HF 1672

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/07/2025 03:43pm

A bill for an act
relating to state government; modifying medical cannabis provisions; amending
Minnesota Statutes 2024, sections 342.01, subdivision 71, by adding subdivisions;
342.09, subdivision 2; 342.51, subdivision 2, by adding a subdivision; 342.52,
subdivision 9; 342.57.

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

Section 1.

Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision
to read:

new text begin Subd. 69c. new text end

new text begin Tribal medical cannabis board. new text end

new text begin "Tribal medical cannabis board" means an
agency established by a federally recognized Tribal government and authorized by the
Tribe's governing body to provide regulatory oversight and monitor compliance with a
Tribal medical cannabis program and applicable regulations.
new text end

Sec. 2.

Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to
read:

new text begin Subd. 69d. new text end

new text begin Tribal medical cannabis program. new text end

new text begin "Tribal medical cannabis program"
means a program established by a federally recognized Tribal government within the
boundaries of Minnesota that involves the commercial production, processing, sale or
distribution, and possession of medical cannabis and medical cannabis products.
new text end

Sec. 3.

Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to
read:

new text begin Subd. 69e. new text end

new text begin Tribal medical cannabis program patient. new text end

new text begin "Tribal medical cannabis program
patient" means a person who possesses a valid registration verification card or equivalent
document that is issued under the laws or regulations of a Tribal Nation within the boundaries
of Minnesota. A valid registration verification card must verify that the card holder is
enrolled in or authorized to participate in a Tribal medical cannabis program.
new text end

Sec. 4.

Minnesota Statutes 2024, section 342.01, subdivision 71, is amended to read:

Subd. 71.

Visiting patient.

"Visiting patient" means new text begin (1) new text end 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 begin or (2) an
individual who is a Tribal medical cannabis program patient new text end .

Sec. 5.

Minnesota Statutes 2024, section 342.09, subdivision 2, is amended to read:

Subd. 2.

Home cultivation of cannabis for personal adult use.

new text begin (a) new text end 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 begin (b) Pursuant to section 342.52, subdivision 9, paragraph (d), a registered designated
caregiver may cultivate up to eight cannabis plants for not more than one patient household.
In addition to eight cannabis plants for one patient household, a registered designated
caregiver may cultivate up to eight cannabis plants for the caregiver's personal adult use of
cannabis. Of the 16 or fewer total cannabis plants being grown in the registered caregiver's
residence, no more than eight may be mature, flowering plants.
new text end

Sec. 6.

Minnesota Statutes 2024, section 342.51, subdivision 2, is amended to read:

Subd. 2.

Distribution requirements.

(a) Prior to distribution of medical cannabis flower
or medical cannabinoid products to a person enrolled in the registry program, an employee
deleted text begin with a valid medical cannabis consultant certificate issued by the office or a licensed
pharmacist under chapter 151 deleted text end new text begin of a cannabis business new text end must:

(1) review and confirm the patient's enrollment in the registry program;

(2) verify that the person requesting the distribution of medical cannabis flower or
medical cannabinoid products is the patient, the patient's registered designated caregiver,
or the patient's parent, legal guardian, or spouse using the procedures established by the
office;

(3) deleted text begin provide deleted text end new text begin confirm that the patient had a new text end consultation deleted text begin to the patient deleted text end new text begin with (i) an employee
with a valid medical cannabis consultant certificate issued by the office; or (ii) an employee
who is a licensed pharmacist under chapter 151 new text end to determine the proper medical cannabis
flower or medical cannabinoid product, dosage, and paraphernalia for the patient if required
under subdivision 3;

(4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid
product that includes recommended dosage requirements and other information as required
by the office; and

(5) provide the patient with any other information required by the office.

(b) A cannabis business with a medical cannabis retail endorsement may not deliver
medical cannabis flower or medical cannabinoid products to a person enrolled in the registry
program unless the cannabis business with a medical cannabis retail endorsement also holds
a cannabis delivery service license. The delivery of medical cannabis flower and medical
cannabinoid products are subject to the provisions of section 342.42.

