Minnesota Legislature
HF 3766
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 05:13pm
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A bill for an act
relating to cannabis; authorizing patients enrolled in the registry program to
cultivate up to 16 cannabis plants without a license; authorizing patients enrolled
in the registry program to obtain cannabis flower from registered designated
caregivers; authorizing registered designated caregivers to cultivate cannabis plants
on behalf of patients enrolled in the registry program; making technical and
conforming changes; amending Minnesota Statutes 2023 Supplement, sections
342.01, subdivisions 52, 54; 342.09, subdivision 2; 342.52, subdivision 9; 342.57,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 52, is amended
to read:
Subd. 52.
Medical cannabinoid product.
(a) "Medical cannabinoid product" means a
product that:
(1) consists of or contains cannabis concentrate or hemp concentrate or is infused with
cannabinoids, including but not limited to artificially derived cannabinoids; and
(2) is provided to a patient enrolled in the registry program; a registered designated
caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a new text begin registered
designated caregiver, new text end cannabis retailernew text begin ,new text end or medical cannabis retailer to treat or alleviate the
symptoms of a qualifying medical condition.
(b) A medical cannabinoid product must be in the form of:
(1) liquid, including but not limited to oil;
(2) pill;
(3) liquid or oil for use with a vaporized delivery method;
(4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;
(5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and
sublingual tablets;
(6) edible products in the form of gummies and chews;
(7) topical formulation; or
(8) any allowable form or delivery method approved by the office.
(c) Medical cannabinoid product does not include adult-use cannabis products or
hemp-derived consumer products.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 54, is amended
to read:
Subd. 54.
Medical cannabis flower.
"Medical cannabis flower" means cannabis flower
provided to a patient enrolled in the registry programnew text begin or a visiting patientnew text end ; a registered
designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient by a
new text begin registered designated caregiver, new text end cannabis retailernew text begin ,new text end or medical cannabis business to treat or
alleviate the symptoms of a qualifying medical condition. Medical cannabis flower does
not include adult-use cannabis flower.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 342.09, subdivision 2, is amended
to read:
Subd. 2.
Home cultivation of cannabis for personal deleted text begin adultdeleted text end use.
new text begin (a) Except as provided
in paragraph (b), 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 deleted text begin provided thatdeleted text end new text begin .
new text end
new text begin
(b) A patient enrolled in the registry program may grow up to 16 cannabis plants at a
single residence, including the curtilage or yard, without a license to cultivate cannabis
issued under this chapter.
new text end
new text begin (c)new text end Cultivation deleted text begin takesdeleted text end new text begin of cannabis for personal use must takenew text end 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.
Sec. 4.
Minnesota Statutes 2023 Supplement, section 342.52, subdivision 9, is amended
to read:
Subd. 9.
Registered designated caregiver.
(a) The Division of Medical Cannabis must
register a designated caregiver for a patient if the patient requires assistance in administering
medical cannabis flower or medical cannabinoid products deleted text begin or indeleted text end new text begin ;new text end obtaining medical cannabis
flower, medical cannabinoid products, or medical cannabis paraphernalia from a medical
cannabis retailernew text begin ; or cultivating cannabis plants as permitted by section 342.09, subdivision
2, paragraph (b)new text end .
(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) The office shall conduct a criminal background check on the designated caregiver
prior to registration to ensure that the person does not have a conviction for a disqualifying
felony offense. Any cost of the background check shall be paid by the person seeking
registration as a designated caregiver. A designated caregiver must have the criminal
background check renewed every two years.
(d) 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.
new text begin
(e) 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 the patient. For each patient household that the
registered designated caregiver is approved to assist with obtaining medical cannabis flower,
the registered designated caregiver may grow up to 16 cannabis plants. 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 as permitted by section 342.09, subdivision 2, paragraph (b), to the registered
designated caregiver and the patient 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.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 342.57, subdivision 2, is amended
to read:
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 or by a visiting
patient deleted text begin to whom medical cannabis flower or medical cannabinoid products are distributed
under section 342.51, subdivision 5deleted text end ;
(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
342.47 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, 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 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
342.47 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 342.47 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 342.47 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 342.47 to 342.60 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 342.47 to 342.60.
(g) Possession of a registry verification or an application for enrollment in the registry
program:
(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.