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HF 1440

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to health; enacting the Compassionate Use Act 
  1.3             to protect seriously ill patients from prosecution and 
  1.4             prison for using medicinal marijuana under a 
  1.5             physician's supervision; imposing criminal penalties; 
  1.6             authorizing rulemaking; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 152. 
  1.9                              ARTICLE 1 
  1.10                       COMPASSIONATE USE ACT 
  1.11     Section 1.  [FINDINGS AND PURPOSE.] 
  1.12     (a) The legislature finds that modern medical research has 
  1.13  discovered a beneficial use for marijuana in treating or 
  1.14  alleviating the pain or other symptoms associated with certain 
  1.15  debilitating illnesses such as cancer, glaucoma, human 
  1.16  immunodeficiency virus, acquired immune deficiency syndrome, 
  1.17  multiple sclerosis, epilepsy, and Crohn's disease.  There is 
  1.18  sufficient medical and anecdotal evidence to support the 
  1.19  proposition that these diseases and conditions may respond 
  1.20  favorably to a medically controlled use of marijuana. 
  1.21     (b) The legislature is aware of the legal problems 
  1.22  associated with the legal acquisition of marijuana for medical 
  1.23  use.  However, the legislature believes that medical scientific 
  1.24  evidence on the medicinal benefits of marijuana should be 
  1.25  recognized.  Although federal law expressly prohibits the use of 
  1.26  marijuana, the legislature recognizes that a number of states 
  2.1   are taking the initiative in permitting the use of marijuana for 
  2.2   medical purposes.  Voter and legislative initiatives permitting 
  2.3   the medical use of marijuana have passed in California, Arizona, 
  2.4   Oregon, Washington, Alaska, Maine, Nevada, Hawaii, and the 
  2.5   District of Columbia. 
  2.6      (c) The legislature intends to join in this initiative for 
  2.7   the health and welfare of its citizens.  However, the 
  2.8   legislature does not intend to legalize marijuana for other than 
  2.9   medical purposes.  The passage of this act and the policy 
  2.10  underlying it does not in any way diminish the legislature's 
  2.11  strong public policy and laws against illegal drug use. 
  2.12     (d) Therefore, the purpose of this act is to ensure that 
  2.13  seriously ill people are not penalized by the state for the use 
  2.14  of marijuana for strictly medical purposes when the patient's 
  2.15  treating physician provides a professional opinion that the 
  2.16  benefits of medical use of marijuana would likely outweigh the 
  2.17  health risks for the qualifying patient.  
  2.18     (e) This act shall be known as the "Compassionate Use Act." 
  2.19                             ARTICLE 2 
  2.20                      MEDICAL USE OF MARIJUANA 
  2.21     Section 1.  [152.22] [MEDICAL USE OF MARIJUANA.] 
  2.22     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  2.23  section, the following terms have the meanings given. 
  2.24     (a) "Adequate supply" means no more marijuana than is 
  2.25  necessary to ensure, throughout the projected course of 
  2.26  treatment, the uninterrupted availability of marijuana to treat 
  2.27  or alleviate the pain or other symptoms associated with a 
  2.28  qualifying patient's debilitating medical condition or to treat 
  2.29  such condition, provided that an adequate supply is between one 
  2.30  ounce and 10.5 ounces, but no more than a 60-day supply. 
  2.31     (b) "Debilitating medical condition" means a medical 
  2.32  condition or treatment for such a condition that produces, for a 
  2.33  specific patient, one or more of the following:  increased 
  2.34  intraocular pressure from glaucoma; appetite loss, cachexia, or 
  2.35  wasting syndrome; severe nausea and vomiting; spastic conditions 
  2.36  or conditions having persistent muscle spasms; severe pain; and 
  3.1   seizures including, but not limited to, seizures characteristic 
  3.2   of epilepsy.  Such medical conditions include but are not 
  3.3   limited to: 
  3.4      (1) glaucoma, cancer, Crohn's disease, positive status for 
  3.5   human immunodeficiency virus (HIV) or acquired immunodeficiency 
  3.6   syndrome (AIDS), cerebral palsy, spinal cord injuries, multiple 
  3.7   sclerosis, or scleroderma; or 
  3.8      (2) any other medical condition approved by the 
  3.9   commissioner of health, pursuant to the commissioner's authority 
  3.10  under subdivision 13 to consider petitions submitted by 
  3.11  physicians and potentially qualifying patients requesting to add 
  3.12  a particular disease or medical condition to those included in 
  3.13  this paragraph. 
  3.14     (c) "Medical use of marijuana" means the acquisition, 
  3.15  possession, cultivation, use, distribution, or transportation of 
  3.16  marijuana, or equipment or supplies related to the 
  3.17  administration of marijuana, as necessary for the exclusive 
  3.18  benefit of a qualifying patient to mitigate the symptoms or 
  3.19  effects of the qualifying patient's debilitating medical 
  3.20  condition. 
