2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 03:48pm
A bill for an act
relating to cannabis; establishing the Cannabis Management Board; establishing
advisory councils; requiring reports relating to cannabis use and sales; legalizing
and limiting the possession and use of cannabis by adults; providing for the
licensing, inspection, and regulation of cannabis businesses; requiring testing of
cannabis and cannabis products; requiring labeling of cannabis and cannabis
products; limiting the advertisement of cannabis, cannabis products, and cannabis
businesses; providing for the cultivation of cannabis in private residences;
transferring regulatory authority for the medical cannabis program; taxing the sale
of adult-use cannabis; establishing grant and loan programs; amending criminal
penalties; establishing expungement procedures for certain individuals; establishing
labor standards for the use of cannabis by employees and testing of employees;
creating a civil cause of action for certain nuisances; amending the scheduling of
marijuana and tetrahydrocannabinols; classifying data; appropriating money;
amending Minnesota Statutes 2020, sections 13.411, by adding a subdivision;
13.871, by adding a subdivision; 152.02, subdivisions 2, 4; 152.022, subdivisions
1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1,
2; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a
subdivision; 181.951, by adding subdivisions; 181.952, by adding a subdivision;
181.953, by adding a subdivision; 181.955; 181.957, subdivision 1; 244.05,
subdivision 2; 256.01, subdivision 18c; 256D.024, subdivision 1; 256J.26,
subdivision 1; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.61,
subdivision 12; 609.135, subdivision 1; 609.531, subdivision 1; 609.5311,
subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609.5317,
subdivision 1; 609A.01; 609A.03, subdivisions 5, 9; proposing coding for new
law in Minnesota Statutes, chapters 17; 28A; 34A; 116J; 116L; 120B; 144; 152;
295; 604; 609A; proposing coding for new law as Minnesota Statutes, chapter
342; repealing Minnesota Statutes 2020, sections 152.027, subdivisions 3, 4;
152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23;
152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27,
subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions
1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions
1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37;
Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500;
4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200; 4770.1300;
4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900;
4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800;
4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008;
4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016;
4770.4017; 4770.4018; 4770.4030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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For the purposes of this chapter, the following terms have the
meanings given them.
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"Adult-use cannabis" means the flower, leaves, stems,
seeds, or plant form of cannabis that is approved for sale by the board, or is substantially
similar to a product approved by the board. Adult-use cannabis does not include adult-use
cannabis products, medical cannabis, medical cannabis products, hemp, or hemp products.
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(a) "Adult-use cannabis concentrate" means
either of the following that is approved for sale by the board, or is substantially similar to
a product approved by the board:
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(1) the extracts and resins of a plant of the genus Cannabis; or
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(2) a product derived from cannabis that is produced by extracting cannabinoids from
the plant including but not limited to a product intended to be consumed through a vaporized
delivery method.
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(b) Adult-use cannabis concentrate does not include edible cannabis products, medical
cannabis products, hemp, or hemp products.
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(a) "Adult-use cannabis product" means any of
the following that is approved for sale by the board, or is substantially similar to a product
approved by the board:
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(1) cannabis concentrate;
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(2) a product infused with tetrahydrocannabinol; and
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(3) any other product that contains cannabis concentrate.
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(b) "Adult-use cannabis product" does not include adult-use cannabis, medical cannabis,
medical cannabis products, the extracts and resins from hemp, or hemp products.
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"Advertisement" means any written or oral statement,
illustration, or depiction that is intended to promote sales of cannabis or cannabis products
or sales at a specific cannabis business and includes any newspaper, radio, Internet and
electronic media, or television advertisement; the distribution of fliers and circulars; and
the display of window and interior signs in a cannabis business. Advertisement does not
include a fixed outdoor sign that meets the requirements in section 342.66, subdivision 2,
paragraph (b).
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"Batch" means:
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(1) a specific quantity of cannabis plants that are cultivated by a cannabis cultivator or
cannabis microbusiness from the same seed or plant stock, that are cultivated and harvested
together, and that receive an identical propagation and cultivation treatment; or
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(2) a specific quantity of a specific cannabis product that is manufactured by a cannabis
manufacturer or cannabis microbusiness at the same time and using the same methods,
equipment, and ingredients.
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"Batch number" means a unique numeric or alphanumeric
identifier assigned to a batch of cannabis by a cannabis cultivator or cannabis microbusiness,
or assigned to a batch of cannabis product by a cannabis manufacturer or cannabis
microbusiness.
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"Board" means the Cannabis Management Board.
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"Bona fide labor organization" means a labor
union that represents or is actively seeking to represent cannabis workers.
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"Cannabinoid profile" means the amounts, expressed
as dry-weight percentages, of delta-nine-tetrahydrocannabinol, cannabidiol,
tetrahydrocannabinolic acid, cannabidiolic acid, and other cannabinoids as specified by the
board, in cannabis or a cannabis product.
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"Cannabis" means the flower, leaves, stems, and seeds of a plant
of the genus Cannabis whether growing or not. Cannabis includes adult-use cannabis and
medical cannabis. Cannabis does not include cannabis products, hemp, or hemp products.
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"Cannabis business" means any of the following licensed
under this chapter:
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(1) cannabis cultivator;
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(2) cannabis manufacturer;
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(3) cannabis retailer;
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(4) cannabis wholesaler;
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(5) cannabis transporter;
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(6) cannabis testing facility;
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(7) cannabis microbusiness;
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(8) cannabis event organizer;
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(9) cannabis delivery service; and
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(10) medical cannabis business.
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"Cannabis concentrate" means the extracts and resins
of a plant of the genus Cannabis, or other product derived from cannabis that is produced
by extracting cannabinoids from the plant including but not limited to a product intended
to be consumed through a vaporized delivery method with use of liquid or oil. "Cannabis
concentrate" does not include edible cannabis products or the extracts and resins extracted
from hemp.
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"Cannabis extraction" means the process of extracting
cannabis concentrate from cannabis using water, lipids, gases, solvents, or other chemicals
or chemical processes, but does not include the process of extracting concentrate from hemp.
