new text end
new text begin (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.
new text end
new text begin (b) Hemp concentrate does not include artificially derived cannabinoids, lower-potency
hemp edibles, hemp-derived consumer products, or hemp-derived topical products.
new text end
new text begin "Hemp consumer industry" means every item,
product, person, process, action, business, or other thing related to artificially derived
cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products and
subject to regulation under this chapter.
new text end
new text begin (a) "Hemp-derived consumer product"
means a product intended for human or animal consumption, does not contain cannabis
flower or cannabis concentrate, and:
new text end
new text begin (1) contains or consists of hemp plant parts; or
new text end
new text begin (2) contains hemp concentrate or artificially derived cannabinoids in combination with
other ingredients.
new text end
new text begin (b) Hemp-derived consumer product does not include artificially derived cannabinoids,
lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp
grain.
new text end
new text begin "Hemp-derived topical product" means a
product intended for human or animal consumption that contains hemp concentrate, is
intended for application externally to a part of the body of a human or animal, and does not
contain cannabis flower or cannabis concentrate.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "Hemp worker" means any individual employed by a hemp
business and any individual who is a contractor of a hemp business whose scope of work
involves the handling of artificially derived cannabinoids, hemp concentrate, lower-potency
hemp edibles, or hemp-derived consumer products.
new text end
new text begin "Industrial hemp" has the meaning given in section 18K.02,
subdivision 3.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "License holder" means a person, cooperative, or business
that holds any of the following licenses:
new text end
new text begin (1) cannabis microbusiness;
new text end
new text begin (2) cannabis mezzobusiness;
new text end
new text begin (3) cannabis cultivator;
new text end
new text begin (4) cannabis manufacturer;
new text end
new text begin (5) cannabis retailer;
new text end
new text begin (6) cannabis wholesaler;
new text end
new text begin (7) cannabis transporter;
new text end
new text begin (8) cannabis testing facility;
new text end
new text begin (9) cannabis event organizer;
new text end
new text begin (10) cannabis delivery service;
new text end
new text begin (11) lower-potency hemp edible manufacturer;
new text end
new text begin (12) lower-potency hemp edible retailer;
new text end
new text begin (13) medical cannabis cultivator;
new text end
new text begin (14) medical cannabis processor;
new text end
new text begin (15) medical cannabis retailer; or
new text end
new text begin (16) medical cannabis combination business.
new text end
new text begin "Local unit of government" means a home rule
charter or statutory city, county, town, or other political subdivision.
new text end
new text begin "Lower-potency hemp edible" means any
product that:
new text end
new text begin (1) is intended to be eaten or consumed as a beverage by humans;
new text end
new text begin (2) contains hemp concentrate or an artificially derived cannabinoid, in combination
with food ingredients;
new text end
new text begin (3) is not a drug;
new text end
new text begin (4) consists of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any
combination of those cannabinoids that does not exceed the identified amounts;
new text end
new text begin (5) does not contain more than a combined total of 0.5 milligrams of all other
cannabinoids per serving;
new text end
new text begin (6) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol;
new text end
new text begin (7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and
new text end
new text begin (8) 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.
new text end
new text begin "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.
new text end
new text begin (a) "Medical cannabinoid product" means a
product that:
new text end
new text begin (1) consists of or contains cannabis concentrate or hemp concentrate or is infused with
cannabinoids, including but not limited to artificially derived cannabinoids; and
new text end
new text begin (2) is 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.
new text end
new text begin (b) A medical cannabinoid product must be in the form of:
new text end
new text begin (1) liquid, including but not limited to oil;
new text end
new text begin (2) pill;
new text end
new text begin (3) liquid or oil for use with a vaporized delivery method;
new text end
new text begin (4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;
new text end
new text begin (5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and
sublingual tablets;
new text end
new text begin (6) edible products in the form of gummies and chews;
new text end
new text begin (7) topical formulation; or
new text end
new text begin (8) any allowable form or delivery method approved by the office.
new text end
new text begin (c) Medical cannabinoid product does not include adult-use cannabis products or
hemp-derived consumer products.
new text end
new text begin "Medical cannabis business" means an entity
licensed under this chapter to engage in one or more of the following:
new text end
new text begin (1) the cultivation of cannabis plants for medical cannabis flower;
new text end
new text begin (2) the manufacture of medical cannabinoid products; and
new text end
new text begin (3) the retail sale of medical cannabis flower and medical cannabinoid products.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "Office" means the Office of Cannabis Management.
new text end
new text begin "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 342.64, subdivision 2, paragraph
(b), but that are placed or located on the exterior property of a cannabis business.
new text end
new text begin "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.
new text end
new text begin "Patient registry number" means a unique
identification number assigned by the Division of Medical Cannabis to a patient enrolled
in the registry program.
new text end
new text begin "Plant canopy" means the surface area within a cultivation
facility that is used at any time to cultivate mature, flowering cannabis plants. For multiple
tier cultivation, each tier of cultivation surface area contributes to the total plant canopy
calculation. Calculation of the area of the plant canopy does not include the surface area
within the cultivation facility that is used to cultivate immature cannabis plants and seedlings.
new text end
new text begin "Propagule" means seeds, clones, transplants, and any other
propagative industrial hemp material.
new text end
new text begin "Qualifying medical condition" means a
diagnosis of any of the following conditions:
new text end
new text begin (1) Alzheimer's disease;
new text end
new text begin (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;
new text end
new text begin (3) cancer, if the underlying condition or treatment produces one or more of the following:
new text end
new text begin (i) severe or chronic pain;
new text end
new text begin (ii) nausea or severe vomiting; or
new text end
new text begin (iii) cachexia or severe wasting;
new text end
new text begin (4) chronic motor or vocal tic disorder;
new text end
new text begin (5) chronic pain;
new text end
new text begin (6) glaucoma;
new text end
new text begin (7) human immunodeficiency virus or acquired immune deficiency syndrome;
new text end
new text begin (8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c);
new text end
new text begin (9) obstructive sleep apnea;
new text end
new text begin (10) post-traumatic stress disorder;
new text end
new text begin (11) Tourette's syndrome;
new text end
new text begin (12) amyotrophic lateral sclerosis;
new text end
new text begin (13) seizures, including those characteristic of epilepsy;
new text end
new text begin (14) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;
new text end
new text begin (15) inflammatory bowel disease, including Crohn's disease;
new text end
new text begin (16) irritable bowel syndrome;
new text end
new text begin (17) obsessive-compulsive disorder;
new text end
new text begin (18) sickle cell disease;
new text end
new text begin (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:
new text end
new text begin (i) severe or chronic pain;
new text end
new text begin (ii) nausea or severe vomiting; or
new text end
new text begin (iii) cachexia or severe wasting; or
new text end
new text begin (20) any other medical condition or its treatment approved by the office.
new text end
new text begin "Registered designated caregiver" means
an individual who:
new text end
new text begin (1) is at least 18 years old;
new text end
new text begin (2) is not disqualified for a criminal offense according to rules adopted pursuant to
section 342.15, subdivision 2;
new text end
new text begin (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
new text end
new text begin (4) is authorized by the Division of Medical Cannabis to assist a patient with the use of
medical cannabis flower and medical cannabinoid products.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin "Restricted area" means an area where cannabis flower or
cannabis products are cultivated, manufactured, or stored by a cannabis business.
new text end
new text begin "Statewide monitoring system" means the
system for integrated cannabis tracking, inventory, and verification established or adopted
by the office.
new text end
new text begin "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.
new text end
new text begin "Veteran" means an individual who satisfies the requirements in
section 197.447.
new text end
new text begin "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.
new text end
new text begin "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.
new text end
new text begin 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 and hemp consumer industry, the office
must:
new text end
new text begin (1) promote the public health and welfare;
new text end
new text begin (2) protect public safety;
new text end
new text begin (3) eliminate the illicit market for cannabis flower and cannabis products;
new text end
new text begin (4) meet the market demand for cannabis flower and cannabis products;
new text end
new text begin (5) promote a craft industry for cannabis flower and cannabis products; and
new text end
new text begin (6) prioritize growth and recovery in communities that have experienced a
disproportionate, negative impact from cannabis prohibition.
new text end
new text begin (a) The office has the following powers and duties:
new text end
new text begin (1) to develop, maintain, and enforce an organized system of regulation for the cannabis
industry and hemp consumer industry;
new text end
new text begin (2) to establish programming, services, and notification to protect, maintain, and improve
the health of citizens;
new text end
new text begin (3) to prevent unauthorized access to cannabis flower, cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products by individuals under 21 years of age;
new text end
new text begin (4) to establish and regularly update standards for product manufacturing testing,
packaging, and labeling, including requirements for an expiration, sell-by, or best-used-by
date;
new text end
new text begin (5) to promote economic growth with an emphasis on growth in areas that experienced
a disproportionate, negative impact from cannabis prohibition;
new text end
new text begin (6) to issue and renew licenses;
new text end
new text begin (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;
new text end
new text begin (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;
new text end
new text begin (9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations
pursuant to the office's authority;
new text end
new text begin (10) to impose and collect civil and administrative penalties as provided in this chapter;
new text end
new text begin (11) to publish such information as may be deemed necessary for the welfare of cannabis
businesses, cannabis workers, hemp businesses, and hemp workers and the health and safety
of citizens;
new text end
new text begin (12) to make loans and grants in aid to the extent that appropriations are made available
for that purpose;
new text end
new text begin (13) to authorize research and studies on cannabis flower, cannabis products, artificially
derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, the
cannabis industry, and the hemp consumer industry;
new text end
new text begin (14) to provide reports as required by law;
new text end
new text begin (15) to develop a warning label regarding the effects of the use of cannabis flower and
cannabis products by persons 25 years of age or younger;
new text end
new text begin (16) to determine, based on a review of medical and scientific literature, whether it is
appropriate to require additional health and safety warnings containing information that is
both supported by credible science and helpful to consumers in considering potential health
risks from the use of cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products, including but not limited to warnings regarding any risks
associated with use by pregnant or breastfeeding individuals, or by individuals planning to
become pregnant, and the effects that use has on brain development for individuals under
the age of 25;
new text end
new text begin (17) to establish limits on the potency of cannabis flower and cannabis products that can
be sold to customers by licensed cannabis retailers, licensed cannabis microbusinesses, and
licensed cannabis mezzobusinesses with an endorsement to sell cannabis flower and cannabis
products to customers;
new text end
new text begin (18) to establish rules authorizing an increase in plant canopy limits and outdoor
cultivation limits to meet market demand and limiting cannabis manufacturing consistent
with the goals identified in subdivision 1; and
new text end
new text begin (19) to exercise other powers and authority and perform other duties required by law.
new text end
new text begin (b) In addition to the powers and duties in paragraph (a), the office has the following
powers and duties until January 1, 2027:
new text end
new text begin (1) to establish limits on the potency of adult-use cannabis flower and adult-use cannabis
products that can be sold to customers by licensed cannabis retailers, licensed cannabis
microbusinesses, and licensed cannabis mezzobusinesses with an endorsement to sell
adult-use cannabis flower and adult-use cannabis products to customers; and
new text end
new text begin (2) to permit, upon application to the office in the form prescribed by the director of the
office, a licensee under this chapter to perform any activity if such permission is substantially
necessary for the licensee to perform any other activity permitted by the applicant's license
and is not otherwise prohibited by law.
new text end
new text begin (a) 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.
