Conference Committee Report - 93rd Legislature (2023 - 2024) Posted on 05/17/2024 12:19pm
A bill for an act
relating to cannabis; transferring enforcement of edible cannabinoid products to
the Office of Cannabis Management; clarifying workplace testing for cannabis;
making technical changes related to the taxation of cannabis and related products;
replacing medical cannabis licenses with endorsements; establishing a petition
process to designate cannabinoids as nonintoxicating or approved for use in
lower-potency hemp edibles; authorizing lower-potency hemp edibles to contain
certain artificially derived cannabinoids created in making delta-9
tetrahydrocannabinol; allowing testing of certain hemp products to be performed
by labs meeting accreditation standards regardless of licensing status; 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; authorizing
the Office of Cannabis Management to recall certain cannabis and related products;
transferring the duties of the medical cannabis program to the Office of Cannabis
Management on July 1, 2025; authorizing the appointment of deputy directors;
clarifying the process for transfer of certain licenses; providing for license
preapproval; removing the requirement that local governments perform certain
inspections; removing the requirement that license applications be scored based
on identified criteria and requiring that license applications be assessed based on
certain minimum criteria; requiring employees of cannabis businesses to meet
certain background check requirements; establishing social equity licenses; limiting
the number of certain licenses that can be made available in an application period;
providing for the conversion of a registration to sell certain hemp-derived products
into a hemp business license; providing for a cannabis research license
classification; authorizing the Office of Cannabis Management to adjust limits on
cultivation area; permitting certain businesses to transport cannabis and related
products between facilities operated by the business; replacing the prohibition on
certain sales of lower-potency hemp products with a prohibition on selling to an
obviously intoxicated person; providing for enforcement of unlicensed businesses
engaging in activities that require a license; making technical and conforming
changes; amending Minnesota Statutes 2022, sections 18K.03, by adding a
subdivision; 152.22, subdivisions 11, 14, by adding a subdivision; 152.25,
subdivision 2; 152.27, subdivisions 1, 2, 3, 4, 6, by adding a subdivision; 152.28,
subdivision 2; 152.29, subdivision 3; Minnesota Statutes 2023 Supplement, sections
3.9224; 120B.215, subdivisions 1, 2, by adding a subdivision; 151.72, subdivisions
1, 2, 4, 5a, 5b, 6, 7; 152.28, subdivision 1; 152.30; 256B.0625, subdivision 13d;
290.0132, subdivision 29; 290.0134, subdivision 19; 295.81, subdivisions 1, 4;
297A.67, subdivision 2; 297A.70, subdivision 2; 342.01, subdivisions 3, 4, 12,
14, 16, 17, 19, 20, 48, 57, 64, 65, 66, by adding subdivisions; 342.02, subdivisions
2, 5, 6; 342.03, subdivision 1; 342.07, subdivision 3; 342.09, subdivisions 1, 3;
342.10; 342.11; 342.12; 342.13; 342.14; 342.15, subdivisions 1, 2, by adding a
subdivision; 342.16; 342.17; 342.18, subdivisions 2, 3, by adding subdivisions;
342.19, subdivisions 1, 3, 4, 5; 342.22; 342.24, subdivisions 1, 2; 342.28,
subdivision 2, by adding a subdivision; 342.29, subdivisions 1, 4; 342.30,
subdivision 4; 342.31, subdivision 4; 342.32, subdivision 4; 342.35, subdivision
1; 342.37, subdivision 1; 342.40, subdivision 7; 342.41, subdivisions 1, 3; 342.44,
subdivision 1; 342.46, subdivision 6; 342.51; 342.515; 342.52, subdivisions 1, 2,
3, 4, 5, 9, 11; 342.53; 342.54; 342.55, subdivisions 1, 2; 342.56, subdivisions 1,
2; 342.57, subdivisions 1, 2, 3, 4, 5, 6, 7; 342.58; 342.60; 342.61, subdivisions 4,
5; 342.62, subdivision 3, by adding subdivisions; 342.63, subdivisions 2, 3, 4, 6;
342.64, subdivision 1; 342.70, subdivision 3; Laws 2023, chapter 63, article 1,
sections 2; 51; 52; 53; 54; 55; 56; 57; 58; 59; 61; article 6, sections 10; 73;
proposing coding for new law in Minnesota Statutes, chapter 342; repealing
Minnesota Statutes 2022, sections 152.22, subdivision 3; 152.36; Minnesota Statutes
2023 Supplement, sections 342.01, subdivisions 28, 52, 53, 54, 55; 342.27,
subdivision 13; 342.29, subdivision 9; 342.47; 342.48; 342.49; 342.50; 342.52,
subdivision 8; Laws 2023, chapter 63, article 7, sections 4; 6.
May 17, 2024
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
We, the undersigned conferees for H. F. No. 4757 report that we have agreed upon the
items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 4757 be further amended
as follows:
Section 1. new text begin APPROPRIATIONS. |
new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2023, chapter 63, article 9, to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2024" and "2025" used in this article mean that the addition to
or subtraction from the appropriation listed under them is available for the fiscal year ending
June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The
second year" is fiscal year 2025. Supplemental appropriations and reductions to
appropriations for the fiscal year ending June 30, 2024, are effective the day following final
enactment.
new text end
new text begin APPROPRIATIONS new text end | ||||||
new text begin Available for the Year new text end | ||||||
new text begin Ending June 30 new text end | ||||||
new text begin 2024 new text end | new text begin 2025 new text end |
Sec. 2. new text begin OFFICE OF CANNABIS | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 5,531,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin 2024 new text end | new text begin 2025 new text end | |
new text begin General Fund new text end | new text begin -0- new text end | new text begin 3,248,000 new text end |
new text begin State Government Special Revenue Fund new text end | new text begin -0- new text end | new text begin 2,283,000 new text end |
new text begin (a) Enforcement of Temporary Regulations
new text end
new text begin $1,107,000 in fiscal year 2025 is for regulation
of products subject to the requirements of
Minnesota Statutes, section 151.72. This is a
onetime appropriation.
new text end
new text begin (b) Product Testing
new text end
new text begin $771,000 in fiscal year 2025 is for testing
products regulated under Minnesota Statutes,
section 151.72, and chapter 342. The base for
this appropriation is $690,000 in fiscal year
2026 and each year thereafter.
new text end
new text begin (c) Reference Laboratory
new text end
new text begin $849,000 in fiscal year 2025 is to operate a
state reference laboratory. The base for this
appropriation is $632,000 in fiscal year 2026
and $696,000 in fiscal year 2027.
new text end
new text begin (d) Medical Cannabis
new text end
new text begin $521,000 in fiscal year 2025 from the general
fund and $2,283,000 in fiscal year 2025 from
the state government special revenue fund are
for the operation of the medical cannabis
program. These are onetime appropriations.
new text end
Sec. 3. new text begin DEPARTMENT OF HEALTH | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 5,500,000 new text end |
new text begin $5,500,000 in fiscal year 2025 is for the
purposes outlined in Minnesota Statutes,
section 342.72.
new text end
Sec. 4. new text begin DEPARTMENT OF COMMERCE | new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 28,000 new text end |
new text begin $28,000 in fiscal year 2025 is for the
commissioner of commerce to administer and
enforce Minnesota Statutes, section 325E.21,
subdivision 2c. The base for this appropriation
is $75,000 in fiscal year 2026 and each year
thereafter.
new text end
new text begin The general fund base for the attorney general is increased by $941,000 in fiscal year
2026 and $701,000 in fiscal year 2027 to enforce the Minnesota Consumer Data Privacy
Act under Minnesota Statutes, chapter 325O.
new text end
Laws 2023, chapter 63, article 9, section 10, is amended to read:
Sec. 10. HEALTH |
Subdivision 1.Total Appropriation | $ | 3,300,000 | $ | deleted text begin 20,252,000deleted text end new text begin 17,525,000 new text end |
The base for this appropriation is deleted text begin $19,064,000deleted text end new text begin
$17,742,000new text end in fiscal year 2026 and deleted text begin each fiscal
year thereafterdeleted text end new text begin $17,678,000 in fiscal year
2027new text end .
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Subd. 2.Youth new text begin Prevention and new text end Educationnew text begin | -0- | deleted text begin 5,000,000deleted text end new text begin 4,363,000 new text end |
For new text begin administration and new text end grants under Minnesota
Statutes, section 144.197, subdivision 1.new text begin Of
the amount appropriated, $2,863,000 is for
program operations and administration and
$1,500,000 is for grants. The base for this
appropriation is $4,534,000 in fiscal year 2026
and $4,470,000 in fiscal year 2027.
new text end
Subd. 3.new text begin Prevention and new text end Education deleted text begin Grantsdeleted text end for | -0- | deleted text begin 2,000,000deleted text end new text begin 1,788,000 new text end |
For deleted text begin grants underdeleted text end new text begin a coordinated prevention and
education program for pregnant and
breastfeeding individuals undernew text end Minnesota
Statutes, section 144.197, subdivision 2.new text begin The
base for this appropriation is $1,834,000
beginning in fiscal year 2026.
new text end
Subd. 4.Local and Tribal Health Departments | -0- | 10,000,000 |
For new text begin administration and new text end grants under Minnesota
Statutes, section 144.197, subdivision 4.new text begin Of
the amount appropriated, $1,094,000 is for
administration and $8,906,000 is for grants.
new text end
Subd. 5.Cannabis Data Collection and Biennial | 493,000 | 493,000 |
For reports under Minnesota Statutes, section
144.196.
Subd. 6.Administration for Expungement | 71,000 | 71,000 |
For administration related to orders issued by
the Cannabis Expungement Board. The base
for this appropriation is $71,000 in fiscal year
2026, $71,000 in fiscal year 2027, $71,000 in
fiscal year 2028, $71,000 in fiscal year 2029,
and $0 in fiscal year 2030.
Subd. 7.Grants to the Minnesota Poison Control | 910,000 | 810,000 |
For new text begin administration and new text end grants under Minnesota
Statutes, section 145.93.new text begin Of the amount
appropriated in fiscal year 2025, $15,000 is
for administration and $795,000 is for grants.
new text end
Subd. 8.Temporary Regulation of Edible | 1,107,000 | deleted text begin 1,107,000deleted text end new text begin -0- new text end |
For temporary regulation under the health
enforcement consolidation act of edible
products extracted from hemp. new text begin The
commissioner may transfer encumbrances and
unobligated amounts to the Office of Cannabis
Management for this purpose. new text end This is a
onetime appropriation.
Subd. 9.Testingdeleted text begin . | 719,000 | deleted text begin 771,000deleted text end new text begin -0- new text end |
For testing of edible cannabinoid products.
deleted text begin The base for this appropriation is $690,000 in
fiscal year 2026 and each fiscal year thereafter.deleted text end new text begin
The commissioner may transfer encumbrances
and unobligated amounts to the Office of
Cannabis Management for this purpose.
new text end
Laws 2023, chapter 63, article 9, section 15, subdivision 4, is amended to read:
Subd. 4.Office of Traffic and Safety | 11,485,000 | 6,117,000 |
(a) The base for this appropriation is
$5,000,000 in fiscal year 2026 and each fiscal
year thereafter.
(b) $10,000,000 the first year and $5,000,000
the second year are for the drug evaluation
and classification program for drug recognition
evaluator training; additional phlebotomists;
drug recognition training for peace officers,
as defined in Minnesota Statutes, section
626.84, subdivision 1, paragraph (c); and
required continuing education training for drug
recognition expertsnew text begin , program administration,
grants to local law enforcement divisions, and
making grants to eligible employers for drug
evaluation and classification training costs of
their staffnew text end . The commissioner must make
reasonable efforts to reflect the geographic
diversity of the state in making expenditures
under this appropriation.new text begin This appropriation
is available until June 30, 2027.
new text end
(c) $1,485,000 the first year and $1,117,000
the second year are for a roadside testing pilot
project. These are onetime appropriations.
new text begin This section is effective the day following final enactment.
new text end
Laws 2023, chapter 63, article 9, section 19, is amended to read:
(a) The commissioner of management and budget must reduce general fund appropriations
to the commissioner of corrections by $165,000 in fiscal year 2024 and $368,000 in fiscal
year 2025. The commissioner must reduce the base for general fund appropriations to the
commissioner of corrections by $460,000 in fiscal year 2026 and $503,000 in fiscal year
2027.
(b) The commissioner of management and budget must reduce general fund appropriations
to the commissioner of health by deleted text begin $260,000deleted text end new text begin $781,000new text end in fiscal year 2025 for the administration
of the medical cannabis program. The commissioner must reduce the base for general fund
appropriations to the commissioner of health by $781,000 in fiscal year 2026 and each fiscal
year thereafter.
(c) The commissioner of management and budget must reduce state government special
revenue fund appropriations to the commissioner of health by deleted text begin $1,141,000deleted text end new text begin $3,424,000new text end in
fiscal year 2025 for the administration of the medical cannabis program. The commissioner
must reduce the base for state government special revenue fund appropriations to the
commissioner of health by $3,424,000 in fiscal year 2026 and each fiscal year thereafter.
Laws 2023, chapter 63, article 9, section 20, is amended to read:
deleted text begin (a)deleted text end $1,000,000 in fiscal year 2024 and $1,000,000 in fiscal year 2025 are transferred
from the general fund to the dual training account in the special revenue fund under
Minnesota Statutes, section 136A.246, subdivision 10, for grants to employers in the legal
cannabis industry. The base for this transfer is $1,000,000 in fiscal year 2026 and each fiscal
year thereafter. The commissioner may use up to six percent of the amount transferred for
administrative costs. The commissioner shall give priority to applications from employers
who are, or who are training employees who are, eligible to be social equity applicants
under Minnesota Statutes, section 342.17. After June 30, 2025, any unencumbered balance
from this transfer may be used for grants to any eligible employer under Minnesota Statutes,
section 136A.246.
deleted text begin (b) $5,500,000 in fiscal year 2024 and $5,500,000 in fiscal year 2025 are transferred
from the general fund to the substance use treatment, recovery, and prevention grant account
established under Minnesota Statutes, section 342.72. The base for this transfer is $5,500,000
in fiscal year 2026 and each fiscal year thereafter.
deleted text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 3.9224, subdivision 1, is amended
to read:
(a) As used in this section, the following terms have the
meanings given.
(b) "Medical cannabis law" or "medical cannabis program" means the regulatory
framework for cultivation, production, distribution, and sale of cannabis to qualifying
patients for therapeutic use in the treatment of a qualifying condition.
(c) "Medical cannabis flower" means cannabis flower approved for sale under the medical
cannabis law of a Minnesota Tribal government or under a compact entered into under this
section.
(d) "Medical cannabis product" means a cannabis product approved for sale under the
medical cannabis law of a Minnesota Tribal government or under a compact entered into
under this section.
(e) "Medical cannabis business" means a deleted text begin medicaldeleted text end cannabis deleted text begin cultivator, processor, or
retailerdeleted text end new text begin business with a medical cannabis endorsementnew text end .
(f) "Medical cannabis industry" means every item, product, person, process, action,
business, or other thing or activity related to medical cannabis flower or medical cannabis
products and subject to regulation under the law of a Minnesota Tribal government or under
a compact entered into under this section.
(g) "Cannabis product" means any of the following:
(1) cannabis concentrate;
(2) a product infused with cannabinoids, whether artificially derived, or extracted or
derived from cannabis plants or cannabis flower, including but not limited to
tetrahydrocannabinol; or
(3) any other product that contains cannabis concentrate.
(h) "Minnesota Tribal governments" means the following federally recognized Indian
Tribes located in Minnesota:
(1) Bois Forte Band;
(2) Fond Du Lac Band;
(3) Grand Portage Band;
(4) Leech Lake Band;
(5) Mille Lacs Band;
(6) White Earth Band;
(7) Red Lake Nation;
(8) Lower Sioux Indian Community;
(9) Prairie Island Indian Community;
(10) Shakopee Mdewakanton Sioux Community; and
(11) Upper Sioux Indian Community.
(i) "Tribal medical cannabis business" means a medical cannabis business licensed by
a Minnesota Tribal government, including the business categories identified in paragraph
(e), as well as any others that may be provided under the law of a Minnesota Tribal
government.
(j) "Tribally regulated land" means:
(1) all land held in trust by the United States for the benefit of a Minnesota Tribal
government ("trust land");
(2) all land held by a Minnesota Tribal government in restricted fee status; and
(3) all land within the exterior boundaries of the reservation of a Minnesota Tribal
government that is subject to the civil regulatory jurisdiction of the Tribal government. For
the purposes of this section, land that is subject to the civil regulatory jurisdiction of the
Tribal government includes:
(i) trust land, or fee land held, including leased land, by the Tribe, entities organized
under Tribal law, or individual Indians; and
(ii) land held, including leased land, by non-Indian entities or individuals who consent
to the civil regulation of the Tribal government or are otherwise subject to such regulation
under federal law.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 15A.0815, subdivision 2, is amended
to read:
The salary for a position listed in this subdivision shall
be determined by the Compensation Council under section 15A.082. The commissioner of
management and budget must publish the salaries on the department's website. This
subdivision applies to the following positions:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
Commissioner of children, youth, and families;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of health;
Commissioner, Minnesota Office of Higher Education;
Commissioner, Minnesota IT Services;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
Commissioner of management and budget;
Commissioner of natural resources;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of transportation;
Commissioner of veterans affairs;
Executive director of the Gambling Control Board;
Executive director of the Minnesota State Lottery;
new text begin Executive director of the Office of Cannabis Management;
new text end
Commissioner of Iron Range resources and rehabilitation;
Commissioner, Bureau of Mediation Services;
Ombudsman for mental health and developmental disabilities;
Ombudsperson for corrections;
Chair, Metropolitan Council;
Chair, Metropolitan Airports Commission;
School trust lands director;
Executive director of pari-mutuel racing; and
Commissioner, Public Utilities Commission.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 18K.03, is amended by adding a subdivision to
read:
new text begin (a) An industrial hemp grower licensed
under this chapter may sell hemp plant parts and propagules to a cannabis business or hemp
business licensed under chapter 342.
new text end
new text begin (b) An industrial hemp processor licensed under this chapter may sell hemp concentrate
to a cannabis business or hemp business licensed under chapter 342.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 151.72, subdivision 1, is amended
to read:
For the purposes of this section, the following terms have
the meanings given.
(a) "Artificially derived cannabinoid" means a cannabinoid extracted from a hemp plant
or hemp plant parts with a chemical makeup that is changed after extraction to create a
different cannabinoid or other chemical compound by applying a catalyst other than heat
or light. Artificially derived cannabinoid includes but is not limited to any
tetrahydrocannabinol created from cannabidiol.
(b) "Batch" means a specific quantity of a specific product containing cannabinoids
derived from hemp, including an edible cannabinoid product, that is manufactured at the
same time and using the same methods, equipment, and ingredients that is uniform and
intended to meet specifications for identity, strength, purity, and composition, and that is
manufactured, packaged, and labeled according to a single batch production record executed
and documented.
(c) "Certified hemp" means hemp plants that have been tested and found to meet the
requirements of chapter 18K and the rules adopted thereunder.
deleted text begin (d) "Commissioner" means the commissioner of health.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end "Distributor" means a person who sells, arranges a sale, or delivers a product
containing cannabinoids derived from hemp, including an edible cannabinoid product, that
the person did not manufacture to a retail establishment for sale to consumers. Distributor
does not include a common carrier used only to complete delivery to a retailer.
deleted text begin (f)deleted text end new text begin (e)new text end "Edible cannabinoid product" means any product that is intended to be eaten or
consumed as a beverage by humans, contains a cannabinoid in combination with food
ingredients, and is not a drug.
deleted text begin (g)deleted text end new text begin (f)new text end "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision
3.
deleted text begin (h)deleted text end new text begin (g)new text end "Label" has the meaning given in section 151.01, subdivision 18.
deleted text begin (i)deleted text end new text begin (h)new text end "Labeling" means all labels and other written, printed, or graphic matter that are:
(1) affixed to the immediate container in which a product regulated under this section
is sold;
(2) provided, in any manner, with the immediate container, including but not limited to
outer containers, wrappers, package inserts, brochures, or pamphlets; or
(3) provided on that portion of a manufacturer's website that is linked by a scannable
barcode or matrix barcode.
deleted text begin (j)deleted text end new text begin (i)new text end "Matrix barcode" means a code that stores data in a two-dimensional array of
geometrically shaped dark and light cells capable of being read by the camera on a
smartphone or other mobile device.
deleted text begin (k)deleted text end new text begin (j)new text end "Nonintoxicating cannabinoid" means substances extracted from certified hemp
plants that do not produce intoxicating effects when consumed by any route of administration.
new text begin (k) "Office" means the director of the Office of Cannabis Management.
new text end
(l) "Synthetic cannabinoid" means a substance with a similar chemical structure and
pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp
plants, or hemp plant parts and is instead created or produced by chemical or biochemical
synthesis.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 151.72, subdivision 2, is amended
to read:
(a) This section applies to the sale of any product that contains
cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended
for human or animal consumption by any route of administration.
(b) This section does not apply to any product dispensed by a registered medical cannabis
manufacturer pursuant to sections 152.22 to 152.37.
(c) The deleted text begin commissionerdeleted text end new text begin officenew text end must have no authority over food products, as defined in
section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from
hemp.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 151.72, subdivision 3, is amended
to read:
(a) Notwithstanding any other
section of this chapter, a product containing nonintoxicating cannabinoids, including an
edible cannabinoid product, may be sold for human or animal consumption only if all of
the requirements of this section are metdeleted text begin , provided thatdeleted text end new text begin .new text end A product sold for human or animal
consumption deleted text begin doesdeleted text end new text begin mustnew text end not contain more than 0.3 percent of any tetrahydrocannabinol and
an edible cannabinoid product deleted text begin doesdeleted text end new text begin mustnew text end not contain an amount of any tetrahydrocannabinol
that exceeds the limits established in subdivision 5a, paragraph (f).
(b) A product containing nonintoxicating cannabinoids, other than an edible cannabinoid
product, may be sold for human or animal consumption only if it is intended for application
externally to a part of the body of a human or animal. Such a product must not be
manufactured, marketed, distributed, or intended to be consumed:
(1) by combustion or vaporization of the product and inhalation of smoke, aerosol, or
vapor from the product;
(2) through chewing, drinking, or swallowing; or
(3) through injection or application to a mucous membrane or nonintact skin.
(c) No other substance extracted or otherwise derived from hemp may be sold for human
consumption if the substance is intended:
(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or other animals; or
(2) to affect the structure or any function of the bodies of humans or other animals.
(d) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise
derived from hemp may be sold to any individual who is under the age of 21.
(e) Products that meet the requirements of this section are not controlled substances
under section 152.02.
(f) Products may be sold for on-site consumption deleted text begin provided thatdeleted text end new text begin ifnew text end all of the following
conditions are met:
(1) the retailer must also hold an on-sale license issued under chapter 340A;
(2) productsnew text begin , other than products that are intended to be consumed as a beverage,new text end must
be served in original packaging, but may be removed from the products' packaging by
customers and consumed on site;
(3) products must not be sold to a customer who the retailer knows or reasonably should
know is intoxicated;
(4) products must not be permitted to be mixed with an alcoholic beverage; and
(5) products that have been removed from packaging must not be removed from the
premises.
new text begin (g) Edible cannabinoid products that are intended to be consumed as a beverage may be
served outside of the products' packaging if the information that is required to be contained
on the label of an edible cannabinoid product is posted or otherwise displayed by the retailer.
new text end
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 151.72, subdivision 4, is amended
to read:
(a) A manufacturer of a product regulated under this
section must submit representative samples of each batch of the product to an independent,
accredited laboratory in order to certify that the product complies with the standards deleted text begin adopted
by the board on or before July 1, 2023, or the standardsdeleted text end adopted by the deleted text begin commissionerdeleted text end new text begin officenew text end .