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"Cannabis paraphernalia" means all equipment,
products, and materials of any kind which are knowingly or intentionally used primarily in:
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(1) cultivating cannabis;
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(2) manufacturing cannabis products;
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(3) ingesting, inhaling, or otherwise introducing cannabis into the human body; and
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(4) testing the strength, effectiveness, or purity of cannabis or a cannabis product.
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"Cannabis product" means cannabis concentrate; a product
infused with tetrahydrocannabinol; and any other product that contains cannabis concentrate.
Cannabis product includes adult-use cannabis products and medical cannabis products.
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"Community health board" has the meaning given
in section 145A.02, subdivision 5.
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"Cooperative" means an association conducting business on a
cooperative plan that is organized or is subject to chapter 308A or 308B.
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"Council" means the Cannabis Advisory Council.
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"Cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of cannabis.
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"Edible cannabis product" means any type of food
or drink infused with tetrahydrocannabinol or containing cannabis concentrate that is
approved as an adult-use cannabis product for sale by the board, or is substantially similar
to a product approved by the board including but not limited to candy and baked goods.
"Edible cannabis product" does not include an edible product containing hemp or a hemp
product.
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"Health care practitioner" means a
Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting
within the scope of authorized practice, or a Minnesota-licensed advanced practice registered
nurse who has the primary responsibility for the care and treatment of the qualifying medical
condition of a person diagnosed with a qualifying medical condition.
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"Health record" has the meaning given in section 144.291,
subdivision 2.
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"Hemp" means the plant Cannabis sativa L. and any part of the plant,
whether growing or not, including the plant's seeds, and all the plant's derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight
basis.
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"Hemp-derived consumable
or topical product" means a product that is derived from hemp, that is intended for human
consumption or application onto human skin or hair, and contains cannabidiol or another
cannabinoid, derivative, or extract of hemp.
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(a) "Hemp product" means either:
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(1) intermediate or finished products made from fibrous waste that are not intended for
human or animal consumption and are not usable or recognizable as medical or retail
marijuana. Industrial fiber products include but are not limited to cordage, paper, fuel,
textiles, bedding, insulation, construction materials, compost materials, and industrial
materials; or
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(2) a finished product containing hemp that:
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(i) is a cosmetic, food, food additive, or herb;
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(ii) is for human use or consumption;
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(iii) contains any part of the hemp plant, including naturally occurring cannabinoids,
compounds, concentrates, extracts, isolates, resins, or derivatives; or
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(iv) contains a delta-9 tetrahydrocannabinol concentration of no more than three-tenths
of one percent on a dry weight basis.
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(b) "Hemp product" includes hemp-derived consumable or topical products.
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"Labor peace agreement" means an agreement
between a cannabis business and a bona fide labor organization that protects the state's
interests by, at minimum, prohibiting the labor organization from engaging in picketing,
work stoppages, or boycotts against the cannabis business. This type of agreement shall not
mandate a particular method of election or certification of the bona fide labor organization.
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"Legacy medical cannabis
manufacturer" means an entity registered by the commissioner of health as of July 1, 2021,
to cultivate, manufacture, and dispense medical cannabis and medical cannabis products to
patients.
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"License holder" means a person, cooperative, or business
that holds any of the following licenses:
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(1) cannabis cultivator;
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(2) cannabis manufacturer;
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(3) cannabis retailer;
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(4) cannabis wholesaler;
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(5) cannabis transporter;
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(6) cannabis testing facility;
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(7) cannabis microbusiness;
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(8) cannabis event organizer;
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(9) cannabis delivery service; or
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(10) medical cannabis business.
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"Local unit of government" means a home rule
charter or statutory city, county, town, or other political subdivision.
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"Medical cannabis" means the flower, dried leaves, or
plant form of cannabis 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
cannabis retailer or medical cannabis business to treat or alleviate the symptoms of a
qualifying medical condition. "Medical cannabis" does not include adult use cannabis,
medical cannabis products, hemp, or hemp products.
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"Medical cannabis business" means an entity
licensed under this chapter to engage in one or more of the following:
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(1) cultivation of medical cannabis;
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(2) manufacture of medical cannabis products; and
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(3) retail sale of medical cannabis and medical cannabis products.
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"Medical cannabis paraphernalia" means
a delivery device, related supply, or educational material used by a patient enrolled in the
registry program to administer medical cannabis and medical cannabis products.
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(a) "Medical cannabis product" means a cannabis
product manufactured from hemp or cannabis and 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 cannabis retailer or medical cannabis business to treat or alleviate
the symptoms of a qualifying medical condition. A medical cannabis product must be in
the form of:
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(1) liquid, including but not limited to oil;
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(2) pill;
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(3) liquid or oil for use with a vaporized delivery method;
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(4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;
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(5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and
sublingual tablets;
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(6) topical formulation; or
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(7) any allowable form or delivery method approved by the board.
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(b) "Medical cannabis product" does not include medical cannabis, adult-use cannabis,
adult-use cannabis products, hemp, or hemp products other than those identified in paragraph
(a).
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"Office of Medical Cannabis" means a division
housed in the Cannabis Management Board that operates the medical cannabis program.
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"Office of Social Equity" means a division housed
in the Cannabis Management Board that promotes development, stability, and safety in
communities that experienced a disproportionate, negative impact from cannabis prohibition.
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"Outdoor advertisement" means an advertisement
that is located outdoors or can be seen or heard by an individual who is outdoors, and
includes billboards; advertisements on benches; advertisements at transit stations or transit
shelters; advertisements on the exterior or interior of buses, taxis, light rail transit, or business
vehicles; and print signs that do not meet the requirements in section 342.66, subdivision
2, paragraph (b), but that are placed or located on the exterior property of a cannabis business.
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"Patient" means a Minnesota resident who has been diagnosed with
a qualifying medical condition by a health care practitioner and who has met all other
requirements for patients under this chapter to participate in the registry program.
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"Patient registry number" means a unique
identification number assigned by the Office of Medical Cannabis to a patient enrolled in
the registry program.