new text end
new text begin (b) The following protections shall apply to employees who are transferred from the
Department of Health to the Office of Cannabis Management:
new text end
new text begin (1) the employment status and job classification of a transferred employee shall not be
altered as a result of the transfer;
new text end
new text begin (2) transferred employees who were represented by an exclusive representative prior to
the transfer shall continue to be represented by the same exclusive representative after the
transfer;
new text end
new text begin (3) the applicable collective bargaining agreements with exclusive representatives shall
continue in full force and effect for such transferred employees after the transfer;
new text end
new text begin (4) the state must meet and negotiate with the exclusive representatives of the transferred
employees about any proposed changes affecting or relating to the transferred employees'
terms and conditions of employment to the extent such changes are not addressed in the
applicable collective bargaining agreement; and
new text end
new text begin (5) for an employee in a temporary unclassified position transferred to the Office of
Cannabis Management, the total length of time that the employee has served in the
appointment shall include all time served in the appointment and the transferring agency
and the time served in the appointment at the Office of Cannabis Management. An employee
in a temporary unclassified position who was hired by a transferring agency through an
open competitive selection process in accordance with a policy enacted by Minnesota
Management and Budget shall be considered to have been hired through such process after
the transfer.
new text end
new text begin (a) The office and the commissioner of agriculture
shall enter into interagency agreements to ensure that edible cannabis products and
lower-potency hemp edibles 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.
new text end
new text begin (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.
new text end
new text begin 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.
new text end
new text begin (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.
new text end
new text begin (b) The salary of the director must not exceed the salary limit established under section
15A.0815, subdivision 3.
new text end
new text begin (a) The office may employ other personnel in the classified service
necessary to carry out the duties in this chapter.
new text end
new text begin (b) Upon request by the office, 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 prospective
employee. The bureau may exchange a prospective employee's fingerprints with the Federal
Bureau of Investigation to obtain the prospective employee'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 prospective employee is disqualified under
rules adopted pursuant to section 342.15.
new text end
new text begin The office must establish a Division of Social Equity.
At a minimum, the division must:
new text end
new text begin (1) engage with the community and administer grants to communities that experienced
a disproportionate, negative impact from cannabis prohibition and usage in order to promote
economic development, improve social determinants of health, provide services to prevent
violence, support early intervention programs for youth and families, and promote community
stability and safety;
new text end
new text begin (2) act as an ombudsperson for the office to provide information, investigate complaints
under this chapter, and provide or facilitate dispute resolutions; and
new text end
new text begin (3) report to the office on the status of complaints and social equity in the cannabis
industry.
new text end
new text begin This section is effective July 1, 2023, except for subdivision 3,
which is effective March 1, 2025.
new text end
new text begin The Cannabis Advisory Council is created consisting of
the following members:
new text end
new text begin (1) the director of the Office of Cannabis Management or a designee;
new text end
new text begin (2) the commissioner of employment and economic development or a designee;
new text end
new text begin (3) the commissioner of revenue or a designee;
new text end
new text begin (4) the commissioner of health or a designee;
new text end
new text begin (5) the commissioner of human services or a designee;
new text end
new text begin (6) the commissioner of public safety or a designee;
new text end
new text begin (7) the commissioner of human rights or a designee;
new text end
new text begin (8) the commissioner of labor or a designee;
new text end
new text begin (9) the commissioner of agriculture or a designee;
new text end
new text begin (10) the commissioner of the Pollution Control Agency or a designee;
new text end
new text begin (11) the superintendent of the Bureau of Criminal Apprehension or a designee;
new text end
new text begin (12) the colonel of the State Patrol or a designee;
new text end
new text begin (13) the director of the Office of Traffic Safety in the Department of Public Safety or a
designee;
new text end
new text begin (14) a representative from the League of Minnesota Cities appointed by the league;
new text end
new text begin (15) a representative from the Association of Minnesota Counties appointed by the
association;
new text end
new text begin (16) an expert in minority business development appointed by the governor;
new text end
new text begin (17) an expert in economic development strategies for under-resourced communities
appointed by the governor;
new text end
new text begin (18) an expert in farming or representing the interests of farmers appointed by the
governor;
new text end
new text begin (19) an expert representing the interests of cannabis workers appointed by the governor;
new text end
new text begin (20) an expert representing the interests of employers appointed by the governor;
new text end
new text begin (21) an expert in municipal law enforcement with advanced training in impairment
detection and evaluation appointed by the governor;
new text end
new text begin (22) an expert in social welfare or social justice appointed by the governor;
new text end
new text begin (23) an expert in criminal justice reform to mitigate the disproportionate impact of drug
prosecutions on communities of color appointed by the governor;
new text end
new text begin (24) an expert in prevention, treatment, and recovery related to substance use disorders
appointed by the governor;
new text end
new text begin (25) an expert in minority business ownership appointed by the governor;
new text end
new text begin (26) an expert in women-owned businesses appointed by the governor;
new text end
new text begin (27) an expert in cannabis retailing appointed by the governor;
new text end
new text begin (28) an expert in cannabis product manufacturing appointed by the governor;
new text end
new text begin (29) an expert in laboratory sciences and toxicology appointed by the governor;
new text end
new text begin (30) an expert in providing legal services to cannabis businesses appointed by the
governor;
new text end
new text begin (31) an expert in cannabis cultivation appointed by the governor;
new text end
new text begin (32) an expert in pediatric medicine appointed by the governor;
new text end
new text begin (33) an expert in adult medicine appointed by the governor;
new text end
new text begin (34) three patient advocates, one who is a patient enrolled in the medical cannabis
program; one who is a parent or caregiver of a patient 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;
new text end
new text begin (35) two licensed mental health professionals appointed by the governor;
new text end
new text begin (36) a veteran appointed by the governor;
new text end
new text begin (37) one member of each of the following federally recognized Tribes, designated by
the elected Tribal president or chairperson of the governing bodies of:
new text end
new text begin (i) the Fond du Lac Band;
new text end
new text begin (ii) the Grand Portage Band;
new text end
new text begin (iii) the Mille Lacs Band;
new text end
new text begin (iv) the White Earth Band;
new text end
new text begin (v) the Bois Forte Band;
new text end
new text begin (vi) the Leech Lake Band;
new text end
new text begin (vii) the Red Lake Nation;
new text end
new text begin (viii) the Upper Sioux Community;
new text end
new text begin (ix) the Lower Sioux Indian Community;
new text end
new text begin (x) the Shakopee Mdewakanton Sioux Community; and
new text end
new text begin (xi) the Prairie Island Indian Community; and
new text end
new text begin (38) a representative from the Local Public Health Association of Minnesota appointed
by the association.
new text end
new text begin The membership terms,
compensation, removal of members appointed by the governor, and filling of vacancies of
members are provided in section 15.059. Notwithstanding section 15.059, subdivision 6,
the advisory council shall not expire.
new text end
new text begin (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.
new text end
new text begin (b) The advisory council shall meet quarterly or upon the call of the chair.
new text end
new text begin (c) Meetings of the advisory council are subject to chapter 13D.
new text end
new text begin (a) The duties of the advisory council shall include:
new text end
new text begin (1) reviewing national cannabis policy;
new text end
new text begin (2) examining the effectiveness of state cannabis policy;
new text end
new text begin (3) reviewing developments in the cannabis industry and hemp consumer industry;
new text end
new text begin (4) reviewing developments in the study of cannabis flower, cannabis products, artificially
derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products;
new text end
new text begin (5) taking public testimony; and
new text end
new text begin (6) making recommendations to the Office of Cannabis Management.
new text end
new text begin (b) At its discretion, the advisory council may examine other related issues consistent
with this section.
new text end
new text begin (a) The office shall conduct a study to determine the expected size and growth of the
regulated cannabis industry and hemp consumer industry, including an estimate of the
demand for cannabis flower and cannabis products, the number and geographic distribution
of cannabis businesses needed to meet that demand, and the anticipated business from
residents of other states.
new text end
new text begin (b) The office shall conduct a study to determine the size of the illicit cannabis market,
the sources of illicit cannabis flower and illicit cannabis 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.
new text end
new text begin (c) The office shall conduct a study on impaired driving to determine:
new text end
new text begin (1) the number of accidents involving one or more drivers who admitted to using cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products,
or who tested positive for cannabis or tetrahydrocannabinol;
new text end
new text begin (2) the number of arrests of individuals for impaired driving in which the individual
tested positive for cannabis or tetrahydrocannabinol; and
new text end
new text begin (3) the number of convictions for driving under the influence of cannabis flower, cannabis
products, lower-potency hemp edibles, hemp-derived consumer products, or
tetrahydrocannabinol.
new text end
new text begin (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.
new text end
new text begin (e) The office shall collect existing data from the Department of Human Services,
Department of Health, Minnesota state courts, and hospitals licensed under chapter 144 on
the utilization of mental health and substance use disorder services, emergency room visits,
and commitments to identify any increase in the services provided or any increase in the
number of visits or commitments. The office shall also obtain summary data from existing
first episode psychosis programs on the number of persons served by the programs and
number of persons on the waiting list. All information collected by the office under this
paragraph shall be included in the report required under paragraph (f).
new text end
new text begin (f) The office shall conduct an annual market analysis on the status of the regulated
cannabis industry and submit a report of the findings. The office shall submit the report by
January 15, 2025, and each January 15 thereafter and the report may be combined with the
annual report submitted by the office. The process of completing the market analysis must
include holding public meetings to solicit the input of consumers, market stakeholders, and
potential new applicants and must include an assessment as to whether the office has issued
the necessary number of licenses in order to:
new text end
new text begin (1) ensure the sufficient supply of cannabis flower and cannabis products to meet demand;
new text end
new text begin (2) provide market stability;
new text end
new text begin (3) ensure a competitive market; and
new text end
new text begin (4) limit the sale of unregulated cannabis flower and cannabis products.
new text end
new text begin (g) 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:
new text end
new text begin (1) the status of the regulated cannabis industry;
new text end
new text begin (2) the status of the illicit cannabis market and hemp consumer industry;
new text end
new text begin (3) the number of accidents, arrests, and convictions involving drivers who admitted to
using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products or who tested positive for cannabis or tetrahydrocannabinol;
new text end
new text begin (4) the change in potency, if any, of cannabis flower and cannabis products available
through the regulated market;
new text end
new text begin (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;
new text end
new text begin (6) the status of racial and geographic diversity in the cannabis industry;
new text end
new text begin (7) proposed legislative changes, including but not limited to recommendations to
streamline licensing systems and related administrative processes;
new text end
new text begin (8) information on the adverse effects of second-hand smoke from any cannabis flower,
cannabis products, and hemp-derived consumer products that are consumed by the
combustion or vaporization of the product and the inhalation of smoke, aerosol, or vapor
from the product; and
new text end
new text begin (9) recommendations for the levels of funding for:
new text end
new text begin (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, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products by individuals under 21 years of age;
new text end
new text begin (ii) a coordinated education program to educate pregnant individuals, breastfeeding
individuals, and individuals who may become pregnant on the adverse health effects of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products;
new text end
new text begin (iii) training, technical assistance, and educational materials for home visiting programs,
Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products in homes with infants and young children;
new text end
new text begin (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, cannabis products,
lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or
controlled substances;
new text end
new text begin (v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow
programs;
new text end
new text begin (vi) grants to organizations for community development in social equity communities
through the CanRenew program;
new text end
new text begin (vii) training of peace officers and law enforcement agencies on changes to laws involving
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products and the law's impact on searches and seizures;
new text end
new text begin (viii) training of peace officers to increase the number of drug recognition experts;
new text end
new text begin (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;
new text end
new text begin (x) the retirement and replacement of drug detection canines; and
new text end
new text begin (xi) the Department of Human Services and county social service agencies to address
any increase in demand for services.
