1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/21/2019 03:37pm
A bill for an act
relating to government operations; agriculture; modifying definition of industrial
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; authorizing expedited rulemaking for industrial
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; providing a
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certification program; amending Minnesota Statutes 2018, sections 18K.02,
subdivision 3; 18K.06; proposing coding for new law in Minnesota Statutes, chapter
18K.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 18K.02, subdivision 3, is amended to read:
"Industrial
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" means the plant Cannabis sativa L. and
any part of the plant, whether growing or not, new text begin including the plant's seeds, and all the plant's
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether
growing or not, new text end with a delta-9 tetrahydrocannabinol concentration of not more than 0.3
percent on a dry weight basis. Industrial
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is not marijuana as defined in section 152.01,
subdivision 9.
Minnesota Statutes 2018, section 18K.06, is amended to read:
(a) The commissioner shall adopt rules governing the production, testing, new text begin certification,new text end
and licensing of industrial
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.
(b) Rules adopted under paragraph (a) must include, but not be limited to, provisions
governing:
(1) the supervision and inspection of industrial
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during its growth and harvest;
(2) the testing of industrial
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to determine delta-9 tetrahydrocannabinol levels;
(3) the use of background check results required under section 18K.04 to approve or
deny a license application; and
(4) any other provision or procedure necessary to carry out the purposes of this chapter.
(c) Rules issued under this section must be consistent with federal law regarding the
production, distribution, and sale of industrial
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.
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(d) The commissioner may use the expedited rulemaking process in section 14.389 to
adopt the rules required under this section.
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The commissioner must develop and implement a voluntary
program to certify (1) industrial
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produced pursuant to this chapter, and (2) products
containing industrial
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that was produced pursuant to this chapter.
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The commissioner must develop certification criteria that conform
with applicable federal standards and industry best practices. The criteria must include but
are not limited to:
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(1) the industrial
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was grown by a person licensed under this chapter; and
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(2) the industrial
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or product containing industrial
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has undergone laboratory
or other testing as necessary to satisfy applicable state and federal labeling and food safety
laws.
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After adopting certification rules under section
18K.06, the commissioner's agricultural marketing and promotion efforts must include
certified Minnesota industrial
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.
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The commissioner may charge a fee for certification of Minnesota industrial
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and products containing Minnesota industrial
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with the commissioner's costs as provided under section 16A.1285, subdivision 2.
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