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"Qualifying medical condition" means a
diagnosis of any of the following conditions:
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(1) cancer;
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(2) glaucoma;
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(3) human immunodeficiency virus or acquired immune deficiency syndrome;
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(4) Tourette's syndrome;
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(5) amyotropic lateral sclerosis;
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(6) seizures, including those characteristic of epilepsy;
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(7) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;
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(8) inflammatory bowel disease, including Crohn's disease;
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(9) terminal illness, with a probable life expectancy of under one year;
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(10) intractable pain;
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(11) post-traumatic stress disorder;
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(12) autism spectrum disorder;
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(13) obstructive sleep apnea;
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(14) Alzheimer's disease;
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(15) chronic pain;
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(16) age-related macular degeneration; or
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(17) any other medical condition or its treatment approved by the board.
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"Registered designated caregiver" means
a person who:
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(1) is at least 18 years old;
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(2) is not disqualified for a criminal offense according to section 342.20, subdivision 1;
and
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(3) has been approved by the Office of Medical Cannabis to assist a patient with obtaining
medical cannabis and medical cannabis products from a cannabis retailer or medical cannabis
business and with administering medical cannabis and medical cannabis products, if the
patient has been identified by a health care practitioner as having a developmental or physical
disability and, due to the disability, requires such assistance.
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"Registry" or "registry program" means the
patient registry established under this chapter listing patients authorized to obtain medical
cannabis, medical cannabis products, and medical cannabis paraphernalia from cannabis
retailers and medical cannabis businesses and administer medical cannabis and medical
cannabis products.
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"Registry verification" means the verification provided
by the Office of Medical Cannabis 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.
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"Restricted area" means an area where cannabis or cannabis
products are cultivated, manufactured, or stored by a cannabis business.
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"Statewide monitoring system" means the
system for integrated cannabis tracking, inventory, and verification established or adopted
by the board.
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"Veteran" means an individual who satisfies the requirements in
section 197.447.
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"Volatile solvent" means any solvent that is or produces a
flammable gas or vapor that, when present in the air in sufficient quantities, will create
explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane,
and propane.
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The Cannabis Management Board is created with the
powers and duties established by law. In making rules, establishing policy, and regulating
medical cannabis and the adult-use cannabis market, the board shall:
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(1) promote public health and welfare;
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(2) protect public safety;
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(3) eliminate the illicit market for cannabis and cannabis products;
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(4) meet market demand for cannabis and cannabis products;
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(5) promote a craft industry for cannabis and cannabis products; and
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(6) prioritize growth and recovery in communities that experienced a disproportionate,
negative impact from cannabis prohibition.
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(a) The Cannabis Management Board is composed of the
following members who are appointed by the governor:
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(1) a person with experience in oversight of production agriculture;
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(2) a person with experience in corporate management, finance, or securities;
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(3) a person with experience in public health, mental health, substance use, or toxicology;
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(4) a person with experience in oversight of industry management, including commodities,
production, or distribution in a regulated industry;
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(5) a person with experience in administering and enforcing statutes and rules governing
business operations;
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(6) a person with experience in establishing and developing new economic opportunity
programs;
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(7) a person with experience in promoting social equity; and
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(8) two persons with experience in promoting economic and social renewal in
communities that experienced long-term poverty; a disproportionate, negative impact from
cannabis prohibition; or both.
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(b) In appointing the members under paragraph (a), clause (8), the governor shall select
from a list of eight individuals provided by the three ethnic councils established under
section 15.0145 and the Indian Affairs Council established under section 3.922, reflecting
two nominations made by each.
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(c) At least one member appointed under paragraph (a) must be a current or former
member of a labor organization as defined in section 179.01, subdivision 6.
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(d) The governor shall make reasonable efforts to appoint qualified members of protected
groups, as defined in section 43A.02, subdivision 33.
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(e) The governor shall designate one member to serve as chair.
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(f) While serving on the board and within two years after terminating service, board
members may not:
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(1) have a direct or indirect financial interest in a cannabis business licensed under this
chapter; or
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(2) serve as a lobbyist, as defined under section 10A.01, subdivision 21.
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(a) Members are appointed to serve three-year
terms following the initial staggered-term lot determination and may be reappointed.
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(b) The initial term of members appointed under paragraph (a) shall be determined by
lot by the secretary of state and shall be as follows:
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(1) two members shall serve one-year terms;
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(2) two members shall serve two-year terms; and
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(3) three members shall serve three-year terms.
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(c) A member may be removed by the governor at any time for cause, after notice and
hearing.
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(d) If a vacancy occurs, the governor shall appoint a new qualifying member within 90
days.
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(e) Compensation of board members is governed by section 15.0575.
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The board has the following powers and duties:
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(1) develop, maintain, and enforce an organized system of regulation for the lawful
cannabis industry;
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(2) establish programming, services, and notification to protect, maintain, and improve
the health of citizens;
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(3) prevent unauthorized access to cannabis by individuals under 21 years of age;
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(4) establish and regularly update standards for product testing, packaging, and labeling;
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(5) promote economic growth with an emphasis on growth in areas that experienced a
disproportionate, negative impact from cannabis prohibition;
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(6) issue and renew licenses;
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(7) require fingerprints from persons determined by board rule to be subject to
fingerprinting and obtain criminal conviction data for persons seeking a license from the
board;
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(8) 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;
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(9) authorize the use of unmarked motor vehicles to conduct seizures or investigations
pursuant to the board's authority;
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(10) impose and collect civil and administrative penalties as provided in this chapter;
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(11) cooperate with the commissioners and directors of other state agencies and
departments to promote the beneficial interests of the state;
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(12) publish such information as may be deemed necessary to the welfare of cannabis
businesses and the health and safety of citizens;
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(13) make loans and grants in aid to the extent appropriations are made available for
that purpose;
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(14) authorize research and studies on cannabis, cannabis products, and the cannabis
industry;
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(15) provide reports as required by law;
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(16) establish limits on the potency of cannabis that can be sold to customers by licensed
cannabis retailers and licensed cannabis microbusinesses with an endorsement to sell cannabis
and cannabis products to customers; and
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(17) exercise other powers and authority and perform other duties required of or imposed
upon the board by law.