new text end
new text begin (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
new text begin 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, and cannabis products from seed,
immature plant, or creation until disposal or sale to a patient or customer.
new text end
new text begin 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.
new text end
new text begin (a) For the purposes of this section, "product category" means a type of product that
may be sold in different sizes, distinct packaging, or at various prices but is still created
using the same manufacturing or agricultural processes. A new or additional stock keeping
unit (SKU) or Universal Product Code (UPC) shall not prevent a product from being
considered the same type as another unit. All other terms have the meanings provided in
section 342.01.
new text end
new text begin (b) The office shall approve product categories of cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for retail sale.
new text end
new text begin (c) The office may establish limits on the total THC of cannabis flower, cannabis products,
and hemp-derived consumer products. As used in this paragraph, "total THC" means the
sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus
the percentage by weight of all tetrahydrocannabinols.
new text end
new text begin (d) The office shall not approve any cannabis product, lower-potency hemp edible, or
hemp-derived consumer product that:
new text end
new text begin (1) is or appears to be a lollipop or ice cream;
new text end
new text begin (2) bears the likeness or contains characteristics of a real or fictional person, animal, or
fruit;
new text end
new text begin (3) is modeled after a type or brand of products primarily consumed by or marketed to
children;
new text end
new text begin (4) is substantively similar to a meat food product; poultry food product as defined in
section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision
7;
new text end
new text begin (5) contains a synthetic cannabinoid;
new text end
new text begin (6) is made by applying a cannabinoid, including but not limited to an artificially derived
cannabinoid, to a finished food product that does not contain cannabinoids and is sold to
consumers, including but not limited to a candy or snack food; or
new text end
new text begin (7) if the product is an edible cannabis product or lower-potency hemp edible, contains
an ingredient, other than a cannabinoid, that is not approved by the United States Food and
Drug Administration for use in food.
new text end
new text begin (e) The office must not approve any cannabis flower, cannabis product, or hemp-derived
consumer product that:
new text end
new text begin (1) is intended to be consumed by combustion or vaporization of the product and
inhalation of smoke, aerosol, or vapor from the product; and
new text end
new text begin (2) imparts a taste or odor, other than the taste or odor of cannabis flower, that is
distinguishable by an ordinary person before or during the consumption of the product.
new text end
new text begin (f) The office may adopt rules to limit or prohibit ingredients in or additives to cannabis
flower, cannabis products, or hemp-derived consumer products to ensure compliance with
the limitations in paragraph (e).
new text end
new text begin 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.
new text end
new text begin In consultation with the commissioner of
agriculture and representatives from the University of Minnesota Extension Service, the
office shall establish best practices for:
new text end
new text begin (1) the cultivation and preparation of cannabis plants; and
new text end
new text begin (2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation
to growing cannabis plants.
new text end
new text begin (a) Any person seeking
to manufacture, process, sell, handle, or store an edible cannabis product or lower-potency
hemp edible, other than an edible cannabis product or lower-potency hemp edible that has
been placed in its final packaging, must first obtain an edible cannabinoid product handler
endorsement.
new text end
new text begin (b) In consultation with the commissioner of agriculture, the office shall establish an
edible cannabinoid product handler endorsement.
new text end
new text begin (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:
new text end
new text begin (1) the office must issue an edible cannabinoid product handler endorsement, rather than
a license;
new text end
new text begin (2) eligibility for an edible cannabinoid product handler endorsement is limited to persons
who possess a valid license issued by the office;
new text end
new text begin (3) the office may not charge a fee for issuing or renewing the endorsement;
new text end
new text begin (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
new text end
new text begin (5) an edible cannabis product or lower-potency hemp edible must not be considered
adulterated solely because the product or edible contains tetrahydrocannabinol, cannabis
concentrate, hemp concentrate, artificially derived cannabinoids, or any other material
extracted or derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant
parts.
new text end
new text begin (d) The edible cannabinoid product handler endorsement must prohibit the manufacture
of edible cannabis 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. This limitation does not apply to the manufacture of lower-potency hemp edibles.
new text end
new text begin In consultation with the commissioner of the Pollution
Control Agency, the office by rule must establish appropriate water standards for cannabis
businesses.
new text end
new text begin In consultation with the commissioner of commerce, the office
by rule must establish appropriate energy standards for cannabis businesses.
new text end
new text begin In consultation with the commissioner of the Pollution Control
Agency, the office by rule must establish appropriate solid waste standards for the disposal
of:
new text end
new text begin (1) cannabis flower and cannabis products;
new text end
new text begin (2) packaging;
new text end
new text begin (3) recyclable materials, including minimum requirements for the use of recyclable
materials; and
new text end
new text begin (4) other solid waste.
new text end
new text begin The office by rule must establish appropriate standards and requirements
to limit odors produced by cannabis businesses.
new text end
new text begin A cannabis business must comply
with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to
4.
new text end
new text begin (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.
new text end
new text begin (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.
new text end
new text begin (a) An individual 21 years of age or older may:
new text end
new text begin (1) use, possess, or transport cannabis paraphernalia;
new text end
new text begin (2) possess or transport two ounces or less of adult-use cannabis flower in a public place;
new text end
new text begin (3) possess two pounds or less of adult-use cannabis flower in the individual's private
residence;
new text end
new text begin (4) possess or transport eight grams or less of adult-use cannabis concentrate;
new text end
new text begin (5) possess or transport edible cannabis products or lower-potency hemp edibles infused
with a combined total of 800 milligrams or less of tetrahydrocannabinol;
new text end
new text begin (6) give for no remuneration to an individual who is at least 21 years of age:
new text end
new text begin (i) two ounces or less of adult-use cannabis flower;
new text end
new text begin (ii) eight grams or less of adult-use cannabis concentrate; or
new text end
new text begin (iii) an edible cannabis product or lower-potency hemp edible infused with 800 milligrams
or less of tetrahydrocannabinol; and
new text end
new text begin (7) use adult-use cannabis flower and adult-use cannabis products in the following
locations:
new text end
new text begin (i) a private residence, including the individual's curtilage or yard;
new text end
new text begin (ii) on private property, not generally accessible by the public, unless the individual is
explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products on the property by the owner of the
property; or
new text end
new text begin (iii) on the premises of an establishment or event licensed to permit on-site consumption.
new text end
new text begin (b) Except as provided in paragraph (c), an individual may not:
new text end
new text begin (1) use, possess, or transport cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products if the individual is under 21 years of age;
new text end
new text begin (2) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in a motor vehicle as defined in section 169A.03, subdivision 15;
new text end
new text begin (3) use cannabis flower, cannabis products, or hemp-derived consumer products in a
manner that involves the inhalation of smoke, aerosol, or vapor at any location where
smoking is prohibited under section 144.414;
new text end
new text begin (4) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer 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;
new text end
new text begin (5) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products in a state correctional facility;
new text end
new text begin (6) operate a motor vehicle while under the influence of cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products;
new text end
new text begin (7) give for no remuneration cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products to an individual under 21 years of age;
new text end
new text begin (8) give for no remuneration cannabis flower or cannabis products as a sample or
promotional gift if the giver is in the business of selling goods or services; or
new text end
new text begin (9) vaporize or smoke cannabis flower, cannabis products, artificially derived
cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol,
or vapor would be inhaled by a minor.
new text end
new text begin (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.
new text end
new text begin (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, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer 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. Cannabis flower or cannabis
products must be inaccessible to children and stored away from food products.
new text end
new text begin 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.
new text end
new text begin No person may use a volatile solvent to separate or extract cannabis concentrate
or hemp concentrate without a cannabis microbusiness, cannabis mezzobusiness, cannabis
manufacturer, medical cannabis processor, or lower-potency hemp edible manufacturer
license issued under this chapter.
new text end
new text begin No person may sell cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
without a license issued under this chapter that authorizes the sale.
new text end
new text begin No person may import lower-potency
hemp edibles or hemp-derived consumer products that are manufactured outside the
boundaries of the state of Minnesota with the intent to sell the edibles or products to
consumers within the state or to any other person or business that intends to sell the edibles
or products to consumers within the state without a license issued under this chapter that
authorizes the importation of such edibles or products. This subdivision does not apply to
edibles or products lawfully purchased for personal use.
new text end
new text begin (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.
new text end
new text begin (b) The office may assess the following civil penalties on a person who sells cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
without a license issued under this chapter that authorizes the sale:
new text end
new text begin (1) if the person sells up to two ounces of cannabis flower, up to $3,000 or three times
the retail market value of the cannabis flower, whichever is greater;
new text end
new text begin (2) if the person sells more than two ounces but not more than eight ounces of cannabis
flower, up to $10,000 or three times the retail market value of the cannabis flower, whichever
is greater;
new text end
new text begin (3) if the person sells more than eight ounces but not more than one pound of cannabis
flower, up to $25,000 or three times the retail market value of the cannabis flower, whichever
is greater;
new text end
new text begin (4) if the person sells more than one pound but not more than five pounds of cannabis
flower, up to $50,000 or three times the retail market value of the cannabis flower, whichever
is greater;
new text end
new text begin (5) if the person sells more than five pounds but not more than 25 pounds of cannabis
flower, up to $100,000 or three times the retail market value of the cannabis flower,
whichever is greater;
new text end
new text begin (6) if the person sells more than 25 pounds but not more than 50 pounds of cannabis
flower, up to $250,000 or three times the retail market value of the cannabis flower,
whichever is greater; and
new text end
new text begin (7) if the person sells more than 50 pounds of cannabis flower, up to $1,000,000 or three
times the retail market value of the cannabis flower, whichever is greater.
new text end
new text begin (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:
new text end
new text begin (1) if the person sells up to eight grams of cannabis concentrate, up to $3,000 or three
times the retail market value of the cannabis concentrate, whichever is greater;
new text end
new text begin (2) if the person sells more than eight grams but not more than 40 grams of cannabis
concentrate, up to $10,000 or three times the retail market value of the cannabis concentrate,
whichever is greater;
new text end
new text begin (3) if the person sells more than 40 grams but not more than 80 grams of cannabis
concentrate, up to $25,000 or three times the retail market value of the cannabis concentrate,
whichever is greater;
new text end
new text begin (4) if the person sells more than 80 grams but not more than 400 grams of cannabis
concentrate, up to $50,000 or three times the retail market value of the cannabis concentrate,
whichever is greater;
new text end
new text begin (5) if the person sells more than 400 grams but not more than two kilograms of cannabis
concentrate, up to $100,000 or three times the retail market value of the cannabis concentrate,
whichever is greater;
new text end
new text begin (6) if the person sells more than two kilograms but not more than four kilograms of
cannabis concentrate, up to $250,000 or three times the retail market value of the cannabis
concentrate, whichever is greater; and
new text end
new text begin (7) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000
or three times the retail market value of the cannabis concentrate, whichever is greater.
new text end
new text begin (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:
new text end
new text begin (1) if the person imports or sells products infused with up to 800 milligrams of
tetrahydrocannabinol, up to $3,000 or three times the retail market value of the infused
product, whichever is greater;
new text end
new text begin (2) 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 $10,000 or three times the
retail market value of the infused product, whichever is greater;
new text end
new text begin (3) 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 $25,000 or three times the
retail market value of the infused product, whichever is greater;
new text end
new text begin (4) 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 $50,000 or three times the retail
market value of the infused product, whichever is greater;
new text end
new text begin (5) 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 or three times the
retail market value of the infused product, whichever is greater;
new text end
new text begin (6) 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 or three times the
retail market value of the infused product, whichever is greater; and
new text end
new text begin (7) if the person imports or sells products infused with a total of more than 400 grams
of tetrahydrocannabinol, up to $1,000,000 or three times the retail market value of the
infused product, whichever is greater.
new text end
new text begin (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.
new text end
new text begin The office shall issue the following types of license:
new text end
new text begin (1) cannabis microbusiness;
new text end
new text begin (2) cannabis mezzobusiness;
new text end
new text begin (3) cannabis cultivator;
new text end
new text begin (4) cannabis manufacturer;
new text end
new text begin (5) cannabis retailer;
new text end
new text begin (6) cannabis wholesaler;
new text end
new text begin (7) cannabis transporter;
new text end
new text begin (8) cannabis testing facility;
new text end
new text begin (9) cannabis event organizer;
new text end
new text begin (10) cannabis delivery service;
new text end
new text begin (11) lower-potency hemp edible manufacturer;
new text end
new text begin (12) lower-potency hemp edible retailer;
new text end
new text begin (13) medical cannabis cultivator;
new text end
new text begin (14) medical cannabis processor;
new text end
new text begin (15) medical cannabis retailer; or
new text end
new text begin (16) medical cannabis combination business.
new text end
new text begin (a) The office shall require the payment of application fees, initial licensing fees, and
renewal licensing fees as provided in this section. The initial license fee shall include the
fee for initial issuance of the license and the first annual renewal. The renewal fee shall be
charged at the time of the second renewal and each subsequent annual renewal thereafter.