Testing must be consistent with generally accepted industry standards for herbal and botanical
substances, and, at a minimum, the testing must confirm that the product:
(1) contains the amount or percentage of cannabinoids that is stated on the label of the
product;
(2) does not contain more than trace amounts of any mold, residual solvents or other
catalysts, pesticides, fertilizers, or heavy metals; and
(3) does not contain more than 0.3 percent of any tetrahydrocannabinol.
(b) A manufacturer of a product regulated under this section must disclose all known
information regarding pesticides, fertilizers, solvents, or other foreign materials applied to
industrial hemp or added to industrial hemp during any production or processing stages of
any batch from which a representative sample has been sent for testing, including any
catalysts used to create artificially derived cannabinoids. The disclosure must be made to
the laboratory performing testing or sampling and, upon request, to the deleted text begin commissionerdeleted text end new text begin officenew text end .
The disclosure must include all information known to the deleted text begin licenseedeleted text end new text begin manufacturernew text end regardless
of whether the application or addition was made intentionally or accidentally, or by the
manufacturer or any other person.
(c) Upon the request of the deleted text begin commissionerdeleted text end new text begin officenew text end , the manufacturer of the product must
provide the deleted text begin commissionerdeleted text end new text begin officenew text end with the results of the testing required in this section.
(d) The deleted text begin commissionerdeleted text end new text begin officenew text end may determine that any testing laboratory that does not
operate formal management systems under the International Organization for Standardization
is not an accredited laboratory and require that a representative sample of a batch of the
product be retested by a testing laboratory that meets this requirement.
(e) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or
possession of a certificate of analysis for such hemp, does not meet the testing requirements
of this section.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 151.72, subdivision 5a, is amended
to read:
(a) In addition
to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid
must meet the requirements of this subdivision.
(b) An edible cannabinoid product must not:
(1) bear the likeness or contain cartoon-like characteristics of a real or fictional person,
animal, or fruit that appeals to children;
(2) be modeled after a brand of products primarily consumed by or marketed to children;
(3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a
commercially available candy or snack food item;
(4) be substantively similar to a meat food product; poultry food product as defined in
section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision
7;
(5) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved
by the United States Food and Drug Administration for use in food;
(6) be packaged in a way that resembles the trademarked, characteristic, or
product-specialized packaging of any commercially available food product; or
(7) be packaged in a container that includes a statement, artwork, or design that could
reasonably mislead any person to believe that the package contains anything other than an
edible cannabinoid product.
(c) An edible cannabinoid product must be prepackaged in packaging or a container that
is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is
child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The
requirement that packaging be child-resistant does not apply to an edible cannabinoid product
that is intended to be consumed as a beverage.
(d) If an edible cannabinoid product, other than a product that is intended to be consumed
as a beverage, is intended for more than a single use or contains multiple servings, each
serving must be indicated by scoring, wrapping, or other indicators designating the individual
serving size that appear on the edible cannabinoid product. new text begin If it is not possible to indicate
a single serving by scoring or use of another indicator that appears on the product, the edible
cannabinoid product may not be packaged in a manner that includes more than a single
serving in each container, except that a calibrated dropper, measuring spoon, or similar
device for measuring a single serving, when sold with the product, may be used for any
edible cannabinoid products that are intended to be combined with food or beverage products
prior to consumption.
new text end
(e) A label containing at least the following information must be affixed to the packaging
or container of all edible cannabinoid products sold to consumers:
(1) the serving size;
(2) the cannabinoid profile per serving and in total;
(3) a list of ingredients, including identification of any major food allergens declared
by name; and
(4) the following statement: "Keep this product out of reach of children."
(f) An edible cannabinoid product must not contain more than five milligrams of any
tetrahydrocannabinol in a single serving. An edible cannabinoid product, other than a product
that is intended to be consumed as a beverage, may not contain more than a total of 50
milligrams of any tetrahydrocannabinol per package. An edible cannabinoid product that
is intended to be consumed as a beverage may not contain more than two servings per
container.
(g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9
tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an
artificially derived cannabinoid. Edible cannabinoid products are prohibited from containing
any other artificially derived cannabinoid, including but not limited to THC-P, THC-O, and
HHC, unless the deleted text begin commissionerdeleted text end new text begin officenew text end authorizes use of the artificially derived cannabinoid
in edible cannabinoid products. Edible cannabinoid products are prohibited from containing
synthetic cannabinoids.
(h) Every person selling edible cannabinoid products to consumers, other than products
that are intended to be consumed as a beverage, must ensure that all edible cannabinoid
products are displayed behind a checkout counter where the public is not permitted or in a
locked case.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 151.72, subdivision 5b, is amended
to read:
deleted text begin (a) On or before October 1, 2023, every person
selling edible cannabinoid products to consumers must register with the commissioner in
a form and manner established by the commissioner. After October 1, 2023, the sale of
edible cannabinoid products by a person that is not registered is prohibited.
deleted text end
new text begin (a) Every person selling an edible cannabinoid product to a consumer must be registered
with the office. Existing registrations through the Department of Health must be transferred
to the office by July 1, 2024. All other persons required to register must register in a form
and manner established by the office. The sale of edible cannabinoid products by a person
who is not registered with the office is prohibited and subject to the penalties in section
342.09, subdivision 6; any applicable criminal penalty; and any other applicable civil or
administrative penalty.
new text end
(b) The registration form must contain an attestation of compliance and each registrant
must affirm that it is operating and will continue to operate in compliance with the
requirements of this section and all other applicable state and local laws and ordinances.
(c) The deleted text begin commissioner shalldeleted text end new text begin office mustnew text end not charge a fee for registration under this
subdivision.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 151.72, subdivision 6, is amended
to read:
(a) A product regulated under this
section, including an edible cannabinoid product, shall be considered a noncompliant product
if the product is offered for sale in this state or if the product is manufactured, imported,
distributed, or stored with the intent to be offered for sale in this state in violation of any
provision of this section, including but not limited to if:
(1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance;
(2) it has been produced, prepared, packed, or held under unsanitary conditions where
it may have been rendered injurious to health, or where it may have been contaminated with
filth;
(3) its container is composed, in whole or in part, of any poisonous or deleterious
substance that may render the contents injurious to health;
(4) it contains any food additives, color additives, or excipients that have been found by
the FDA to be unsafe for human or animal consumption;
(5) it contains an amount or percentage of nonintoxicating cannabinoids that is different
than the amount or percentage stated on the label;
(6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is
an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits
established in subdivision 5a, paragraph (f); or
(7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers,
or heavy metals.
(b) A product regulated under this section shall be considered a noncompliant product
if the product's labeling is false or misleading in any manner or in violation of the
requirements of this section.
(c) The deleted text begin commissionerdeleted text end new text begin officenew text end may assume that any product regulated under this section
that is present in the state, other than a product lawfully possessed for personal use, has
been manufactured, imported, distributed, or stored with the intent to be offered for sale in
this state if a product of the same type and brand was sold in the state on or after July 1,
2023, or if the product is in the possession of a person who has sold any product in violation
of this section.
(d) The deleted text begin commissionerdeleted text end new text begin officenew text end may enforce this section, including enforcement against a
manufacturer or distributor of a product regulated under this section, under deleted text begin sections 144.989
to 144.993deleted text end new text begin section 342.19new text end .
(e) deleted text begin The commissioner may enter into an interagency agreement withdeleted text end The office deleted text begin of
Cannabis Management anddeleted text end new text begin may enter into an interagency agreement withnew text end the commissioner
of agriculture to perform inspections and take other enforcement actions on behalf of the
deleted text begin commissionerdeleted text end new text begin officenew text end .
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 151.72, subdivision 7, is amended
to read:
(a) deleted text begin Notwithstanding section 144.99, subdivision
11,deleted text end A person who does any of the following regarding a product regulated under this section
is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
364 days or to payment of a fine of not more than $3,000, or both:
(1) knowingly alters or otherwise falsifies testing results;
(2) intentionally alters or falsifies any information required to be included on the label
of an edible cannabinoid product; or
(3) intentionally makes a false material statement to the deleted text begin commissionerdeleted text end new text begin officenew text end .
(b) deleted text begin Notwithstanding section 144.99, subdivision 11,deleted text end A person who does any of the
following on the premises of a registered retailer or another business that sells retail goods
to customers is guilty of a gross misdemeanor and may be sentenced to imprisonment for
not more than 364 days or to payment of a fine of not more than $3,000, or both:
(1) sells an edible cannabinoid product knowing that the product does not comply with
the limits on the amount or types of cannabinoids that a product may contain;
(2) sells an edible cannabinoid product knowing that the product does not comply with
the applicable testing, packaging, or labeling requirements; or
(3) sells an edible cannabinoid product to a person under the age of 21, except that it is
an affirmative defense to a charge under this clause if the defendant proves by a
preponderance of the evidence that the defendant reasonably and in good faith relied on
proof of age as described in subdivision 5c.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.22, subdivision 11, is amended to read:
"Registered designated caregiver" means
a person who:
(1) is at least 18 years old;
deleted text begin (2) does not have a conviction for a disqualifying felony offense;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end has been approved by the deleted text begin commissionerdeleted text end new text begin officenew text end to assist a patient who requires
assistance in administering medical cannabis or obtaining medical cannabis from a
distribution facility; and
deleted text begin (4)deleted text end new text begin (3)new text end is authorized by the deleted text begin commissionerdeleted text end new text begin officenew text end to assist the patient with the use of
medical cannabis.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.22, subdivision 14, is amended to read:
"Qualifying medical condition" means new text begin either
a medical condition for which an individual's health care practitioner has recommended,
approved, or authorized the use of cannabis by that individual to treat the condition, or new text end a
diagnosis of any of the following conditions:
new text begin (1) Alzheimer's disease;
new text end
new text begin (2) autism spectrum disorder that meets the requirements of the fifth edition of the
Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric
Association;
new text end
deleted text begin (1)deleted text end new text begin (3)new text end 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;
new text begin (4) chronic motor or vocal tic disorder;
new text end
new text begin (5) chronic pain;
new text end
deleted text begin (2)deleted text end new text begin (6)new text end glaucoma;
deleted text begin (3)deleted text end new text begin (7)new text end human immunodeficiency virus or acquired immune deficiency syndrome;
new text begin (8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c);
new text end
new text begin (9) obstructive sleep apnea;
new text end
new text begin (10) post-traumatic stress disorder;
new text end
deleted text begin (4)deleted text end new text begin (11)new text end Tourette's syndrome;
deleted text begin (5)deleted text end new text begin (12)new text end amyotrophic lateral sclerosis;
deleted text begin (6)deleted text end new text begin (13)new text end seizures, including those characteristic of epilepsy;
deleted text begin (7)deleted text end new text begin (14)new text end severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;
deleted text begin (8)deleted text end new text begin (15)new text end inflammatory bowel disease, including Crohn's disease;
new text begin (16) irritable bowel syndrome;
new text end
new text begin (17) obsessive-compulsive disorder;
new text end
new text begin (18) sickle cell disease; or
new text end
deleted text begin (9)deleted text end new text begin (19)new text end 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 wastingdeleted text begin ; or
deleted text end
deleted text begin (10) any other medical condition or its treatment approved by the commissionerdeleted text end .
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to
read:
new text begin "Veteran" means an individual who satisfies the requirements in
section 197.447.
new text end
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.25, subdivision 2, is amended to read:
The deleted text begin commissionerdeleted text end new text begin officenew text end shall
review and publicly report the existing medical and scientific literature regarding the range
of recommended dosages for each qualifying condition and the range of chemical
compositions of any plant of the genus cannabis that will likely be medically beneficial for
each of the qualifying medical conditions. The deleted text begin commissionerdeleted text end new text begin officenew text end shall make this
information available to patients with qualifying medical conditions beginning December
1, 2014, and update the information deleted text begin annuallydeleted text end new text begin every three yearsnew text end . The deleted text begin commissionerdeleted text end new text begin officenew text end
may consult with the independent laboratory under contract with the manufacturer or other
experts in reporting the range of recommended dosages for each qualifying medical condition,
the range of chemical compositions that will likely be medically beneficial, and any risks
of noncannabis drug interactions. The deleted text begin commissionerdeleted text end new text begin officenew text end shall consult with each
manufacturer on an annual basis on medical cannabis offered by the manufacturer. The list
of medical cannabis offered by a manufacturer shall be published on the deleted text begin Department of
Healthdeleted text end new text begin Office of Cannabis Managementnew text end website.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.27, subdivision 1, is amended to read:
deleted text begin (a)deleted text end The deleted text begin commissionerdeleted text end new text begin officenew text end
shall establish a patient registry program to evaluate data on patient demographics, effective
treatment options, clinical outcomes, and quality-of-life outcomes for the purpose of reporting
on the benefits, risks, and outcomes regarding patients with a qualifying medical condition
engaged in the therapeutic use of medical cannabis.
deleted text begin (b) The establishment of the registry program shall not be construed or interpreted to
condone or promote the illicit recreational use of marijuana.
deleted text end
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.27, subdivision 2, is amended to read:
(a) The deleted text begin commissionerdeleted text end new text begin officenew text end shall:
(1) give notice of the program to health care practitioners in the state who are eligible
to serve as health care practitioners and explain the purposes and requirements of the
program;
(2) allow each health care practitioner who meets or agrees to meet the program's
requirements and who requests to participate, to be included in the registry program to
collect data for the patient registry;
(3) provide explanatory information and assistance to each health care practitioner in
understanding the nature of therapeutic use of medical cannabis within program requirements;
(4) create and provide a certification to be used by a health care practitioner for the
practitioner to certify whether a patient has been diagnosed with a qualifying medical
condition deleted text begin and include in the certification an option for the practitioner to certify whether
the patient, in the health care practitioner's medical opinion, is developmentally or physically
disabled and, as a result of that disability, the patient requires assistance in administering
medical cannabis or obtaining medical cannabis from a distribution facilitydeleted text end ;
(5) supervise the participation of the health care practitioner in conducting patient
treatment and health records reporting in a manner that ensures stringent security and
record-keeping requirements and that prevents the unauthorized release of private data on
individuals as defined by section 13.02;
(6) develop safety criteria for patients with a qualifying medical condition as a
requirement of the patient's participation in the program, to prevent the patient from
undertaking any task under the influence of medical cannabis that would constitute negligence
or professional malpractice on the part of the patient; and
(7) conduct research and studies based on data from health records submitted to the
registry program and submit reports on intermediate or final research results to the legislature
and major scientific journals. The deleted text begin commissionerdeleted text end new text begin officenew text end may contract with a third party to
complete the requirements of this clause. Any reports submitted must comply with section
152.28, subdivision 2.
(b) The deleted text begin commissionerdeleted text end new text begin officenew text end may add a delivery method under section 152.22, subdivision
6, deleted text begin or add, remove, or modify a qualifying medical condition under section 152.22, subdivision
14,deleted text end upon a petition from a member of the public or the deleted text begin task force on medical cannabis
therapeutic researchdeleted text end new text begin Cannabis Advisory Council under section 342.03new text end or as directed by law.
deleted text begin The commissioner shall evaluate all petitions to add a qualifying medical condition or to
remove or modify an existing qualifying medical condition submitted by the task force on
medical cannabis therapeutic research or as directed by law and may make the addition,
removal, or modification if the commissioner determines the addition, removal, or
modification is warranted based on the best available evidence and research.deleted text end If the
deleted text begin commissionerdeleted text end new text begin officenew text end wishes to add a delivery method under section 152.22, subdivision 6,
deleted text begin or add or remove a qualifying medical condition under section 152.22, subdivision 14,deleted text end the
deleted text begin commissionerdeleted text end new text begin officenew text end must notify the chairs and ranking minority members of the legislative
policy committees having jurisdiction over health and public safety of the addition deleted text begin or removaldeleted text end
and the reasons for its addition deleted text begin or removaldeleted text end , including any written comments received by
the deleted text begin commissionerdeleted text end new text begin officenew text end from the public and any guidance received from the deleted text begin task force on
medical cannabis researchdeleted text end new text begin Cannabis Advisory Council under section 342.03new text end , by January
15 of the year in which the deleted text begin commissionerdeleted text end new text begin officenew text end wishes to make the change. The change
shall be effective on August 1 of that year, unless the legislature by law provides otherwise.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.27, subdivision 3, is amended to read:
(a) The deleted text begin commissionerdeleted text end new text begin officenew text end shall develop a patient
application for enrollment into the registry program. The application shall be available to
the patient and given to health care practitioners in the state who are eligible to serve as
health care practitioners. The application must include:
(1) the name, mailing address, and date of birth of the patient;
(2) the name, mailing address, and telephone number of the patient's health care
practitioner;
(3) the name, mailing address, and date of birth of the patient's designated caregiver, if
any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse
will be acting as a caregiver;
(4) a copy of the certification from the patient's health care practitioner that is dated
within 90 days prior to submitting the application that certifies that the patient has been
diagnosed with a qualifying medical condition; and
(5) all other signed affidavits and enrollment forms required by the deleted text begin commissionerdeleted text end new text begin officenew text end
under sections 152.22 to 152.37, including, but not limited to, the disclosure form required
under paragraph deleted text begin (c)deleted text end new text begin (b)new text end .
deleted text begin (b) The commissioner shall require a patient to resubmit a copy of the certification from
the patient's health care practitioner on a yearly basis and shall require that the recertification
be dated within 90 days of submission.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The deleted text begin commissionerdeleted text end new text begin officenew text end shall develop a disclosure form and require, as a condition
of enrollment, all patients to sign a copy of the disclosure. The disclosure must include:
(1) a statement that, notwithstanding any law to the contrary, the deleted text begin commissionerdeleted text end new text begin officenew text end ,
or an employee of any state agency, may 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 152.22 to 152.37; and
(2) the patient's acknowledgment that enrollment in the patient registry program is
conditional on the patient's agreement to meet all of the requirements of sections 152.22 to
152.37.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.27, is amended by adding a subdivision to
read:
new text begin (a) Beginning July 1, 2024, the office
shall establish an alternative certification procedure for veterans to enroll in the registry
program.
new text end
new text begin (b) The office may request that a patient who is a veteran and is seeking to enroll in the
registry program submit to the office a copy of the patient's veteran identification card and
an attestation that the veteran has been diagnosed with a qualifying medical condition listed
in section 152.22, subdivision 14, clauses (1) to (19).
new text end
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.27, subdivision 4, is amended to read:
(a) The deleted text begin commissionerdeleted text end new text begin officenew text end shall register
a designated caregiver for a patient if the patient requires assistance in administering medical
cannabis or obtaining medical cannabis from a distribution facility and the caregiver has
agreed, in writing, to be the patient's designated caregiver. As a condition of registration as
a designated caregiver, the deleted text begin commissionerdeleted text end new text begin officenew text end shall require the person to:
(1) be at least 18 years of age;
(2) agree to only possess the patient's medical cannabis for purposes of assisting the
patient; and
(3) agree that if the application is approved, the person will not be a registered designated
caregiver for more than six registered patients at one time. Patients who reside in the same
residence shall count as one patient.
deleted text begin (b) The commissioner 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.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Nothing in sections 152.22 to 152.37 shall be construed to prevent a person
registered as a designated caregiver from also being enrolled in the registry program as a
patient and possessing and using medical cannabis as a patient.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.27, subdivision 6, is amended to read:
(a) After receipt of a patient's applicationdeleted text begin , application fees,deleted text end
and signed disclosure, the deleted text begin commissionerdeleted text end new text begin officenew text end shall enroll the patient in the registry program
and issue the patient and patient's registered designated caregiver or parent, legal guardian,
or spouse, if applicable, a registry verification. The deleted text begin commissionerdeleted text end new text begin officenew text end shall approve or
deny a patient's application for participation in the registry program within 30 days after
the deleted text begin commissionerdeleted text end new text begin officenew text end receives the patient's application deleted text begin and application fee. The
commissioner may approve applications up to 60 days after the receipt of a patient's
application and application fees until January 1, 2016deleted text end . A patient's enrollment in the registry
program shall only be denied if the patient:
(1) does not have certification from a health care practitionernew text begin or, if the patient is a veteran,
does not have the documentation requested by the office under subdivision 3anew text end that the patient
has been diagnosed with a qualifying medical condition;
(2) has not signed and returned the disclosure form required under subdivision 3,
paragraph (c), to the deleted text begin commissionerdeleted text end new text begin officenew text end ;
(3) does not provide the information required;
(4) has previously been removed from the registry program for violations of section
152.30 or 152.33; or
(5) provides false information.
(b) The deleted text begin commissionerdeleted text end new text begin officenew text end shall give written notice to a patient of the reason for
denying enrollment in the registry program.
(c) Denial of enrollment into the registry program is considered a final decision of the
deleted text begin commissionerdeleted text end new text begin officenew text end and is subject to judicial review under the Administrative Procedure
Act pursuant to chapter 14.
(d) A patient's enrollment in the registry program may only be revoked upon the death
of the patient or if a patient violates a requirement under section 152.30 or 152.33.
(e) The deleted text begin commissionerdeleted text end new text begin officenew text end shall develop a registry verification to provide to the patient,
the health care practitioner identified in the patient's application, and to the manufacturer.
The registry verification shall include:
(1) the patient's name and date of birth;
(2) the patient registry number assigned to the patient; and
(3) the name and date of birth of the patient's registered designated caregiver, if any, or
the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or
spouse will be acting as a caregiver.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 152.28, subdivision 1, is amended
to read:
(a) Prior to a patient's enrollment in
the registry program, a health care practitioner shall:
(1) determine, in the health care practitioner's medical judgment, whether a patient suffers
from a qualifying medical condition, and, if so determined, provide the patient with a
certification of that diagnosis;
(2) advise patients, registered designated caregivers, and parents, legal guardians, or
spouses who are acting as caregivers of the existence of any nonprofit patient support groups
or organizations;
(3) provide explanatory information from the deleted text begin commissionerdeleted text end new text begin officenew text end to patients with
qualifying medical conditions, including disclosure to all patients about the experimental
nature of therapeutic use of medical cannabis; the possible risks, benefits, and side effects
of the proposed treatment; the application and other materials from the deleted text begin commissionerdeleted text end new text begin officenew text end ;
and provide patients with the Tennessen warning as required by section 13.04, subdivision
2; and
(4) agree to continue treatment of the patient's qualifying medical condition and report
medical findings to the deleted text begin commissionerdeleted text end new text begin officenew text end .
(b) Upon notification from the deleted text begin commissionerdeleted text end new text begin officenew text end of the patient's enrollment in the
registry program, the health care practitioner shall:
(1) participate in the patient registry reporting system under the guidance and supervision
of the deleted text begin commissionerdeleted text end new text begin officenew text end ;
(2) report health records of the patient throughout the ongoing treatment of the patient
to the deleted text begin commissionerdeleted text end new text begin officenew text end in a manner determined by the commissioner and in accordance
with subdivision 2;
(3) determine, deleted text begin on a yearly basisdeleted text end new text begin every three yearsnew text end , if the patient continues to suffer from
a qualifying medical condition and, if so, issue the patient a new certification of that
diagnosis; and
(4) otherwise comply with all requirements developed by the deleted text begin commissionerdeleted text end new text begin officenew text end .
(c) A health care practitioner may utilize telehealth, as defined in section 62A.673,
subdivision 2, for certifications and recertifications.