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(a) Meetings of the board are subject to chapter 13D.
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(b) The board shall hold a monthly meeting. At a minimum, the meeting must include
the following:
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(1) report from the Cannabis Advisory Council, if any;
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(2) report from the executive director; and
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(3) action on matters within the jurisdiction of the board, if any.
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Four members of the board constitutes a quorum for the purposes
of any board meeting. The affirmative vote of four members is required for action taken at
any board meeting.
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The board is subject to sections 138.163 to 138.25,
governing records management, and chapter 13, the Minnesota Government Data Practices
Act.
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The board may adopt rules to implement any provisions in this
chapter. Rules for which notice is published in the State Register before July 1, 2024, may
be adopted using the expedited rulemaking process in section 14.389.
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(a) The board shall appoint an executive director. The
executive director is in the unclassified service and serves at the pleasure of the board. The
executive director is not an ex officio member of the board.
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(b) The executive director shall:
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(1) attend all meetings of the board;
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(2) serve as secretary of the board and keep a record of all proceedings and actions by
the board;
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(3) serve as the chair of the Cannabis Advisory Council; and
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(4) perform such duties on behalf of the board as the board shall prescribe.
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(b) The salary of the executive director must not exceed the salary limit established
under section 15A.0815, subdivision 3.
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(c) While serving as the executive director and within two years after terminating service,
the executive director is prohibited from:
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(1) having a direct or indirect financial interest in a cannabis business licensed under
this chapter; or
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(2) serving as a lobbyist, as defined under section 10A.01, subdivision 21.
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(a) The board may employ other personnel in the classified service
necessary to carry out the duties under this chapter.
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(b) The board may employ peace officers as defined under section 626.84, subdivision
1, paragraph (c).
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(c) The director shall request the Bureau of Criminal Apprehension to perform
background checks on persons who are finalists for employment with the board but may
employ personnel pending completion of the background check.
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(d) While employed by the board and within two years after terminating employment,
employees may not have a direct or indirect financial interest in a cannabis business licensed
under this chapter.
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The board shall establish an office of social equity.
At a minimum, the office shall:
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(1) administer grants to communities that experienced a disproportionate, negative impact
from cannabis prohibition in order to promote economic development, provide services to
prevent violence, support early intervention programs for youth and families, and promote
community stability and safety;
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(2) act as an ombudsperson for the board to provide information, investigate complaints
arising from this chapter, and provide or facilitate dispute resolutions; and
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(3) report to the board on the status of grants, complaints, and social equity in the cannabis
industry.
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The Cannabis Advisory Council is created consisting of
the following members:
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(1) the executive director of the Cannabis Management Board;
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(2) the commissioner of employment and economic development, or a designee;
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(3) the commissioner of revenue, or a designee;
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(4) the commissioner of health, or a designee;
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(5) the commissioner of public safety, or a designee;
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(6) the commissioner of human rights, or a designee;
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(7) the commissioner of labor, or a designee;
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(8) a representative from the League of Minnesota Cities, appointed by the league;
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(9) a representative from the Association of Minnesota Counties, appointed by the
association;
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(10) an expert in minority business development, appointed by the governor;
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(11) an expert in economic development strategies for under-resourced communities,
appointed by the governor;
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(12) an expert in farming or representing the interests of farmers, appointed by the
governor;
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(13) an expert representing the interests of employers, appointed by the governor;
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(14) an expert in municipal law enforcement with advanced training in impairment
detection and evaluation, appointed by the governor;
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(15) an expert in social welfare or social justice, appointed by the governor;
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(16) an expert in criminal justice reform to mitigate the disproportionate impact of drug
prosecutions on communities of color, appointed by the governor;
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(17) an expert in the prevention and treatment of substance use disorders, appointed by
the governor;
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(18) an expert in minority business ownership, appointed by the governor;
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(19) an expert in women-owned business, appointed by the governor;
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(20) an expert in cannabis retailing, appointed by the governor;
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(21) an expert in cannabis product manufacturing, appointed by the governor;
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(22) an expert in laboratory sciences and toxicology, appointed by the governor;
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(23) an expert in providing legal services to cannabis businesses, appointed by the
governor;
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(24) an expert in cannabis cultivation, appointed by the governor;
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(25) a patient advocate, appointed by the governor; and
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(26) a veteran, appointed by the governor.
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The membership terms,
compensation, removal of members appointed by the governor, and filling of vacancies of
members shall be as provided in section 15.059.
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(a) The executive director of the Cannabis Management
Board shall chair the Cannabis Advisory Council. The advisory council shall elect a vice-chair
and may elect other officers as necessary.
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(b) The advisory council shall meet monthly or upon the call of the chair.
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(c) Meetings of the advisory council are subject to chapter 13D.
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(a) The duties of the advisory council shall include:
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(1) reviewing national cannabis policy;
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(2) examining the effectiveness of state cannabis policy;
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(3) reviewing developments in the cannabis industry;
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(4) reviewing developments in the study of cannabis;
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(5) taking public testimony; and
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(6) making recommendations to the Cannabis Management Board.
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(b) At its discretion, the advisory council may examine other related issues consistent
with this section.
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(a) The board shall conduct a study to determine the expected size and growth of the
regulated cannabis industry including an estimate of demand for cannabis and cannabis
products, the number and geographic distribution of cannabis businesses needed to meet
that demand, and the anticipated business from residents of other states.
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(b) The board shall conduct a study to determine the size of the illicit cannabis market,
the sources of illicit cannabis in the state, the locations of citations issued and arrests made
for cannabis offenses, and the subareas, such as census tracts or neighborhoods, that
experience a disproportionately large amount of cannabis enforcement.
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(c) The board shall conduct a study on impaired driving to determine the number of
accidents involving one or more drivers who admitted to using cannabis or cannabis products
or who tested positive for cannabis or tetrahydrocannabinol, the number of arrests of persons
for impaired driving in which the person tested positive for cannabis or tetrahydrocannabinol,
and the number of convictions for driving under the influence of cannabis or
tetrahydrocannabinol.