Nothing in this section prohibits a local unit of government from charging the retailer
registration fee established in section 342.22. Application fees, initial licensing fees, and
renewal licensing fees are nonrefundable.
new text end
new text begin (b) Application and licensing fees shall be as follows:
new text end
new text begin (1) for a cannabis microbusiness:
new text end
new text begin (i) an application fee of $500;
new text end
new text begin (ii) an initial license fee of $0; and
new text end
new text begin (iii) a renewal license fee of $2,000;
new text end
new text begin (2) for a cannabis mezzobusiness:
new text end
new text begin (i) an application fee of $5,000;
new text end
new text begin (ii) an initial license fee of $5,000; and
new text end
new text begin (iii) a renewal license fee of $10,000;
new text end
new text begin (3) for a cannabis cultivator:
new text end
new text begin (i) an application fee of $10,000;
new text end
new text begin (ii) an initial license fee of $20,000; and
new text end
new text begin (iii) a renewal license fee of $30,000;
new text end
new text begin (4) for a cannabis manufacturer:
new text end
new text begin (i) an application fee of $10,000;
new text end
new text begin (ii) an initial license fee of $10,000; and
new text end
new text begin (iii) a renewal license fee of $20,000;
new text end
new text begin (5) for a cannabis retailer:
new text end
new text begin (i) an application fee of $2,500;
new text end
new text begin (ii) an initial license fee of $2,500; and
new text end
new text begin (iii) a renewal license fee of $5,000;
new text end
new text begin (6) for a cannabis wholesaler:
new text end
new text begin (i) an application fee of $5,000;
new text end
new text begin (ii) an initial license fee of $5,000; and
new text end
new text begin (iii) a renewal license fee of $10,000;
new text end
new text begin (7) for a cannabis transporter:
new text end
new text begin (i) an application fee of $250;
new text end
new text begin (ii) an initial license fee of $500; and
new text end
new text begin (iii) a renewal license fee of $1,000;
new text end
new text begin (8) for a cannabis testing facility:
new text end
new text begin (i) an application fee of $5,000;
new text end
new text begin (ii) an initial license fee of $5,000; and
new text end
new text begin (iii) a renewal license fee of $10,000;
new text end
new text begin (9) for a cannabis delivery service:
new text end
new text begin (i) an application fee of $250;
new text end
new text begin (ii) an initial license fee of $500; and
new text end
new text begin (iii) a renewal license fee of $1,000;
new text end
new text begin (10) for a cannabis event organizer:
new text end
new text begin (i) an application fee of $750; and
new text end
new text begin (ii) an initial license fee of $750;
new text end
new text begin (11) for a lower-potency hemp edible manufacturer:
new text end
new text begin (i) an application fee of $250;
new text end
new text begin (ii) an initial license fee of $1,000; and
new text end
new text begin (iii) a renewal license fee of $1,000;
new text end
new text begin (12) for a lower-potency hemp edible retailer:
new text end
new text begin (i) an application fee of $250 per retail location;
new text end
new text begin (ii) an initial license fee of $250 per retail location; and
new text end
new text begin (iii) a renewal license fee of $250 per retail location;
new text end
new text begin (13) for a medical cannabis cultivator:
new text end
new text begin (i) an application fee of $250;
new text end
new text begin (ii) an initial license fee of $0; and
new text end
new text begin (iii) a renewal license fee of $0;
new text end
new text begin (14) for a medical cannabis processor:
new text end
new text begin (i) an application fee of $250;
new text end
new text begin (ii) an initial license fee of $0; and
new text end
new text begin (iii) a renewal license fee of $0;
new text end
new text begin (15) for a medical cannabis retailer:
new text end
new text begin (i) an application fee of $250;
new text end
new text begin (ii) an initial license fee of $0; and
new text end
new text begin (iii) a renewal license fee of $0; and
new text end
new text begin (16) for a medical cannabis combination business:
new text end
new text begin (i) an application fee of $10,000;
new text end
new text begin (ii) an initial license fee of $20,000; and
new text end
new text begin (iii) a renewal license fee of $70,000.
new text end
new text begin (a) Licenses issued under this chapter may be freely transferred subject to the prior
written approval of the office, which approval may be given or withheld in the office's sole
discretion, provided that a social equity applicant may only transfer the applicant's license
to another social equity applicant. A new license must be obtained when:
new text end
new text begin (1) the form of the licensee's legal business structure converts or changes to a different
type of legal business structure; or
new text end
new text begin (2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency,
or receivership proceedings; merges with another legal organization; or assigns all or
substantially all of its assets for the benefit of creditors.
new text end
new text begin (b) Transfers between social equity applicants must be reviewed by the Division of
Social Equity.
new text end
new text begin (c) Licenses must be renewed annually.
new text end
new text begin (d) 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.
new text end
new text begin (e) 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.
new text end
new text begin (a) A local unit of government may not prohibit the possession, transportation, or use
of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products authorized under this chapter.
new text end
new text begin (b) Except as provided in section 342.22, a local unit of government may not prohibit
the establishment or operation of a cannabis business licensed under this chapter.
new text end
new text begin (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, or 500 feet of a
day care, residential treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
new text end
new text begin (d) The office shall work with local units of government to:
new text end
new text begin (1) develop model ordinances for reasonable restrictions on the time, place, and manner
of the operation of a cannabis business;
new text end
new text begin (2) develop standardized forms and procedures for the issuance of a retail registration
pursuant to section 342.22; and
new text end
new text begin (3) develop model policies and procedures for the performance of compliance checks
required under section 342.22.
new text end
new text begin (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.
new text end
new text begin (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. The office may not issue a
license if a cannabis business does not meet local zoning and land use laws.
new text end
new text begin (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.
new text end
new text begin (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 paragraph prohibits a local unit of government from enforcing a
local ordinance. If a local unit of government notifies the office that a cannabis business
other than a cannabis retailer, cannabis microbusiness with a retail operations endorsement,
cannabis mezzobusiness, lower-potency hemp edible retailer, medical cannabis retailer, or
medical cannabis combination business poses an immediate threat to the health or safety
of the public, the office must respond within one business day and may take any action
described in section 342.19 or 342.21.
new text end
new text begin (i) A local government unit that issues cannabis retailer registration under section 342.22
may, by ordinance, limit the number of licensed cannabis retailers, cannabis mezzobusinesses
with a retail operations endorsement, and cannabis microbusinesses with a retail operations
endorsement to no fewer than one registration for every 12,500 residents.
new text end
new text begin (j) If a county has one active registration for every 12,500 residents, a city or town within
the county is not obligated to register a cannabis business.
new text end
new text begin (k) Nothing in this section shall prohibit a local government unit from allowing licensed
cannabis retailers in excess of the minimums set in paragraph (i).
new text end
new text begin (l) Notwithstanding the foregoing provisions, the state shall not issue a license to any
cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
new text end
new text begin (a) The office by rule shall establish forms and
procedures for the processing of cannabis licenses issued under this chapter. At a minimum,
any application to obtain or renew a cannabis license shall include the following information,
if applicable:
new text end
new text begin (1) the name, address, and date of birth of the applicant;
new text end
new text begin (2) the disclosure of ownership and control required under paragraph (b);
new text end
new text begin (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;
new text end
new text begin (4) the address and legal property description of the business;
new text end
new text begin (5) a general description of the location or locations that the applicant plans to operate,
including the planned square feet of planned space for cultivation, wholesaling, and retailing,
as applicable;
new text end
new text begin (6) a copy of the security plan;
new text end
new text begin (7) proof of trade name registration;
new text end
new text begin (8) 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;
new text end
new text begin (9) an attestation signed by a bona fide labor organization stating that the applicant has
entered into a labor peace agreement;
new text end
new text begin (10) certification that the applicant will comply with the requirements of this chapter
relating to the ownership and operation of a cannabis business;
new text end
new text begin (11) 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
new text end
new text begin (12) a statement that the applicant agrees to respond to the office's supplemental requests
for information.
new text end
new text begin (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. Except as provided
in paragraph (f), the disclosure shall, at a minimum, include the following:
new text end
new text begin (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;
new text end
new text begin (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;
new text end
new text begin (3) if the applicant is a corporation, copies of the applicant's articles of incorporation
and bylaws and any amendments to the applicant's articles of incorporation or bylaws;
new text end
new text begin (4) copies of any partnership agreement, operating agreement, or shareholder agreement;
new text end
new text begin (5) copies of any promissory notes, security instruments, or other similar agreements;
new text end
new text begin (6) an explanation detailing the funding sources used to finance the business;
new text end
new text begin (7) a list of operating and investment accounts for the business, including any applicable
financial institution and account number; and
new text end
new text begin (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.
new text end
new text begin (c) An application may include:
new text end
new text begin (1) proof that the applicant is a social equity applicant;
new text end
new text begin (2) a description of the training and education that will be provided to any employee;
or
new text end
new text begin (3) a copy of business policies governing operations to ensure compliance with this
chapter.
new text end
new text begin (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.
new text end
new text begin (e) An application on behalf of a corporation or association shall be signed by at least
two officers or managing agents of that entity.
new text end
new text begin (f) The office may, by rule, establish exceptions to the disclosures required under
paragraph (b) for members of a cooperative who hold less than a five percent ownership
interest in the cooperative.
new text end
new text begin (a) An applicant must submit all required information
to the office on the forms and in the manner prescribed by the office.
new text end
new text begin (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.
new text end
new text begin (c) Failure by an applicant to submit all required information will result in the application
being rejected.
new text end
new text begin (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.
new text end
new text begin (e) Within 90 days of receiving a completed application and the results of any required
criminal history check, 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.
new text end
new text begin (a) Upon request by the office, every license
applicant or, in the case of a business entity, every cooperative member or director, manager,
and general partner of the business entity, for a cannabis business license, or in the case of
a business entity, every cooperative member or director, manager, and general partner of
the business entity, 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 or
prospective cannabis worker. The bureau may exchange a license applicant's or prospective
cannabis worker's fingerprints with the Federal Bureau of Investigation to obtain the license
applicant's or prospective cannabis worker's national criminal history record information.