(d) Nothing in this section requires a health care practitioner to participate in the registry
program.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.28, subdivision 2, is amended to read:
Data collected on patients by a health care practitioner and reported to
the patient registrynew text begin , including data on patients who are veterans,new text end are health records under
section 144.291, and are private data on individuals under section 13.02, but may be used
or reported in an aggregated, nonidentifiable form as part of a scientific, peer-reviewed
publication of research conducted under section 152.25 or in the creation of summary data,
as defined in section 13.02, subdivision 19.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 152.29, subdivision 3, is amended to read:
(a) A manufacturer shall require that employees
licensed as pharmacists pursuant to chapter 151 be the only employees to give final approval
for the distribution of medical cannabis to a patient. A manufacturer may transport medical
cannabis or medical cannabis products that have been cultivated, harvested, manufactured,
packaged, and processed by that manufacturer to another registered manufacturer for the
other manufacturer to distribute.
(b) A manufacturer may distribute medical cannabis products, whether or not the products
have been manufactured by that manufacturer.
(c) Prior to distribution of any medical cannabis, the manufacturer shall:
(1) verify that the manufacturer has received the registry verification from the
deleted text begin commissionerdeleted text end new text begin officenew text end 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, legal guardian, or spouse
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 deleted text begin commissionerdeleted text end new text begin officenew text end . For purposes of this
clause, a consultation may be conducted remotely by secure videoconference, telephone,
or other remote means, so long as the employee providing the consultation is able to confirm
the identity of the patient and the consultation adheres to patient privacy requirements that
apply to health care services delivered through telehealth. A pharmacist consultation under
this clause is deleted text begin not required when a manufacturer is distributing medical cannabis to a patient
according to a patient-specific dosage plan established with that manufacturer and is not
modifying the dosage or product being distributed under that plan and the medical cannabis
is distributed by a pharmacy technician;deleted text end new text begin only required:
new text end
new text begin (i) if the patient is purchasing the medical cannabis flower or medical cannabinoid
product for the first time;
new text end
new text begin (ii) if the patient purchases medical cannabis flower or a medical cannabinoid product
that the patient must administer using a different method than the patient's previous method
of administration;
new text end
new text begin (iii) if the patient purchases medical cannabis flower or a medical cannabinoid product
with a cannabinoid concentration of at least double the patient's prior dosage; or
new text end
new text begin (iv) upon the request of the patient; and
new 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 dosagedeleted text begin ; and
deleted text end
deleted text begin (6) ensure that the medical cannabis distributed contains a maximum of a 90-day supply
of the dosage determined for that patientdeleted text end .
(d) A manufacturer shall require any employee of the manufacturer who is transporting
medical cannabis or medical cannabis products to a distribution facility or to another
registered manufacturer to carry identification showing that the person is an employee of
the manufacturer.
(e) A manufacturer shall distribute medical cannabis in dried raw cannabis form only
to a patient age 21 or older, or to the registered designated caregiver, parent, legal guardian,
or spouse of a patient age 21 or older.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 152.30, is amended to read:
(a) A patient shall apply to the deleted text begin commissionerdeleted text end new text begin officenew text end for enrollment in the registry program
by submitting an application as required in section 152.27 deleted text begin and an annual registration fee as
determined under section 152.35deleted text end .
(b) As a condition of continued enrollment, patients shall agree to:
(1) continue to receive regularly scheduled treatment for their qualifying medical
condition from their health care practitioner; and
(2) report changes in their qualifying medical condition to their health care practitioner.
(c) A patient shall only receive medical cannabis from a registered manufacturer or
Tribal medical cannabis program but is not required to receive medical cannabis products
from only a registered manufacturer or Tribal medical cannabis program.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 181.950, subdivision 10, is amended to read:
"Positive test result" means a finding of the presence of
drugs, new text begin cannabis, new text end alcohol, or their metabolites in the sample tested in levels at or above the
threshold detection levels contained in the standards of one of the programs listed in section
181.953, subdivision 1.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 181.951, subdivision 4, is amended
to read:
An employer may request or require employees to undergo
cannabis testing deleted text begin ordeleted text end new text begin andnew text end drug and alcohol testing on a random selection basis only if (1) they
are employed in safety-sensitive positions, or (2) they are employed as professional athletes
if the professional athlete is subject to a collective bargaining agreement permitting random
testing but only to the extent consistent with the collective bargaining agreement.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 181.951, subdivision 5, is amended
to read:
An employer may request or require an employee
to undergo cannabis testing and drug and alcohol testing if the employer has a reasonable
suspicion that the employee:
(1) is under the influence of drugsnew text begin , cannabis,new text end or alcohol;
(2) has violated the employer's written work rules prohibiting the use, possession,
new text begin impairment, new text end sale, or transfer of drugs or alcohol, cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products while the employee is
working or while the employee is on the employer's premises or operating the employer's
vehicle, machinery, or equipment, deleted text begin provideddeleted text end new text begin ifnew text end the work rules are in writing and contained
in the employer's written cannabis testing or drug and alcohol testing policy;
(3) has sustained a personal injury, as that term is defined in section 176.011, subdivision
16, or has caused another employee to sustain a personal injury; or
(4) has caused a work-related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 181.951, subdivision 8, is amended
to read:
(a) An employer must not request or require
a job applicant to undergo cannabis testing deleted text begin solely for the purpose of determining the presence
or absence of cannabisdeleted text end as a condition of employment unless otherwise required by state or
federal law.
(b) Unless otherwise required by state or federal law, an employer must not refuse to
hire a job applicant solely because the job applicant submits to a cannabis test or a drug and
alcohol test authorized by this section and the results of the test indicate the presence of
cannabis.
(c) An employer must not request or require an employee or job applicant to undergo
cannabis testing on an arbitrary or capricious basis.
(d) Cannabis testing authorized under deleted text begin paragraph (d)deleted text end new text begin this sectionnew text end must comply with the
safeguards for testing employees provided in sections 181.953 and 181.954.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 181.952, as amended by Laws 2023, chapter
63, article 6, section 38, is amended to read:
An employer's drug and alcohol new text begin and cannabis
new text end testing policy must, at a minimum, set forth the following information:
(1) the employees or job applicants subject to testing under the policy;
(2) the circumstances under which drug or alcohol new text begin and cannabis new text end testing may be requested
or required;
(3) the right of an employee or job applicant to refuse to undergo drug and alcohol new text begin and
cannabis new text end testing and the consequences of refusal;
(4) any disciplinary or other adverse personnel action that may be taken based on a
confirmatory test verifying a positive test result on an initial screening test;
(5) the right of an employee or job applicant to explain a positive test result on a
confirmatory test or request and pay for a confirmatory retest; and
(6) any other appeal procedures available.
An employer shall provide written notice of its drug and alcohol testing
new text begin and cannabis testing new text end policy to all affected employees upon adoption of the policy, to a
previously nonaffected employee upon transfer to an affected position under the policy, and
to a job applicant upon hire and before any testing of the applicant if the job offer is made
contingent on the applicant passing drug and alcohol testing. An employer shall also post
notice in an appropriate and conspicuous location on the employer's premises that the
employer has adopted a drug and alcohol testing new text begin and cannabis testing new text end policy and that copies
of the policy are available for inspection during regular business hours by its employees or
job applicants in the employer's personnel office or other suitable locations.
(a) Unless otherwise provided by state or federal
law, an employer is not required to permit or accommodate cannabis flower, cannabis
product, lower-potency hemp edible, or hemp-derived consumer product use, possession,
impairment, sale, or transfer while an employee is working or while an employee is on the
employer's premises or operating the employer's vehicle, machinery, or equipment.
(b) An employer may only enact and enforce written work rules prohibiting cannabis
flower, cannabis product, lower-potency hemp edible, and hemp-derived consumer product
use, possession, impairment, sale, or transfer while an employee, is working or while an
employee is on the employer's premises or operating the employer's vehicle, machinery, or
equipment in a written policy that contains the minimum information required by this section.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 181.954, subdivision 1, is amended
to read:
A laboratory may only disclose to the employer test
result data regarding the presence or absence of drugs,new text begin cannabis,new text end alcohol, or their metabolites
in a sample tested.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 290.0132, subdivision 29, is amended
to read:
The amount of
expenses of a deleted text begin medical cannabis businessdeleted text end new text begin license holdernew text end , as defined under section 342.01,
subdivision deleted text begin 53deleted text end new text begin 48new text end , related to the business of deleted text begin medical cannabis under sections 342.47 to
342.59, or a license holder under chapter deleted text end deleted text begin 342deleted text end deleted text begin , related to the business of nonmedical cannabis
under that chapter,deleted text end new text begin cannabis or hemp new text end and not allowed for federal income tax purposes under
section 280E of the Internal Revenue Code is a subtraction.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 290.0134, subdivision 19, is amended
to read:
The amount of
expenses of a deleted text begin medical cannabis businessdeleted text end new text begin license holdernew text end , as defined under section 342.01,
subdivision deleted text begin 53deleted text end new text begin 48new text end , related to the business of deleted text begin medical cannabis under sections 342.47 to
342.59, or a license holder under chapter deleted text end deleted text begin 342deleted text end deleted text begin , related to the business of nonmedical cannabis
under that chapter,deleted text end new text begin cannabis or hemp new text end and not allowed for federal income tax purposes under
section 280E of the Internal Revenue Code is a subtraction.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 295.81, subdivision 4, is amended
to read:
(a) The use tax imposed under subdivision 3, paragraph (a), does
not apply to the possession, use, or storage of taxable cannabis products if (1) the taxable
cannabis products have an aggregate cost in any calendar month to the customer of $100
or less, and (2) the taxable cannabis products were carried into this state by the customer.
(b) The tax imposed under this section does not apply to sales of medical items purchased
by or for a patient enrolled in the registry program, including medical cannabis flower,
medical cannabinoid products, or medical cannabis paraphernalia.
(c) Unless otherwise specified in this section, the exemptions applicable to taxes imposed
under chapter 297A are not applicable to the taxes imposed under this section.
(d) The tax imposed under this section does not apply to:
(1) sales made deleted text begin in Indian country as defined in United States Code, title 18, section 1151deleted text end new text begin
on Tribally regulated land as defined in section 3.9228, subdivision 1new text end , by a cannabis business
licensed by a Minnesota Tribal government, as defined in section 3.9228, subdivision 1,
paragraph (f); or
(2) use tax owed on taxable cannabis products purchased on Tribally regulated land as
defined in section 3.9228, subdivision 1, from a cannabis business licensed by a Minnesota
Tribal government as defined in section 3.9228, subdivision 1, paragraph (f).
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 297A.67, subdivision 39, is amended
to read:
The sale of a taxable
cannabis product, as defined in section 295.81, subdivision 1, paragraph (r), that is made
deleted text begin in Indian country, as defined in United States Code, title 18, section 1151deleted text end new text begin on Tribally
regulated land as defined in section 3.9228, subdivision 1new text end , by a cannabis business licensed
by a Minnesota Tribal government, as defined in section 3.9228, subdivision 1, paragraph
(f), is exempt.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 297A.70, subdivision 2, is amended
to read:
(a) All sales, except those listed in paragraph (b), to the
following governments and political subdivisions, or to the listed agencies or instrumentalities
of governments and political subdivisions, are exempt:
(1) the United States and its agencies and instrumentalities;
(2) school districts, local governments, the University of Minnesota, state universities,
community colleges, technical colleges, state academies, the Perpich Minnesota Center for
Arts Education, and an instrumentality of a political subdivision that is accredited as an
optional/special function school by the North Central Association of Colleges and Schools;
(3) hospitals and nursing homes owned and operated by political subdivisions of the
state of tangible personal property and taxable services used at or by hospitals and nursing
homes;
(4) other states or political subdivisions of other states, if the sale would be exempt from
taxation if it occurred in that state; and
(5) public libraries, public library systems, multicounty, multitype library systems as
defined in section 134.001, county law libraries under chapter 134A, state agency libraries,
the state library under section 480.09, and the Legislative Reference Library.
(b) This exemption does not apply to the sales of the following products and services:
(1) building, construction, or reconstruction materials purchased by a contractor or a
subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed
maximum price covering both labor and materials for use in the construction, alteration, or
repair of a building or facility;
(2) construction materials purchased by tax exempt entities or their contractors to be
used in constructing buildings or facilities which will not be used principally by the tax
exempt entities;
(3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except
for leases entered into by the United States or its agencies or instrumentalities;
(4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2),
prepared food, candy, soft drinks, alcoholic beverages as defined in section 297A.67,
subdivision 2, and taxable cannabis products as defined under section 295.81, subdivision
1, paragraph (r), except for lodging, prepared food, candy, soft drinks, alcoholic beverages,
and taxable cannabis products purchased directly by the United States or its agencies or
instrumentalities; or
(5) goods or services purchased by a local government as inputs to a liquor store, new text begin taxable
cannabis product retailer as defined under section 295.81, subdivision 1, paragraph (p), new text end gas
or electric utility, solid waste hauling service, solid waste recycling service, landfill, golf
course, marina, campground, cafe, or laundromat.
(c) As used in this subdivision, "school districts" means public school entities and districts
of every kind and nature organized under the laws of the state of Minnesota, and any
instrumentality of a school district, as defined in section 471.59.
(d) For purposes of the exemption granted under this subdivision, "local governments"
has the following meaning:
(1) for the period prior to January 1, 2017, local governments means statutory or home
rule charter cities, counties, and townships; and
(2) beginning January 1, 2017, local governments means statutory or home rule charter
cities, counties, and townships; special districts as defined under section 6.465; any
instrumentality of a statutory or home rule charter city, county, or township as defined in
section 471.59; and any joint powers board or organization created under section 471.59.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 14, is amended
to read:
"Cannabis business" means any of the following licensed
under this chapter:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;new text begin and
new text end
deleted text begin (11) medical cannabis cultivator;
deleted text end
deleted text begin (12) medical cannabis processor;
deleted text end
deleted text begin (13) medical cannabis retailer; and
deleted text end
deleted text begin (14)deleted text end new text begin (11)new text end medical cannabis combination business.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 17, is amended
to read:
"Cannabis industry" means every item, product, person,
process, action, business, or other thing related to new text begin cannabis plants, new text end cannabis flowernew text begin ,new text end and
cannabis products deleted text begin and subject to regulation under this chapterdeleted text end .
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 19, is amended
to read:
"Cannabis plant" means all parts of the plant of the genus
Cannabis that is growing or has not been harvested deleted text begin and has a delta-9 tetrahydrocannabinol
concentration of more than 0.3 percent on a dry weight basisdeleted text end new text begin , including but not limited to
a mother plant; a mature, flowering plant; an immature plant; or a seedling. Cannabis plant
does not include a hemp plantnew text end .
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, is amended by adding a
subdivision to read:
new text begin "Endorsement" means an authorization from the office to
conduct a specified operation activity.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 48, is amended
to read:
"License holder" means a person, cooperative, or business
that holds any of the following licenses:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;
(11) lower-potency hemp edible manufacturer;
(12) lower-potency hemp edible retailer;new text begin or
new text end
deleted text begin (13) medical cannabis cultivator;
deleted text end
deleted text begin (14) medical cannabis processor;
deleted text end
deleted text begin (15) medical cannabis retailer; or
deleted text end
deleted text begin (16)deleted text end new text begin (13)new text end medical cannabis combination business.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 50, is amended
to read:
new text begin (a) new text end "Lower-potency hemp edible" means any
product that:
(1) is intended to be eaten or consumed as a beverage by humans;
(2) contains hemp concentrate or an artificially derived cannabinoid, in combination
with food ingredients;
(3) is not a drug;
deleted text begin (4) consists of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any
combination of those cannabinoids that does not exceed the identified amounts;
deleted text end
deleted text begin (5) does not contain more than a combined total of 0.5 milligrams of all other
cannabinoids per serving;
deleted text end
deleted text begin (6) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol;
deleted text end
deleted text begin (7)deleted text end new text begin (4)new text end does not contain a cannabinoid derived from cannabis plants or cannabis flower;
deleted text begin and
deleted text end
deleted text begin (8)deleted text end new text begin (5)new text end is a type of product approved for sale by the office or is substantially similar to
a product approved by the office, including but not limited to products that resemble
nonalcoholic beverages, candy, and baked goodsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin (6) meets either of the requirements in paragraph (b).
new text end
new text begin (b) A lower-potency hemp edible includes:
new text end
new text begin (1) a product that:
new text end
new text begin (i) consists of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol,
or cannabichromene; any other cannabinoid authorized by the office; or any combination
of those cannabinoids that does not exceed the identified amounts;
new text end
new text begin (ii) does not contain more than a combined total of 0.5 milligrams of all other
cannabinoids per serving; and
new text end
new text begin (iii) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol, except that a product may include artificially derived cannabinoids
created during the process of creating the delta-9 tetrahydrocannabinol that is added to the
product, if no artificially derived cannabinoid is added to the ingredient containing delta-9
tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially
derived cannabinoids is no less than 20 to one; or
new text end
new text begin (2) a product that:
new text end
new text begin (i) contains hemp concentrate processed or refined without increasing the percentage of
targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp
plant or hemp plant parts beyond the variability generally recognized for the method used
for processing or refining or by an amount needed to reduce the total THC in the hemp
concentrate; and
new text end
new text begin (ii) consists of servings that contain no more than five milligrams of total THC.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 52, is amended
to read:
(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 deleted text begin medical cannabis retailerdeleted text end new text begin cannabis business with
a medical cannabis retail endorsementnew text end 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.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 54, is amended
to read:
"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 deleted text begin medical cannabis businessdeleted text end new text begin cannabis
business with a medical cannabis retail endorsementnew text end to treat or alleviate the symptoms of
a qualifying medical condition. Medical cannabis flower does not include adult-use cannabis
flower.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 57, is amended
to read:
"Office" means the new text begin director of the new text end Office of Cannabis Management.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 63, is amended
to read:
"Qualifying medical condition" means new text begin either
a medical condition for which an individual's health care practitioner has recommended,
approved, or authorized the use of cannabis by that individual to treat the condition, or new text end a
diagnosis of any of the following conditions:
(1) Alzheimer's disease;
(2) autism spectrum disorder that meets the requirements of the fifth edition of the
Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric
Association;
(3) 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;
(4) chronic motor or vocal tic disorder;
(5) chronic pain;
(6) glaucoma;
(7) human immunodeficiency virus or acquired immune deficiency syndrome;
(8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c);
(9) obstructive sleep apnea;
(10) post-traumatic stress disorder;
(11) Tourette's syndrome;
(12) amyotrophic lateral sclerosis;
(13) seizures, including those characteristic of epilepsy;
(14) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;
(15) inflammatory bowel disease, including Crohn's disease;
(16) irritable bowel syndrome;
(17) obsessive-compulsive disorder;
(18) sickle cell disease;new text begin or
new text end
(19) 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 wastingdeleted text begin ; or
deleted text end
deleted text begin (20) any other medical condition or its treatment approved by the officedeleted text end .
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 64, is amended
to read:
"Registered designated caregiver" means
an individual who:
(1) is at least 18 years old;
deleted text begin (2) is not disqualified for a criminal offense according to rules adopted pursuant to
section 342.15, subdivision 2;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end has been approved by the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end to assist a patient
with obtaining medical cannabis flower and medical cannabinoid products from a cannabis
deleted text begin retailer or medical cannabis retailerdeleted text end new text begin business with a medical cannabis retail endorsementnew text end
and with administering medical cannabis flower and medical cannabinoid products; and
deleted text begin (4)deleted text end new text begin (3)new text end is authorized by the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end to assist a patient with
the use of medical cannabis flower and medical cannabinoid products.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 65, is amended
to read:
"Registry" or "registry program" means the
patient registry established under this chapter listing patientsnew text begin ; registered designated
caregivers; and any parent, legal guardian, or spouse of a patient who isnew text end authorized tonew text begin perform
the following acts either as a patient or to assist a patient:
new text end
new text begin (1)new text end obtain medical cannabis flower, medical cannabinoid products, and medical cannabis
paraphernalia from new text begin a new text end cannabis deleted text begin retailers and medical cannabis retailersdeleted text end new text begin business with a
medical cannabis retail endorsement;new text end and
new text begin (2)new text end administer medical cannabis flower and medical cannabinoid products.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, subdivision 66, is amended
to read:
"Registry verification" means the verification provided
by the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end that a patient is enrolled in the registry program
and that includes the patient's name, patient registry number, and, if applicable, the name
of the patient's registered designated caregiver or parent, legal guardian, or spouse.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.01, is amended by adding a
subdivision to read:
new text begin "Total THC" means the sum of the percentage by weight of
tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of all
tetrahydrocannabinols.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.02, subdivision 2, is amended
to read:
(a) The office has the following powers and duties:
(1) to develop, maintain, and enforce an organized system of regulation for the cannabis
industry and hemp consumer industry;
(2) to establish programming, services, and notification to protect, maintain, and improve
the health of citizens;
(3) to prevent unauthorized access to cannabis flower, cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products by individuals under 21 years of age;
(4) to establish and regularly update standards for product manufacturing, testing,
packaging, and labeling, including requirements for an expiration, sell-by, or best-used-by
date;
(5) to promote economic growth with an emphasis on growth in areas that experienced
a disproportionate, negative impact from cannabis prohibition;
(6) to issue and renew licenses;
(7) to require fingerprints from individuals determined to be subject to fingerprinting,
including the submission of fingerprints to the Federal Bureau of Investigation where
required by law and to obtain criminal conviction data for individuals seeking a license
from the office on the individual's behalf or as a cooperative member or director, manager,
or general partner of a business entity;
(8) to receive reports required by this chapter and inspect the premises, records, books,
and other documents of license holders to ensure compliance with all applicable laws and
rules;
(9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations
pursuant to the office's authority;
(10) to impose and collect civil and administrative penalties as provided in this chapter;
(11) to publish such information as may be deemed necessary for the welfare of cannabis
businesses, cannabis workers, hemp businesses, and hemp workers and the health and safety
of citizens;
(12) to make loans and grants in aid to the extent that appropriations are made available
for that purpose;
(13) to authorize research and studies on cannabis flower, cannabis products, artificially
derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, the
cannabis industry, and the hemp consumer industry;
(14) to provide reports as required by law;
(15) to develop a warning label regarding the effects of the use of cannabis flower and
cannabis products by persons 25 years of age or younger;
(16) to determine, based on a review of medical and scientific literature, whether it is
appropriate to require additional health and safety warnings containing information that is
both supported by credible science and helpful to consumers in considering potential health
risks from the use of cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products, including but not limited to warnings regarding any risks
associated with use by pregnant or breastfeeding individuals, or by individuals planning to
become pregnant, and the effects that use has on brain development for individuals under
the age of 25;
(17) to establish limits on the potency of cannabis flower and cannabis products that can
be sold to customers by licensed cannabis retailers, licensed cannabis microbusinesses, and
licensed cannabis mezzobusinesses with an endorsement to sell cannabis flower and cannabis
products to customers;
(18) to establish rules authorizing an increase in plant canopy limits and outdoor
cultivation limits to meet market demand and limiting cannabis manufacturing consistent
with the goals identified in subdivision 1; deleted text begin and
deleted text end
new text begin (19) to order a person or business that cultivates cannabis flower or manufactures or
produces cannabis products, medical cannabinoid products, artificially derived cannabinoids,
lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical
products to recall any cannabis flower, product, or ingredient containing cannabinoids that
is used in a product if the office determines that the flower, product, or ingredient represents
a risk of causing a serious adverse incident; and
new text end
deleted text begin (19)deleted text end new text begin (20)new text end to exercise other powers and authority and perform other duties required by
law.