Sec. 7.

Minnesota Statutes 2024, section 342.51, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Distribution to visiting patients. new text end

new text begin (a) A cannabis business with a medical
cannabis retail endorsement may distribute medical cannabis flower or medical cannabinoid
products to a visiting patient.
new text end

new text begin (b) Before receiving a distribution of medical cannabis, a visiting patient must provide
to an employee of the cannabis business:
new text end

new text begin (1) a valid medical cannabis registration verification card or equivalent document issued
under the laws and regulations of another state, district, commonwealth, Tribal Nation, or
territory that indicates that the visiting patient is authorized to use medical cannabis in the
issuing jurisdiction; and
new text end

new text begin (2) a valid photographic identification card issued by the visiting patient's medical
cannabis program, a valid driver's license, or a valid state identification card.
new text end

new text begin (c) Prior to the distribution of medical cannabis flower or medical cannabinoid products
to a visiting patient, an employee of a cannabis business must:
new text end

new text begin (1) ensure that a patient-specific label has been applied to all medical cannabis flower
and medical cannabinoid products. The label must include the recommended dosage
requirements and other information required by the office; and
new text end

new text begin (2) provide the patient with any other information required by the office.
new text end

new text begin (d) For each transaction that involves a visiting patient, a cannabis business with a
medical cannabis retail endorsement must report to the office on a weekly basis:
new text end

new text begin (1) the name of the visiting patient;
new text end

new text begin (2) the name of the medical cannabis program in which the visiting patient is enrolled;
new text end

new text begin (3) the amount and dosages of medical cannabis distributed;
new text end

new text begin (4) the chemical composition of the medical cannabis distributed; and
new text end

new text begin (5) the tracking number assigned to the medical cannabis that was distributed to the
visiting patient.
new text end

new text begin (e) A cannabis business with a medical cannabis retail endorsement may distribute
medical cannabis flower and medical cannabinoid products to a visiting patient in a motor
vehicle if:
new text end

new text begin (1) an employee of the cannabis business receives payment and distributes medical
cannabis flower and medical cannabinoid products in a designated zone that is as close as
feasible to the front door of the facility where the cannabis business is located;
new text end

new text begin (2) the cannabis business with a medical cannabis retail endorsement ensures that the
receipt of payment and distribution of medical cannabis flower and medical cannabinoid
products are visually recorded by a closed-circuit television surveillance camera and provides
any other necessary security safeguards required by the office;
new text end

new text begin (3) the cannabis business with a medical cannabis retail endorsement does not store
medical cannabis flower or medical cannabinoid products outside a restricted access area;
new text end

new text begin (4) an employee of the cannabis business transports medical cannabis flower and medical
cannabinoid products from a restricted access area to the designated zone for distribution
to patients only after confirming that the visiting patient has arrived in the designated zone;
new text end

new text begin (5) the payment for and distribution of medical cannabis flower and medical cannabinoid
products to a patient only occurs after meeting the requirements in paragraph (b);
new text end

new text begin (6) immediately following the distribution of medical cannabis flower or medical
cannabinoid products to a patient, an employee of the cannabis business records the
transaction in the statewide monitoring system; and
new text end

new text begin (7) immediately following the distribution of medical cannabis flower and medical
cannabinoid products, an employee of the cannabis business transports all payments received
into the facility where the cannabis business is located.
new text end

Sec. 8.

Minnesota Statutes 2024, section 342.52, subdivision 9, is amended to read:

Subd. 9.

Registered designated caregiver.

(a) The office must register a designated
caregiver for a patient if the patient requires assistance in administering medical cannabis
flower or medical cannabinoid products; obtaining medical cannabis flower, medical
cannabinoid products, or medical cannabis paraphernalia from a cannabis business with a
medical cannabis retail endorsement; or cultivating cannabis plants as permitted by section
342.09, subdivision 2.