The bureau must return the results of the Minnesota and federal criminal history records
checks to the office to determine if the license applicant or prospective cannabis worker is
disqualified under rules adopted pursuant to this section.
new text end
new text begin (b) The office may, by rule, establish exceptions to the requirement under paragraph (a)
for members of a cooperative who hold less than a five percent ownership interest in the
cooperative.
new text end
new text begin The office may by rule determine whether
any felony convictions shall disqualify a person from holding or receiving a cannabis
business license issued under this chapter or working for a cannabis business, and the length
of any such disqualification. In adopting rules pursuant to this subdivision, the office shall
not disqualify a person for a violation of section 152.025.
new text end
new text begin 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.
new text end
new text begin The background check requirements and disqualifications under
this section do not apply to an applicant for a hemp business license or to hemp workers.
new text end
new text begin (a) A license holder or applicant must meet each of the following requirements, if
applicable, to hold or receive a cannabis license issued under this chapter:
new text end
new text begin (1) be at least 21 years of age;
new text end
new text begin (2) have completed an application for licensure or application for renewal;
new text end
new text begin (3) have paid the applicable application fee and license fee;
new text end
new text begin (4) 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;
new text end
new text begin (5) not be employed by the office or any state agency with regulatory authority under
this chapter or the rules adopted pursuant to this chapter;
new text end
new text begin (6) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph
(c);
new text end
new text begin (7) never have had a license previously issued under this chapter revoked;
new text end
new text begin (8) have filed any previously required tax returns for a cannabis business;
new text end
new text begin (9) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties
due relating to the operation of a cannabis business;
new text end
new text begin (10) have fully and truthfully complied with all information requests of the office relating
to license application and renewal;
new text end
new text begin (11) not be disqualified under section 342.15;
new text end
new text begin (12) not employ an individual who is disqualified from working for a cannabis business
under this chapter; and
new text end
new text begin (13) meet the ownership and operational requirements for the type of license and, if
applicable, endorsement sought or held.
new text end
new text begin (b) 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 business;
new text end
new text begin (2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis business; or
new text end
new text begin (3) advertising with a cannabis business in any way.
new text end
new text begin (c) 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.
new text end
new text begin (d) The ownership disqualifications and requirements under this section do not apply to
a hemp business license holder or applicant.
new text end
new text begin (a) An applicant qualifies as a social equity applicant if the applicant:
new text end
new text begin (1) was convicted of an offense involving the possession or sale of cannabis or marijuana
prior to May 1, 2023;
new text end
new text begin (2) had a parent, guardian, child, spouse, or dependent who was convicted of an offense
involving the possession or sale of cannabis or marijuana prior to May 1, 2023;
new text end
new text begin (3) was a dependent of an individual who was convicted of an offense involving the
possession or sale of cannabis or marijuana prior to May 1, 2023;
new text end
new text begin (4) is a service-disabled veteran, current or former member of the national guard, or any
military veteran or current or former member of the national guard who lost honorable status
due to an offense involving the possession or sale of marijuana;
new text end
new text begin (5) has been 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;
new text end
new text begin (6) is an emerging farmer as defined in section 17.055, subdivision 1; or
new text end
new text begin (7) has been 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:
new text end
new text begin (i) the poverty rate was 20 percent or more; or
new text end
new text begin (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.
new text end
new text begin (b) The qualifications described in paragraph (a) apply to each individual applicant or,
in the case of a business entity, every cooperative member or director, manager, and general
partner of the business entity.
new text end
new text begin The office shall issue the necessary number of licenses
in order to ensure the sufficient supply of cannabis flower and cannabis products to meet
demand, provide market stability, ensure a competitive market, and limit the sale of
unregulated cannabis flower and cannabis products.
new text end
new text begin (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.
new text end
new text begin (b) Nothing in this section prohibits or limits the issuance of microbusiness licenses or
mezzobusiness licenses, or the issuance of both lower-potency hemp edible manufacturer
and lower-potency hemp edible retailer licenses to the same person or entity.
new text end
new text begin (a) The office shall award points to each
completed application for a license to operate a cannabis business in the following categories:
new text end
new text begin (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);
new text end
new text begin (2) status as a veteran or retired national guard applicant who does not meet the definition
of social equity applicant;
new text end
new text begin (3) security and record keeping;
new text end
new text begin (4) employee training plan;
new text end
new text begin (5) business plan and financial situation;
new text end
new text begin (6) labor and employment practices;
new text end
new text begin (7) knowledge and experience; and
new text end
new text begin (8) environmental plan.
new text end
new text begin (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.
new text end
new text begin (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.
new text end
new text begin (d) The office shall establish policies and guidelines, which must 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.
new text end
new text begin (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.
new text end
new text begin (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:
new text end
new text begin (1) enter any cannabis business or hemp business without delay and at reasonable times;
new text end
new text begin (2) inspect and investigate during regular working hours and at other reasonable times,
within reasonable limits and in a reasonable manner, any cannabis business or hemp business
and all relevant conditions, equipment, records, and materials therein; and
new text end
new text begin (3) question privately any employer, owner, operator, agent, or employee of a cannabis
business or hemp business.
new text end
new text begin (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).
new text end
new text begin (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.
new text end
new text begin (b) If the office finds probable cause to believe that any cannabis plant, cannabis flower,
cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or
hemp-derived consumer product is being distributed in violation of this chapter or rules
adopted under this chapter, the office shall affix to the item a tag, withdrawal from
distribution order, or other appropriate marking providing notice that the cannabis plant,
cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency hemp
edible, or hemp-derived consumer 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 item 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, cannabis product, artificially derived
cannabinoid, lower-potency hemp edible, or hemp-derived consumer product by sale or
otherwise without the office's or a court's permission and each transaction is a separate
violation of this section.
new text end
new text begin (c) If any cannabis plant, cannabis flower, cannabis product, artificially derived
cannabinoid, lower-potency hemp edible, or hemp-derived consumer 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 item is detained or embargoed for an order and decree for
the condemnation of the item. The office shall release the cannabis plant, cannabis flower,
cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or
hemp-derived consumer product when this chapter and rules adopted under this chapter
have been complied with or the item is found not to be in violation of this chapter or rules
adopted under this chapter.
new text end
new text begin (d) If the court finds that the detained or embargoed cannabis plant, cannabis flower,
cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or
hemp-derived consumer product is in violation of this chapter or rules adopted under this
chapter, the following remedies are available:
new text end
new text begin (1) after entering a decree, the cannabis plant, cannabis flower, cannabis product,
artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer
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, cannabis product, artificially derived
cannabinoid, lower-potency hemp edible, or hemp-derived consumer product or the claimant's
agent; and
new text end
new text begin (2) if the violation can be corrected by proper labeling or processing of the cannabis
plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency
hemp edible, or hemp-derived consumer 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, cannabis product, artificially derived cannabinoid,
lower-potency hemp edible, or hemp-derived consumer product must be properly labeled
or processed has been executed, may by order direct that the cannabis plant, cannabis flower,
cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or
hemp-derived consumer 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, cannabis product, artificially derived
cannabinoid, lower-potency hemp edible, or hemp-derived consumer 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, cannabis product, artificially derived
cannabinoid, lower-potency hemp edible, or hemp-derived consumer product is no longer
in violation and that the office's supervision expenses have been paid.
new text end
new text begin (e) If the office finds in any room, building, piece of equipment, vehicle of transportation,
or other structure any cannabis plant, cannabis flower, cannabis product, artificially derived
cannabinoid, lower-potency hemp edible, or hemp-derived consumer 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.
new text end
new text begin (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.
new text end
new text begin Subject to rules issued by the office, a representative of
a cannabis business or hemp business shall be given an opportunity to accompany the office
during the physical inspection of any cannabis business or hemp business for the purpose
of aiding such inspection.
new text end
new text begin (a) The office may conduct
inspections of any licensed cannabis business or hemp business at any time to ensure
compliance with the ownership and operation requirements of this chapter.
new text end
new text begin (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.
new text end
new text begin (c) The office shall prioritize inspections of cannabis businesses and hemp businesses
where there are reasonable grounds to believe that a violation poses imminent danger to the
public or customers. Inspections must take place within one business day of the receipt of
a credible report.
new text end
new text begin (d) The office shall promptly inspect cannabis businesses and hemp businesses that are
the subject of complaint by a local unit of government.
new text end
new text begin (a) The office may issue an
administrative order to any licensed cannabis business or hemp 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 business 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.
new text end
new text begin (b) For each violation of this chapter or rules adopted pursuant to this chapter, the office
may issue to each cannabis business or hemp 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.
new text end
new text begin (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.
new text end
new text begin (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.
new text end
new text begin The following data collected, created, or maintained
by the office are classified as nonpublic data, as defined by section 13.02, subdivision 9, or
as private data on individuals, as defined by section 13.02, subdivision 12:
new text end
new text begin (1) application data submitted by an applicant for a cannabis business license or hemp
business license, other than the data listed in subdivision 2;
new text end
new text begin (2) the identity of a complainant who has made a report concerning a license holder or
an applicant that appears in inactive investigative data unless the complainant consents to
the disclosure;
new text end
new text begin (3) data identifying retail or wholesale customers of a cannabis business or hemp business;
and
new text end
new text begin (4) data identifying cannabis workers or hemp workers.
new text end
new text begin (a) The following application data submitted
by an applicant for a cannabis business license or hemp business license are public data:
new text end
new text begin (1) the applicant's name and designated address;
new text end
new text begin (2) data disclosing the ownership and control of the applicant;
new text end
new text begin (3) proof of trade name registration;
new text end
new text begin (4) data showing the legal possession of the premises where the business will operate;
new text end
new text begin (5) data describing whether volatile chemicals will be used in any methods of extraction
or concentration;
new text end
new text begin (6) environmental plans;
new text end
new text begin (7) the type and number of other cannabis business licenses or hemp business licenses
held by the applicant; and
new text end
new text begin (8) the name, address, location, dates, and hours of where any proposed cannabis event
will take place.
new text end
new text begin (b) Scoring and other data generated by the office in its review of an applicant for a
cannabis business license or hemp business license are public data.
new text end
new text begin Once an applicant for a cannabis
business license or hemp business license becomes a license holder, all of the application
data that the license holder had previously submitted to the office are public data except
that the following data remain classified as nonpublic data or private data on individuals:
new text end
new text begin (1) data identifying retail or wholesale customers of a cannabis business or hemp business;
new text end
new text begin (2) data identifying cannabis workers or hemp workers;
new text end
new text begin (3) tax returns, bank account statements, and other financial account information;
new text end
new text begin (4) business plans; and
new text end
new text begin (5) data classified as nonpublic data or private data on individuals by chapter 13 or other
applicable law.
new text end
new text begin Data collected or maintained by the office as part of
an active investigation undertaken for the purpose of the commencement or defense of a
pending civil legal action, or that are retained in anticipation of a pending civil legal action,
must be subject to section 13.39.
new text end
new text begin (a) The office must establish written procedures
to ensure that only individuals authorized by law may enter, update, or access data maintained
by the office and classified as nonpublic or private data on individuals. An authorized
individual's ability to enter, update, or access not public data 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.
new text end
new text begin (b) The office must not share data classified as nonpublic or private data on individuals
under this section 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.
new text end
new text begin (c) The office must arrange for an independent audit to verify compliance with this
section. The audit must be completed annually for the first two years following establishment
of the office and biennially thereafter. The results of the audit are public. No later than 30
days following completion of the audit, the office must provide a report summarizing the
audit results to the chairs and ranking minority members of the committees and divisions
of the house of representatives and the senate with jurisdiction over commerce and data
practices, and the Legislative Commission on Data Practices and Personal Data Privacy.