  3.21     (d) "Physician" or "doctor" means a person licensed in good 
  3.22  standing to practice medicine under chapter 147, who has primary 
  3.23  responsibility for the care and treatment of a person diagnosed 
  3.24  with a debilitating medical condition.  
  3.25     (e) "Primary caregiver" means a person, other than the 
  3.26  qualifying patient and the qualifying patient's physician, who 
  3.27  is 18 years of age or older and has agreed to undertake 
  3.28  significant responsibility for managing the well-being of no 
  3.29  more than three qualifying patients at any one time with respect 
  3.30  to the medical use of marijuana.  In the case of a qualifying 
  3.31  patient who is a minor or an adult lacking legal capacity, the 
  3.32  primary caregiver is the patient's parent, the patient's 
  3.33  guardian, or the person having legal custody of the patient.  
  3.34     (f) "Qualifying patient" means an individual who has been 
  3.35  diagnosed by a physician as having a debilitating medical 
  3.36  condition. 
  4.1      (g) "Usable marijuana" means the dried leaves and flowers 
  4.2   of the plant Cannabis, family Moraceae, and any mixture or 
  4.3   preparation of the dried leaves and flowers, that are 
  4.4   appropriate for medical use as allowed in this section.  Usable 
  4.5   marijuana does not include the seeds, stalks, and roots of the 
  4.6   plant. 
  4.7      (h) "Written documentation" means the qualifying patient's 
  4.8   medical records or a statement signed by the qualifying 
  4.9   patient's physician stating that in the physician's professional 
  4.10  opinion, the qualifying patient has a debilitating medical 
  4.11  condition and the potential benefits of the medical use of 
  4.12  marijuana would likely outweigh the health risks for the 
  4.13  qualifying patient.  
  4.14     Subd. 2.  [CONDITIONS OF USE.] (a) Notwithstanding any law 
  4.15  to the contrary, the medical use of marijuana by a qualifying 
  4.16  patient or a primary caregiver's furnishing of marijuana for 
  4.17  medical use by the qualifying patient according to this section 
  4.18  is permitted only if: 
  4.19     (1) the qualifying patient has been diagnosed by a 
  4.20  physician as having a debilitating medical condition; 
  4.21     (2) the qualifying patient's physician has certified in 
  4.22  writing that, in the physician's professional opinion, the 
  4.23  potential benefits of the medical use of marijuana would likely 
  4.24  outweigh the health risks for the particular qualifying patient; 
  4.25  and 
  4.26     (3) the amount of marijuana does not exceed an adequate 
  4.27  supply. 
  4.28     (b) Paragraph (a) does not apply to a qualifying patient 
  4.29  under the age of 18 years, unless: 
  4.30     (1) the qualifying patient's physician has explained the 
  4.31  potential risks and benefits of the medical use of marijuana to 
  4.32  the qualifying patient and to a parent, guardian, or person 
  4.33  having legal custody of the patient; and 
  4.34     (2) a parent, guardian, or person having legal custody of 
  4.35  the patient consents in writing to: 
  4.36     (i) allow the qualified patient's medical use of marijuana; 
  5.1      (ii) serve as the qualifying patient's primary caregiver; 
  5.2   and 
  5.3      (iii) control the acquisition of the marijuana, the dosage, 
  5.4   and the frequency of the medical use of marijuana by the 
  5.5   qualifying patient. 
  5.6      (c) The authorization for medical use of marijuana in this 
  5.7   section shall not apply to: 
  5.8      (1) medical use of marijuana that endangers the health or 
  5.9   well-being of another person; 
  5.10     (2) medical use of marijuana: 
  5.11     (i) in a school bus, public bus, or any moving vehicle; 
  5.12     (ii) in the workplace of one's employment; 
  5.13     (iii) on any school grounds; 
  5.14     (iv) at any public park, public beach, public recreation 
  5.15  center, or youth center; or 
  5.16     (v) at any other place open to the public; and 
  5.17     (3) use of marijuana by a qualifying patient, parent, or 
  5.18  primary caregiver for purposes other than medical use permitted 
  5.19  by this section. 
  5.20     Subd. 3.  [REGISTRATION.] (a) The qualifying patient may 
  5.21  register with, and provide a copy of the written documentation 
  5.22  to, the commissioner of health within ten working days of 
  5.23  receipt of the written documentation by the treating physician.  
  5.24  The commissioner of health shall issue to the qualifying patient 
  5.25  a registration certificate and may charge a reasonable fee, not 
  5.26  to exceed $25. 