(b) In order to serve as a designated caregiver, a person must:

(1) be at least 18 years of age;

(2) agree to only possess the patient's medical cannabis flower and medical cannabinoid
products for purposes of assisting the patient; and

(3) agree that if the application is approved, the person will not serve as a registered
designated caregiver for more than six registered patients at one time. Patients who reside
in the same residence count as one patient.

(c) Nothing in this section shall be construed to prevent a registered designated caregiver
from being enrolled in the registry program as a patient and possessing and administering
medical cannabis flower or medical cannabinoid products as a patient.

(d) Notwithstanding any law to the contrary, a registered designated caregiver approved
to assist a patient enrolled in the registry program with obtaining medical cannabis flower
may cultivate cannabis plants on behalf of one patient. A registered designated caregiver
may grow up to eight cannabis plants for the patient household that the registered designated
caregiver is approved to assist with obtaining medical cannabis flower. If a patient enrolled
in the registry program directs the patient's registered designated caregiver to cultivate
cannabis plants on behalf of the patient, the patient must assign the patient's right to cultivate
cannabis plants to the registered designated caregiver and deleted text begin the deleted text end new text begin notify the office. A new text end patient
new text begin who assigns the patient's right to cultivate cannabis plants to a registered caregiver new text end is
prohibited from cultivating cannabis plants for personal use. Nothing in this paragraph limits
the right of a registered designated caregiver cultivating cannabis plants on behalf of a
patient enrolled in the registry program to also cultivate cannabis plants for personal use
pursuant to section 342.09, subdivision 2.

Sec. 9.

Minnesota Statutes 2024, section 342.57, is amended to read:

342.57 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS.

Subdivision 1.

Presumption.

new text begin (a) new text end There is a presumption that deleted text begin a patient or other person deleted text end new text begin
an individual new text end enrolled in the registry program new text begin or a Tribal medical cannabis program patient
new text end is engaged in the authorized use or possession of medical cannabis flower and medical
cannabinoid products.

new text begin (b) new text end This presumption may be rebutted by evidence that new text begin :
new text end

new text begin (1) new text end the use or possession of medical cannabis flower or medical cannabinoid products
by a patient or other person enrolled in the registry program was not for the purpose of
assisting with, treating, or alleviating the patient's qualifying medical condition or symptoms
associated with the patient's qualifying medical condition deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) a Tribal medical cannabis program patient's use of medical cannabis was not for a
purpose authorized by the Tribal medical cannabis program.
new text end

Subd. 2.

Criminal and civil protections.

(a) Subject to section 342.56, the following
are not violations of this chapter or chapter 152:

(1) use or possession of medical cannabis flower, medical cannabinoid products, or
medical cannabis paraphernalia by a patient enrolled in the registry program deleted text begin or by deleted text end new text begin , new text end a visiting
patient new text begin , or a Tribal medical cannabis program patient new text end to whom medical cannabis flower or
medical cannabinoid products are distributed under section 342.51, subdivision 5;

(2) possession of medical cannabis flower, medical cannabinoid products, or medical
cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or
spouse of a patient enrolled in the registry program; or

(3) possession of medical cannabis flower, medical cannabinoid products, or medical
cannabis paraphernalia by any person while carrying out duties required under sections
342.51 to 342.60.

(b) The Office of Cannabis Management, members of the Cannabis Advisory Council,
Office of Cannabis Management employees, agents or contractors of the Office of Cannabis
Management, new text begin members of a Tribal medical cannabis board, a Tribal medical cannabis board's
staff, a Tribal medical cannabis board's agents or contractors, new text end and health care practitioners
participating in the registry program are not subject to any civil penalties or disciplinary
action by the Board of Medical Practice, the Board of Nursing, or any business, occupational,
or professional licensing board or entity solely for participating in the registry program new text begin or
in a Tribal medical cannabis program new text end either in a professional capacity or as a patient. A
pharmacist licensed under chapter 151 is not subject to any civil penalties or disciplinary
action by the Board of Pharmacy when acting in accordance with sections 342.51 to 342.60
either in a professional capacity or as a patient. Nothing in this section prohibits a professional
licensing board from taking action in response to a violation of law.