The report must be submitted as required under section 3.195, except that printed copies
are not required.
new text end
new text begin The office may revoke or not
renew a license when the office has cause to believe that a cannabis business or hemp
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.
new text end
new text begin (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.
new text end
new text begin (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.
new text end
new text begin 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.
new text end
new text begin Before making retail sales to customers or patients,
a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness
with a retail operations endorsement, cannabis retailer, medical cannabis retailer, medical
cannabis combination business, or lower-potency hemp edible retailer must register with
the city, town, or county in which the retail establishment is located. A county may issue a
registration in cases where a city or town has provided consent for the county to issue the
registration for the jurisdiction.
new text end
new text begin (a) A local unit of government may impose an initial retail
registration fee of $500 or up to half the amount of the applicable initial license fee under
section 342.11, whichever is less. The local unit of government may also impose a renewal
retail registration fee of $1,000 or up to half the amount of the applicable renewal license
fee under section 342.11, whichever is less. The initial registration fee shall include the fee
for initial registration and the first annual renewal. Any renewal fee imposed by the local
unit of government shall be charged at the time of the second renewal and each subsequent
annual renewal thereafter.
new text end
new text begin (b) The local unit of government may not charge an application fee.
new text end
new text begin (c) A cannabis business with a cannabis retailer license and a medical cannabis retailer
license for the same location may only be charged a single registration fee.
new text end
new text begin (d) Registration fees are nonrefundable.
new text end
new text begin (a) A local unit of government shall issue a retail
registration to a cannabis microbusiness with a retail operations endorsement, cannabis
mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis
retailer, or lower-potency hemp edible retailer that:
new text end
new text begin (1) has a valid license issued by the office;
new text end
new text begin (2) has paid the registration fee or renewal fee pursuant to subdivision 2;
new text end
new text begin (3) is found to be in compliance with the requirements of this chapter at any preliminary
compliance check that the local unit of government performs; and
new text end
new text begin (4) if applicable, is current on all property taxes and assessments at the location where
the retail establishment is located.
new text end
new text begin (b) Before issuing a retail registration, the local unit of government may conduct a
preliminary compliance check to ensure that the cannabis business or hemp business is in
compliance with the applicable operation requirements and the limits on the types of cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products
that may be sold.
new text end
new text begin (c) A local unit of government shall renew the retail registration of a cannabis business
or hemp business when the office renews the license of the cannabis business or hemp
business.
new text end
new text begin (d) A retail registration issued under this section may not be transferred.
new text end
new text begin (a) A local unit of government shall conduct compliance
checks of every cannabis business and hemp business with a retail registration issued by
the local unit of government. The checks shall assess compliance with age verification
requirements, the applicable operation requirements, and the applicable limits on the types
of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products being sold.
new text end
new text begin (b) The local unit of government must conduct unannounced age verification compliance
checks at least once each calendar year. Age verification compliance checks must involve
persons at least 17 years of age, but under the age of 21, who, with the prior written consent
of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use
cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products under the direct supervision of a law enforcement officer or an employee
of the local unit of government.
new text end
new text begin (c) Checks to ensure compliance with the applicable operation requirements and the
limits on the types of cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products that may be sold must be performed at least once each
calendar year and may be performed by a law enforcement officer or an employee of the
local unit of government.
new text end
new text begin (a) If
a local unit of government determines that a cannabis business or hemp business with a
retail registration issued by the local unit of government is not operating in compliance with
the requirements of this chapter or that the operation of the business poses an immediate
threat to the health or safety of the public, the local unit of government may suspend the
retail registration of the cannabis business or hemp business. The local unit of government
must immediately notify the office of the suspension and shall include a description of the
grounds for the suspension.
new text end
new text begin (b) The office shall review the retail registration suspension and may order reinstatement
of the retail registration or take any action described in section 342.19 or 342.21.
new text end
new text begin (c) The retail registration suspension must be for up to 30 days unless the office suspends
the license and operating privilege of the cannabis business or hemp business for a longer
period or revokes the license.
new text end
new text begin (d) The local unit of government may reinstate the retail registration if the local unit of
government determines that any violation has been cured. The local unit of government
must reinstate the retail registration if the office orders reinstatement.
new text end
new text begin (e) No cannabis microbusiness with a retail operations endorsement, cannabis
mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis
retailer, medical cannabis combination business, or lower-potency hemp edible retailer may
make any sale to a customer or patient without a valid retail registration. A local unit of
government may impose a civil penalty of up to $2,000 for each violation of this paragraph.
new text end
new text begin (a) Cannabis businesses and hemp businesses must retain
financial records for the current and previous tax years at the primary business location and
must make those records available for inspection by the office at any time during regular
business hours.
new text end
new text begin (b) When applicable, a cannabis business or hemp 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.
new text end
new text begin (c) The office may require a cannabis business or hemp business to submit to an audit
of its business records. The office may select or approve the auditor and the cannabis business
or hemp business must provide the auditor with access to all business records. The cost of
the audit must be paid by the cannabis business or hemp business.
new text end
new text begin Cannabis businesses and hemp businesses 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.
new text end
new text begin (a) Cannabis businesses and hemp businesses
must dispose of cannabis plants, cannabis flower, cannabis products, artificially derived
cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are
damaged, have a broken seal, have been contaminated, or have not been sold by the expiration
date on the label.
new text end
new text begin (b) Disposal must be conducted in a manner approved by the office.
new text end
new text begin (c) Disposal of any cannabis plants, cannabis flower, cannabis products, artificially
derived cannabinoids, and hemp-derived consumer products that are required to be entered
into the statewide monitoring system must be documented in the statewide monitoring
system.
new text end
new text begin (d) Loss or theft of any cannabis plants, cannabis flower, cannabis products, artificially
derived cannabinoids, or hemp-derived consumer products that are required to be entered
into the statewide monitoring system must be reported to local law enforcement and a
business must log any such loss or theft in the statewide monitoring system as soon as the
loss or theft is discovered.
new text end
new text begin Cannabis businesses and hemp businesses may
only sell cannabis plants, cannabis flower, cannabis products, artificially derived
cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are
a product category 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, cannabis products, artificially derived cannabinoids, lower-potency
hemp edibles, and hemp-derived consumer products.
new text end
new text begin (a) Except for the lawful sale of cannabis plants,
cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency hemp
edibles, and hemp-derived consumer products in the ordinary course of business and as
otherwise provided in this subdivision, no cannabis business or hemp 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 retailer, including preferential placement on
the 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 or hemp
business.
new text end
new text begin (b) This prohibition does not apply to merchandising credit in the ordinary course of
business for a period not to exceed 30 days.
new text end
new text begin (c) This prohibition does not apply to free samples of usable cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products packaged in a
sample jar protected by a plastic or metal mesh screen to allow customers to smell the
cannabis flower, cannabis product, lower-potency hemp edible, or hemp-derived consumer
product before purchase. A sample jar may not contain more than eight grams of usable
cannabis flower, more than eight grams of a cannabis concentrate, an edible cannabis product
infused with more than 100 milligrams of tetrahydrocannabinol, a lower-potency hemp
edible infused with more than 50 milligrams of tetrahydrocannabinol, or a hemp-derived
consumer product with a total weight of more than eight grams.
new text end
new text begin (d) This prohibition does not apply to free samples of cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products provided to a retailer or
cannabis wholesaler for the purposes of quality control and to allow retailers to determine
whether to offer a product for sale. A sample provided for these purposes may not contain
more than eight grams of usable cannabis flower, more than eight grams of a cannabis
concentrate, an edible cannabis product infused with more than 100 milligrams of
tetrahydrocannabinol, a lower-potency hemp edible infused with more than 50 milligrams
of tetrahydrocannabinol, or a hemp-derived consumer product with a total weight of more
than eight grams.
new text end
new text begin (e) This prohibition does not apply to any fee charged by a licensed cannabis event
organizer to a cannabis business or hemp business for participation in a cannabis event.
new text end
new text begin Cannabis businesses and hemp businesses 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.
new text end
new text begin (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.
new text end
new text begin (b) A cannabis business may not permit an individual under 21 years of age to enter the
business premises other than entry by a patient enrolled in the registry program.
new text end
new text begin (c) A cannabis business may not sell or give cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer 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 flower or medical cannabinoid products.
new text end
new text begin (a)
A cannabis business may not permit an individual who is not an employee to consume
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products within its licensed premises unless the business is licensed to permit on-site
consumption.
new text end
new text begin (b) Except as otherwise provided in this subdivision, a cannabis business may not permit
an employee to consume cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer 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
new text begin (d) For quality control, employees of a licensed cannabis business may sample cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer 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.
new text end
new text begin (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 the use of an electronic or manual entry log and the individual:
new text end
new text begin (1) is a cannabis worker employed by or contracted with the cannabis business;
new text end
new text begin (2) is an employee of the office or another enforcement agency;
new text end
new text begin (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, cannabis products, or hemp-derived consumer products and,
if the individual is working in an area with immediate access to cannabis flower, cannabis
products, or hemp-derived consumer products, the individual is supervised at all times by
a cannabis worker employed by or contracted with the cannabis business; or
new text end
new text begin (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, cannabis products, or hemp-derived
consumer products, the individual is supervised at all times by a cannabis worker employed
by or contracted with the cannabis business.
new text end
new text begin (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
new text begin A cannabis business must maintain a ventilation
and filtration system sufficient to meet the requirements for odor control established by the
office.
new text end
new text begin (a) A cannabis business must use the
statewide monitoring system for integrated cannabis tracking, inventory, and verification
to track all cannabis plants, cannabis flower, cannabis products, and hemp-derived consumer
products the cannabis business has in its possession to the point of disposal, transfer, or
sale.
new text end
new text begin (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, and possesses the cannabis products
and hemp-derived consumer products that the business manufactures or receives from
another cannabis business.
new text end
new text begin (c) Sale and transfer of cannabis plants, cannabis flower, cannabis products, and
hemp-derived consumer products must be recorded in the statewide monitoring system
within the time established by rule.
new text end
new text begin A cannabis business must maintain and follow a security plan to deter
and prevent the theft or diversion of cannabis plants, cannabis flower, cannabis products,
or hemp-derived consumer products; unauthorized entry into the cannabis business; and the
theft of currency.
new text end
new text begin A cannabis business 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 The requirements under this section do not apply to hemp
businesses.
new text end
new text begin A cannabis business may not directly or indirectly make
an agreement with a cannabis retailer that binds the cannabis retailer to purchase the products
of one cannabis cultivator or cannabis manufacturer to the exclusion of the products of other
cannabis cultivators or cannabis manufacturers. A cannabis retailer who is a party to a
violation of this section or who receives the benefits of a violation is equally guilty of a
violation.
new text end
new text begin Every cannabis business with a license or endorsement
authorizing the cultivation of cannabis must comply with the requirements of this section.
new text end
new text begin A business licensed or authorized to cultivate cannabis
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. The cannabis business must present
cultivation records to the office, the commissioner of agriculture, or the commissioner of
health upon request.
new text end
new text begin A business licensed or authorized
to cultivate cannabis is subject to rules promulgated by the office in consultation with the
commissioner of agriculture, subject to subdivision 5, governing the use of pesticides,
fertilizers, soil amendments, plant amendments, and other inputs to cultivate cannabis.
new text end
new text begin A business licensed or authorized to cultivate cannabis 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:
new text end
new text begin (1) water usage;
new text end
new text begin (2) recycling;
new text end
new text begin (3) solid waste disposal; and
new text end
new text begin (4) a pest management protocol that incorporates integrated pest management principles
to control or prevent the introduction of pests to the cultivation site.