(b) In addition to the powers and duties in paragraph (a), the office has the following
powers and duties until January 1, 2027:
(1) to establish limits on the potency of adult-use cannabis flower and adult-use cannabis
products that can be sold to customers by licensed cannabis retailers, licensed cannabis
microbusinesses, and licensed cannabis mezzobusinesses with an endorsement to sell
adult-use cannabis flower and adult-use cannabis products to customers; and
(2) to permit, upon application to the office in the form prescribed by the director of the
office, a licensee under this chapter to perform any activity if such permission is substantially
necessary for the licensee to perform any other activity permitted by the applicant's license
and is not otherwise prohibited by law.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.02, subdivision 3, is amended
to read:
(a) The powers and duties of the Department of
Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections
152.22 to 152.37, are transferred to the Office of Cannabis Management under section
15.039.
(b) The following protections shall apply to employees who are transferred from the
Department of Health to the Office of Cannabis Management:
(1) the employment status and job classification of a transferred employee shall not be
altered as a result of the transfer;
(2) transferred employees who were represented by an exclusive representative prior to
the transfer shall continue to be represented by the same exclusive representative after the
transfer;
(3) the applicable collective bargaining agreements with exclusive representatives shall
continue in full force and effect for such transferred employees after the transfer;
(4) the state must meet and negotiate with the exclusive representatives of the transferred
employees about any proposed changes affecting or relating to the transferred employees'
terms and conditions of employment to the extent such changes are not addressed in the
applicable collective bargaining agreement; and
(5) for an employee in a temporary unclassified position transferred to the Office of
Cannabis Management, the total length of time that the employee has served in the
appointment shall include all time served in the appointment and the transferring agency
and the time served in the appointment at the Office of Cannabis Management. An employee
in a temporary unclassified position who was hired by a transferring agency through an
open competitive selection process in accordance with a policy enacted by Minnesota
Management and Budget shall be considered to have been hired through such process after
the transfer.
new text begin (c) This subdivision is effective July 1, 2024.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.02, subdivision 5, is amended
to read:
new text begin (a) new text end The office may adopt rules to implement any provisions in
this chapter.
new text begin (b)new text end Rules for which notice is published in the State Register before July 1, 2025, may
be adopted using the expedited rulemaking process in section 14.389.new text begin The 18-month time
limit imposed by section 14.125 does not apply to rules adopted under this paragraph.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.02, subdivision 6, is amended
to read:
(a) The governor shall appoint a director of the office with the advice
and consent of the senate. The director must be in the unclassified service and must serve
at the pleasure of the governor.
(b) The salary of the director must deleted text begin not exceed the salary limitdeleted text end new text begin benew text end established new text begin by the
Compensation Council new text end under section deleted text begin 15A.0815, subdivision 3deleted text end new text begin 15A.082new text end .
new text begin (c) The director may appoint and employ no more than two deputy directors.
new text end
new text begin (d) The director has administrative control of the office. The director has the powers
described in section 15.06, subdivision 6.
new text end
new text begin (e) The director may apply for and accept on behalf of the state any grants, bequests,
gifts, or contributions for the purpose of carrying out the duties and responsibilities of the
director.
new text end
new text begin (f) Pursuant to state law, the director may apply for and receive money made available
from federal sources for the purpose of carrying out the duties and responsibilities of the
director.
new text end
new text begin (g) The director may make contracts with and grants to Tribal Nations, public and private
agencies, for-profit and nonprofit organizations, and individuals using appropriated money.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.03, subdivision 1, is amended
to read:
The Cannabis Advisory Council is created consisting of
the following members:
(1) the director of the Office of Cannabis Management or a designee;
(2) the commissioner of employment and economic development or a designee;
(3) the commissioner of revenue or a designee;
(4) the commissioner of health or a designee;
(5) the commissioner of human services or a designee;
(6) the commissioner of public safety or a designee;
(7) the commissioner of human rights or a designee;
(8) the commissioner of labor or a designee;
(9) the commissioner of agriculture or a designee;
(10) the commissioner of the Pollution Control Agency or a designee;
(11) the superintendent of the Bureau of Criminal Apprehension or a designee;
(12) the colonel of the State Patrol or a designee;
(13) the director of the Office of Traffic Safety in the Department of Public Safety or a
designee;
(14) a representative from the League of Minnesota Cities appointed by the league;
(15) a representative from the Association of Minnesota Counties appointed by the
association;
(16) an expert in minority business development appointed by the governor;
(17) an expert in economic development strategies for under-resourced communities
appointed by the governor;
(18) an expert in farming or representing the interests of farmers appointed by the
governor;
(19) an expert representing the interests of cannabis workers appointed by the governor;
(20) an expert representing the interests of employers appointed by the governor;
(21) an expert in municipal law enforcement with advanced training in impairment
detection and evaluation appointed by the governor;
(22) an expert in social welfare or social justice appointed by the governor;
(23) an expert in criminal justice reform to mitigate the disproportionate impact of drug
prosecutions on communities of color appointed by the governor;
(24) an expert in prevention, treatment, and recovery related to substance use disorders
appointed by the governor;
(25) an expert in minority business ownership appointed by the governor;
(26) an expert in women-owned businesses appointed by the governor;
(27) an expert in cannabis retailing appointed by the governor;
(28) an expert in cannabis product manufacturing appointed by the governor;
(29) an expert in laboratory sciences and toxicology appointed by the governor;
(30) an expert in providing legal services to cannabis businesses appointed by the
governor;
(31) an expert in cannabis cultivation appointed by the governor;
(32) an expert in pediatric medicine appointed by the governor;
(33) an expert in adult medicine appointed by the governor;
(34) new text begin an expert in clinical pharmacy appointed by the governor;
new text end
new text begin (35) new text end three patient advocates, one who is a patient enrolled in the medical cannabis
program; one who is a parent or caregiver of a patient in the medical cannabis program;
and one patient with experience in the mental health system or substance use disorder
treatment system appointed by the governor;
deleted text begin (35)deleted text end new text begin (36)new text end two licensed mental health professionals appointed by the governor;
deleted text begin (36)deleted text end new text begin (37)new text end a veteran appointed by the governor;
deleted text begin (37)deleted text end new text begin (38)new text end one member of each of the following federally recognized Tribes, designated
by the elected Tribal president or chairperson of the governing bodies of:
(i) the Fond du Lac Band;
(ii) the Grand Portage Band;
(iii) the Mille Lacs Band;
(iv) the White Earth Band;
(v) the Bois Forte Band;
(vi) the Leech Lake Band;
(vii) the Red Lake Nation;
(viii) the Upper Sioux Community;
(ix) the Lower Sioux Indian Community;
(x) the Shakopee Mdewakanton Sioux Community; and
(xi) the Prairie Island Indian Community; deleted text begin and
deleted text end
deleted text begin (38)deleted text end new text begin (39)new text end a representative from the Local Public Health Association of Minnesota
appointed by the associationdeleted text begin .deleted text end new text begin ; and
new text end
new text begin (40) one youth from outside the seven-county metropolitan area as defined in section
473.121, subdivision 4, and one youth from the seven-county metropolitan area who are
both appointed by the governor. The youths must have been disproportionately affected by
cannabis or cannabis use or have an immediate family member who was negatively affected
by cannabis use. The youths must be between the ages of 18 and 24 years old.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.03, subdivision 4, is amended
to read:
(a) The duties of the advisory council shall include:
(1) reviewing national cannabis policy;
(2) examining the effectiveness of state cannabis policy;
(3) reviewing developments in the cannabis industry and hemp consumer industry;
(4) reviewing developments in the study of cannabis flower, cannabis products, artificially
derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products;
(5) taking public testimony; deleted text begin and
deleted text end
new text begin (6) considering the impact of legalized adult-use cannabis on the rate of cannabis use
by minors; and
new text end
deleted text begin (6)deleted text end new text begin (7)new text end making recommendations to the Office of Cannabis Management.
(b) At its discretion, the advisory council may examine other related issues consistent
with this section.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.06, is amended to read:
(a) For the purposes of
this section, "product category" means a type of product that may be sold in different sizes,
distinct packaging, or at various prices but is still created using the same manufacturing or
agricultural processes. A new or additional stock keeping unit (SKU) or Universal Product
Code (UPC) shall not prevent a product from being considered the same type as another
unit. All other terms have the meanings provided in section 342.01.
(b) The office shall approve product categories of cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for retail sale.
(c) The office may establish limits on the total THC of cannabis flower, cannabis products,
and hemp-derived consumer products. As used in this paragraph, "total THC" means the
sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus
the percentage by weight of all tetrahydrocannabinols.
(d) The office shall not approve any cannabis product, lower-potency hemp edible, or
hemp-derived consumer product that:
(1) is or appears to be a lollipop or ice cream;
(2) bears the likeness or contains characteristics of a real or fictional person, animal, or
fruit;
(3) is modeled after a type or brand of products primarily consumed by or marketed to
children;
(4) is substantively similar to a meat food product; poultry food product as defined in
section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision
7;
(5) contains a synthetic cannabinoid;
(6) is made by applying a cannabinoid, including but not limited to an artificially derived
cannabinoid, to a finished food product that does not contain cannabinoids and is sold to
consumers, including but not limited to a candy or snack food; or
(7) if the product is an edible cannabis product or lower-potency hemp edible, contains
an ingredient, other than a cannabinoid, that is not approved by the United States Food and
Drug Administration for use in food.
new text begin (a) The office may designate any cannabinoid as
nonintoxicating and may approve the use of any cannabinoid in lower-potency hemp edibles.
The office may establish limits on the amount of an intoxicating cannabinoid that may be
present in a lower-potency hemp edible.
new text end
new text begin (b) Beginning January 1, 2026, any person may petition the office to designate a
cannabinoid as nonintoxicating or to allow the use of any cannabinoid in lower-potency
hemp edibles. Petitions must be filed in the form and manner established by the office and
must:
new text end
new text begin (1) specify the cannabinoid that is the subject of the petition;
new text end
new text begin (2) indicate whether the petition seeks to have the cannabinoid designated as
nonintoxicating or approved for use in lower-potency hemp edibles;
new text end
new text begin (3) indicate whether the cannabinoid has been identified in cannabis plants, cannabis
extract, hemp plant parts, or hemp extract; and
new text end
new text begin (4) include verified data, validated studies, or other evidence that is generally relied
upon in the scientific community to support the petition.
new text end
new text begin (c) The office must post all final determinations on the office's publicly facing website.
new text end
new text begin (d) If the office denies a petition to designate a cannabinoid as nonintoxicating or to
allow the cannabinoid's use in lower-potency hemp edibles, that denial shall be in effect for
two years. Any petition filed under this subdivision within two years of a final determination
denying a petition for the same cannabinoid must be summarily denied.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.07, subdivision 3, is amended
to read:
(a) Any person seeking
to manufacture, process, sell, handle, or store an edible cannabis product or lower-potency
hemp edible, other than an edible cannabis product or lower-potency hemp edible that has
been placed in its final packaging, must first obtain an edible cannabinoid product handler
endorsement.
(b) In consultation with the commissioner of agriculture, the office shall establish an
edible cannabinoid product handler endorsement.
(c) The office must regulate edible cannabinoid product handlers deleted text begin and assess penalties
in the samedeleted text end new text begin in anew text end manner deleted text begin provided fordeleted text end new text begin consistent with Department of Agriculture regulation
ofnew text end food handlers under chapters 28A, 31, and 34A and associated rules, with the following
exceptions:
(1) the office must issue an edible cannabinoid product handler endorsement, rather than
a license;
(2) eligibility for an edible cannabinoid product handler endorsement is limited to persons
who possess a valid license issued by the office;
(3) the office may not charge a fee for issuing or renewing the endorsement;
(4) the office must align the term and renewal period for edible cannabinoid product
handler endorsements with the term and renewal period of the license issued by the office;
and
(5) an edible cannabis product or lower-potency hemp edible must not be considered
adulterated solely because the product or edible contains tetrahydrocannabinol, cannabis
concentrate, hemp concentrate, artificially derived cannabinoids, or any other material
extracted or derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant
parts.
(d) The edible cannabinoid product handler endorsement must prohibit the manufacture
of edible cannabis products at the same premises where food is manufactured, except for
the limited production of edible products produced solely for product development, sampling,
or testing. This limitation does not apply to the manufacture of lower-potency hemp edibles.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.09, subdivision 1, is amended
to read:
(a) An individual 21 years of age or older may:
(1) use, possess, or transport cannabis paraphernalia;
(2) possess or transport two ounces or less of adult-use cannabis flower in a public place;
(3) possess two pounds or less of adult-use cannabis flower in the individual's private
residence;
(4) possess or transport eight grams or less of adult-use cannabis concentrate;
(5) possess or transport edible cannabis products or lower-potency hemp edibles infused
with a combined total of 800 milligrams or less of tetrahydrocannabinol;
(6) give for no remuneration to an individual who is at least 21 years of age:
(i) two ounces or less of adult-use cannabis flower;
(ii) eight grams or less of adult-use cannabis concentrate; or
(iii) an edible cannabis product or lower-potency hemp edible infused with 800 milligrams
or less of tetrahydrocannabinol; and
(7) use adult-use cannabis flower and adult-use cannabis products in the following
locations:
(i) a private residence, including the individual's curtilage or yard;
(ii) on private property, not generally accessible by the public, unless the individual is
explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products on the property by the owner of the
property; or
(iii) on the premises of an establishment or event licensed to permit on-site consumption.
(b) Except as provided in paragraph (c), an individual may not:
(1) use, possess, or transport cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products if the individual is under 21 years of age;
(2) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in a motor vehicle as defined in section 169A.03, subdivision 15;
(3) use cannabis flower, cannabis products, or hemp-derived consumer products in a
manner that involves the inhalation of smoke, aerosol, or vapor at any location where
smoking is prohibited under section 144.414;
(4) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products in a public school, as defined in section 120A.05,
subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E, including all
facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
leases, rents, contracts for, or controls;
(5) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products in a state correctional facility;
(6) operate a motor vehicle while under the influence of cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products;
(7) give for no remuneration cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products to an individual under 21 years of age;
(8) give for no remuneration cannabis flower or cannabis products as a sample or
promotional gift if the giver is in the business of selling goods or services; or
(9) vaporize or smoke cannabis flower, cannabis products, artificially derived
cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol,
or vapor would be inhaled by a minor.
(c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other
than by smoking or by a vaporized delivery method, possession, or transportation of medical
cannabis flower or medical cannabinoid products by a patient; a registered designated
caregiver; or a parent, legal guardian, or spouse of a patient.
new text begin (d) The possession limits in paragraph (a), clauses (2) to (5), do not apply to a person
enrolled in the medical cannabis patient registry program under section 342.52 if the person
possesses cannabis flower or cannabinoid products that include patient-specific labeling
according to sections 342.51, subdivision 2, and 342.63, subdivision 4.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end A proprietor of a family or group family day care program must disclose to parents
or guardians of children cared for on the premises of the family or group family day care
program, if the proprietor permits the smoking or use of cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products on the premises outside
of its hours of operation. Disclosure must include posting on the premises a conspicuous
written notice and orally informing parents or guardians. Cannabis flower or cannabis
products must be inaccessible to children and stored away from food products.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.09, subdivision 3, is amended
to read:
No person may use a volatile solvent to separate or extract cannabis concentrate
or hemp concentrate without a cannabis microbusiness, cannabis mezzobusiness, cannabis
manufacturer, medical cannabis deleted text begin processordeleted text end new text begin combination businessnew text end , or lower-potency hemp
edible manufacturer license issued under this chapter.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.10, is amended to read:
The office shall issue the following types of license:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;
(11) lower-potency hemp edible manufacturer;
(12) lower-potency hemp edible retailer;new text begin and
new text end
deleted text begin (13) medical cannabis cultivator;
deleted text end
deleted text begin (14) medical cannabis processor;
deleted text end
deleted text begin (15) medical cannabis retailer; or
deleted text end
deleted text begin (16)deleted text end new text begin (13)new text end medical cannabis combination business.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.11, is amended to read:
(a) The office shall require the payment of application fees, initial licensing fees, and
renewal licensing fees as provided in this section. The initial license fee shall include the
fee for initial issuance of the license and the first annual renewal. The renewal fee shall be
charged at the time of the second renewal and each subsequent annual renewal thereafter.
Nothing in this section prohibits a local unit of government from charging the retailer
registration fee established in section 342.22. Application fees, initial licensing fees, and
renewal licensing fees are nonrefundable.
(b) Application and licensing fees shall be as follows:
(1) for a cannabis microbusiness:
(i) an application fee of $500;
(ii) an initial license fee of $0; and
(iii) a renewal license fee of $2,000;
(2) for a cannabis mezzobusiness:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(3) for a cannabis cultivator:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000; and
(iii) a renewal license fee of $30,000;
(4) for a cannabis manufacturer:
(i) an application fee of $10,000;
(ii) an initial license fee of $10,000; and
(iii) a renewal license fee of $20,000;
(5) for a cannabis retailer:
(i) an application fee of $2,500;
(ii) an initial license fee of $2,500; and
(iii) a renewal license fee of $5,000;
(6) for a cannabis wholesaler:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(7) for a cannabis transporter:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(8) for a cannabis testing facility:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(9) for a cannabis delivery service:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(10) for a cannabis event organizer:
(i) an application fee of $750; and
(ii) an initial license fee of $750;
(11) for a lower-potency hemp edible manufacturer:
(i) an application fee of $250;
(ii) an initial license fee of $1,000; and
(iii) a renewal license fee of $1,000;
(12) for a lower-potency hemp edible retailer:
(i) an application fee of $250 per retail location;
(ii) an initial license fee of $250 per retail location; and
(iii) a renewal license fee of $250 per retail location;new text begin and
new text end
deleted text begin (13) for a medical cannabis cultivator:
deleted text end
deleted text begin (i) an application fee of $250;
deleted text end
deleted text begin (ii) an initial license fee of $0; and
deleted text end
deleted text begin (iii) a renewal license fee of $0;
deleted text end
deleted text begin (14) for a medical cannabis processor:
deleted text end
deleted text begin (i) an application fee of $250;
deleted text end
deleted text begin (ii) an initial license fee of $0; and
deleted text end
deleted text begin (iii) a renewal license fee of $0;
deleted text end
deleted text begin (15) for a medical cannabis retailer:
deleted text end
deleted text begin (i) an application fee of $250;
deleted text end
deleted text begin (ii) an initial license fee of $0; and
deleted text end
deleted text begin (iii) a renewal license fee of $0; and
deleted text end
deleted text begin (16)deleted text end new text begin (13)new text end for a medical cannabis combination business:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000; and
(iii) a renewal license fee of $70,000.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.12, is amended to read:
(a) Licenses issued under this chapter new text begin that are available to all applicants pursuant to
section 342.14, subdivision 1b, paragraph (c), new text end may be freely transferred subject to the prior
written approval of the officedeleted text begin , which approval may be given or withheld in the office's sole
discretion, provided that a social equity applicant may only transfer the applicant's license
to another social equity applicantdeleted text end new text begin unless the license holder has not received a final site
inspection or the license holder is a social equity applicantnew text end .
new text begin (b) Licenses issued as social equity licenses pursuant to either section 342.14, subdivision
1b, paragraph (b), or section 342.175, paragraph (b), may only be transferred to another
social equity applicant for three years after the date on which the office issues the license.
Three years after the date of issuance, a license holder may transfer a license to any entity.
Transfer of a license that was issued as a social equity license must be reviewed by the
Division of Social Equity and is subject to the prior written approval of the office.
new text end
new text begin (c) License preapproval issued pursuant to section 342.125 may not be transferred.
new text end
new text begin (d)new text end A new license must be obtained when:
(1) the form of the licensee's legal business structure converts or changes to a different
type of legal business structure; or
(2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency,
or receivership proceedings; merges with another legal organization; or assigns all or
substantially all of its assets for the benefit of creditors.
deleted text begin (b) Transfers between social equity applicants must be reviewed by the Division of
Social Equity.
deleted text end
deleted text begin (c)deleted text end new text begin (e)new text end Licenses must be renewed annually.
deleted text begin (d)deleted text end new text begin (f)new text end License holders may petition the office to adjust the tier of a license issued within
a license category deleted text begin provided thatdeleted text end new text begin ifnew text end the license holder meets all applicable requirements.
deleted text begin (e)deleted text end new text begin (g)new text end The office by rule may permit new text begin the new text end relocation of a licensed cannabis businessdeleted text begin ,deleted text end new text begin ;
permit the relocation of an approved operational location, including a cultivation,
manufacturing, processing, or retail location;new text end adopt requirements for the submission of a
license relocation applicationdeleted text begin ,deleted text end new text begin ;new text end establish standards for the approval of a relocation
applicationdeleted text begin ,deleted text end new text begin ;new text end and charge a fee not to exceed $250 for reviewing and processing applications.
Relocation of a licensed premises pursuant to this paragraph does not extend or otherwise
modify the license term of the license subject to relocation.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.13, is amended to read:
(a) A local unit of government may not prohibit the possession, transportation, or use
of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products authorized under this chapter.
(b) Except as provided in section 342.22, a local unit of government may not prohibit
the establishment or operation of a cannabis business new text begin or hemp business new text end licensed under this
chapter.
(c) A local unit of government may adopt reasonable restrictions on the time, place, and
manner of the operation of a cannabis business provided that such restrictions do not prohibit
the establishment or operation of cannabis businesses. A local unit of government may
prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a
day care, residential treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
(d) The office shall work with local units of government to:
(1) develop model ordinances for reasonable restrictions on the time, place, and manner
of the operation of a cannabis business;
(2) develop standardized forms and procedures for the issuance of a retail registration
pursuant to section 342.22; and
(3) develop model policies and procedures for the performance of compliance checks
required under section 342.22.
(e) If a local unit of government is conducting studies or has authorized a study to be
conducted or has held or has scheduled a hearing for the purpose of considering adoption
or amendment of reasonable restrictions on the time, place, and manner of the operation of
a cannabis business, the governing body of the local unit of government may adopt an
interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. Before adopting the
interim ordinance, the governing body must hold a public hearing. The interim ordinance
may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction
or a portion thereof until January 1, 2025.