(c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the
governor, or an employee of a state agency must not be held civilly or criminally liable for
any injury, loss of property, personal injury, or death caused by any act or omission while
acting within the scope of office or employment under sections 342.51 to 342.60.

(d) Federal, state, and local law enforcement authorities are prohibited from accessing
the registry except when acting pursuant to a valid search warrant. Notwithstanding section
13.09, a violation of this paragraph is a gross misdemeanor.

(e) Notwithstanding any law to the contrary, the office and employees of the office must
not release data or information about an individual contained in any report or document or
in the registry and must not release data or information obtained about a patient enrolled in
the registry program, except as provided in sections 342.51 to 342.60. Notwithstanding
section 13.09, a violation of this paragraph is a gross misdemeanor.

(f) No information contained in a report or document, contained in the registry, or
obtained from a patient under sections 342.51 to 342.60 new text begin or from a Tribal medical cannabis
program patient new text end may be admitted as evidence in a criminal proceeding, unless:

(1) the information is independently obtained; or

(2) admission of the information is sought in a criminal proceeding involving a criminal
violation of sections 342.51 to 342.60.

(g) Possession of a registry verification or an application for enrollment in the registry
program new text begin and possession of a verification or its equivalent issued by a Tribal medical cannabis
program or application for enrollment in a Tribal medical cannabis program by a person
entitled to possess the verification or application new text end :

(1) does not constitute probable cause or reasonable suspicion;

(2) must not be used to support a search of the person or property of the person with a
registry verification or application to enroll in the registry program; and

(3) must not subject the person or the property of the person to inspection by any
government agency.

new text begin (h) A patient enrolled in the registry program or in a Tribal medical cannabis program
must not be subject to any penalty or disciplinary action by an occupational or a professional
licensing board solely because:
new text end

new text begin (1) the patient is enrolled in the registry program; or
new text end

new text begin (2) the patient has a positive test for cannabis components or metabolites.
new text end

Subd. 3.

School enrollment; rental property.

(a) No school may refuse to enroll or
otherwise penalize a patient or person enrolled in the registry program as a pupil solely
because the patient or person is enrolled in the registry program new text begin or a Tribal medical cannabis
program new text end , unless failing to do so would violate federal law or regulations or cause the school
to lose a monetary or licensing-related benefit under federal law or regulations.

(b) No landlord may refuse to lease to a patient or person enrolled in the registry program
or otherwise penalize a patient or person enrolled in the registry program solely because
the patient or person is enrolled in the registry program new text begin or a Tribal medical cannabis program new text end ,
unless failing to do so would violate federal law or regulations or cause the landlord to lose
a monetary or licensing-related benefit under federal law or regulations.

new text begin (c) A school must not refuse to enroll a patient as a pupil solely because cannabis is a
controlled substance according to the Uniform Controlled Substances Act, United States
Code, title 21, section 812.
new text end

new text begin (d) A school must not penalize a pupil who is a patient solely because cannabis is a
controlled substance according to the Uniform Controlled Substances Act, United States
Code, title 21, section 812.
new text end

new text begin (e) A landlord must not refuse to lease a property to a patient solely because cannabis
is a controlled substance according to the Uniform Controlled Substances Act, United States
Code, title 21, section 812.
new text end

new text begin (f) A landlord must not otherwise penalize a patient solely because cannabis is a controlled
substance according to the Uniform Controlled Substances Act, United States Code, title
21, section 812.
new text end

Subd. 4.

Medical care.

For purposes of medical care, including organ transplants, a
patient's use of medical cannabis flower or medical cannabinoid products according to
sections 342.51 to 342.60 new text begin , or a Tribal medical cannabis program patient's use of medical
cannabis as authorized by the Tribal medical cannabis program, new text end is considered the equivalent
of the authorized use of a medication used at the discretion of a health care practitioner and
does not disqualify a patient from needed medical care.