new text end
new text begin (a) A business
licensed or authorized to cultivate cannabis must comply with chapters 18B, 18C, 18D, and
any other pesticide, fertilizer, soil amendment, and plant amendment laws and rules enforced
by the commissioner of agriculture.
new text end
new text begin (b) A business licensed or authorized to cultivate cannabis must not apply pesticides
when pollinators are present or allow pesticides to drift to flowering plants that are attractive
to pollinators.
new text end
new text begin A business licensed or authorized to cultivate cannabis
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, potency,
or odor of the cannabis.
new text end
new text begin A business licensed or
authorized to cultivate cannabis may cultivate cannabis plants indoors or outdoors, subject
to the security, fencing, lighting, and any other requirements imposed by the office in rule.
new text end
new text begin Nothing in this section applies to the cultivation of hemp plants.
new text end
new text begin Every cannabis business with a license or endorsement
authorizing the creation of cannabis concentrate and manufacture of cannabis products and
hemp-derived consumer products for public consumption must comply with the requirements
of this section.
new text end
new text begin (a) Cannabis manufacturing must take place in
an enclosed, locked facility that is used exclusively for the manufacture of cannabis products,
creation of hemp concentrate, creation of artificially derived cannabinoids, creation of
lower-potency hemp edibles, or creation of hemp-derived consumer products, 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.
new text end
new text begin (b) Cannabis manufacturing must take place on equipment that is used exclusively for
the manufacture of cannabis products, creation of hemp concentrate, creation of artificially
derived cannabinoids, creation of lower-potency hemp edibles, or creation of hemp-derived
consumer products.
new text end
new text begin (c) A business licensed or authorized to manufacture cannabis products must comply
with all applicable packaging, labeling, and health and safety requirements.
new text end
new text begin (a) A business licensed or authorized to
manufacture cannabis products that creates cannabis concentrate, hemp concentrate, or
artificially derived cannabinoids must obtain an endorsement from the office.
new text end
new text begin (b) A business licensed or authorized to manufacture cannabis products 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.
new text end
new text begin (c) A business licensed or authorized to manufacture cannabis products 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 compounds that the
manufacturer will create. A business licensed or authorized to manufacture cannabis products
may not use a method of conversion or a catalyst without approval by the office.
new text end
new text begin (d) A business licensed or authorized to manufacture cannabis products 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 business licensed or authorized to manufacture cannabis products 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 the 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
flower.
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 business licensed or authorized to
manufacture cannabis products 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 business licensed or authorized to
manufacture cannabis products that produces edible cannabis products or lower-potency
hemp edibles must obtain an edible cannabinoid product handler endorsement from the
office.
new text end
new text begin (b) A business licensed or authorized to manufacture cannabis products must obtain an
endorsement from the office to produce:
new text end
new text begin (1) cannabis products other than edible cannabis products; or
new text end
new text begin (2) hemp-derived consumer products other than lower-potency hemp edibles.
new text end
new text begin (c) All areas within the licensed premises of a business licensed or authorized to
manufacture cannabis products producing cannabis products, lower-potency hemp edibles,
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 business licensed or authorized to manufacture cannabis products 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 cannabis product, lower-potency hemp edible, or hemp-derived
consumer product to a cannabis business or hemp business, a business licensed or authorized
to manufacture cannabis products 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 business licensed or authorized to manufacture cannabis products 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 business licensed or authorized to manufacture
cannabis products may use a trademarked food product if the manufacturer uses the product
as a component or as part of a recipe and where the business licensed or authorized to
manufacture cannabis products does not state or advertise to the customer that the final
retail cannabis product, lower-potency hemp edible, or hemp-derived consumer product
contains a trademarked food product.
new text end
new text begin Nothing in this section applies to the operations of a lower-potency
hemp edible manufacturer.
new text end
new text begin Every cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products must comply with the
requirements of this section.
new text end
new text begin (a) A cannabis business with a
license or endorsement authorizing the retail sale of cannabis flower or cannabis products
may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to
individuals who are at least 21 years of age.
new text end
new text begin (b) A cannabis business with a license or endorsement authorizing the retail sale of
adult-use cannabis flower or adult-use cannabis products may sell immature cannabis plants
and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp
edibles, and hemp-derived consumer products that:
new text end
new text begin (1) are obtained from a business licensed under this chapter; and
new text end
new text begin (2) meet all applicable packaging and labeling requirements.
new text end
new text begin (c) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may sell up to two ounces of adult-use cannabis flower
or hemp-derived consumer products consisting primarily of hemp plant parts, up to eight
grams of adult-use cannabis concentrate or hemp-derived consumer products consisting
primarily of hemp concentrate or artificially derived cannabinoids, and edible cannabis
products and lower-potency hemp edibles infused with up to 800 milligrams of
tetrahydrocannabinol during a single transaction to a customer.
new text end
new text begin (d) Edible adult-use cannabis products and hemp-derived consumer products intended
to be eaten may not include more than ten milligrams of tetrahydrocannabinol per serving
and a single package may not include more than a total of 200 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 (e) Edible adult-use cannabis products and hemp-derived consumer products intended
to be consumed as beverages may not include more than ten milligrams of
tetrahydrocannabinol per serving. A single beverage container may not contain more than
two servings.
new text end
new text begin (a) A cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products 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, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products in the home to prevent
access by individuals under 21 years of age.
new text end
new text begin (b) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may sell hemp-derived topical products.
new text end
new text begin (c) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products 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 products that
contain cannabinoids;
new text end
new text begin (3) magazines and other publications published primarily for information and education
on cannabis plants, cannabis flower, and products that contain cannabinoids;
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 retailer;
new text end
new text begin (6) hemp fiber products and products that contain hemp grain; and
new text end
new text begin (7) products that detect the presence of fentanyl or a fentanyl analog.
new text end
new text begin (a) Prior to initiating a sale, an employee of a cannabis
business with a license or endorsement authorizing the retail sale of cannabis flower or
cannabis products 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 flower or adult-use cannabis 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 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 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 business with a
license or endorsement authorizing the retail sale of cannabis flower or cannabis products
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 cannabis products available
for sale are displayed. All other cannabis flower and cannabis products must be stored in
the secure storage area.
new text end
new text begin (b) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may display one sample of each type of cannabis
flower or cannabis product available for sale. Samples of cannabis flower and cannabis
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 cannabis products sold to customers. A sample may not
contain more than eight grams of adult-use cannabis flower or adult-use cannabis concentrate
or an edible cannabis product infused with more than 100 milligrams of tetrahydrocannabinol.
A cannabis retailer may allow customers to smell the cannabis flower or cannabis product
before purchase.
new text end
new text begin (c) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may not sell cannabis flower or cannabis products
used as a sample for display. If the retailer uses display samples of lower-potency hemp
edibles or hemp-derived consumer products, the retailer may not sell the product used as a
sample for display.
new text end
new text begin A cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products 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, cannabis products, lower-potency hemp edibles,
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
business with a license or endorsement authorizing the retail sale of cannabis flower or
cannabis products may not sell cannabis flower, cannabis products, lower-potency hemp
edibles, 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 prohibit sales for any period between
9:00 p.m. and 2:00 a.m. the following day or between 8:00 a.m. and 10:00 a.m. on the days
of Monday through Saturday.
new text end
new text begin (c) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may not be open to the public or sell any other products
at times when the cannabis business is prohibited from selling cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products.
new text end
new text begin (a) A cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products shall maintain compliance
with state and local building, fire, and zoning requirements or regulations.
new text end
new text begin (b) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products 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 business with a license or endorsement authorizing the
retail sale of cannabis flower or cannabis products shall maintain compliance with security
requirements established by the office, including but not limited to requirements for
maintaining video surveillance records, using specific locking mechanisms, establishing
secure entries, and the number of employees working at all times.
new text end
new text begin A cannabis business with a license or endorsement authorizing the
retail sale of cannabis flower or cannabis products must keep all lighting outside and inside
the dispensary in good working order and sufficient wattage for security cameras.
new text end
new text begin A cannabis business with a license or endorsement authorizing
the retail sale of cannabis flower or cannabis products may only accept deliveries of cannabis
flower, cannabis products, and hemp-derived consumer products in 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 business with a license or endorsement authorizing
the retail sale of cannabis flower or cannabis products shall not:
new text end
new text begin (1) sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products to a person who is visibly intoxicated;
new text end
new text begin (2) knowingly sell more cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer 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, cannabis products,
lower-potency hemp edibles, 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, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products in vending machines; or
new text end
new text begin (6) sell cannabis plants, cannabis flower, or cannabis 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 cannabis business with
a license or endorsement authorizing the retail sale of adult-use cannabis flower or adult-use
cannabis products that is also a licensed medical cannabis retailer may sell medical cannabis
flower and medical cannabinoid products on a portion of the business's premises.
new text end
new text begin (b) The premises must provide an appropriate space for a pharmacist employee of the
medical cannabis retailer to consult with a 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 Nothing in this section applies to the operations of a lower-potency
hemp edible retailer.
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 within the limits established by this section:
new text end
new text begin (1) grow cannabis plants from seed or immature plant to mature plant and harvest
cannabis flower from a mature plant;
new text end
new text begin (2) make cannabis concentrate;
new text end
new text begin (3) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
new text end
new text begin (4) manufacture artificially derived cannabinoids;
new text end
new text begin (5) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
new text end
new text begin (6) purchase immature cannabis plants and seedlings and cannabis flower from another
cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, or a cannabis
wholesaler;
new text end
new text begin (7) purchase hemp plant parts and propagules from an industrial hemp grower licensed
under chapter 18K;
new text end
new text begin (8) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
new text end
new text begin (9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids
from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer,
or a cannabis wholesaler for use in manufacturing adult-use cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products;
new text end
new text begin (10) package and label adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
new text end
new text begin (11) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and
other products authorized by law to other cannabis businesses and to customers;
new text end
new text begin (12) operate an establishment that permits on-site consumption of edible cannabis
products and lower-potency hemp edibles; and
new text end
new text begin (13) perform other actions approved by the office.
new text end
new text begin (a) A cannabis microbusiness that cultivates cannabis at an
indoor facility may cultivate up to 5,000 square feet of plant canopy. The office may adjust
plant canopy limits upward to meet market demand consistent with the goals identified in
section 342.02, subdivision 1.
new text end
new text begin (b) A cannabis microbusiness that cultivates cannabis at an outdoor location may cultivate
up to one-half acre of mature, flowering plants unless the office increases that limit. The
office may increase the limit to no more than one acre if the office determines that expansion
is consistent with the goals identified in section 342.02, subdivision 1.
new text end
new text begin (c) The office shall establish a limit on the manufacturing of cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products a cannabis microbusiness
that manufactures such products may perform. The limit must be equivalent to the amount
of cannabis flower that can be harvested from a facility with a plant canopy of 5,000 square
feet in a year, but may be increased if the office expands the allowable area of cultivation
under paragraph (a).
new text end
new text begin (d) A cannabis microbusiness with the appropriate endorsement may operate one retail
location.
new text end
new text begin In addition to the information required to
be submitted under section 342.14, 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 codes 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, hemp
concentrate, or artificial cannabinoids, information identifying all methods of extraction,
concentration, or conversion that the applicant intends to use and the volatile chemicals and
catalysts, if any, that will be involved in extraction, concentration, or creation; 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 The requirement of an attestation signed by a bona fide labor
organization stating that the applicant has entered into a labor peace agreement is not required
as part of an application for a cannabis microbusiness license.
