Minnesota Legislature
HF 3037
as introduced - 89th Legislature (2015 - 2016) Posted on 03/14/2016 03:27pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/14/2016 |
Current Version - as introduced
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A bill for an act
relating to health; modifying provisions governing qualifying medical conditions
for purposes of the medical cannabis registry program, medical cannabis
distribution facilities, distribution of medical cannabis, and transportation
of medical cannabis; amending Minnesota Statutes 2014, sections 152.22,
subdivision 14; 152.29, subdivision 3, by adding a subdivision; Minnesota
Statutes 2015 Supplement, section 152.29, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 152.22, subdivision 14, is amended to read:
Subd. 14.
Qualifying medical condition.
"Qualifying medical condition" means a
diagnosis of any of the following conditions:
(1) cancer, if the underlying condition or treatment produces one or more of the
following:
(i) severe or chronic pain;
(ii) nausea or severe vomiting; or
(iii) cachexia or severe wasting;
(2) glaucoma;
(3) human immunodeficiency virus or acquired immune deficiency syndrome;
(4) Tourette's syndrome;
(5) amyotrophic lateral sclerosis;
(6) seizures, including those characteristic of epilepsy;
(7) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;
(8)new text begin inflammatory bowel disease, includingnew text end Crohn's disease;
(9) terminal illness, with a probable life expectancy of under one year, if the illness
or its treatment produces one or more of the following:
(i) severe or chronic pain;
(ii) nausea or severe vomiting; or
(iii) cachexia or severe wasting; or
(10) any other medical condition or its treatment approved by the commissioner.
Sec. 2.
Minnesota Statutes 2015 Supplement, section 152.29, subdivision 1, is
amended to read:
Subdivision 1.
Manufacturer; requirements.
(a) A manufacturer shall operate
four distribution facilities, which may include the manufacturer's single location for
cultivation, harvesting, manufacturing, packaging, and processing but is not required to
include that location. A manufacturer is required to begin distribution of medical cannabis
from at least one distribution facility by July 1, 2015. All distribution facilities must be
operational and begin distribution of medical cannabis by July 1, 2016.
new text begin (b) Within three months after the date on which at least 2,000 patients are enrolled in
the registry program, a manufacturer authorized to operate in even-numbered congressional
districts must operate at least two distribution facilities. The first new distribution facility
opened by each manufacturer after at least 2,000 patients are enrolled in the registry
program must be located outside of the seven-county metropolitan area. Thereafter, within
three months after the date on which each additional 1,000 patients are enrolled in the
registry program, a manufacturer must operate an additional distribution facility until the
manufacturer has four distribution facilities fully operational.new text end The distribution facilities
shall be located based on geographical need throughout the state to improve patient
access. A manufacturer shall disclose the proposed locations for the distribution facilities
to the commissioner during the registration process. A manufacturer shall operate only
one location where all cultivation, harvesting, manufacturing, packaging, and processing
shall be conducted. Any additional distribution facilities may dispense medical cannabis
and medical cannabis products but may not contain any medical cannabis in a form other
than those forms allowed under section 152.22, subdivision 6, and the manufacturer shall
not conduct any cultivation, harvesting, manufacturing, packaging, or processing at an
additional distribution facility site. Any distribution facility operated by the manufacturer
is subject to all of the requirements applying to the manufacturer under sections 152.22 to
152.37, including, but not limited to, security and distribution requirements.
(b) A medical cannabis manufacturer shall contract with a laboratory approved by
the commissioner, subject to any additional requirements set by the commissioner, for
purposes of testing medical cannabis manufactured by the medical cannabis manufacturer
as to content, contamination, and consistency to verify the medical cannabis meets the
requirements of section 152.22, subdivision 6. The cost of laboratory testing shall be
paid by the manufacturer.
(c) The operating documents of a manufacturer must include:
(1) procedures for the oversight of the manufacturer and procedures to ensure
accurate record keeping; and
(2) procedures for the implementation of appropriate security measures to deter and
prevent the theft of medical cannabis and unauthorized entrance into areas containing
medical cannabis.