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(d) The board shall provide preliminary reports on the studies conducted pursuant to
paragraphs (a) to (c) to the legislature by January 15, 2022, and shall provide final reports
to the legislature by January 15, 2023. The reports may be consolidated into a single report
by the board.
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(e) The board shall submit an annual report to the legislature by January 15, 2022, and
each January 15 thereafter. The annual report shall include but not be limited to the following:
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(1) the status of the regulated cannabis industry;
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(2) the status of the illicit cannabis industry;
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(3) the number of accidents, arrests, and convictions involving drivers who admitted to
using cannabis or cannabis products or who tested positive for cannabis or
tetrahydrocannabinol;
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(4) the change in potency, if any, of cannabis available through the regulated market;
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(5) progress on ensuring that cannabis outcomes are socially equitable;
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(6) the status of racial and geographic diversity in the cannabis industry;
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(7) proposed legislative changes; and
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(8) recommendations for levels of funding for:
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(i) a coordinated education program to raise public awareness about and address the top
three adverse health effects, as determined by the commissioner of health, associated with
the use of cannabis or cannabis products by persons under age 21;
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(ii) a coordinated education program to educate pregnant women, breastfeeding women,
and women who may become pregnant on the adverse health effects of cannabis and cannabis
products;
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(iii) providing training, technical assistance, and educational materials for home visiting
programs and tribal home visiting programs regarding safe and unsafe use of cannabis and
cannabis products in homes with infants and young children;
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(iv) use of model programs to educate middle school and high school students on the
health effects on children and adolescents of cannabis use and substance use;
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(v) grants issued through the CanTrain, CanNavigate, CanStartup, CanGrow, and
CanLearn programs;
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(vi) grants to organizations for community development in social equity communities
through the CanRenew program;
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(vii) training of peace officers and law enforcement agencies on changes to cannabis
laws and their impact on searches and seizures;
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(viii) training of peace officers to increase the number of drug recognition experts;
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(ix) the retirement and replacement of drug detection dogs; and
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(x) the Department of Human Services and county social service agencies to address
any increase in demand for services.
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(f) In developing the recommended funding levels under paragraph (e), clause 8, items
(vii) to (x), the board shall consult with local law enforcement agencies, the Minnesota
Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota
Cities, the Association of Minnesota Counties, and county social service agencies.
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(g) By January 15, 2024, the board shall submit a report to the legislature regarding the
governance structure of the board and recommendations for legislative changes, if any.
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The board shall contract with an outside vendor
to establish a statewide monitoring system for integrated cannabis tracking, inventory, and
verification to track all cannabis and cannabis products from seed or immature plant until
disposal or sale to a patient or customer.
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The monitoring system must allow cannabis
businesses to submit monitoring data to the board through manual data entry or through the
use of monitoring system software commonly used within the cannabis industry.
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The board shall consult with the state chief
information officer to enter into a managed services contract for the provision and
improvement of the statewide monitoring system.
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(a) The board by rule shall approve cannabis products for retail sale.
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(b) The board shall not approve any cannabis product that:
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(1) is or appears to be a lollipop or ice cream;
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(2) bears the likeness or contains characteristics of a real or fictional person, animal, or
fruit;
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(3) is modeled after a brand of products primarily consumed by or marketed to children;
or
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(4) is made by applying extracted or concentrated tetrahydrocannabinol to a commercially
available candy or snack food item.
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The board by rule shall establish appropriate water
standards for cannabis businesses. At a minimum, the water standards must:
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(1) regulate the use of automated watering systems;
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(2) limit the acceptable runoff of water;
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(3) require the reuse of wastewater; and
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(4) require the use of filtration systems for removing contaminants from wastewater.
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The board by rule and in consultation with the commissioner of
commerce shall establish appropriate energy standards for cannabis businesses. At a
minimum, the energy standards must:
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(1) promote the use of solar and wind energy throughout the cannabis industry;
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(2) promote the use of electric vehicles throughout the cannabis industry;
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(3) require cannabis cultivators and cannabis manufacturers to use solar and wind energy
or purchase approved credits to offset the use of other energy sources; and
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(4) establish a plan for legacy medical cannabis manufacturers to transition cultivation
and manufacturing operations to solar and wind energy, or purchase approved credits to
offset the use of other energy sources, within five years.
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The board by rule shall establish appropriate solid waste standards
for the disposal of:
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(1) cannabis and cannabis products;
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(2) packaging;
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(3) recyclable materials, including minimum requirements for the use of recyclable
materials; and
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(4) other solid waste.
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The board by rule shall establish appropriate standards and requirements
to limit odors produced by cannabis businesses.
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(a) A person 21 years of age or older may:
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(1) use, possess, or transport cannabis paraphernalia;
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(2) possess or transport 1.5 ounces or less of adult-use cannabis in a public place;
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(3) possess ten pounds or less of adult-use cannabis in the person's private residence;
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(4) possess or transport eight grams or less of adult-use cannabis concentrate;
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(5) possess or transport an edible cannabis product infused with 800 milligrams or less
of tetrahydrocannabinol;
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(6) give for no remuneration 1.5 ounces or less of adult-use cannabis, eight grams or
less of adult-use cannabis concentrate, or an edible cannabis product infused with 800
milligrams or less of tetrahydrocannabinol to a person who is at least 21 years of age; and
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(7) use adult-use cannabis and adult-use cannabis products in the following locations:
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(i) a private residence, including the person's curtilage or yard;
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(ii) on private property, not generally accessible by the public, when the person is
explicitly permitted to consume cannabis or cannabis products on the property by the owner
of the property; or
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(iii) on the premises of an establishment or event licensed to permit on-site consumption.
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(b) Except as provided in paragraph (c), a person may not:
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(1) use, possess, or transport cannabis or cannabis products if the person is under the
age of 21;
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(2) use cannabis or cannabis products in a motor vehicle as defined in section 169A.03,
subdivision 15;
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(3) use cannabis or cannabis products at any location where smoking is prohibited under
section 144.414;
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(4) use or possess cannabis or cannabis 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;
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(5) use or possess cannabis or cannabis products in a state correctional facility;
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(6) operate a motor vehicle while under the influence of cannabis or cannabis products;
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(7) give for no remuneration cannabis or cannabis products to a person under 21 years
of age; or
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(8) give for no remuneration cannabis or cannabis products as a sample or promotional
gift if the giver is in the business of selling goods or services.