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 or hemp
business or hold more than one cannabis microbusiness license.
new text end
new text begin (c) 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 cannabis microbusiness that cultivates cannabis
plants and harvests cannabis flower must comply with the requirements in section 342.25.
new text end
new text begin A cannabis microbusiness that
creates cannabis concentrate must comply with the requirements in section 342.26,
subdivisions 2 and 3.
new text end
new text begin A cannabis microbusiness
that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived
consumer products must comply with the requirements in section 342.26, subdivisions 2
and 4.
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 cannabis products and lower-potency hemp edibles 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 cannabis products and lower-potency hemp edibles 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 and lower-potency hemp edibles 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
cannabis product or lower-potency hemp edible 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 an edible cannabis product or a lower-potency hemp edible 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 an edible cannabis product or a lower-potency hemp edible to a person who is
visibly intoxicated;
new text end
new text begin (4) sell or allow the sale or consumption of alcohol or tobacco on the premises;
new text end
new text begin (5) sell products that are intended to be eaten or consumed as a drink, other than packaged
and labeled edible cannabis products and lower-potency hemp edibles, 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 (6) permit edible cannabis products or lower-potency hemp edibles sold in the portion
of the area designated for on-site consumption to be removed from that area;
new text end
new text begin (7) permit adult-use cannabis flower, adult-use cannabis products, hemp-derived consumer
products, or tobacco to be consumed through smoking or a vaporized delivery method on
the premises; or
new text end
new text begin (8) distribute or allow free samples of cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products.
new text end
new text begin A cannabis mezzobusiness license, consistent with
the specific license endorsement or endorsements, entitles the license holder to perform any
or all of the following within the limits established by this section:
new text end
new text begin (1) grow cannabis plants from seed or immature plant to mature plant and harvest
cannabis flower from a mature plant for use as adult-use cannabis flower or for use in
adult-use cannabis products;
new text end
new text begin (2) grow cannabis plants from seed or immature plant to mature plant and harvest
cannabis flower from a mature plant for use as medical cannabis flower or for use in medical
cannabinoid products;
new text end
new text begin (3) make cannabis concentrate;
new text end
new text begin (4) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
new text end
new text begin (5) manufacture artificially derived cannabinoids;
new text end
new text begin (6) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
new text end
new text begin (7) process medical cannabinoid products;
new text end
new text begin (8) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis
microbusiness, another cannabis mezzobusiness, a cannabis manufacturer, or a cannabis
wholesaler;
new text end
new text begin (9) purchase cannabis concentrate, hemp concentrate, and synthetically derived
cannabinoids from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis
manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products;
new text end
new text begin (10) purchase hemp plant parts and propagules from a licensed hemp grower licensed
under chapter 18K;
new text end
new text begin (11) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
new text end
new text begin (12) package and label adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
new text end
new text begin (13) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and
other products authorized by law to other cannabis businesses and to customers; and
new text end
new text begin (14) perform other actions approved by the office.
new text end
new text begin (a) A cannabis mezzobusiness that cultivates cannabis at an
indoor facility may cultivate up to 15,000 square feet of plant canopy. The office may adjust
plant canopy limits upward to meet market demand consistent with the goals identified in
section 342.02, subdivision 1.
new text end
new text begin (b) A cannabis mezzobusiness that cultivates cannabis at an outdoor location may
cultivate up to one acre of mature, flowering plants unless the office increases that limit.
The office may increase the limit to no more than three acres if the office determines that
expansion is consistent with the goals identified in section 342.02, subdivision 1.
new text end
new text begin (c) The office shall establish a limit on the manufacturing of cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products a cannabis mezzobusiness
that manufactures such products may perform. The limit must be equivalent to the amount
of cannabis flower that can be harvested from a facility with a plant canopy of 15,000 square
feet in a year but may be increased if the office expands the allowable area of cultivation
under paragraph (a).
new text end
new text begin (d) A cannabis mezzobusiness with the appropriate endorsement may operate up to three
retail locations.
new text end
new text begin In addition to the information required to
be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis mezzobusiness 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, hemp
concentrate, or artificial cannabinoids, information identifying all methods of extraction,
concentration, or conversion that the applicant intends to use and the volatile chemicals and
catalysts, if any, that will be involved in extraction, concentration, or creation; 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 mezzobusiness license may also hold a cannabis event organizer license and a
medical cannabis retailer license.
new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis mezzobusiness license may own or operate any other cannabis business or hemp
business or hold more than one cannabis mezzobusiness license.
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 cannabis mezzobusiness that cultivates cannabis
plants and harvests cannabis flower must comply with the requirements in section 342.25.
new text end
new text begin A cannabis mezzobusiness that
creates cannabis concentrate must comply with the requirements in section 342.26,
subdivisions 2 and 3.
new text end
new text begin A cannabis mezzobusiness
that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived
consumer products must comply with the requirements in section 342.26, subdivisions 2
and 4.
new text end
new text begin A cannabis mezzobusiness that operates a
retail location must comply with the requirements in section 342.27.
new text end
new text begin A cannabis mezzobusiness that cultivates
cannabis plants for use as medical cannabis flower or for use in medical cannabinoid
products, processes medical cannabinoid products, or both, must comply with sections
342.49, paragraph (d); 342.50, paragraph (c), and any additional requirements established
by the office.
new text end
new text begin 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
immature cannabis plants and seedlings and 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.
new text end
new text begin (a) A cannabis cultivator that cultivates cannabis at an indoor
facility may cultivate up to 30,000 square feet of plant canopy. The office may adjust plant
canopy limits upward to meet market demand consistent with the goals identified in section
342.02, subdivision 1.
new text end
new text begin (b) A cannabis cultivator that cultivates cannabis at an outdoor location may cultivate
up to two acres of mature, flowering plants unless the office increases that limit. The office
may increase the limit to no more than four acres if the office determines that expansion is
consistent with the goals identified in section 342.02, subdivision 1.
new text end
new text begin In addition to the information required to
be submitted under section 342.14, 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:
new text end
new text begin (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;
new text end
new text begin (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
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 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.
new text end
new text begin (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 or hemp 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.
new text end
new text begin (c) The office by rule may limit the number of cannabis cultivator licenses a person,
cooperative, 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 cultivator must comply with the
requirements in section 342.25.
new text end
new text begin A cannabis manufacturer license, consistent with
the specific license endorsement or endorsements, entitles the license holder to:
new text end
new text begin (1) purchase cannabis flower, cannabis products, hemp plant parts, hemp concentrate,
and artificially derived cannabinoids from a cannabis microbusiness, a cannabis
mezzobusiness, a cannabis cultivator, another cannabis manufacturer, or a cannabis
wholesaler;
new text end
new text begin (2) purchase hemp plant parts and propagules from an industrial hemp grower licensed
under chapter 18K;
new text end
new text begin (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
new text end
new text begin (4) accept cannabis flower 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;
new text end
new text begin (5) make cannabis concentrate;
new text end
new text begin (6) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
new text end
new text begin (7) manufacture artificially derived cannabinoids;
new text end
new text begin (8) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
new text end
new text begin (9) package and label adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for sale to customers;
new text end
new text begin (10) sell cannabis concentrate, hemp concentrate, artificially derived cannabinoids,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to
other cannabis businesses; and
new text end
new text begin (11) perform other actions approved by the office.
new text end
new text begin The office shall establish a limit on the manufacturing of
cannabis products, lower-potency hemp edibles, or hemp-derived consumer products a
cannabis manufacturer may perform.
new text end
new text begin In addition to the information required to
be submitted under section 342.14, 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:
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
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
new text end
new text begin (2) evidence that the business will comply with the applicable operation requirements
for the endorsement being sought.
new text end
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.
new text end
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 or hemp
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.
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 cannabis manufacturer must comply with the
requirements in section 342.26.
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, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
and cannabis wholesalers;
new text end
new text begin (2) purchase lower-potency hemp edibles from a licensed lower-potency hemp edible
manufacturer;
new text end
new text begin (3) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and
other products authorized by law to customers; and
new text end
new text begin (4) perform other actions approved by the office.
new text end
new text begin A cannabis retailer may operate up to five retail locations.
new text end
new text begin In addition to the information required to
be submitted under section 342.14, 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, cannabis products, lower-potency hemp edibles, 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 or hemp 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 and three retail businesses in one 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 cannabis wholesaler license entitles the license
holder to:
new text end
new text begin (1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
and cannabis microbusinesses;
new text end
new text begin (2) purchase hemp plant parts and propagules from industrial hemp growers licensed
under chapter 18K;
new text end
new text begin (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
new text end
new text begin (4) sell immature cannabis plants and seedlings, cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products to cannabis
microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers;
new text end
new text begin (5) sell lower-potency hemp edibles to lower-potency hemp edible retailers;
new text end
new text begin (6) import hemp-derived consumer products and lower-potency hemp edibles 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 (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 342.14, 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 or hemp
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 cannabis products are physically separated from all other
products, including but not limited to lower-potency hemp edibles and 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,
cannabis products, lower-potency hemp edibles, 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, hemp-derived topical products, 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 cannabis 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 hemp edibles 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 microbusiness, cannabis mezzobusiness,
cannabis retailer, or lower-potency hemp edible 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
hemp-derived consumer product into the statewide monitoring system before the product
may be distributed. 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 hemp-derived consumer product. If information
regarding the industrial hemp 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, cannabis
products, artificially derived cannabinoids, hemp plant parts, hemp concentrate,
lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis retailers,
medical cannabis processors, and industrial hemp growers to cannabis microbusinesses,
cannabis mezzobusinesses, cannabis manufacturers, cannabis testing facilities, cannabis
wholesalers, cannabis retailers, lower-potency hemp edible retailers, medical cannabis
processors, medical cannabis retailers, and medical cannabis combination businesses 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 342.14, 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 immature cannabis
plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids,
hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived
consumer 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 immature cannabis plants and
seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant
parts, hemp concentrate, lower-potency hemp edibles, 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 Immature cannabis plants and seedlings, cannabis
flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp
concentrate, lower-potency hemp edibles, 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. Items being
transported 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 immature cannabis plants and seedlings, cannabis flower, cannabis products,
artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp
edibles, 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 immature
cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived
cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, 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 immature cannabis plants and seedlings, cannabis flower, cannabis
products, artificially derived cannabinoids, hemp plant parts, hemp concentrate,
lower-potency hemp edibles, 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
immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially
derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, 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 immature cannabis plants
and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp
plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer
products.
new text end
new text begin Any vehicle assigned for the purposes of
transporting immature cannabis plants and seedlings, cannabis flower, cannabis products,
artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp
edibles, or hemp-derived consumer products 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, cannabis
products, hemp plant parts, hemp concentrate, artificially derived cannabinoids,
lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis
cultivators, medical cannabis processors, medical cannabis combination businesses, and
industrial hemp growers.
new text end
new text begin In addition to the information required to
be submitted under section 342.14, 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 or hemp 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 342.61 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 plants and seedlings, cannabis flower, cannabis products, lower-potency hemp
edibles, hemp-derived consumer products, hemp plant parts, hemp concentrate, and artificially
derived cannabinoids; determining batch size; sampling; testing validity; and approval and
disapproval of tested items.
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, cannabis
products, lower-potency hemp edibles, hemp-derived consumer products, hemp plant parts,
hemp concentrate, and artificially derived cannabinoids pursuant to rules adopted by the
office.
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 342.14, 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, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products
will be sold, the location where cannabis waste will be stored, and any location where
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products will be stored;
new text end
new text begin (5) a list of the name, number, and type of cannabis businesses and hemp businesses
that will sell cannabis plants, adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, 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, a
lower-potency hemp edible manufacturer license, or a lower-potency hemp edible retailer
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