(f) Within 30 days of receiving a copy of an application from the office, a local unit of
government shall certify on a form provided by the office whether a proposed cannabis
business complies with local zoning ordinances and, if applicable, whether the proposed
business complies with the state fire code and building code. The office may not issue a
license if deleted text begin adeleted text end new text begin the local unit of government informs the office that thenew text end cannabis business does
not meet local zoning and land use laws.new text begin If the local unit of government does not provide
the certification to the office within 30 days of receiving a copy of an application from the
office, the office may issue a license.
new text end
deleted text begin (g) Upon receipt of an application for a license issued under this chapter, the office shall
contact the local unit of government in which the business would be located and provide
the local unit of government with 30 days in which to provide input on the application. The
local unit of government may provide the office with any additional information it believes
is relevant to the office's decision on whether to issue a license, including but not limited
to identifying concerns about the proposed location of a cannabis business or sharing public
information about an applicant.
deleted text end
deleted text begin (h)deleted text end new text begin (g)new text end The office by rule shall establish an expedited complaint process to receive,
review, and respond to complaints made by a local unit of government about a cannabis
business. deleted text begin Complaints may include alleged violations of local ordinances or other alleged
violations.deleted text end At a minimum, the expedited complaint process shall require the office to provide
an initial response to the complaint within seven days and perform any necessary inspections
within 30 days. Nothing in this paragraph prohibits a local unit of government from enforcing
a local ordinance. If a local unit of government notifies the office that a cannabis business
other than a cannabis retailer, cannabis microbusiness new text begin or cannabis mezzobusiness new text end with a
retail operations endorsement, deleted text begin cannabis mezzobusiness,deleted text end lower-potency hemp edible retailer,
deleted text begin medical cannabis retailer,deleted text end or medical cannabis combination business new text begin operating a retail
location new text end poses an immediate threat to the health or safety of the public, the office must
respond within one business day and may take any action described in section 342.19 or
342.21.
deleted text begin (i)deleted text end new text begin (h)new text end A local government unit that issues new text begin a new text end cannabis retailer registration under section
342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis
mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with
a retail operations endorsement to no fewer than one registration for every 12,500 residents.
deleted text begin (j)deleted text end new text begin (i)new text end If a county has one active registration for every 12,500 residents, a city or town
within the county is not obligated to register a cannabis business.
deleted text begin (k)deleted text end new text begin (j)new text end Nothing in this section shall prohibit a local government unit from allowing
licensed cannabis retailers in excess of the minimums set in paragraph deleted text begin (i)deleted text end new text begin (h)new text end .
deleted text begin (l)deleted text end new text begin (k)new text end Notwithstanding the foregoing provisions, the state shall not issue a license to
any cannabis business to operate in Indian country, as defined in United States Code, title
18, section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.14, is amended to read:
(a) The office deleted text begin by ruledeleted text end shall establish deleted text begin forms anddeleted text end
procedures for the processing of cannabis licenses issued under this chapter. At a minimum,
any application to obtain or renew a cannabis license shall include the following information,
if applicable:
(1) the name, address, and date of birth of the applicant;
(2) the disclosure of ownership and control required under paragraph (b);
(3) the disclosure of whether the applicant or, if the applicant is a business, any officer,
director, manager, and general partner of the business has ever filed for bankruptcy;
(4) the address and legal property description of the businessnew text begin , if applicable, except an
applicant is not required to secure a physical premises for the business at the time of
applicationnew text end ;
(5) a general description of the location or locations that the applicant plans to operate,
including the planned square feet of deleted text begin planneddeleted text end space for cultivation, wholesaling, and retailing,
as applicable;
(6) a copy of the security plannew text begin , including security monitoring, security equipment, and
facility maps if applicable, except an applicant is not required to secure a physical premises
for the business at the time of applicationnew text end ;
(7) proof of trade name registration;
(8) a copy of the applicant's business plan showing the expected size of the business;
anticipated growth; the methods of record keeping; the knowledge and experience of the
applicant and any officer, director, manager, and general partner of the business; the
environmental plan; and other relevant financial and operational components;
new text begin (9) standard operating procedures for:
new text end
new text begin (i) quality assurance;
new text end
new text begin (ii) inventory control, storage, and diversion prevention; and
new text end
new text begin (iii) accounting and tax compliance;
new text end
deleted text begin (9)deleted text end new text begin (10)new text end an attestation signed by a bona fide labor organization stating that the applicant
has entered into a labor peace agreement;
new text begin (11) a description of any training and education that the applicant will provide to
employees of the business;
new text end
new text begin (12) a disclosure of any violation of a license agreement or a federal, state, or local law
or regulation committed by the applicant or any true party of interest in the applicant's
business that is relevant to business and working conditions;
new text end
deleted text begin (10)deleted text end new text begin (13)new text end certification that the applicant will comply with the requirements of this chapter
deleted text begin relating to the ownership and operation of a cannabis businessdeleted text end ;
deleted text begin (11)deleted text end new text begin (14)new text end identification of one or more controlling persons or managerial employees as
agents who shall be responsible for dealing with the office on all matters; deleted text begin and
deleted text end
deleted text begin (12)deleted text end new text begin (15)new text end a statement that the applicant agrees to respond to the office's supplemental
requests for informationnew text begin ; and
new text end
new text begin (16) a release of information for the applicant and every true party of interest in the
applicant's business license for the office to perform the background checks required under
section 342.15new text end .
(b) An applicant must file and update as necessary a disclosure of ownership and controlnew text begin
identifying any true party of interest as defined in section 342.185, subdivision 1, paragraph
(g)new text end . The office deleted text begin by ruledeleted text end shall establish the contents deleted text begin and formdeleted text end of the disclosure. Except as
provided in paragraph (f), the disclosure shall, at a minimum, include the following:
(1) the management structure, ownership, and control of the applicant or license holder,
including the name of each cooperative member, officer, director, manager, general partner,
or business entity; the office or position held by each person; each person's percentage
ownership interest, if any; and, if the business has a parent company, the name of each
owner, board member, and officer of the parent company and the owner's, board member's,
or officer's percentage ownership interest in the parent company and the cannabis business;
(2) a statement from the applicant and, if the applicant is a business, from every officer,
director, manager, and general partner of the business, indicating whether that person has
previously held, or currently holds, an ownership interest in a cannabis business in Minnesota,
any other state or territory of the United States, or any other country;
(3) if the applicant is a corporation, copies of the applicant's articles of incorporation
and bylaws and any amendments to the applicant's articles of incorporation or bylaws;
(4) copies of any partnership agreement, operating agreement, or shareholder agreement;
(5) copies of any promissory notes, security instruments, or other similar agreements;
(6) an explanation detailing the funding sources used to finance the business;
(7) a list of operating and investment accounts for the business, including any applicable
financial institution and account number; and
(8) a list of each outstanding loan and financial obligation obtained for use in the business,
including the loan amount, loan terms, and name and address of the creditor.
(c) An application may include:
(1) proof that the applicant is a social equity applicant;
(2) a description of the training and education that will be provided to any employee;
or
(3) a copy of business policies governing operations to ensure compliance with this
chapter.
(d) Commitments made by an applicant in its application, including but not limited to
the maintenance of a labor peace agreement, shall be an ongoing material condition of
maintaining and renewing the license.
(e) An application on behalf of a corporation or association shall be signed by at least
two officers or managing agents of that entity.
(f) The office maydeleted text begin , by rule,deleted text end establish exceptions to the disclosures required under
paragraph (b) for members of a cooperative who hold less than a five percent ownership
interest in the cooperative.
new text begin Subject to the limits under subdivision 1b, paragraphs (a)
to (d), the office shall issue the necessary number of licenses in order to ensure that there
is a sufficient supply of cannabis flower and cannabis products to meet demand, provide
market stability, ensure that there is a competitive market, and limit the sale of unregulated
cannabis flower and cannabis products.
new text end
new text begin (a) Before July 1, 2026, the office may issue
up to the maximum total number of licenses in each license category listed in paragraphs
(b) and (c).
new text end
new text begin (b) For licenses that are available to social equity applicants, the maximum number of
licenses that the office may issue are:
new text end
new text begin (1) cannabis cultivator licenses, 25;
new text end
new text begin (2) cannabis manufacturer licenses, 12;
new text end
new text begin (3) cannabis retailer licenses, 75; and
new text end
new text begin (4) cannabis mezzobusiness licenses, 50.
new text end
new text begin (c) For licenses that are available to all applicants, the maximum number of licenses
that the office may issue are:
new text end
new text begin (1) cannabis cultivator licenses, 25;
new text end
new text begin (2) cannabis manufacturer licenses, 12;
new text end
new text begin (3) cannabis retailer licenses, 75; and
new text end
new text begin (4) cannabis mezzobusiness licenses, 50.
new text end
new text begin (d) Beginning July 1, 2026, the office must determine the number of cannabis cultivator
licenses, cannabis manufacturer licenses, cannabis retailer licenses, and cannabis
mezzobusiness licenses that the office will issue consistent with the goals identified in
subdivision 1a. If the office makes any of those types of licenses available, the number of
licenses available to social equity applicants must be equal to or greater than the number
of licenses available to all applicants.
new text end
new text begin (e) The office may issue as many licenses as the office deems necessary of a license
type that is not listed in this subdivision. If the office limits the number of license types not
listed in this subdivision available in any licensing period, the office must identify the
number of licenses available to social equity applicants and the number of licenses available
to all applicants. The number of licenses available to social equity applicants must be equal
to or greater than the number of licenses available to all applicants. The office is not required
to issue a license for a license type that is not listed in this subdivision.
new text end
new text begin (f) The office is not required to issue licenses to meet the maximum number of licenses
that may be issued under paragraphs (b) and (c).
new text end
new text begin (a) The office must establish a procedure
to verify that an individual seeking to apply for a cannabis business license as a social equity
applicant, either as an individual or as a true party of interest who must be identified on an
application, meets the requirements of section 342.17. As used in this paragraph, "true party
of interest" has the meaning given in section 342.185, subdivision 1, paragraph (g).
new text end
new text begin (b) The office may announce social equity applicant verification periods and may require
verification that an individual seeking to apply for a cannabis business license as a social
equity applicant meets the requirements of section 342.17 before the office accepts an
application from the individual.
new text end
new text begin (c) A person seeking to be verified as a social equity applicant must submit all required
information on the forms and in the manner prescribed by the office.
new text end
new text begin (d) The office must issue a notice to an individual seeking to be verified as a social
equity applicant stating that the office has verified the individual's status as a social equity
applicant or that the office has been unable to verify the individual's status as a social equity
applicant.
new text end
new text begin (e) Data collected, created, or maintained by the office pursuant to this subdivision, other
than data listed in section 342.20, subdivision 2, are classified as nonpublic data, as defined
by section 13.02, subdivision 9, or as private data on individuals, as defined by section
13.02, subdivision 12.
new text end
new text begin (a) The office must announce
the commencement of a licensing period in advance of accepting applications for cannabis
business licenses. At a minimum, the announcement must include:
new text end
new text begin (1) the types of licenses that will be available during the licensing period;
new text end
new text begin (2) if the office limits the number of a type of license that will be available, the number
of that type of license available in the licensing period;
new text end
new text begin (3) the date on which the office will begin accepting applications; and
new text end
new text begin (4) the date on which the office will no longer accept applications.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end An applicant must submit all required information new text begin and the applicable application
fee new text end to the office on the forms and in the manner prescribed by the office.
deleted text begin (b)deleted text end new text begin (c)new text end If the office receives an application that fails to provide the required informationnew text begin
or pay the applicable application feenew text end , the office shall issue a deficiency notice to the applicant.
The applicant deleted text begin shall have ten businessdeleted text end new text begin may submit the required information or pay the required
application fee within 14 calendarnew text end days from the date of the deficiency notice deleted text begin to submit the
required informationdeleted text end .
deleted text begin (c)deleted text end new text begin (d)new text end Failure by an applicant to submit all required information new text begin or pay the application
fee to the office new text end will result in the application being rejected.
deleted text begin (d) Upon receipt of a completed application and fee, the office shall forward a copy of
the application to the local unit of government in which the business operates or intends to
operate with a form for certification as to whether a proposed cannabis business complies
with local zoning ordinances and, if applicable, whether the proposed business complies
with the state fire code and building code.
deleted text end
deleted text begin (e) Within 90 days of receiving a completed application and the results of any required
criminal history check, the office shall issue the appropriate license or send the applicant a
notice of rejection setting forth specific reasons that the office did not approve the application.
deleted text end
new text begin (a) After an applicant submits an application that contains all required
information and pays the applicable licensing fee, the office must review the application.
new text end
new text begin (b) The office may deny an application if:
new text end
new text begin (1) the application is incomplete;
new text end
new text begin (2) the application contains a materially false statement about the applicant or omits
information required under subdivision 1;
new text end
new text begin (3) the applicant does not meet the qualifications under section 342.16;
new text end
new text begin (4) the applicant is prohibited from holding the license under section 342.18, subdivision
2;
new text end
new text begin (5) the application does not meet the minimum requirements under section 342.18,
subdivision 3;
new text end
new text begin (6) the applicant fails to pay the applicable application fee;
new text end
new text begin (7) the application was not submitted by the application deadline;
new text end
new text begin (8) the applicant submitted more than one application for a license type; or
new text end
new text begin (9) the office determines that the applicant would be prohibited from holding a license
for any other reason.
new text end
new text begin (c) If the office denies an application, the office must notify the applicant of the denial
and the basis for the denial.
new text end
new text begin (d) The office may request additional information from any applicant if the office
determines that the information is necessary to review or process the application. If the
applicant does not provide the additional requested information within 14 calendar days of
the office's request for information, the office may deny the application.
new text end
new text begin (e) An applicant whose application is not denied under this subdivision is a qualified
applicant.
new text end
new text begin (a) If the number of qualified applicants who are verified social equity
applicants seeking a type of license exceeds the number of licenses of that type that are
made available for social equity applicants, the office must first conduct a lottery consisting
of verified social equity applicants to select qualified applicants for preliminary license
approval. If a social equity applicant is not selected in a lottery conducted under this
paragraph, the office must include the social equity applicant in the pool of applicants for
licenses of that type that are made available to all applicants.
new text end
new text begin (b) If the number of qualified applicants seeking a type of license exceeds the number
of licenses of that type that are made available to all applicants, the office must conduct a
lottery to select applicants for preliminary license approval.
new text end
new text begin (c) A lottery conducted under this section must be impartial, random, and in a format
determined by the office.
new text end
new text begin (d) Following the completion of any lottery conducted pursuant to paragraphs (a) or (b),
the office must notify each applicant entered in the lottery that the applicant was either
selected or not selected in the lottery.
new text end
new text begin (a) Before granting
preliminary license approval, the office may conduct a background check of qualified
applicants consistent with section 342.15.
new text end
new text begin (b) The office must issue preliminary license approval to a qualified applicant if the
applicant is not disqualified under section 342.15, and:
new text end
new text begin (1) there are a sufficient number of licenses of the type the applicant is seeking for all
qualified applicants to receive preliminary license approval; or
new text end
new text begin (2) the qualified applicant is selected in the lottery conducted under subdivision 4.
new text end
new text begin (c) The office must notify an applicant of the results of any background check and
whether the office has granted preliminary license approval. If the office does not grant
preliminary license approval, the notice must state the specific reasons for the office's
decision.
new text end
new text begin (a) Within
18 months of receiving notice of preliminary license approval, an applicant must provide:
new text end
new text begin (1) the address and legal property description of the location where the business will
operate;
new text end
new text begin (2) the name of the local unit of government where the business will be located; and
new text end
new text begin (3) if applicable, an updated description of the location where the business will operate,
an updated security plan, and any other additional information required by the office.
new text end
new text begin (b) Upon receipt of the information required under paragraph (a) from an applicant that
has received preliminary license approval, the office must:
new text end
new text begin (1) forward a copy of the application to the local unit of government in which the business
operates or intends to operate with a form for certification as to whether a proposed cannabis
business complies with local zoning ordinances and, if applicable, whether the proposed
business complies with the state fire code and building code;
new text end
new text begin (2) schedule a site inspection; and
new text end
new text begin (3) require the applicant to pay the applicable license fee.
new text end
new text begin (c) The office may deny final authorization if:
new text end
new text begin (1) an applicant fails to submit any required information;
new text end
new text begin (2) the applicant submits a materially false statement about the applicant or fails to
provide any required information;
new text end
new text begin (3) the office confirms that the cannabis business for which the office granted a license
preapproval does not meet local zoning and land use laws;
new text end
new text begin (4) the applicant fails to pay the applicable license fee; or
new text end
new text begin (5) the office determines that the applicant is disqualified from holding the license or
would operate in violation of the provisions of this chapter.
new text end
new text begin (d) Within 90 days of receiving the information required under paragraph (a) and the
results of any required background check, the office shall grant final authorization and issue
the appropriate license or send the applicant a notice of rejection setting forth specific
reasons that the office did not approve the application.
new text end
new text begin (a) Except as provided in paragraph (d), the office
must issue a license to a city or county seeking to establish, own, or operate a single
municipal cannabis store authorized under section 342.32, subdivision 5, if the city or
county:
new text end
new text begin (1) submits all information required by the office;
new text end
new text begin (2) meets the minimum requirements under section 342.18, subdivision 3; and
new text end
new text begin (3) pays the applicable application and license fee.
new text end
new text begin (b) A license issued to a city or county must not be counted against the maximum number
of licenses made available in a licensing period.
new text end
new text begin (c) A municipal cannabis store established, owned, or operated by a city or county must
not be included in any limitation on the number of licensed cannabis retailers, cannabis
mezzobusinesses with a retail operations endorsement, or cannabis microbusinesses with a
retail operations endorsement that a local unit of government imposes or adopts pursuant
to section 342.13, paragraph (i) or (j).
new text end
new text begin (d) The office may refuse to issue a license to a city or county if the office determines
that the issuance of the license would be inconsistent with the goals in subdivision 1a.
new text end
new text begin (e) Nothing in this subdivision prohibits a city or county from applying for a cannabis
retail license subject to the requirements and procedure applicable to all other applicants.
new text end
new text begin If the office denies an application or denies final authorization
and does not issue a license after granting preliminary license approval, the applicant may
seek reconsideration from the office. A decision by the office on a request for reconsideration
is final.
new text end
new text begin (a) If the office holds a lottery as provided in subdivision 4, the
office must retain the applications of any applicant not selected in the lottery for one year.
The office must consider a retained application during any licensing periods that begin
within the year and, except as otherwise provided in this subdivision, the office must treat
a retained application as if the application were submitted during the licensing period.
new text end
new text begin (b) At the beginning of a subsequent licensing period, the applicant may amend an
application or provide additional information to the office. The office may request additional
information from any applicant whose application is retained to determine if the applicant
meets the requirements for a subsequent licensing period. If the applicant does not provide
the requested information to the office within 14 calendar days of the office's request, the
office may deny the application.
new text end
new text begin (c) The office must not charge an additional application fee to an applicant whose
application was retained by the office.
new text end
new text begin (d) An applicant may withdraw a retained application at any time. If the applicant
withdraws a retained application, the applicant may submit a new application during a
licensing period. An applicant who submits a new application must pay the applicable
application fee.
new text end
new text begin (e) The office may disqualify an application from retention if the office could deny the
application under subdivision 3, paragraph (a).
new text end
new text begin (a) A preliminary license
approval expires after 18 months unless the office revokes the preliminary license approval
or grants an extension. The office may grant a onetime extension of up to six months if an
applicant has made good faith efforts to convert a preliminary license approval into a license.
The office must not issue a license to an applicant whose preliminary license approval has
expired.
new text end
new text begin (b) If the office determines that an applicant is not eligible for a license, the office may
revoke a preliminary license approval.
new text end
new text begin (c) The office must notify an applicant if the office revokes the applicant's preliminary
license approval or if the applicant's preliminary license approval expires.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.15, subdivision 1, is amended
to read:
(a) Upon request by the office, every license
applicantnew text begin , license holder,new text end or, in the case of a business entity, every new text begin individual responsible
for conducting the affairs of the entity, including but not limited to every owner and every
new text end cooperative member or director, manager, and general partner of the business entity, for a
cannabis business license, deleted text begin or in the case of a business entity, every cooperative member or
director, manager, and general partner of the business entity, and prospective cannabis
workerdeleted text end must submit a completed criminal history records check consent form, a full set of
classifiable fingerprints, and the required fees to the office. Upon receipt of this information,
the office must submit the completed criminal history records check consent form, full set
of classifiable fingerprints, and required fees to the Bureau of Criminal Apprehension.
new text begin (b) new text end After receiving this information, the bureau must conduct a deleted text begin Minnesotadeleted text end new text begin statenew text end criminal
history records check of deleted text begin the license applicant or prospective cannabis workerdeleted text end new text begin an individual
identified in paragraph (a)new text end . The bureau may exchange deleted text begin a license applicant's or prospective
cannabis worker'sdeleted text end new text begin an individual'snew text end fingerprints with the Federal Bureau of Investigation to
obtain the deleted text begin license applicant's or prospective cannabis worker'sdeleted text end national criminal history
record informationnew text begin of the individualnew text end . The bureau must return the results of the deleted text begin Minnesotadeleted text end new text begin
statenew text end and federal criminal history records checks to the office to determine if the deleted text begin license
applicant or prospective cannabis workerdeleted text end new text begin individualnew text end is disqualified under rules adopted
pursuant to this section.
deleted text begin (b)deleted text end new text begin (c) new text end The office may, by rule, establish exceptions to the requirement under deleted text begin paragraphdeleted text end new text begin
paragraphsnew text end (a) new text begin and (b) new text end for members of a cooperative who hold less than a five percent
ownership interest in the cooperative.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.15, subdivision 2, is amended
to read:
new text begin (a)new text end The office may by rule determine
whether any felony convictions deleted text begin shalldeleted text end new text begin , including but not limited to convictions for noncannabis
controlled substance crimes in the first or second degree, human trafficking, labor trafficking,
fraud, or financial crimes,new text end disqualify deleted text begin a persondeleted text end new text begin an individualnew text end from holding or receiving a
cannabis business license issued under this chapter or working for a cannabis business, and
the length of any such disqualification. In adopting rules pursuant to this subdivision, the
office shall not disqualify deleted text begin a persondeleted text end new text begin an individualnew text end for a violation of section 152.025.
new text begin (b) The office must not issue a cannabis business license to any person or business who
was convicted of illegally selling cannabis after August 1, 2023, unless five years have
passed since the date of conviction.
new text end
new text begin (c) The office must not issue a cannabis business license to any person or business who
violated this chapter after August 1, 2023, unless five years have passed since the date of
violation. The office may set aside the violation if the office finds that the violation occurred
as a result of a mistake made in good faith and the violation did not involve gross negligence,
an illegal sale of cannabis, or cause harm to the public. The office must not issue a license
to any person or business who the office has assessed a fine to under section 342.09,
subdivision 6.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.15, is amended by adding a
subdivision to read:
new text begin The office may determine
whether any civil or regulatory violations, as determined by another state agency, local unit
of government, or any other jurisdiction, disqualify an individual from holding or receiving
a cannabis business license issued under this chapter or disqualify an individual from working
for a cannabis business, and the length of the disqualification. Upon the office's request, a
state agency, as defined in section 13.02, subdivision 17, except for the Department of
Revenue, may release civil investigative data, including data classified as protected nonpublic
or confidential under section 13.39, subdivision 2, if the request is related to a specific
applicant and the data is necessary to make a determination under this section.
new text end
new text begin This section is effective the day following final enactment.
new text end
new text begin For purposes of this section, a "license holder" includes a
cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer,
cannabis retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis
event organizer, cannabis delivery service, lower-potency hemp edible manufacturer,
lower-potency hemp edible retailer, or medical cannabis combination business.
new text end
new text begin A license holder may employ or contract with as
many unlicensed individuals as may be necessary, provided that the license holder is at all
times accountable for the good conduct of every individual employed by or contracted with
the license holder. Before hiring an individual as a cannabis worker, the license holder must
submit to the Bureau of Criminal Apprehension the individual's full set of fingerprints and
written consent for the bureau to conduct a state and national criminal history check. The
bureau may exchange an individual's fingerprints with the Federal Bureau of Investigation.