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(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 or medical cannabis products by a patient; a registered designated caregiver; or a
parent, legal guardian, or spouse of a patient.
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(d) 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 or cannabis 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.
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Up to eight cannabis
plants, with four or fewer being mature, flowering plants may be grown at a single residence,
including the curtilage or yard, without a license to cultivate cannabis issued under this
chapter provided that it takes place at the primary residence of a person 21 years of age or
older and in an enclosed, locked space that is not open to public view.
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No person may use a volatile solvent to separate or extract cannabis concentrate
without a cannabis manufacturer or cannabis microbusiness license issued under this chapter.
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No person may sell
cannabis or cannabis products without a cannabis retailer or cannabis microbusiness license
issued under this chapter.
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(a) In addition to penalties listed in this subdivision, a
person who violates the provisions of this chapter is subject to any applicable criminal
penalty.
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(b) The board may assess the following civil penalties on a person who sells cannabis
or cannabis products without a license authorizing the sale of cannabis or cannabis products
issued under this chapter:
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(1) if the person sells more than 1.5 ounces but not more than eight ounces of cannabis,
up to $1,000;
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(2) if the person sells more than eight ounces but not more than one pound of cannabis,
up to $5,000;
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(3) if the person sells more than one pound but not more than five pounds of cannabis,
up to $25,000;
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(4) if the person sells more than five pounds but not more than 25 pounds of cannabis,
up to $100,000;
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(5) if the person sells more than 25 pounds but not more than 50 pounds of cannabis,
up to $250,000; and
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(6) if the person sells more than 50 pounds of cannabis, up to $1,000,000.
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(c) The board may assess the following civil penalties on a person who sells cannabis
concentrate without a license authorizing the sale of cannabis products issued under this
chapter:
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(1) if the person sells more than eight grams but not more than 40 grams of cannabis
concentrate, up to $1,000;
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(2) if the person sells more than 40 grams but not more than 80 grams of cannabis
concentrate, up to $5,000;
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(3) if the person sells more than 80 grams but not more than 400 grams of cannabis
concentrate, up to $25,000;
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(4) if the person sells more than 400 grams but not more than two kilograms of cannabis
concentrate, up to $100,000;
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(5) if the person sells more than two kilograms but not more than four kilograms of
cannabis concentrate, up to $250,000; and
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(6) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000.
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(d) The board may assess the following civil penalties on a person who sells products
infused with tetrahydrocannabinol without a license authorizing the sale of cannabis products
issued under this chapter:
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(1) if the person sells products infused with more than 800 milligrams but not more than
four grams of tetrahydrocannabinol, up to $1,000;
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(2) if the person sells products infused with more than four grams but not more than
eight grams of tetrahydrocannabinol, up to $5,000;
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(3) if the person sells products infused with more than eight grams but not more than
40 grams of tetrahydrocannabinol, up to $25,000;
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(4) if the person sells products infused with more than 40 grams but not more than 200
grams of tetrahydrocannabinol, up to $100,000;
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(5) if the person sells products infused with more than 200 grams but not more than 400
grams of tetrahydrocannabinol, up to $250,000; and
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(6) if the person sells products infused with more than 400 grams of tetrahydrocannabinol,
up to $1,000,000.
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(e) The board may assess a civil penalty of up to $500 for each plant grown in excess
of the limit on a person who grows more than eight cannabis plants, or more than four
mature, flowering plants, without a license to cultivate cannabis issued under this chapter.
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The board shall issue the following types of license:
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(1) cannabis cultivator, including:
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(i) craft cultivator; and
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(ii) bulk cultivator;
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(2) cannabis manufacturer;
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(3) cannabis retailer;
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(4) cannabis wholesaler;
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(5) cannabis transporter;
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(6) cannabis testing facility;
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(7) cannabis microbusiness;
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(8) cannabis event organizer;
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(9) cannabis delivery service; and
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(10) medical cannabis business.
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Except for the application fee authorized under section 342.15, subdivision 3, the board
shall not charge a fee for annual licenses issued under this chapter.
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(a) Licenses issued under this chapter may not be transferred.
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(b) Licenses must be renewed annually.
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(c) License holders may petition the board to adjust the tier of a license issued within a
license category provided that the license holder meets all applicable requirements.
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(d) The board by rule may permit relocation of a licensed cannabis business, adopt
requirements for the submission of a license relocation application, establish standards for
the approval of a relocation application, 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.
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(a) A local unit of government may not prohibit the possession, transportation, or use
of cannabis or cannabis products authorized under this chapter.
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(b) A local unit of government may not prohibit the establishment or operation of a
cannabis business licensed under this chapter.
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(c) A local unit of government may adopt reasonable restrictions on the time, place, and
manner of the operation of a cannabis business provided such restrictions do not prohibit
the establishment or operation of such a business.
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(d) The board shall work with local units of government to develop model ordinances
for reasonable restrictions on the time, place, and manner of the operation of a cannabis
business.
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(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, 2024.
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(f) Within 30 days of receiving a copy of an application from the board, a local unit of
government shall certify on a form provided by the board 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.
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(g) Upon receipt of an application for a license issued under this chapter, the board 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 board with any additional information it believes
is relevant to the board'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.
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(h) The board 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.
Complaints may include alleged violations of local ordinances or other alleged violations.
At a minimum, the expedited complaint process shall require the board to provide an initial
response to the complaint within seven days and perform any necessary inspections within
30 days. Nothing in this paragraphs prohibits a local unit of government from enforcing a
local ordinance.