  5.27     (b) Upon an inquiry by a law enforcement agency, the 
  5.28  commissioner of health shall verify whether the particular 
  5.29  qualifying patient is registered with the commissioner and may 
  5.30  provide reasonable access to the registry information for 
  5.31  official law enforcement purposes only. 
  5.32     Subd. 4.  [INSURANCE NOT APPLICABLE.] This section shall 
  5.33  not be construed to require insurance coverage for the medical 
  5.34  use of marijuana. 
  5.36  PENALTIES.] (a) It is lawful for a qualifying patient who has 
  6.1   obtained written documentation from the qualifying patient's 
  6.2   physician in the context of a bona fide physician-patient 
  6.3   relationship to engage in the medical use of marijuana only as 
  6.4   justified to mitigate the symptoms or effects of the qualifying 
  6.5   patient's debilitating medical condition, provided the 
  6.6   qualifying patient's quantity of marijuana does not exceed an 
  6.7   adequate supply.  Except as allowed in paragraph (b), a 
  6.8   qualified patient and that person's designated primary caregiver 
  6.9   may not collectively possess, deliver, or produce more than the 
  6.10  following: 
  6.11     (1) one ounce of usable marijuana, if the person is present 
  6.12  in a location where marijuana is not produced, including any 
  6.13  residence associated with that location; and 
  6.14     (2) three mature marijuana plants, four immature marijuana 
  6.15  plants, and an adequate supply of usable marijuana, if the 
  6.16  person is present at a location where marijuana is produced, 
  6.17  including any residence associated with that location. 
  6.18     (b) If a qualifying patient and the patient's primary 
  6.19  caregiver collectively possess, deliver, or produce marijuana in 
  6.20  excess of the amounts allowed in paragraph (a), they are not 
  6.21  excepted from the criminal laws of the state but may establish 
  6.22  an affirmative defense to the charges, by a preponderance of 
  6.23  evidence, that the greater amount is medically necessary to 
  6.24  mitigate the symptoms or effects of the qualifying patient's 
  6.25  debilitating medical condition. 
  6.26     Subd. 6.  [LEGAL PROTECTION; PRIMARY CAREGIVERS.] When the 
  6.27  acquisition, possession, cultivation, distribution, 
  6.28  transportation, or administration of marijuana by a qualifying 
  6.29  patient is not practicable, the legal protections established by 
  6.30  this section for a qualifying patient shall extend to that 
  6.31  patient's primary caregiver.  The protections for the primary 
  6.32  caregiver extend only insofar as the actions of the caregiver 
  6.33  are necessary for the qualifying patient's medical use of 
  6.34  marijuana and the actions of a primary caregiver are subject to 
  6.35  the restrictions in subdivision 12. 
  6.36     Subd. 7.  [PHYSICIAN OPINIONS.] No physician is subject to 
  7.1   arrest, prosecution, disciplinary action by the board of medical 
  7.2   practice, or the denial of any right or privilege for providing 
  7.3   a professional opinion or written documentation to a person: 
  7.4      (1) whom the physician has diagnosed as having a 
  7.5   debilitating medical condition for which other medications are 
  7.6   contraindicated, have not provided sufficient relief to the 
  7.7   person, or cause unacceptable side effects; 
  7.8      (2) with whom the potential risks and benefits of the 
  7.9   medical use of marijuana have been discussed; and 
  7.10     (3) for whom the physician has made a professional 
  7.11  assessment of the person's medical history and current medical 
  7.12  condition in the course of a bona fide physician-patient 
  7.13  relationship, which must serve as the basis of the physician's 
  7.14  professional opinion or written documentation. 
  7.15     Subd. 8.  [PHYSICIAN TESTIMONY.] In any legal proceeding in 
  7.16  which rights created by this section are asserted, a physician 
  7.17  called as a witness shall be informed of the physician's 
  7.18  personal rights and shall be permitted to testify before a 
  7.19  judge, in camera.  If the physician so requests, the physician's 
  7.20  name and any other identifying information shall be redacted 
  7.21  when the physician's testimony is introduced in a public hearing 
  7.22  and the court shall maintain the physician's name and 
  7.23  identifying information under seal. 
  7.24     Subd. 9.  [PROPERTY NOT FORFEITED.] Any property interest 
  7.25  that is possessed, owned, leased, or used in connection with the 
  7.26  medical use of marijuana, or acts incidental to such use, must 
  7.27  not be harmed, neglected, injured, or destroyed while in the 
  7.28  possession of state or local law enforcement officials when the 
  7.29  property has been seized in connection with the claimed medical 
  7.30  use of marijuana.  Any property interest must not be forfeited 
  7.31  under any provision of state law providing for the forfeiture of 
  7.32  property other than as a sentence imposed after a criminal 
  7.33  conviction.  Marijuana, equipment, supplies, and other property 
  7.34  seized by state or local law enforcement officials from a 
  7.35  qualifying patient or primary caregiver in connection with the 
  7.36  claimed medical use of marijuana shall be returned immediately 
  8.1   upon the determination of the court that the qualifying patient 
  8.2   or primary caregiver is entitled to the protections contained in 
  8.3   this section, as may be evidenced, for example, by a decision 
  8.4   not to prosecute, the dismissal of charges, or acquittal. 