The Bureau of Criminal Apprehension must determine whether the individual is qualified
to be employed as a cannabis worker and must notify the license holder of the bureau's
determination. The license holder must not employ an individual who is disqualified from
being employed as a cannabis worker.
new text end
new text begin (a) A license holder must not employ an individual as a
cannabis worker if the individual has been convicted of any of the following crimes that
would constitute a felony:
new text end
new text begin (1) human trafficking;
new text end
new text begin (2) noncannabis controlled substance crimes in the first or second degree;
new text end
new text begin (3) labor trafficking;
new text end
new text begin (4) fraud;
new text end
new text begin (5) embezzlement;
new text end
new text begin (6) extortion;
new text end
new text begin (7) money laundering; or
new text end
new text begin (8) insider trading;
new text end
new text begin if committed in this state or any other jurisdiction for which a full pardon or similar relief
has not been granted.
new text end
new text begin (b) A license holder must not employ an individual as a cannabis worker if the individual
made any false statement in an application for employment.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.16, is amended to read:
(a) A license holder or applicant must meet each of the following requirements, if
applicable, to hold or receive a cannabis license issued under this chapter:
(1) be at least 21 years of age;
(2) have completed an application for licensure or application for renewal;
(3) have paid the applicable application fee and license fee;
(4) if the applicant or license holder is a business entity, be incorporated in the state or
otherwise formed or organized under the laws of the state;
(5) not be employed by the office or any state agency with regulatory authority under
this chapter or the rules adopted pursuant to this chapter;
(6) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph
(c);
(7) never have had a license previously issued under this chapter revokednew text begin , and never
have had a cannabis license, a registration, an agreement, or another authorization to operate
a cannabis business issued under the laws of another state revokednew text end ;
(8) have filed any previously required tax returns for a cannabis business;
(9) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties
due relating to the operation of a cannabis business;
(10) have fully and truthfully complied with all information requests of the office relating
to license application and renewal;
(11) not be disqualified under section 342.15;
(12) not employ an individual who is disqualified from working for a cannabis business
under this chapter; deleted text begin and
deleted text end
(13) meet the ownership and operational requirements for the type of license and, if
applicable, endorsement sought or heldnew text begin ; and
new text end
new text begin (14) not have had any confirmed labor violation with the Department of Labor, National
Labor Relations Board, or the Occupational Safety and Health Administration within the
last five yearsnew text end .
(b) A health care practitioner who certifies qualifying medical conditions for patients is
prohibited from:
(1) holding a direct or indirect economic interest in a cannabis business;
(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis business; or
(3) advertising with a cannabis business in any way.
(c) If the license holder or applicant is a business entity, every officer, director, manager,
and general partner of the business entity must meet each of the requirements of this section.
(d) The ownership disqualifications and requirements under this section do not apply to
a hemp business license holder or applicant.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.17, is amended to read:
(a) An applicant qualifies as a social equity applicant if the applicant:
(1) was convicted of an offense involving the possession or sale of cannabis or marijuana
prior to May 1, 2023;
(2) had a parent, guardian, child, spouse, or dependent who was convicted of an offense
involving the possession or sale of cannabis or marijuana prior to May 1, 2023;
(3) was a dependent of an individual who was convicted of an offense involving the
possession or sale of cannabis or marijuana prior to May 1, 2023;
(4) is new text begin a military veteran, including new text end a service-disabled veteran, current or former member
of the national guarddeleted text begin , or anydeleted text end new text begin ;
new text end
new text begin (5) is anew text end military veteran or current or former member of the national guard who lost
honorable status due to an offense involving the possession or sale of new text begin cannabis or new text end marijuana;
deleted text begin (5)deleted text end new text begin (6)new text end has been a resident for the last five years of one or more subareas, such as census
tracts or neighborhoodsdeleted text begin ,deleted text end new text begin :
new text end
new text begin (i)new text end that experienced a disproportionately large amount of cannabis enforcement as
determined by the study conducted by the office pursuant to section 342.04, paragraph (b),
deleted text begin and reported in the preliminary report, final report, or bothdeleted text end new text begin or another report based on federal
or state data on arrests or convictionsnew text end ;
new text begin (ii) where the poverty rate was 20 percent or more;
new text end
new text begin (iii) where the median family income did not exceed 80 percent of the statewide median
family income or, if in a metropolitan area, did not exceed the greater of 80 percent of the
statewide median family income or 80 percent of the median family income for that
metropolitan area;
new text end
new text begin (iv) where at least 20 percent of the households receive assistance through the
Supplemental Nutrition Assistance Program; or
new text end
new text begin (v) where the population has a high level of vulnerability according to the Centers for
Disease Control and Prevention and Agency for Toxic Substances and Disease Registry
(CDC/ATSDR) Social Vulnerability Index; or
new text end
deleted text begin (6) is an emerging farmer as defined in section 17.055, subdivision 1; or
deleted text end
new text begin (7) has participated in the business operation of a farm for at least three years and
currently provides the majority of the day-to-day physical labor and management of a farm
that had gross farm sales of at least $5,000 but not more than $100,000 in the previous year.
new text end
deleted text begin (7)deleted text end deleted text begin has been a resident for the last five years of one or more census tracts where, as
deleted text end deleted text begin reported in the most recently completed decennial census published by the United States
deleted text end deleted text begin Bureau of the Censusdeleted text end deleted text begin , eitherdeleted text end deleted text begin :
deleted text end
deleted text begin (i) the poverty rate was 20 percent or more; deleted text end deleted text begin or
deleted text end
deleted text begin (ii) the median family income did not exceed 80 percent of deleted text end deleted text begin statewide median family
deleted text end deleted text begin income or, if in a metropolitan area, did not exceed the greater of 80 percent of the statewide
deleted text end deleted text begin median family income or 80 percent of the median family income for that metropolitan
deleted text end deleted text begin areadeleted text end deleted text begin .
deleted text end
(b) The qualifications described in paragraph (a) apply to each individual applicant or,
in the case of a business entity, deleted text begin every cooperative member or director, manager, and general
partnerdeleted text end new text begin apply to at least 65 percent of the controlling ownershipnew text end of the business entity.
new text begin This section is effective the day following final enactment.
new text end
new text begin (a) The office must classify licenses listed in section 342.10, clauses (1) to (10) and (13)
as:
new text end
new text begin (1) available to social equity applicants who meet the requirements of section 342.17;
and
new text end
new text begin (2) available to all applicants.
new text end
new text begin (b) The office must classify any license issued to a social equity applicant as a social
equity license.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.18, subdivision 2, is amended
to read:
(a) Except as otherwise provided
in this subdivision, the office shall not issue licenses to a single applicant that would result
in the applicant being vertically integrated in violation of the provisions of this chapter.
(b) Nothing in this section prohibits or limits the issuance of microbusiness licenses deleted text begin ordeleted text end new text begin ,new text end
mezzobusiness licenses, new text begin or medical cannabis combination business licenses, new text end or the issuance
of both lower-potency hemp edible manufacturer and lower-potency hemp edible retailer
licenses to the same person or entity.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.18, subdivision 3, is amended
to read:
(a) The office shall deleted text begin award points
todeleted text end new text begin reviewnew text end each completed application for a license to operate a cannabis business in the
following categories:
deleted text begin (1) status as a social equity applicant or as an applicant who is substantially similar to
a social equity applicant as described in paragraph (c);
deleted text end
deleted text begin (2) status as a veteran or retired national guard applicant who does not meet the definition
of social equity applicant;
deleted text end
deleted text begin (3)deleted text end new text begin (1)new text end security and record keeping;
deleted text begin (4)deleted text end new text begin (2)new text end employee training plan;
deleted text begin (5)deleted text end new text begin (3)new text end business plan and financial situation;
deleted text begin (6)deleted text end new text begin (4)new text end labor and employment practices;
deleted text begin (7)deleted text end new text begin (5)new text end knowledge and experience; and
deleted text begin (8)deleted text end new text begin (6)new text end environmental plan.
deleted text begin (b) The office may award additional points to an application if the license holder would
expand service to an underrepresented market, including but not limited to participation in
the medical cannabis program.
deleted text end
deleted text begin (c) The office shall establish application materials permitting individual applicants to
demonstrate the impact that cannabis prohibition has had on that applicant, including but
not limited to the arrest or imprisonment of the applicant or a member of the applicant's
immediate family, and the office may award points to such applicants in the same manner
as points are awarded to social equity applicants.
deleted text end
deleted text begin (d)deleted text end new text begin (b)new text end The office shall establish policies and guidelines, which new text begin the office new text end must deleted text begin be madedeleted text end new text begin
makenew text end available to the public, regarding the deleted text begin number of points availabledeleted text end new text begin minimum
qualificationsnew text end in each category and the deleted text begin basis for awarding those points. Status as a social
equity applicant must account for at least 20 percent of the total available points. In
determining the number of points to award to a cooperative or business applying as a social
equity applicant, the office shall consider the number or ownership percentage of cooperative
members, officers, directors, managers, and general partners who qualify as social equity
applicantsdeleted text end new text begin criteria that the office uses to determine whether an applicant meets the minimum
qualifications in each categorynew text end .
deleted text begin (e) Consistent with the goals identified in subdivision 1, the office shall issue licenses
in each license category, giving priority to applicants who receive the highest score under
paragraphs (a) and (b). If there are insufficient licenses available for entities that receive
identical scores, the office shall utilize a lottery to randomly select license recipients from
among those entities.
deleted text end
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.18, is amended by adding a
subdivision to read:
new text begin (a) After the office adopts initial rules
pursuant to section 342.02, subdivision 5, the office may permit a person selling edible
cannabinoid products who has registered pursuant to section 151.72, subdivision 5b, to
convert the registration to a comparable hemp business license if:
new text end
new text begin (1) the registration was active before the office adopted initial rules;
new text end
new text begin (2) the person submits documentation to the office sufficient to meet the minimum
requirements in section 342.44;
new text end
new text begin (3) the person pays the applicable application and licensing fee as required by section
342.11; and
new text end
new text begin (4) the person is in good standing with the state.
new text end
new text begin (b) A person selling edible cannabinoid products who has registered pursuant to section
151.72, subdivision 5b, and remains in good standing with the state may continue operations
under an active registration for the longer of:
new text end
new text begin (1) 30 days after the date that the office begins accepting applications for hemp business
licenses; or
new text end
new text begin (2) if the person submits an application for a hemp business license, until the office
makes a determination regarding the registrant's application.
new text end
new text begin This section is effective the day following final enactment.
new text end
new text begin (a) As used in this section, the following terms have the
meanings given.
new text end
new text begin (b) "Control" means the power to independently order or direct the management,
managers, or policies of a cannabis business.
new text end
new text begin (c) "Financial institution" means any bank, mutual savings bank, consumer loan company,
credit union, savings and loan association, trust company, or other lending institution under
the jurisdiction of the Minnesota Department of Commerce, the United States Department
of Commerce, or both.
new text end
new text begin (d) "Financier" means any person that:
new text end
new text begin (1) is not a financial institution or government entity;
new text end
new text begin (2) provides money as a gift, grant, or loan to an applicant for a cannabis business license,
a cannabis business, or both; and
new text end
new text begin (3) expects to be repaid for the money provided, with or without reasonable interest.
new text end
new text begin (e) "Gross profit" means sales minus the cost of goods sold.
new text end
new text begin (f) "Revenue" means the income generated from the sale of goods and services associated
with the main operations of a business before any costs or expenses have been deducted.
new text end
new text begin (g) "True party of interest" means an individual who as an individual or as part of another
business:
new text end
new text begin (1) is a sole proprietor of a sole proprietorship;
new text end
new text begin (2) is a partner in a general partnership;
new text end
new text begin (3) is a general partner or limited partner in a limited partnership, a limited liability
partnership, or a limited liability limited partnership;
new text end
new text begin (4) is a member of a limited liability company or a manager in a limited liability company;
new text end
new text begin (5) is a corporate officer or director or holds an equivalent title in a privately held
corporation;
new text end
new text begin (6) is a stockholder in a privately held corporation;
new text end
new text begin (7) is part of a multilevel ownership structure;
new text end
new text begin (8) has membership rights to a nonprofit corporation in accordance with the provisions
of the articles of incorporation or bylaws for the nonprofit corporation;
new text end
new text begin (9) has the right to receive some or all of the revenue, gross profit, or net profit from a
cannabis business during any full or partial calendar or fiscal year; or
new text end
new text begin (10) has the right to exercise control over a cannabis business.
new text end
new text begin True party of interest does not include:
new text end
new text begin (1) an individual receiving payment for rent on a fixed basis under a lease or rental
agreement;
new text end
new text begin (2) an employee of a cannabis business who receives a salary or hourly rate compensation
if the employee does not otherwise hold an ownership interest in the cannabis business or
have the right to exercise control over the cannabis business;
new text end
new text begin (3) an individual who receives a bonus or commission based on the individual's sales,
if the bonus or commission does not exceed ten percent of the individual's sales in any given
bonus or commission period and the terms of the bonus or commission-based compensation
agreement is in writing;
new text end
new text begin (4) an individual with an ownership interest held or acquired solely for the purpose of
passive investment as described in Code of Federal Regulations, title 31, section 800.243;
new text end
new text begin (5) an individual contracting with a cannabis business to receive a commission for the
sale of a business or real property;
new text end
new text begin (6) a consultant receiving a flat or hourly rate compensation under a written contractual
agreement;
new text end
new text begin (7) any person with a contract or an agreement for services with a cannabis business,
such as a branding or staffing company, as long as that person does not obtain any ownership
or control of the cannabis business; or
new text end
new text begin (8) a financial institution.
new text end
new text begin An individual may not be a true party of
interest for more than one application for (1) any single type of license, or (2) multiple types
of licenses if the individual would be prohibited from holding the licenses under section
342.18, subdivision 2. The limitation does not apply to an individual who holds no more
than ten percent ownership of the business entity.
new text end
new text begin An individual may not be a true party of interest
for more than one license unless explicitly allowed by this chapter. The limitation does not
apply to an individual who holds ten percent or less controlling ownership of the business
entity.
new text end
new text begin Except as otherwise provided in this subdivision, a cannabis
business has a continuing duty to disclose the source of all money that will be invested in
the cannabis business, including but not limited to all money obtained from financiers,
before investing the money in the cannabis business. The notice requirement under this
section does not apply to:
new text end
new text begin (1) revenues of a licensed cannabis business that are reinvested in the business; and
new text end
new text begin (2) proceeds of a revolving loan unless the source of the money has changed or the
approved loan amount has increased.
new text end
new text begin A cannabis business must
not enter into an intellectual property agreement with another cannabis business if a single
entity could not hold licenses for both types of cannabis business.
new text end
new text begin A financier may not receive an ownership interest, control of a
business, a share of revenue, gross profits or net profits, a profit sharing interest, or a
percentage of the profits in exchange for a loan or gift of money, unless the financier, if
directly involved in the loaning of money, has been disclosed to the office as a true party
of interest.
new text end
new text begin An applicant for a cannabis business license and
cannabis business license holders must disclose all true parties of interest. Applicants and
license holders have a continuing duty to notify the office of any change in true parties of
interest in the form and manner specified by the office.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.19, is amended by adding a
subdivision to read:
new text begin (a) The office may inspect
any commercial premises that is not licensed under this chapter where cultivation,
manufacturing, processing, or sale of cannabis plants, cannabis flower, cannabis concentrate,
artificially derived cannabinoids, hemp-derived consumer products, or edible cannabinoid
products is taking place.
new text end
new text begin (b) A representative of the office performing an inspection under this subdivision must
present appropriate credentials to the owner, operator, or agent in charge and clearly state
the purpose of the inspection.
new text end
new text begin (c) After providing the notice required under paragraph (b), a representative of the office
may enter the commercial premises and perform any of the following to determine if any
person is engaging in activities that are regulated by this chapter and not authorized without
the possession of a license and to determine the appropriate penalty under section 342.09,
subdivision 6:
new text end
new text begin (1) inspect and investigate the commercial premises;
new text end
new text begin (2) inspect and copy records; and
new text end
new text begin (3) question privately any employer, owner, operator, agent, or employee of the
commercial operation.
new text end
new text begin (d) Entry of a commercial premises must take place during regular working hours or at
other reasonable times.
new text end
new text begin (e) If the office finds any cannabis plant, cannabis flower, cannabis product, artificially
derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product on
the inspected commercial premises, the office may either immediately seize the item or
affix to the item a tag, withdrawal from distribution order, or other appropriate marking
providing notice that the cannabis plant, cannabis flower, cannabis product, artificially
derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product is, or
is suspected of being, possessed or distributed in violation of this chapter, and has been
detained or embargoed, and warning all persons not to remove or dispose of the item by
sale or otherwise until permission for removal or disposal is given by the office or the court.
It is unlawful for a person to remove or dispose of a detained or embargoed cannabis plant,
cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency hemp
edible, or hemp-derived consumer product by sale or otherwise without the office's or a
court's permission and each transaction may be treated as a sale for the purposes of imposing
a penalty pursuant to section 342.09, subdivision 6.
new text end
new text begin (f) If the office has seized, detained, or embargoed any item pursuant to paragraph (e),
the office must:
new text end
new text begin (1) petition the district court in the county in which the item was found for an order
authorizing destruction of the product; and
new text end
new text begin (2) notify the county attorney in the county where the item was found of the office's
actions.
new text end
new text begin (g) If the court finds that the seized, detained, or embargoed cannabis plant, cannabis
flower, cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or
hemp-derived consumer product was possessed or distributed in violation of this chapter
or rules adopted under this chapter, the office may destroy the cannabis plant, cannabis
flower, cannabis product, artificially derived cannabinoid, lower-potency hemp edible, or
hemp-derived consumer product at the expense of the person who possessed or distributed
the item in violation of this chapter and all court costs, fees, storage, and other proper
expenses must be assessed against the person or the person's agent.
new text end
new text begin (h) The provisions of subdivision 2, paragraph (f) apply to any analysis or examination
performed under this subdivision.
new text end
new text begin (i) The authorization under paragraph (e) does not apply to any cannabis flower, cannabis
product, lower-potency hemp edible, or hemp-derived consumer product lawfully purchased
for personal use.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.22, is amended to read:
Before making retail sales to customers or patients,
a cannabis microbusiness deleted text begin with a retail operations endorsementdeleted text end , cannabis mezzobusiness
deleted text begin with a retail operations endorsementdeleted text end , cannabis retailer, deleted text begin medical cannabis retailer,deleted text end medical
cannabis combination business, or lower-potency hemp edible retailer must register with
the city, town, or county in which the retail establishment is located. A county may issue a
registration in cases where a city or town has provided consent for the county to issue the
registration for the jurisdiction.
(a) A local unit of government may impose an initial retail
registration fee of $500 or up to half the amount of the applicable initial license fee under
section 342.11, whichever is less. The local unit of government may also impose a renewal
retail registration fee of $1,000 or up to half the amount of the applicable renewal license
fee under section 342.11, whichever is less. The initial registration fee shall include the fee
for initial registration and the first annual renewal. Any renewal fee imposed by the local
unit of government shall be charged at the time of the second renewal and each subsequent
annual renewal thereafter.
(b) The local unit of government may not charge an application fee.
deleted text begin (c) A cannabis business with a cannabis retailer license and a medical cannabis retailer
license for the same location may only be charged a single registration fee.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Registration fees are nonrefundable.
(a) A local unit of government shall issue a retail
registration to a cannabis microbusiness with a retail operations endorsement, cannabis
mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis
deleted text begin retailerdeleted text end new text begin combination business operating a retail locationnew text end , or lower-potency hemp edible
retailer that:
(1) has a valid license new text begin or license preapproval new text end issued by the office;
(2) has paid the registration fee or renewal fee pursuant to subdivision 2;
(3) is found to be in compliance with the requirements of this chapter at any preliminary
compliance check that the local unit of government performs; and
(4) if applicable, is current on all property taxes and assessments at the location where
the retail establishment is located.
(b) Before issuing a retail registration, the local unit of government may conduct a
preliminary compliance check to ensure that the cannabis business or hemp business is in
compliance with deleted text begin thedeleted text end new text begin anynew text end applicable deleted text begin operation requirements and the limits on the types of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products that may be solddeleted text end new text begin local ordinance established pursuant to section 342.13new text end .
(c) A local unit of government shall renew the retail registration of a cannabis business
or hemp business when the office renews the license of the cannabis business or hemp
business.
(d) A retail registration issued under this section may not be transferred.
(a) A local unit of government shall conduct compliance
checks of every cannabis business and hemp business with a retail registration issued by
the local unit of government. deleted text begin The checksdeleted text end new text begin During a compliance check, a local unit of
governmentnew text end shall assess new text begin a business's new text end compliance with age verification requirementsdeleted text begin , thedeleted text end new text begin
and compliance with anynew text end applicable deleted text begin operation requirements, and the applicable limits on
the types of cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products being solddeleted text end new text begin local ordinance established pursuant to section
342.13new text end .
(b) deleted text begin Thedeleted text end new text begin Anew text end local unit of government must conduct unannounced age verification
compliance checks new text begin of every cannabis business and hemp business new text end at least once each calendar
year. Age verification compliance checks must involve persons at least 17 years of age but
under the age of 21 who, with the prior written consent of a parent or guardian if the person
is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products under the direct
supervision of a law enforcement officer or an employee of the local unit of government.
deleted text begin (c) Checks to ensure compliance with the applicable operation requirements and the
limits on the types of cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products that may be sold must be performed at least once each
calendar year and may be performed by a law enforcement officer or an employee of the
local unit of government.
deleted text end
(a) If
a local unit of government determines that a cannabis business or hemp business with a
retail registration issued by the local unit of government is not operating in compliance with
the requirements of deleted text begin this chapterdeleted text end new text begin a local ordinance authorized under section 342.13new text end or that
the operation of the business poses an immediate threat to the health or safety of the public,
the local unit of government may suspend the retail registration of the cannabis business or
hemp business. The local unit of government must immediately notify the office of the
suspension and shall include a description of the grounds for the suspension.
(b) The office shall review the retail registration suspension and may order reinstatement
of the retail registration or take any action described in section 342.19 or 342.21.
(c) The retail registration suspension must be for up to 30 days unless the office suspends
the license and operating privilege of the cannabis business or hemp business for a longer
period or revokes the license.
(d) The local unit of government may reinstate the retail registration if the local unit of
government determines that any violation has been cured. The local unit of government
must reinstate the retail registration if the office orders reinstatement.
(e) No cannabis microbusiness deleted text begin with a retail operations endorsementdeleted text end , cannabis
mezzobusiness deleted text begin with a retail operations endorsementdeleted text end , cannabis retailer, deleted text begin medical cannabis
retailer,deleted text end medical cannabis combination business, or lower-potency hemp edible retailer may
make any sale to a customer or patient without a valid retail registrationnew text begin with a local unit
of government and a valid license with any applicable endorsement from the officenew text end . A local
unit of government may impose a civil penalty of up to $2,000 for each violation of this
paragraph.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.24, subdivision 1, is amended
to read:
(a) A cannabis business may not
employ an individual under 21 years of age and may not contract with an individual under
21 years of age if the individual's scope of work involves the handling of cannabis plants,
cannabis flower, artificially derived cannabinoids, or cannabinoid products.
(b) A cannabis business may not permit an individual under 21 years of age to enter the
business premises other than entry by a deleted text begin patientdeleted text end new text begin personnew text end enrolled in the registry program.
(c) A cannabis business may not sell or give cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products to an individual under
21 years of age unless the individual is deleted text begin a patient; registered designated caregiver; or a parent,
legal guardian, or spouse of a patient who is authorized to use, possess, or transport medical
cannabis flower or medical cannabinoid productsdeleted text end new text begin enrolled in the registry program and the
cannabis business holds a medical cannabis retail endorsementnew text end .
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.24, subdivision 2, is amended
to read:
(a)
A cannabis business may not permit an individual who is not an employee to consume
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products within its licensed premises unless the business is licensed to permit on-site
consumption.
(b) Except as otherwise provided in this subdivision, a cannabis business may not permit
an employee to consume cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products within its licensed premises or while the employee is
otherwise engaged in activities within the course and scope of employment.
(c) A cannabis business may permit an employee to use medical cannabis flower and
medical cannabinoid products if that individual is a patientnew text begin enrolled in the registry programnew text end .
(d) For quality control, employees of a licensed cannabis business may sample cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products.
Employees may not interact directly with customers for at least three hours after sampling
a product. Employees may not consume more than three samples in a single 24-hour period.