(d) A manufacturer shall implement security requirements, including requirements
for protection of each location by a fully operational security alarm system, facility access
controls, perimeter intrusion detection systems, and a personnel identification system.
(e) A manufacturer shall not share office space with, refer patients to a health care
practitioner, or have any financial relationship with a health care practitioner.
(f) A manufacturer shall not permit any person to consume medical cannabis on
the property of the manufacturer.
(g) A manufacturer is subject to reasonable inspection by the commissioner.
(h) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not
subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.
(i) A medical cannabis manufacturer may not employ any person who is under 21
years of age or who has been convicted of a disqualifying felony offense. An employee of
a medical cannabis manufacturer must submit a completed criminal history records check
consent form, a full set of classifiable fingerprints, and the required fees for submission
to the Bureau of Criminal Apprehension before an employee may begin working with
the manufacturer. The bureau must conduct a Minnesota criminal history records check
and the superintendent is authorized to exchange the fingerprints with the Federal Bureau
of Investigation to obtain the applicant's national criminal history record information.
The bureau shall return the results of the Minnesota and federal criminal history records
checks to the commissioner.
(j) A manufacturer may not operate in any location, whether for distribution or
cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a
public or private school existing before the date of the manufacturer's registration with
the commissioner.
(k) A manufacturer shall comply with reasonable restrictions set by the commissioner
relating to signage, marketing, display, and advertising of medical cannabis.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2014, section 152.29, subdivision 3, is amended to read:
Subd. 3.
Manufacturer; distribution.
(a) A manufacturer shall require that
employees licensed as pharmacists pursuant to chapter 151 be the only employees to
deleted text begin distributedeleted text end new text begin give final approval for new text end thenew text begin distribution ofnew text end medical cannabis to a patient.
(b) A manufacturer may dispense medical cannabis products, whether or not the
products have been manufactured by the manufacturer, but is not required to dispense
medical cannabis products.
(c) Prior to distribution of any medical cannabis, the manufacturer shall:
(1) verify that the manufacturer has received the registry verification from the
commissioner for that individual patient;
(2) verify that the person requesting the distribution of medical cannabis is the patient,
the patient's registered designated caregiver, or the patient's parent or legal guardian listed
in the registry verification using the procedures described in section 152.11, subdivision 2d;
(3) assign a tracking number to any medical cannabis distributed from the
manufacturer;
(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to
chapter 151 has consulted with the patient to determine the proper dosage for the individual
patient after reviewing the ranges of chemical compositions of the medical cannabis and
the ranges of proper dosages reported by the commissionernew text begin . For purposes of this clause, a
consultation may be conducted remotely using a videoconference, so long as the employee
providing the consultation is able to confirm the identity of the patient, the consultation
occurs while the patient is at a distribution facility, and the consultation adheres to patient
privacy requirements that apply to health care services delivered through telemedicinenew text end ;
(5) properly package medical cannabis in compliance with the United States
Poison Prevention Packing Act regarding child-resistant packaging and exemptions for
packaging for elderly patients, and label distributed medical cannabis with a list of all
active ingredients and individually identifying information, including:
(i) the patient's name and date of birth;
(ii) the name and date of birth of the patient's registered designated caregiver or,
if listed on the registry verification, the name of the patient's parent or legal guardian,
if applicable;
(iii) the patient's registry identification number;
(iv) the chemical composition of the medical cannabis; and
(v) the dosage; and
(6) ensure that the medical cannabis distributed contains a maximum of a 30-day
supply of the dosage determined for that patient.
(d) A manufacturer shall require any employee of the manufacturer who is
transporting medical cannabis or medical cannabis products to a distribution facility to
carry identification showing that the person is an employee of the manufacturer.
Sec. 4.
Minnesota Statutes 2014, section 152.29, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Transportation of medical cannabis; staffing. new text end
new text begin
A medical cannabis
manufacturer is not required to staff a motor vehicle transporting medical cannabis with at
least two manufacturer employees.
new text end