Subd. 5.

Employment.

(a) Unless a failure to do so would violate federal or state law
or regulations or cause an employer to lose a monetary or licensing-related benefit under
federal law or regulations, an employer may not discriminate against a person in hiring,
termination, or any term or condition of employment, or otherwise penalize a person, if the
discrimination is based on:

(1) the person's status as deleted text begin a patient or person deleted text end new text begin an individual new text end enrolled in the registry program;
deleted text begin or
deleted text end

new text begin (2) the person's status as a Tribal medical cannabis program patient; or
new text end

deleted text begin (2) deleted text end new text begin (3) new text end a patient's positive drug test for cannabis components or metabolites, unless the
patient used, possessed, sold, transported, or was impaired by medical cannabis flower or
a medical cannabinoid product on work premises, during working hours, or while operating
an employer's machinery, vehicle, or equipment.

(b) An employee who is a patient new text begin in the registry program or a Tribal medical cannabis
program new text end and whose employer requires the employee to undergo drug testing according to
section 181.953 may present the employee's registry verification new text begin or verification of enrollment
in a Tribal medical cannabis program new text end as part of the employee's explanation under section
181.953, subdivision 6.

new text begin Subd. 5a. new text end

new text begin Notice. new text end

new text begin An employer, a school, or a landlord must provide written notice to
a patient at least 14 days before the employer, school, or landlord takes an action against
the patient that is prohibited under subdivision 3 or 5. The written notice must cite the
specific federal law or regulation that the employer, school, or landlord believes would be
violated if the employer, school, or landlord fails to take action. The notice must specify
what monetary or licensing-related benefit under federal law or regulations that the employer,
school, or landlord would lose if the employer, school, or landlord fails to take action.
new text end

Subd. 6.

Custody; visitation; parenting time.

A person must not be denied custody of
a minor child or visitation rights or parenting time with a minor child based solely on the
person's status as deleted text begin a patient or person deleted text end new text begin an individual new text end enrolled in the registry program new text begin or on
the person's status as a Tribal medical cannabis program patient new text end . There must be no
presumption of neglect or child endangerment for conduct allowed under sections 342.51
to 342.60 new text begin or under a Tribal medical cannabis program new text end , unless the person's behavior creates
an unreasonable danger to the safety of the minor as established by clear and convincing
evidence.

new text begin Subd. 6a. new text end

new text begin Retaliation prohibited. new text end

new text begin A school, a landlord, a health care facility, or an
employer must not retaliate against a patient for asserting the patient's rights or seeking
remedies under this section or section 152.32.
new text end

Subd. 7.

Action for damages new text begin ; injunctive relief new text end .

In addition to any other remedy provided
by law, deleted text begin a patient or person deleted text end new text begin an individual new text end enrolled in the registry program new text begin or a Tribal medical
cannabis program new text end may bring an action for damages against any person who violates
subdivision 3, 4, or 5. A person who violates subdivision 3, 4, or 5 is liable to deleted text begin a patient or
person deleted text end new text begin an individual new text end enrolled in the registry program new text begin or a Tribal medical cannabis program
new text end injured by the violation for the greater of the person's actual damages or a civil penalty of
deleted text begin $100 deleted text end new text begin $1,000 new text end and reasonable attorney fees. new text begin A patient may bring an action for injunctive relief
to prevent or end a violation of subdivisions 3 to 6a.
new text end

Subd. 8.

Sanctions restricted for those on parole, supervised release, or conditional
release.

(a) This subdivision applies to an individual placed on parole, supervised release,
or conditional release.

(b) The commissioner of corrections may not:

(1) prohibit an individual from participating in the registry program new text begin or a Tribal medical
cannabis program new text end as a condition of release; or

(2) revoke an individual's parole, supervised release, or conditional release or otherwise
sanction an individual solely:

(i) for participating in the registry program new text begin or a Tribal medical cannabis program new text end ; or

(ii) for a positive drug test for cannabis components or metabolites.