All samples must be recorded in the statewide monitoring system.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.28, is amended by adding a
subdivision to read:
new text begin An institution of higher education, any department or
program of an institution of higher education that is regionally or nationally accredited, and
any entity working in partnership with an institution of higher education may apply for a
cannabis microbusiness license to conduct cannabis crop research. A cannabis researcher
with a cannabis microbusiness license may perform activities identified in subdivision 1,
clauses (1) to (9) and (13). Cannabis plants and cannabis flower grown for research purposes
must not be offered for sale or otherwise enter the stream of commerce. As used in this
subdivision, "institution of higher education" has the meaning given in sections 135A.51,
subdivision 5, and 136A.28, subdivision 6.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.28, subdivision 2, is amended
to read:
(a) A cannabis microbusiness that cultivates cannabis at an
indoor facility may cultivate up to 5,000 square feet of plant canopy. The office may adjust
plant canopy limits new text begin for licensed businesses new text end upward to meet market demand consistent with
the goals identified in section 342.02, subdivision 1.new text begin In each licensing period, the office
may adjust plant canopy limits upward or downward for licenses that will be issued in that
period to meet market demand consistent with the goals identified in section 342.02,
subdivision 1, except that the office must not impose a limit of less than 5,000 square feet
of plant canopy.
new text end
(b) A cannabis microbusiness that cultivates cannabis at an outdoor location may cultivate
up to one-half acre of mature, flowering plants deleted text begin unless the office increases that limitdeleted text end . The
office may increase the limit deleted text begin to no more than one acre if the office determines that expansion
isdeleted text end new text begin for licensed businesses to meet market demandnew text end consistent with the goals identified in
section 342.02, subdivision 1.new text begin In each licensing period, the office may adjust the limit
upward or downward for licenses that will be issued in that period to meet market demand
consistent with the goals identified in section 342.02, subdivision 1, except that the office
must not impose a limit of less than one-half acre of mature, flowering plants.
new text end
(c) The office shall establish a limit on the manufacturing of cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products a cannabis microbusiness
that manufactures such products may perform. The limit must be equivalent to the amount
of cannabis flower that can be harvested from a facility with a plant canopy of 5,000 square
feet in a year, but may be increased if the office expands the allowable area of cultivation
under paragraph (a).
(d) A cannabis microbusiness with the appropriate endorsement may operate one retail
location.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.28, subdivision 4, is amended
to read:
deleted text begin The requirement ofdeleted text end new text begin (a)new text end An attestation signed by a bona fide labor
organization stating that the applicant has entered into a labor peace agreement is not required
as part of an application for a cannabis microbusiness license.
new text begin (b) When renewing a cannabis microbusiness license, a cannabis microbusiness with
ten or more full-time equivalent employees must submit an attestation signed by a bona
fide labor organization stating that the applicant has entered into a labor peace agreement.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.28, is amended by adding a
subdivision to read:
new text begin A cannabis microbusiness may transport
immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially
derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles,
and hemp-derived consumer products between facilities operated by the cannabis
microbusiness if the cannabis microbusiness:
new text end
new text begin (1) provides the office with the information described in section 342.35, subdivision 2;
and
new text end
new text begin (2) complies with the requirements of section 342.36.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.29, subdivision 4, is amended
to read:
(a) A person, cooperative, or business holding a
cannabis mezzobusiness license may also hold a cannabis event organizer license deleted text begin and a
medical cannabis retailer licensedeleted text end .
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis mezzobusiness license may own or operate any other cannabis business or hemp
business or hold more than one cannabis mezzobusiness license.
(c) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.29, is amended by adding a
subdivision to read:
new text begin Within 18 months of receiving a cannabis
mezzobusiness license, a cannabis mezzobusiness must obtain at least two of the
endorsements identified in subdivisions 5, 6, 7, and 8. If a cannabis mezzobusiness fails to
obtain multiple endorsements within 18 months, the office may suspend, revoke, or not
renew the license as provided in section 342.21.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.29, is amended by adding a
subdivision to read:
new text begin A cannabis mezzobusiness may transport
immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially
derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles,
and hemp-derived consumer products between facilities operated by the cannabis
mezzobusiness if the cannabis mezzobusiness:
new text end
new text begin (1) provides the office with the information described in section 342.35, subdivision 2;
and
new text end
new text begin (2) complies with the requirements of section 342.36.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.30, subdivision 4, is amended
to read:
(a) A person, cooperative, or business holding a
cannabis cultivator license may also hold a cannabis manufacturing license, deleted text begin medical cannabis
cultivator license, medical cannabis producer license,deleted text end license to grow industrial hemp, and
cannabis event organizer license.
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis cultivator license may own or operate any other cannabis business or hemp business.
This prohibition does not prevent the transportation of cannabis flower from a cannabis
cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business
and located on the same premises.
(c) The office by rule may limit the number of cannabis cultivator licenses a person,
cooperative, or business may hold.
(d) For purposes of this subdivision, a restriction on the number or type of license a
business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.31, subdivision 4, is amended
to read:
(a) A person, cooperative, or business holding a
cannabis manufacturer license may also hold a cannabis cultivator licensedeleted text begin , a medical cannabis
cultivator license, a medical cannabis processor license,deleted text end and a cannabis event organizer
license.
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis manufacturer license may own or operate any other cannabis business or hemp
business. This prohibition does not prevent transportation of cannabis flower from a cannabis
cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business
and located on the same premises.
(c) The office by rule may limit the number of cannabis manufacturer licenses that a
person or business may hold.
(d) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.32, subdivision 4, is amended
to read:
(a) A person, cooperative, or business holding a
cannabis retailer license may also hold a cannabis delivery service licensedeleted text begin , a medical cannabis
retailer license,deleted text end and a cannabis event organizer license.
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis retailer license may own or operate any other cannabis business or hemp business.
(c) No person, cooperative, or business may hold a license to own or operate more than
one cannabis retail business in one city and three retail businesses in one county.
(d) The office by rule may limit the number of cannabis retailer licenses a person,
cooperative, or business may hold.
(e) For purposes of this subdivision, a restriction on the number or type of license a
business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.35, subdivision 1, is amended
to read:
A cannabis transporter license entitles the license
holder to transport immature cannabis plants and seedlings, cannabis flower, cannabis
products, artificially derived cannabinoids, hemp plant parts, hemp concentrate,
lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
cannabis wholesalers, lower-potency hemp edible manufacturers, deleted text begin medical cannabis retailers,
medical cannabis processors,deleted text end and industrial hemp growers to cannabis microbusinesses,
cannabis mezzobusinesses, cannabis manufacturers, cannabis testing facilities, cannabis
wholesalers, cannabis retailers, lower-potency hemp edible retailers, deleted text begin medical cannabis
processors, medical cannabis retailers,deleted text end and medical cannabis combination businesses and
perform other actions approved by the office.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.37, subdivision 1, is amended
to read:
A cannabis testing facility license entitles the license
holder to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis
products, hemp plant parts, hemp concentrate, artificially derived cannabinoids,
lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
cannabis wholesalers, lower-potency hemp edible manufacturers, deleted text begin medical cannabis
cultivators, medical cannabis processors,deleted text end medical cannabis combination businesses, and
industrial hemp growers.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.40, subdivision 7, is amended
to read:
(a) Cannabis microbusinesses with a retail endorsement,
cannabis mezzobusinesses with a retail endorsement, cannabis retailers, new text begin medical cannabis
combination businesses operating a retail location, new text end and lower-potency hemp edible retailers,
including the cannabis event organizer, may be authorized to sell cannabis plants, adult-use
cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products to customers at a cannabis event.
(b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products at a cannabis event must
take place in a retail area as designated in the premises diagram.
(c) Authorized retailers may only conduct sales within their specifically assigned area.
(d) Authorized retailers must verify the age of all customers pursuant to section 342.27,
subdivision 4, before completing a sale and may not sell cannabis plants, adult-use cannabis
flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products to an individual under 21 years of age.
(e) Authorized retailers may display one sample of each type of cannabis plant, adult-use
cannabis flower, adult-use cannabis product, lower-potency hemp edible, and hemp-derived
consumer product available for sale. Samples of adult-use cannabis and adult-use cannabis
products must be stored in a sample jar or display case and be accompanied by a label or
notice containing the information required to be affixed to the packaging or container
containing adult-use cannabis flower and adult-use cannabis products sold to customers. A
sample may not consist of more than eight grams of adult-use cannabis flower or adult-use
cannabis concentrate, or an edible cannabis product infused with more than 100 milligrams
of tetrahydrocannabinol. A cannabis retailer may allow customers to smell the adult-use
cannabis flower or adult-use cannabis product before purchase.
(f) The notice requirements under section 342.27, subdivision 6, apply to authorized
retailers offering cannabis plants, adult-use cannabis flower, adult-use cannabinoid products,
and hemp-derived consumer products for sale at a cannabis event.
(g) Authorized retailers may not:
(1) sell adult-use cannabis flower, adult-use cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products to a person who is visibly intoxicated;
(2) knowingly sell more cannabis plants, adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products than a customer
is legally permitted to possess;
(3) sell medical cannabis flower or medical cannabinoid products;
(4) give away cannabis plants, cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products; or
(5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products in vending machines.
(h) Except for samples of a cannabis plant, adult-use cannabis flower, adult-use cannabis
product, lower-potency hemp edible, and hemp-derived consumer product, all cannabis
plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles,
and hemp-derived consumer products for sale at a cannabis event must be stored in a secure,
locked container that is not accessible to the public. Such items being stored at a cannabis
event shall not be left unattended.
(i) All cannabis plants, adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale at a cannabis
event must comply with this chapter and rules adopted pursuant to this chapter regarding
the testing, packaging, and labeling of those items.
(j) All cannabis plants, adult-use cannabis flower, and adult-use cannabis products sold,
damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring
system.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.41, subdivision 1, is amended
to read:
A cannabis delivery service license entitles the
license holder to purchase cannabis flower, cannabis products, lower-potency hemp edibles,
and hemp-derived consumer products from licensed cannabis microbusinesses with a retail
endorsement, cannabis mezzobusinesses with a retail endorsement, cannabis retailers,
deleted text begin medical cannabis retailers,deleted text end and medical cannabis combination businesses; transport and
deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumable products to customers; and perform other actions approved by the office.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.41, subdivision 3, is amended
to read:
(a) A person, cooperative, or business holding a
cannabis delivery service license may also hold a cannabis retailer license, a cannabis
wholesaler license, a cannabis transporter license, new text begin and new text end a cannabis event organizer licensedeleted text begin ,
and a medical cannabis retailer licensedeleted text end subject to the ownership limitations that apply to
those licenses.
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis delivery service license may own or operate any other cannabis business or hemp
business.
(c) The office by rule may limit the number of cannabis delivery service licenses that a
person or business may hold.
(d) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.46, subdivision 6, is amended
to read:
(a) A lower-potency hemp edible retailer shall ensure
that all lower-potency hemp edibles offered for sale comply with the limits on the amount
and types of cannabinoids that a lower-potency hemp edible can contain, including but not
limited to the requirement that lower-potency hemp edibles:
(1) consist of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams
of cannabigerol, or any combination of those cannabinoids that does not exceed the identified
amounts;
(2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids
per serving; and
(3) do not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol.
(b) If a lower-potency hemp edible is packaged in a manner that includes more than a
single serving, the lower-potency hemp edible must indicate each serving by scoring,
wrapping, or other indicators that appear on the lower-potency hemp edible designating the
individual serving size. If it is not possible to indicate a single serving by scoring or use of
another indicator that appears on the product, the lower-potency hemp edible may not be
packaged in a manner that includes more than a single serving in each containernew text begin , except
that a calibrated dropper, measuring spoon, or similar device for measuring a single serving
may be used for any edible cannabinoid products that are intended to be combined with
food or beverage products prior to consumptionnew text end . If the lower-potency hemp edible is meant
to be consumed as a beverage, the beverage container may not contain more than two
servings per container.
(c) A single package containing multiple servings of a lower-potency hemp edible must
contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams of
cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids that
does not exceed the identified amounts.
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.46, subdivision 8, is amended
to read:
(a) A lower-potency hemp edible retailer may permit
on-site consumption of lower-potency hemp edibles on a portion of its premises if it has an
on-site consumption endorsement.
(b) The office shall issue an on-site consumption endorsement to any lower-potency
hemp edible retailer that also holds an on-sale license issued under chapter 340A.
(c) A lower-potency hemp edible retailer must ensure that lower-potency hemp edibles
sold for on-site consumption comply with this chapter and rules adopted pursuant to this
chapter regarding testing.
(d) Lower-potency hemp edibles sold for on-site consumption, other than lower-potency
hemp edibles that are intended to be consumed as a beverage, must be served in the required
packaging, but may be removed from the products' packaging by customers and consumed
on site.
(e) Lower-potency hemp edibles that are intended to be consumed as a beverage may
be served outside of deleted text begin theirdeleted text end new text begin the edibles'new text end packaging deleted text begin provided thatdeleted text end new text begin ifnew text end the information that is
required to be contained on the label of a lower-potency hemp edible is posted or otherwise
displayed by the lower-potency hemp edible retailer. Hemp workers who serve beverages
under this paragraph are not required to obtain an edible cannabinoid product handler
endorsement under section 342.07, subdivision 3.
(f) Food and beverages not otherwise prohibited by this subdivision may be prepared
and sold on site deleted text begin provided thatdeleted text end new text begin ifnew text end the lower-potency hemp edible retailer complies with all
relevant state and local laws, ordinances, licensing requirements, and zoning requirements.
(g) A lower-potency hemp edible retailer may offer recorded or live entertainment
deleted text begin provided thatdeleted text end new text begin ifnew text end the lower-potency hemp edible retailer complies with all relevant state and
local laws, ordinances, licensing requirements, and zoning requirements.
(h) In addition to the prohibitions under subdivision 7, a lower-potency hemp edible
retailer with an on-site consumption endorsement may not:
(1) sellnew text begin , give, furnish, or in any way procure for anothernew text end lower-potency hemp edibles deleted text begin to
a customer who the lower-potency hemp edible retailer knows or reasonably should know
is intoxicated or has consumed alcohol within the previous five hoursdeleted text end new text begin for the use of an
obviously intoxicated personnew text end ;
(2) sell lower-potency hemp edibles that are designed or reasonably expected to be mixed
with an alcoholic beverage; or
(3) permit lower-potency hemp edibles that have been removed from the products'
packaging to be removed from the premises of the lower-potency hemp edible retailer.
new text begin This section is effective the day following final enactment.
new text end
new text begin No person may sell, give, furnish, or in any way procure for another lower-potency hemp
edibles for the use of an obviously intoxicated person.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.51, is amended to read:
(a)new text begin The office may issue a medical
cannabis endorsement to a cannabis business authorizing the business to:
new text end
new text begin (1) cultivate medical cannabis;
new text end
new text begin (2) process medical cannabinoid products; or
new text end
new text begin (3) sell or distribute medical cannabis flower and medical cannabinoid products to any
person authorized to receive medical cannabis flower or medical cannabinoid products.
new text end
new text begin (b) The office must issue a medical cannabis cultivation endorsement to a cannabis
license holder if the license holder:
new text end
new text begin (1) is authorized to cultivate cannabis;
new text end
new text begin (2) submits a medical cannabis endorsement application to the office; and
new text end
new text begin (3) otherwise meets all applicable requirements established by the office.
new text end
new text begin (c) A medical cannabis cultivation endorsement entitles the license holder to grow
cannabis plants within the approved amount of space from seed or immature plant to mature
plant, harvest cannabis flower from a mature plant, package and label cannabis flower as
medical cannabis flower, sell medical cannabis flower to cannabis businesses with a medical
cannabis endorsement, and perform other actions approved by the office.
new text end
new text begin (d) The office must issue a medical cannabis processor endorsement to a cannabis license
holder if the license holder:
new text end
new text begin (1) is authorized to manufacture cannabis products;
new text end
new text begin (2) submits a medical cannabis endorsement application to the office; and
new text end
new text begin (3) otherwise meets all applicable requirements established by the office.
new text end
new text begin (e) A medical cannabis processor endorsement entitles the license holder to:
new text end
new text begin (1) purchase medical cannabis flower, medical cannabinoid products, hemp plant parts,
and hemp concentrate from cannabis businesses with a medical cannabis cultivator
endorsement or a medical cannabis processor endorsement;
new text end
new text begin (2) purchase hemp plant parts from industrial hemp growers;
new text end
new text begin (3) make cannabis concentrate from medical cannabis flower;
new text end
new text begin (4) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
new text end
new text begin (5) manufacture medical cannabinoid products;
new text end
new text begin (6) package and label medical cannabinoid products for sale to cannabis businesses with
a medical cannabis processer endorsement or a medical cannabis retailer endorsement; and
new text end
new text begin (7) perform other actions approved by the office.
new text end
new text begin (f) The office must issue a medical cannabis retailer endorsement to a cannabis license
holder if the license holder:
new text end
new text begin (1) submits a medical cannabis retail endorsement application to the office;
new text end
new text begin (2) has at least one employee who earned a medical cannabis consultant certificate issued
by the office and has completed the required training or has at least one employee who is
a licensed pharmacist under chapter 151; and
new text end
new text begin (3) otherwise meets all applicable requirements established by the office.
new text end
new text begin (g)new text end A medical cannabis deleted text begin retailer licensedeleted text end new text begin retail endorsementnew text end entitles the license holder to
purchase medical cannabis flower and medical cannabinoid products from deleted text begin medical cannabis
cultivators and medical cannabis processorsdeleted text end new text begin cannabis businesses with medical cannabis
cultivator endorsements and medical cannabis processor endorsements,new text end and sell or distribute
medical cannabis flower deleted text begin anddeleted text end new text begin ,new text end medical cannabinoid productsnew text begin , and associated paraphernalianew text end
to any person authorized to receive medical cannabis flower or medical cannabinoid products.
deleted text begin (b)deleted text end new text begin (h)new text end A medical cannabis deleted text begin retailer license holderdeleted text end new text begin business with a medical cannabis retail
endorsementnew text end must verify that all medical cannabis flower and medical cannabinoid products
have passed safety, potency, and consistency testing at a cannabis testing facility approved
by the office for the testing of medical cannabis flower and medical cannabinoid products
before the deleted text begin medical cannabis retailerdeleted text end new text begin cannabis business with a medical cannabis retail
endorsementnew text end may distribute the medical cannabis flower or medical cannabinoid product
to any person deleted text begin authorized to receive medical cannabis flower or medical cannabinoid productsdeleted text end new text begin
enrolled in the registry programnew text end .
(a) Prior to distribution of medical cannabis flower
or medical cannabinoid productsdeleted text begin , a medical cannabis retailer licenseedeleted text end new text begin to a person enrolled
in the registry program, an employee with a valid medical cannabis consultant certificate
issued by the office or a licensed pharmacist under chapter 151new text end must:
(1) review and confirm the patient'snew text begin enrollment in thenew text end registry deleted text begin verificationdeleted text end new text begin programnew text end ;
(2) verify that the person requesting the distribution of medical cannabis flower or
medical cannabinoid products is the patient, the patient's registered designated caregiver,
or the patient's parent, legal guardian, or spouse using the procedures deleted text begin specified in section
152.11, subdivision 2ddeleted text end new text begin established by the officenew text end ;
deleted text begin (3) ensure that a pharmacist employee of the medical cannabis retailer has consulted
with the patient if required according to subdivision 3; and
deleted text end
new text begin (3) provide consultation to the patient to determine the proper medical cannabis flower
or medical cannabinoid product, dosage, and paraphernalia for the patient if required under
subdivision 3;
new text end
(4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid
product that includes recommended dosage requirements and other information as required
deleted text begin by rules adopteddeleted text end by the officedeleted text begin .deleted text end new text begin ; and
new text end
new text begin (5) provide the patient with any other information required by the office.
new text end
(b) A new text begin cannabis business with a new text end medical cannabis deleted text begin retailerdeleted text end new text begin retail endorsementnew text end may not
deliver medical cannabis flower or medical cannabinoid products new text begin to a person enrolled in
the registry program new text end unless the new text begin cannabis business with a new text end medical cannabis deleted text begin retailerdeleted text end new text begin retail
endorsementnew text end also holds a cannabis delivery service license. new text begin The new text end delivery of medical cannabis
flower and medical cannabinoid products are subject to the provisions of section 342.42.
(a) A cannabis worker who is employed by a new text begin cannabis business
with a new text end medical cannabis deleted text begin retailer anddeleted text end new text begin retail endorsementnew text end who is licensed as a pharmacist
pursuant to chapter 151 deleted text begin shall bedeleted text end new text begin or certified as a medical cannabis consultant by the office
isnew text end the only person who may give final approval for the distribution of medical cannabis
flower and medical cannabinoid products. Prior to the distribution of medical cannabis
flower or medical cannabinoid products, a pharmacist new text begin or certified medical cannabis consultant
new text end employed by thenew text begin cannabis business with anew text end medical cannabis deleted text begin retailerdeleted text end new text begin retail endorsementnew text end must
consult with the patient to determine the proper type of medical cannabis flower, medical
cannabinoid product, or medical cannabis paraphernalianew text begin ,new text end and new text begin the new text end proper dosage for the
patient after reviewing the range of chemical compositions of medical cannabis flower or
medical cannabinoid productdeleted text begin .deleted text end new text begin intended for distribution:
new text end
new text begin (1) if the patient is purchasing the medical cannabis flower or medical cannabinoid
product for the first time;
new text end
new text begin (2) if the patient purchases medical cannabis flower or a medical cannabinoid product
that the patient must administer using a different method than the patient's previous method
of administration;
new text end
new text begin (3) if the patient purchases medical cannabis flower or a medical cannabinoid product
with a cannabinoid concentration of at least double the patient's prior dosage; or
new text end
new text begin (4) upon the request of the patient.
new text end
new text begin (b) new text end For purposes of this subdivision, a consultation may be conducted remotely by secure
videoconference, telephone, or other remote means, as long as:
(1) the pharmacist new text begin or consultant new text end engaging in the consultation is able to confirm the
identity of the patient; and
(2) the consultation adheres to patient privacy requirements that apply to health care
services delivered through telemedicine.
deleted text begin (b) Notwithstanding paragraph (a), a pharmacist consultation is not required prior to the
distribution of medical cannabis flower or medical cannabinoid products when a medical
cannabis retailer is distributing medical cannabis flower or medical cannabinoid products
to a patient according to a patient-specific dosage plan established with that medical cannabis
retailer and is not modifying the dosage or product being distributed under that plan. Medical
cannabis flower or medical cannabinoid products distributed under this paragraph must be
distributed by a pharmacy technician employed by the medical cannabis retailer.
deleted text end
deleted text begin A medical cannabis retailer shall not distribute more than a
90-day supply of medical cannabis flower or medical cannabinoid products to a patient,
registered designated caregiver, or parent, legal guardian, or spouse of a patient according
to the dosages established for the individual patient.