  8.5      Subd. 10.  [PROHIBITED PROSECUTIONS.] No person may be 
  8.6   prosecuted for constructive possession, conspiracy, or any other 
  8.7   criminal offense solely for being in the presence or vicinity of 
  8.8   the medical use of marijuana. 
  8.9      Subd. 11.  [AFFIRMATIVE DEFENSE.] Except as provided in 
  8.10  subdivision 12, a qualifying patient or primary caregiver 
  8.11  charged with a violation of state law related to the claimed 
  8.12  medical use of marijuana may raise as an affirmative defense 
  8.13  that the medical use is authorized by subdivision 2, 5, or 6.  
  8.14  The affirmative defense shall be presumed valid when the 
  8.15  evidence shows that: 
  8.16     (1) the qualifying patient has been diagnosed by a 
  8.17  physician as having a debilitating medical condition; 
  8.18     (2) the qualifying patient's physician, in the context of a 
  8.19  bona fide physician-patient relationship, has advised that, in 
  8.20  the physician's professional opinion, the potential benefits of 
  8.21  the medical use of marijuana may mitigate the symptoms or 
  8.22  effects of the qualifying patient's debilitating medical 
  8.23  condition and would likely outweigh the risks for the particular 
  8.24  qualifying patient, including insufficient relief or side 
  8.25  effects or contraindications of other medications; 
  8.26     (3) the qualifying patient is engaged in the medical use of 
  8.27  marijuana; and 
  8.28     (4) one of the following provisions applies: 
  8.29     (i) the qualifying patient and primary caregiver were 
  8.30  collectively producing or in possession of a quantity of 
  8.31  marijuana that does not exceed an adequate supply; or 
  8.32     (ii) if the qualifying patient or primary caregiver 
  8.33  collectively produced or possessed a quantity of marijuana that 
  8.34  exceeds an adequate supply, the person proves by a preponderance 
  8.35  of the evidence that the greater amount is medically necessary 
  8.36  to mitigate the symptoms or effects of the qualifying patient's 
  9.1   debilitating medical condition. 
  9.2      Subd. 12.  [RESTRICTIONS AND PENALTIES.] (a) This section 
  9.3   is not intended to condone or promote the cultivation, use, or 
  9.4   possession of marijuana for recreational purposes or any use 
  9.5   other than medical use.  No person, including a qualifying 
  9.6   patient or primary caregiver, is entitled to the protections of 
  9.7   this section for acquisition, possession, cultivation, use, 
  9.8   distribution, transportation, or administration of marijuana for 
  9.9   any use other than medical use.  
  9.10     (b) Fraudulent representation of medical use of marijuana 
  9.11  by a person to a law enforcement official for the purpose of 
  9.12  avoiding arrest and prosecution is a misdemeanor and shall be 
  9.13  punishable by up to 30 days in jail, a $500 fine, or both.  This 
  9.14  penalty shall be in addition to any other penalties that may 
  9.15  apply for the nonmedical use of marijuana.  
  9.16     (c) No qualifying patient may engage in the medical use of 
  9.17  marijuana in a way that harms the health or well-being of 
  9.18  another person. 
  9.19     Subd. 13.  [OTHER MEDICAL CONDITIONS; RULEMAKING.] Upon a 
  9.20  petition from a physician or potentially qualifying patient, the 
  9.21  commissioner of health may classify additional medical 
  9.22  conditions or treatments for such conditions as debilitating 
  9.23  medical conditions for which the medical use of marijuana is 
  9.24  authorized under this section.  The commissioner shall: 
  9.25     (1) establish a procedure for evaluating such petitions; 
  9.26     (2) approve or deny a petition within 90 days of receiving 
  9.27  the petition; and 
  9.28     (3) if the petition is approved, adopt rules regarding the 
  9.29  condition or treatment as a debilitating medical condition 
  9.30  within 120 days of the petition's approval. 
  9.31     Subd. 14.  [SEVERABILITY.] If any provision of this section 
  9.32  or the application thereof to any person or circumstance is held 
  9.33  invalid, that invalidity shall not affect other provisions or 
  9.34  applications of this section which can be given effect without 
  9.35  the invalid provision or application, and to this end the 
  9.36  provisions of this section are severable. 
 10.1      Sec. 2.  [EFFECTIVE DATE.] 
 10.2      Section 1 is effective August 1, 2003, and applies to 
 10.3   crimes committed on or after that date.