HF 3669

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; establishing an affirmative 
  1.3             defense for a person who possesses or provides a small 
  1.4             amount of marijuana solely for use with a debilitating 
  1.5             medical condition; amending Minnesota Statutes 1998, 
  1.6             section 152.027, subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 152.027, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
  1.11  MARIJUANA.] (a) A person who unlawfully sells a small amount of 
  1.12  marijuana for no remuneration, or who unlawfully possesses a 
  1.13  small amount of marijuana is guilty of a petty misdemeanor 
  1.14  punishable by a fine of up to $200 and participation in a drug 
  1.15  education program unless the court enters a written finding that 
  1.16  a drug education program is inappropriate.  The program must be 
  1.17  approved by an area mental health board with a curriculum 
  1.18  approved by the state alcohol and drug abuse authority. 
  1.19     (b) A person convicted of an unlawful sale under paragraph 
  1.20  (a) who is subsequently convicted of an unlawful sale under 
  1.21  paragraph (a) within two years is guilty of a misdemeanor and 
  1.22  shall be required to participate in a chemical dependency 
  1.23  evaluation and treatment if so indicated by the evaluation. 
  1.24     (c) A person who is convicted of a petty misdemeanor under 
  1.25  paragraph (a) who willfully and intentionally fails to comply 
  1.26  with the sentence imposed, is guilty of a misdemeanor.  
  2.1   Compliance with the terms of the sentence imposed before 
  2.2   conviction under this paragraph is an absolute defense. 
  2.3      (d) It shall be an affirmative defense for a person who 
  2.4   possesses a small amount of marijuana solely for use with a 
  2.5   debilitating medical condition or who provides a small amount of 
  2.6   marijuana to another person for use with that medical condition 
  2.7   as defined in paragraph (e). 
  2.8      (e) "Debilitating medical condition" means: 
  2.9      (1) a medical condition or a treatment for such a condition:
  2.10     (i) that produces, for a specific patient, severe nausea or 
  2.11  severe vomiting induced by chemotherapy used to treat cancer; 
  2.12  loss of appetite, cachexia, or wasting syndrome induced by 
  2.13  medications used to treat people with acquired immunodeficiency 
  2.14  syndrome (AIDS) or with positive status for the human 
  2.15  immunodeficiency virus (HIV); intraocular pressure from 
  2.16  glaucoma; muscle spasms and tremors characteristic of 
  2.17  neurological disorders, including, but not limited to, spinal 
  2.18  cord injuries, cerebral palsy, and multiple sclerosis; severe, 
  2.19  intractable, chronic pain caused by diseases, including, but not 
  2.20  limited to, Crohn's disease and scleroderma; and seizures, 
  2.21  including, but not limited to, seizures characteristic of 
  2.22  epilepsy; and 
  2.23     (ii) for which, for a specific patient, other medications 
  2.24  are contraindicated, have not provided sufficient relief to the 
  2.25  patient, or cause unacceptable side effects; and 
  2.26     (2) any other medical condition or treatment for a medical 
  2.27  condition or as recommended by the National Academy of Medicine 
  2.28  that also meets the requirement of clause (1), item (ii).