deleted text end
A new text begin cannabis business with a
new text end medical cannabis deleted text begin retailerdeleted text end new text begin retail endorsementnew text end may distribute medical cannabis flower and
medical cannabinoid products to a deleted text begin patient, registered designated caregiver, or parent, legal
guardian, or spouse of a patientdeleted text end new text begin person enrolled in the registry programnew text end who is at a dispensary
location but remains in a motor vehicledeleted text begin , provided thatdeleted text end new text begin ifnew text end :
(1) staff receive payment and distribute medical cannabis flower and medical cannabinoid
products in a designated zone that is as close as feasible to the front door of the facility;
(2) thenew text begin cannabis business with anew text end medical cannabis deleted text begin retailerdeleted text end new text begin retail endorsementnew text end ensures
that the receipt of payment and distribution of medical cannabis flower and medical
cannabinoid products are visually recorded by a closed-circuit television surveillance camera
and provides any other necessary security safeguards;
(3) the new text begin cannabis business with a new text end medical cannabis deleted text begin retailerdeleted text end new text begin retail endorsementnew text end does not
store medical cannabis flower or medical cannabinoid products outside a restricted access
area and staff transport medical cannabis flower and medical cannabinoid products from a
restricted access area to the designated zone for distribution only after confirming that the
deleted text begin patient, designated caregiver, or parent, guardian, or spousedeleted text end new text begin person enrolled in the registry
programnew text end has arrived in the designated zone;
(4) the payment new text begin for new text end and distribution of medical cannabis flower and medical cannabinoid
products take place only after deleted text begin a pharmacist consultation takes place, if required under
subdivision 3deleted text end new text begin meeting the requirements in subdivision 2new text end ;
(5) immediately following new text begin the new text end distribution of medical cannabis flower or medical
cannabinoid products, staff deleted text begin enterdeleted text end new text begin recordnew text end the transaction in the statewide monitoring system;
and
(6) immediately following new text begin the new text end distribution of medical cannabis flower and medical
cannabinoid products, staff take the payment received into the facility.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.515, is amended to read:
new text begin (a) A person, cooperative, or business holding a
medical cannabis combination business license is prohibited from owning or operating any
other cannabis business or hemp business or holding an active registration agreement under
section 152.25, subdivision 1.
new text end
new text begin (b) A person or business may hold only one medical cannabis combination business
license.
new text end
new text begin (c) new text end A medical cannabis combination business license entitles the license holder to perform
any or all of the following within the limits established by this section:
(1) grow cannabis plants from seed or immature plant to mature plant and harvest
adult-use cannabis flower and medical cannabis flower from a mature plant;
(2) make cannabis concentrate;
(3) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
(4) manufacture artificially derived cannabinoids;
(5) manufacture medical cannabinoid products;
(6) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
(7) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis
microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis wholesaler,
deleted text begin a medical cannabis cultivator,deleted text end or another medical cannabis combination business;
(8) purchase hemp plant parts and propagules from an industrial hemp grower licensed
under chapter 18K;
(9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids
from a cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a
cannabis wholesaler, deleted text begin a medical cannabis processor,deleted text end or another medical cannabis combination
business;
(10) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
(11) package and label medical cannabis new text begin flower new text end and medical cannabinoid products for
sale to new text begin cannabis businesses with a new text end medical cannabis deleted text begin processorsdeleted text end new text begin processor endorsementnew text end ,new text begin
cannabis businesses with anew text end medical cannabis deleted text begin retailersdeleted text end new text begin retail endorsementnew text end , other medical
cannabis combination businesses, and deleted text begin patients enrolleddeleted text end new text begin personsnew text end in the registry programdeleted text begin ,
registered designated caregivers, and parents, legal guardians, and spouses of an enrolled
patientdeleted text end ;
(12) package and label adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
(13) sell medical cannabis flower and medical cannabinoid products to patients enrolled
in the registry program, registered designated caregivers, and parents, legal guardians, and
spouses of an enrolled patient;
(14) sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and
other products authorized by law to other cannabis businesses and to customers; and
(15) perform other actions approved by the office.
new text begin (d) A medical cannabis combination business is not required to obtain a medical cannabis
endorsement to perform any actions authorized under this section.
new text end
(a) A medical cannabis combination business
may cultivate cannabis to be sold as medical cannabis flower or used in medical cannabinoid
products in an area of up to 60,000 square feet of plant canopynew text begin subject to the limits on
adult-use cannabis cultivation in paragraph (c)new text end .new text begin A medical cannabis combination business
may cultivate cannabis and manufacture cannabis in more than one location, except the
aggregate total of plant canopy in all locations must count toward the business' canopy limit.
new text end
(b) A medical cannabis combination business may cultivate cannabis to be sold as
adult-use cannabis flower or used in adult-use cannabis products in an area authorized by
the office as described in paragraph (c).
(c) The office shall authorize a medical cannabis combination business to cultivate
cannabis for sale in the adult-use market in an area of plant canopy that is equal to one-half
of the area the business used to cultivate cannabis sold in the medical market in the preceding
year. The office shall establish an annual verification and authorization procedure. The
office may increase the area of plant canopy in which a medical cannabis combination
business is authorized to cultivate cannabis for sale in the adult-use market between
authorization periods if the business demonstrates a significant increase in the sale of medical
cannabis and medical cannabis products.
The office may establish limits on cannabis
manufacturing that are consistent with the area of plant canopy a business is authorized to
cultivate.
A medical cannabis combination business may operate up to
one retail location in each congressional district. A medical cannabis combination business
must offer medical cannabis flower, medical cannabinoid products, or both at every retail
location.
The office may
suspend or revoke a medical cannabis combination business license if the office determines
that the business is no longer actively participating in the medical cannabis market. The
office may, by rule, establish minimum requirements related to cannabis cultivation,
manufacturing of medical cannabinoid products, retail sales of medical cannabis flower and
medical cannabinoid products, and other relevant criteria to demonstrate active participation
in the medical cannabis market.
A medical cannabis combination business must comply with the
relevant requirements of sections 342.25, 342.26, 342.27, and 342.51, subdivisions 2 to 5.
new text begin A medical cannabis combination business
may transport immature cannabis plants and seedlings, cannabis flower, cannabis products,
artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp
edibles, and hemp-derived consumer products between facilities operated by the medical
cannabis combination business if the medical cannabis combination business:
new text end
new text begin (1) provides the office with the information described in section 342.35, subdivision 2;
and
new text end
new text begin (2) complies with the requirements of section 342.36.
new text end
new text begin This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 342.52, subdivision 1, is amended
to read:
The deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end must administer
the medical cannabis new text begin patient new text end registry program.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.52, subdivision 2, is amended
to read:
(a) A patient seeking to enroll in the
registry program must submit to the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end an application
established by the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end and a copy of the certification
specified in paragraph (b) or, if the patient is a veteran deleted text begin who receives care from the United
States Department of Veterans Affairsdeleted text end , the information deleted text begin requireddeleted text end new text begin requested by the officenew text end
pursuant to subdivision 3. The patient must provide at least the following information in
the application:
(1) the patient's name, mailing address, and date of birth;
(2) the name, mailing address, and telephone number of the patient's health care
practitioner;
(3) the name, mailing address, and date of birth of the patient's registered designated
caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian,
or spouse will be acting as the patient's caregiver;
(4) a disclosure signed by the patient that includes:
(i) a statement that, notwithstanding any law to the contrary, the office deleted text begin of Cannabis
Management, the Division of Medical Cannabis,deleted text end or an employee of the office deleted text begin of Cannabis
Management or Division of Medical Cannabisdeleted text end may not be held civilly or criminally liable
for any injury, loss of property, personal injury, or death caused by an act or omission while
acting within the employee's scope of office or employment under this section; and
(ii) the patient's acknowledgment that enrollment in the registry program is conditional
on the patient's agreement to meet all other requirements of this section; and
(5) all other information required by the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end .
(b) As part of the application under this subdivision, a patient must submit a copy of a
certification from the patient's health care practitioner that is dated within 90 days prior to
the submission of the application and that certifies that the patient has been diagnosed with
a qualifying medical condition.
(c) A patient's health care practitioner may submit a statement to the deleted text begin Division of Medical
Cannabisdeleted text end new text begin officenew text end declaring that the patient is no longer diagnosed with a qualifying medical
condition. Within 30 days after receipt of a statement from a patient's health care practitioner,
the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end must provide written notice to a patient stating that
the patient's enrollment in the registry program will be revoked in 30 days unless the patient
submits a certification from a health care practitioner that the patient is currently diagnosed
with a qualifying medical condition or, if the patient is a veteran, the patient submits
confirmation that the patient is currently diagnosed with a qualifying medical condition in
a form and manner consistent with the information required for an application made pursuant
to subdivision 3. If the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end revokes a patient's enrollment
in the registry program pursuant to this paragraph, the division must provide notice to the
patient and to the patient's health care practitioner.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.52, subdivision 3, is amended
to read:
(a) The deleted text begin Division of Medical Cannabisdeleted text end new text begin
officenew text end shall establish an alternative certification procedure for veterans deleted text begin who receive care
from the United States Department of Veterans Affairsdeleted text end to deleted text begin confirm that the veteran has been
diagnosed with a qualifying medical conditiondeleted text end new text begin enroll in the patient registry programnew text end .
(b) deleted text begin Adeleted text end new text begin The office may request that anew text end patient who is deleted text begin alsodeleted text end a veteran and is seeking to enroll
in the registry program deleted text begin mustdeleted text end submit to the deleted text begin Division of Medical Cannabisdeleted text end new text begin office a copy of
the patient's veteran identification card andnew text end an deleted text begin application established by the Division of
Medical Cannabis that includes the information identified in subdivision 2, paragraph (a),
and the additional information required by the Division of Medical Cannabis to certify that
the patient has been diagnosed with a qualifying medical conditiondeleted text end new text begin attestation that the
veteran has been diagnosed with a qualifying medical condition listed in section 342.01,
subdivision 63, clauses (1) to (19)new text end .
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.52, subdivision 4, is amended
to read:
(a) Within 30 days after the
receipt of an application and certification or other documentation of a diagnosis with a
qualifying medical condition, the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end must approve or
deny a patient's enrollment in the registry program. If the deleted text begin Division of Medical Cannabisdeleted text end new text begin
officenew text end approves a patient's enrollment in the registry program, the office must provide notice
to the patient and to the patient's health care practitioner.
(b) new text begin The office may deny new text end a patient's enrollment in the registry program deleted text begin must only be
denieddeleted text end new text begin onlynew text end if the patient:
(1) does not submit a certification from a health care practitioner or, if the patient is a
veteran, the documentation deleted text begin requireddeleted text end new text begin requested by the officenew text end under subdivision 3 deleted text begin that the
patient has been diagnosed with a qualifying medical conditiondeleted text end ;
(2) has not signed the disclosure required in subdivision 2;
(3) does not provide the information required by the deleted text begin Division of Medical Cannabisdeleted text end new text begin
officenew text end ;
(4) provided false information on the application; or
(5) at the time of application, is also enrolled in a federally approved clinical trial for
the treatment of a qualifying medical condition with medical cannabis.
(c) If the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end denies a patient's enrollment in the registry
program, the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end must provide written notice to a patient
of all reasons for denying enrollment. Denial of enrollment in the registry program is
considered a final decision of the office and is subject to judicial review under chapter 14.
(d) new text begin The office may revoke new text end a patient's enrollment in the registry program deleted text begin may be revokeddeleted text end
only:
(1) pursuant to subdivision 2, paragraph (c);
(2) upon the death of the patient;
(3) if the patient's certifying health care practitioner has filed a declaration under
subdivision 2, paragraph (c), that the patient's qualifying diagnosis no longer exists and the
patient does not submit another certification within 30 days;
(4) if the patient does not comply with subdivision 6; or
(5) if the patient intentionally sells or diverts medical cannabis flower or medical
cannabinoid products in violation of this chapter.
new text begin (e) new text end If new text begin the office has revoked new text end a patient's enrollment in the registry program deleted text begin has been
revokeddeleted text end due to a violation of subdivision 6, the patient may apply for enrollment 12 months
after the date on which the patient's enrollment was revoked. The office must process such
an application in accordance with this subdivision.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.52, subdivision 5, is amended
to read:
When a patient is enrolled in the registry program, the
deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end must assign the patient a patient registry number and
must issue the patient and the patient's registered designated caregiver, parent, legal guardian,
or spouse, if applicable, a registry verification. The deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end
must also make the registry verification available to deleted text begin medicaldeleted text end cannabis deleted text begin retailersdeleted text end new text begin businesses
with a medical cannabis retail endorsementnew text end . The registry verification must include:
(1) the patient's name and date of birth;
(2) the patient registry number assigned to the patient; and
(3) the name and date of birth of the patient's registered designated caregiver, if any, or
the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or
spouse will act as a caregiver.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.52, subdivision 9, is amended
to read:
(a) The deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end
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 new text begin cannabis business with a new text end medical cannabis deleted text begin retailerdeleted text end new text begin retail endorsement; or cultivating
cannabis plants as permitted by section 342.09, subdivision 2new 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.
deleted text begin (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
deleted text end deleted text begin registration as a designated caregiver. A designated caregiver must have the criminal
background check renewed every two years.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end 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 (d) 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 one patient. A registered designated caregiver
may grow up to eight cannabis plants for the patient household that the registered designated
caregiver is approved to assist with obtaining medical cannabis flower. 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 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
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.52, subdivision 11, is amended
to read:
Patients and registered designated
caregivers must notify the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end of any address or name
change within 30 days of the change having occurred. A patient or registered designated
caregiver is subject to a $100 fine for failure to notify the office of the change.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.53, is amended to read:
The office may add an allowable form of medical cannabinoid productdeleted text begin , and may add or
modify a qualifying medical condition upon its own initiative,deleted text end upon a petition from a member
of the public or from the Cannabis Advisory Council or as directed by law. The office must
evaluate all petitions and must make the addition deleted text begin or modificationdeleted text end if the office determines
that the addition deleted text begin or modificationdeleted text end is warranted by the best available evidence and research.
If the office wishes to add an allowable form deleted text begin or add or modify a qualifying medical conditiondeleted text end ,
the office must notify the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over health finance and policy by January 15 of the year in
which the change becomes effective. In this notification, the office must specify the proposed
addition deleted text begin or modificationdeleted text end , the reasons for the addition deleted text begin or modificationdeleted text end , any written comments
received by the office from the public about the addition deleted text begin or modificationdeleted text end , and any guidance
received from the Cannabis Advisory Council. An addition or modification by the office
under this subdivision becomes effective on August 1 of that year unless the legislature by
law provides otherwise.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.54, is amended to read:
The deleted text begin Division of Medical
Cannabisdeleted text end new text begin officenew text end must:
(1) provide notice of the registry program to health care practitioners in the state;
(2) allow health care practitioners to participate in the registry program if they request
to participate and meet the program's requirements;
(3) provide explanatory information and assistance to health care practitioners to
understand the nature of the therapeutic use of medical cannabis flower and medical
cannabinoid products within program requirements;
(4) make available to participating health care practitioners a certification form in which
a health care practitioner certifies that a patient has a qualifying medical condition; and
(5) supervise the participation of health care practitioners in the registry reporting system
in which health care practitioners report patient treatment and health records information
to the office in a manner that ensures stringent security and record keeping requirements
and that prevents the unauthorized release of private data on individuals as defined in section
13.02.
The deleted text begin Division of Medical Cannabisdeleted text end new text begin
officenew text end must:
(1) administer the registry program according to section 342.52;
(2) provide information to patients enrolled in the registry program on the existence of
federally approved clinical trials for the treatment of the patient's qualifying medical condition
with medical cannabis flower or medical cannabinoid products as an alternative to enrollment
in the registry program;
(3) maintain safety criteria with which patients must comply as a condition of participation
in the registry program to prevent patients from undertaking any task under the influence
of medical cannabis flower or medical cannabinoid products that would constitute negligence
or professional malpractice;
(4) review and publicly report on existing medical and scientific literature regarding the
range of recommended dosages for each qualifying medical condition, the range of chemical
compositions of medical cannabis flower and medical cannabinoid products that will likely
be medically beneficial for each qualifying medical condition, and any risks of noncannabis
drug interactions. This information must be updated by December 1 deleted text begin of each yeardeleted text end new text begin every three
yearsnew text end . The office may consult with an independent laboratory under contract with the office
or other experts in reporting and updating this information; and
(5) annually consult with cannabis businesses about medical cannabis that the businesses
cultivate, manufacture, and offer for sale and post on the deleted text begin Division of Medical Cannabisdeleted text end new text begin
officenew text end website a list of the medical cannabis flower and medical cannabinoid products offered
for sale by each new text begin cannabis business with a new text end medical cannabis retailernew text begin endorsementnew text end .
(a) The deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end must conduct or contract
with a third party to conduct research and studies using data from health records submitted
to the registry program under section 342.55, subdivision 2, and data submitted to the registry
program under section 342.52, subdivisions 2 and 3. If the deleted text begin divisiondeleted text end new text begin officenew text end contracts with a
third party for research and studies, the third party must provide the deleted text begin divisiondeleted text end new text begin officenew text end with
access to all research and study results. The deleted text begin divisiondeleted text end new text begin officenew text end must submit reports on
intermediate or final research results to the legislature and major scientific journals. All
data used by the deleted text begin divisiondeleted text end new text begin officenew text end or a third party under this subdivision must be used or
reported in an aggregated nonidentifiable form as part of a scientific peer-reviewed
publication of research or in the creation of summary data, as defined in section 13.02,
subdivision 19.
(b) The deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end may submit medical research based on the
data collected under sections 342.55, subdivision 2, and data collected through the statewide
monitoring system to any federal agency with regulatory or enforcement authority over
medical cannabis flower and medical cannabinoid products to demonstrate the effectiveness
of medical cannabis flower or medical cannabinoid products for treating or alleviating the
symptoms of a qualifying medical condition.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.55, subdivision 1, is amended
to read:
Before a
patient's enrollment in the registry program, a health care practitioner must:
(1) determine, in the health care practitioner's medical judgment, whether a patient has
a qualifying medical condition and, if so determined, provide the patient with a certification
of that diagnosis;
(2) advise patients, registered designated caregivers, and parents, legal guardians, and
spouses acting as caregivers of any nonprofit patient support groups or organizations;
(3) provide to patients explanatory information from the deleted text begin Division of Medical Cannabisdeleted text end new text begin
officenew text end , including information about the experimental nature of the therapeutic use of medical
cannabis flower and medical cannabinoid products; the possible risks, benefits, and side
effects of the proposed treatment; and the application and other materials from the office;
(4) provide to patients a Tennessen warning as required under section 13.04, subdivision
2; and
(5) agree to continue treatment of the patient's qualifying medical condition and to report
findings to the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end .
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.55, subdivision 2, is amended
to read:
Upon receiving
notification from the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end of the patient's enrollment in the
registry program, a health care practitioner must:
(1) participate in the patient registry reporting system under the guidance and supervision
of the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end ;
(2) report to the deleted text begin Division of Medical Cannabisdeleted text end new text begin officenew text end patient health records throughout
the patient's ongoing treatment in a manner determined by the office and in accordance with
subdivision 4;
(3) determine deleted text begin on a yearly basisdeleted text end new text begin , every three years,new text end if the patient continues to have a
qualifying medical condition and, if so, issue the patient a new certification of that diagnosis.
The patient assessment conducted under this clause may be conducted via telehealth, as
defined in section 62A.673, subdivision 2; and
(4) otherwise comply with requirements established by the office deleted text begin of Cannabis
Management and the Division of Medical Cannabisdeleted text end .
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.56, subdivision 1, is amended
to read:
(a) Nothing
in sections deleted text begin 342.47deleted text end new text begin 342.51new text end to 342.60 permits any person to engage in, and does not prevent
the imposition of any civil, criminal, or other penalties for:
(1) undertaking a task under the influence of medical cannabis flower or medical
cannabinoid products that would constitute negligence or professional malpractice;
(2) possessing or consuming medical cannabis flower or medical cannabinoid products:
(i) on a school bus or van;
(ii) in a correctional facility;
(iii) in a state-operated treatment program, including the Minnesota sex offender program;
or
(iv) on the grounds of a child care facility or family or group family day care program;
(3) vaporizing or smoking medical cannabis:
(i) on any form of public transportation;
(ii) where the vapor would be inhaled by a nonpatient minor or where the smoke would
be inhaled by a minor; or
(iii) in any public place, including any indoor or outdoor area used by or open to the
general public or a place of employment, as defined in section 144.413, subdivision 1b; and
(4) operating, navigating, or being in actual physical control of a motor vehicle, aircraft,
train, or motorboat or working on transportation property, equipment, or facilities while
under the influence of medical cannabis flower or a medical cannabinoid product.
(b) Except for the use of medical cannabis flower or medical cannabinoid products, the
vaporizing or smoking of cannabis flower, cannabis products, artificially derived
cannabinoids, or hemp-derived consumer products is prohibited in a multifamily housing
building, including balconies and patios appurtenant thereto. A violation of this paragraph
is punishable through a civil administrative fine in an amount of $250.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.56, subdivision 2, is amended
to read:
(a) Health care facilities licensed under chapter 144A;
hospice providers licensed under chapter 144A; boarding care homes or supervised living
facilities licensed under section 144.50; assisted living facilities under chapter 144G; facilities
owned, controlled, managed, or under common control with hospitals licensed under chapter
144; and other health care facilities licensed by the commissioner of health or the
commissioner of human services may adopt reasonable restrictions on the use of medical
cannabis flower or medical cannabinoid products by a patient enrolled in the registry program
who resides at or is actively receiving treatment or care at the facility. The restrictions may
include a provision that the facility must not store or maintain a patient's supply of medical
cannabis flower or medical cannabinoid products on behalf of the patient; that a patient
store the patient's supply of medical cannabis flower or medicinal cannabinoid products in
a locked container accessible only to the patient, the patient's designated caregiver, or the
patient's parent, legal guardian, or spouse; that the facility is not responsible for providing
medical cannabis for patients; and that medical cannabis flower or medical cannabinoid
products are used only in a location specified by the facility or provider. Nothing in this
subdivision requires facilities and providers listed in this subdivision to adopt such
restrictions.
(b) No facility or provider listed in this subdivision may unreasonably limit a patient's
access to or use of medical cannabis flower or medical cannabinoid products to the extent
that such use is authorized under sections deleted text begin 342.47deleted text end new text begin 342.51new text end to 342.59. No facility or provider
listed in this subdivision may prohibit a patient access to or use of medical cannabis flower
or medical cannabinoid products due solely to the fact that cannabis is a deleted text begin Schedule I drugdeleted text end new text begin
controlled substancenew text end pursuant to the federal Uniform Controlled Substances Act. If a federal
regulatory agency, the United States Department of Justice, or the federal Centers for
Medicare and Medicaid Services takes one of the following actions, a facility or provider
may suspend compliance with this paragraph until the regulatory agency, the United States
Department of Justice, or the federal Centers for Medicare and Medicaid Services notifies
the facility or provider that it may resume permitting the use of medical cannabis flower or
medical cannabinoid products within the facility or in the provider's service setting:
(1) a federal regulatory agency or the United States Department of Justice initiates
enforcement action against a facility or provider related to the facility's compliance with
the medical cannabis program; or
(2) a federal regulatory agency, the United States Department of Justice, or the federal
Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification
to the facility or provider that expressly prohibits the use of medical cannabis in health care
facilities or otherwise prohibits compliance with the medical cannabis program.
(c) An employee or agent of a facility or provider listed in this subdivision or a person
licensed under chapter 144E is not violating this chapter or chapter 152 for the possession
of medical cannabis flower or medical cannabinoid products while carrying out employment
duties, including providing or supervising care to a patient enrolled in the registry program,
or distribution of medical cannabis flower or medical cannabinoid products to a patient
enrolled in the registry program who resides at or is actively receiving treatment or care at
the facility or from the provider with which the employee or agent is affiliated.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.57, subdivision 1, is amended
to read:
There is a presumption that a patient new text begin or other person
new text end enrolled in the registry program is engaged in the authorized use new text begin or possession new text end of medical
cannabis flower and medical cannabinoid products. This presumption may be rebutted by
evidence that the deleted text begin patient's use of medical cannabis flower or medical cannabinoid productsdeleted text end new text begin
use or possession of medical cannabis flower or medical cannabinoid products by a patient
or other person enrolled in the registry programnew text end was not for the purpose of new text begin assisting with,
new text end treatingnew text begin ,new text end or alleviating the patient's qualifying medical condition or symptoms associated
with the patient's qualifying medical condition.
new text begin This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 342.57, subdivision 2, is amended
to read:
(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