HF 2463

as introduced - 90th Legislature (2017 - 2018) Posted on 04/07/2017 04:20pm

A bill for an act
relating to health; authorizing the commissioner of health to levy certain penalties
against medical cannabis manufacturers; amending Minnesota Statutes 2016,
sections 152.25, by adding a subdivision; 152.33, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 152.25, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Revocation of medical cannabis manufacturer registration. new text end

new text begin (a) If the
commissioner intends to revoke a registration issued under this section, the commissioner
must first notify in writing the manufacturer against whom the action is to be taken and
provide the manufacturer with an opportunity to request a hearing under the contested case
provisions of chapter 14. If the manufacturer does not request a hearing by notifying the
commissioner in writing within 20 days after receipt of the notice of proposed revocation,
the commissioner may proceed with the action without a hearing. The registration of a
manufacturer is considered revoked on the date specified in the commissioner's written
notice of revocation.
new text end

new text begin (b) Upon the revocation of a manufacturer's registration, the commissioner shall notify
in writing each patient and the patient's registered designated caregiver or registered parent
or legal guardian about the outcome of the proceeding and information regarding alternative
registered manufacturers. This notice must be provided two or more business days prior to
the revocation's effective date.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from February 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2016, section 152.33, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Intentional diversion outside the state; penalties. new text end

new text begin In addition to any other
applicable penalty in law, the commissioner shall levy a fine of $1,000,000 against a
manufacturer and immediately initiate proceedings to revoke the manufacturer's registration,
using the procedure in section 152.25, subdivision 1a, if:
new text end

new text begin (1) an employee or agent of the manufacturer pleads or is found guilty under subdivision
1 of intentionally transferring medical cannabis, while the person was an employee or agent
of the manufacturer, to a person other than allowed by law; and
new text end

new text begin (2) in intentionally transferring medical cannabis to a person other than allowed by law,
the employee or agent transported medical cannabis outside of Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from February 1, 2017, and
applies to the manufacturer if a person pleads guilty or is found guilty on or after that date.
new text end