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(a) The board by rule shall establish forms and
procedures for the processing of licenses issued under this chapter. At a minimum, any
application to obtain or renew a license shall include the following information if applicable:
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(1) the name, address, and date of birth of the applicant;
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(2) the disclosure of ownership and control required under paragraph (b);
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(3) disclosure of whether the applicant or, if the applicant is a business, of whether any
officer, director, manager, and general partner of the business has ever filed for bankruptcy;
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(4) the address and legal property description of the business;
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(5) documentation showing legal possession of the premises where the business will
operate;
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(6) a diagram of the premises, including a security drawing;
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(7) a copy of the security plan;
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(8) proof of trade name registration;
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(9) a copy of the applicant's business plan showing the expected size of the business;
anticipated growth; methods of record keeping; knowledge and experience of the applicant
and any officer, director, manager, and general partner of the business; environmental plan;
and other relevant financial and operational components;
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(10) an attestation signed by a bona fide labor organization stating that the applicant has
entered into a labor peace agreement;
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(11) certification that the applicant will comply with the requirements of this chapter
relating to the ownership and operation of a cannabis business;
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(12) identification of one or more controlling persons or managerial employees as agents
who shall be responsible for dealing with the board on all matters; and
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(13) a statement that the applicant agrees to respond to the board's supplemental requests
for information.
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(b) An applicant must file and update as necessary a disclosure of ownership and control.
The board by rule shall establish the contents and form of the disclosure. At a minimum,
the disclosure shall include the following:
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(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;
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(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;
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(3) if the applicant is a corporation, copies of its articles of incorporation and bylaws
and any amendments to its articles of incorporation or bylaws;
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(4) copies of any partnership agreement, operating agreement, or shareholder agreement;
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(5) copies of any promissory notes, security instruments, or other similar agreements;
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(6) explanation detailing the funding sources used to finance the business;
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(7) a list of operating and investment accounts for the business, including any applicable
financial institution and account number; and
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(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.
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(c) An application may include:
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(1) proof that the applicant is a social equity applicant;
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(2) a diversity plan that establishes a goal of diversity in ownership, management,
employment, and contracting;
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(3) a description of the training and education that will be provided to any employee;
or
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(4) a copy of business policies governing operations to ensure compliance with this
chapter.
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(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.
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(e) An application on behalf of a corporation or association shall be signed by at least
two officers or managing agents of that entity.
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(a) Applicants must submit all required information to
the board on the forms and in the manner prescribed by the board.
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(b) If the board receives an application that fails to provide the required information,
the board shall issue a deficiency notice to the applicant. The applicant shall have ten business
days from the date of the deficiency notice to submit the required information.
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(c) Failure by an applicant to submit all required information will result in the application
being rejected.
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(d) Upon receipt of a completed application and fee, the board 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.
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(e) Within 90 days of receiving a completed application, the board shall issue the
appropriate license or send the applicant a notice of rejection setting forth specific reasons
why the board did not approve the application.
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The board may charge a nonrefundable fee, not to exceed
$250, to cover the costs associated with reviewing and processing applications.
new text end
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The board shall issue the necessary number of licenses
in order to assure sufficient supply of cannabis and cannabis products to meet demand,
provide market stability, and limit the sale of unregulated cannabis.
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(a) The board shall prioritize issuance of
microbusiness licenses with an endorsement to cultivate cannabis and craft cultivator licenses.
new text end
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(b) Unless the board determines that issuance of bulk cultivator licenses is necessary to
assure a sufficient supply of cannabis and cannabis products, the board shall not issue a
bulk cultivator license before July 1, 2026.
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(a) The board shall award points to each
completed application in the following categories:
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(1) status as a social equity applicant;
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(2) status as a veteran applicant;
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(3) security and record keeping;
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(4) employee training plan;
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(5) business plan and financial situation;
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(6) diversity plan;
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(7) labor and employment practices;
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(8) knowledge and experience; and
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(9) environmental plan.
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(b) The board 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.
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(c) The board shall establish policies and guidelines, which shall be made available to
the public, regarding the number of points available in each category and the basis for
awarding those points. Status as a social equity applicant must account for at least 20 percent
of the total available points.
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(d) Consistent with the goals identified in subdivision 1, the commissioner 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 commissioner shall utilize a lottery to randomly select license
recipients from among those entities.
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The board shall not issue a license to
an applicant if the premises where the business will operate is located within 1,000 feet of
a school, day care, nursing home, union headquarters, or house of worship, or the Capitol
or Capitol grounds.
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In order to carry out the purposes of this chapter,
the board, upon presenting appropriate credentials to the owner, operator, or agent in charge,
is authorized to enter without delay and at reasonable times any cannabis business; and to
inspect and investigate during regular working hours and at other reasonable times, and
within reasonable limits and in a reasonable manner, any cannabis business and all pertinent
conditions, equipment, records, and materials therein, and to question privately any such
employer, owner, operator, agent, or employee.
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In making inspections and investigations under this chapter
the board shall have the power to administer oaths, certify as to official acts, take and cause
to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses
and production of papers, books, documents, records, and testimony. In case of failure of
any person to comply with any subpoena lawfully issued, or on the refusal of any witness
to produce evidence or to testify to any matter regarding which the person may be lawfully
interrogated, the district court shall, upon application of the board, compel obedience
proceedings for contempt, as in the case of disobedience of the requirements of a subpoena
issued by the court or a refusal to testify therein.
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(a) The board may enter into an agreement
with any community health board, or county or city that has an established delegation
agreement as of January 1, 2014, to delegate all or part of the licensing, inspection, reporting,
and enforcement duties authorized under this chapter.
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(b) A community health board may authorize a city or county within its jurisdiction to
conduct all or part of the licensing, inspection, reporting, and enforcement duties authorized
under this chapter. An agreement to delegate duties to a county or city must be approved
by the board.
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(c) Agreements authorized under this subdivision must:
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(1) be in writing and signed by the delegating authority and the designated agent;
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(2) list criteria the delegating authority will use to determine if the designated agent's
performance meets appropriate standards and is sufficient to replace performance by the
delegating authority; and
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(3) specify minimum staff requirements and qualifications, set procedures for the
assessment of costs, and provide for termination procedures if the delegating authority finds
that the designated agent fails to comply with the agreement.
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(d) A designated agent must not perform licensing, inspection, or enforcement duties
under the agreement in territory outside its jurisdiction unless approved by the governing
body for that territory through a separate agreement.
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(e) The scope of agreements established under this subdivision is limited to duties and
responsibilities agreed upon by the parties. The agreement may provide for automatic
renewal and for notice of intent to terminate by either party.
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(f) During the life of the agreement, the delegating authority shall not perform duties
that the designated agent is required to perform under the agreement, except inspections
necessary to determine compliance with the agreement and this section or as agreed to by
the parties.
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(g) The delegating authority shall consult with, advise, and assist a designated agent in
the performance of its duties under the agreement.
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(h) This subdivision does not alter the responsibility of the delegating authority for the
performance of duties specified in law and does not alter the terms of any other agreement
entered into by the designated agent.
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Subject to rules issued by the board, a representative of
a cannabis business shall be given an opportunity to accompany the board during the physical
inspection of any cannabis business for the purpose of aiding such inspection.
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new text begin
(a) The board may conduct
inspections of any licensed business at any time to assure compliance with the ownership
and operation requirements of this chapter.
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(b) Any person may report a suspected violation of a safety or health standard. If upon
receipt of such notification the board determines that there are reasonable grounds to believe
that such violation or danger exists, the board shall make a special inspection as soon as
practicable to determine if such danger or violation exists.
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(c) The board shall prioritize inspections of cannabis businesses where there are
reasonable grounds to believe that a violation poses imminent danger to the public or
customers.
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new text begin
(d) The board shall promptly inspect cannabis businesses that are the subject of complaint
by a local unit of government.
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(a) The board may issue an
administrative order to any licensed business who the board determines has committed a
violation of this chapter or rules adopted pursuant to this chapter. The administrative order
may require the business to correct the violation or to cease and desist from committing the
violation. The order must state the deficiencies that constitute the violation and the time by
which the violation must be corrected. If the business believes that the information in the
administrative order is in error, the person may ask the board to consider the parts of the
order that are alleged to be in error. The request must be in writing, delivered to the board
by certified mail within seven days after receipt of the order, and provide documentation
to support the allegation of error. The board must respond to a request for reconsideration
within 15 days after receiving the request. A request for reconsideration does not stay the
correction order unless the board issues a supplemental order granting additional time. The
board's disposition of a request for reconsideration is final.
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(b) For each violation of this chapter or rules adopted pursuant to this chapter, the board
may issue to each business a monetary penalty of up to $10,000, an amount that deprives
the business of any economic advantage gained by the violation, or both.
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(c) An administrative penalty may be recovered in a civil action in the name of the state
brought in the district court of the county where the violation is alleged to have occurred
or the district court where the board has an office.
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(d) In addition to penalties listed in this subdivision, a person or business who violates
the provisions of this chapter is subject to any applicable criminal penalty.
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(a) The following data collected, created, or maintained by
the board is classified as private, pursuant to section 13.02, subdivision 9:
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(1) data submitted by an applicant for a cannabis business license, other than the
applicant's name and designated address;
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new text begin
(2) the identity of a complainant who has made a report concerning a license holder or
applicant that appears in inactive complaint data unless the complainant consents to the
disclosure;
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(3) the nature or content of unsubstantiated complaints when the information is not
maintained in anticipation of legal action;
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(4) inactive investigative data relating to violations of statutes or rules; and
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(5) the record of any disciplinary proceeding except as limited by paragraph (b).
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(b) Minutes, application data on license holders except nondesignated addresses, orders
for hearing, findings of fact, conclusions of law, and specification of the final disciplinary
action contained in the record of the disciplinary action are classified as public, pursuant to
section 13.02, subdivision 15. If there is a public hearing concerning the disciplinary action,
the entire record concerning the disciplinary proceeding is public data pursuant to section
13.02, subdivision 15. If the license holder and the board agree to resolve a complaint
without a hearing, the agreement and the specific reasons for the agreement are public data.
new text end
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The board may revoke or not
renew a license when it has cause to believe that a cannabis business has violated an
ownership or operational requirement established in this chapter or rules adopted pursuant
to this chapter. The board shall notify the business in writing, specifying the grounds for
revocation or nonrenewal and fixing a time of at least 20 days thereafter for a hearing on
the matter.
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(a) Before the board revokes or does not renew a
license, the license holder shall be provided with a statement of the complaints made against
the license holder and a hearing shall be held before the board to determine whether the
license should be revoked or renewal should be denied. The license holder shall receive
notice at least 20 days before the date of the hearing and notice may be served either by
certified mail addressed to the address of the license holder as shown in the license
application or in the manner provided by law for the service of a summons. At the time and
place fixed for the hearing, the board, or any official employee or agent of the board
authorized by the board to conduct the hearing, shall receive evidence, administer oaths,
and examine witnesses.
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(b) After the hearing held pursuant to paragraph (a), or upon the failure of the license
holder to appear at the hearing, the board shall take action as is deemed advisable and issue
written findings, which the board shall mail to the license holder. An action of the board
under this paragraph is subject to judicial review pursuant to chapter 14.
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The board may temporarily, without hearing, suspend
the license and operating privilege of any business licensed under this chapter for a period
of up to 90 days if continued operation would threaten the health or safety of any person.
The board may extend the period for an additional 90 days if the board notified the business
that it intends to revoke or not renew a license and the hearing required under subdivision
1 has not taken place.
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(a) No person may hold or receive
a license issued under this chapter, or work for a cannabis business, if the person has been
convicted of, or received a stay of adjudication for, a violation of a state or federal controlled
substance law that is a felony under Minnesota law, or would be a felony if committed in
Minnesota, regardless of the sentence imposed, unless the board determines that the person's
conviction was for the possession or sale of cannabis.
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(b) A person who has been convicted of, or received a stay of adjudication for, a violation
of section 152.023, subdivision 1, clause (3), or a state or federal law in conformity with
that provision, for the sale of cannabis to a person under the age of 18 may hold or receive
a license issued under this chapter, or work for a cannabis business, if 20 years have passed
since the date the person was convicted or adjudication was stayed.
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(c) Except as provided in paragraph (a), (b), or (d), a person who has been convicted of,
or received a stay of adjudication for, a violation of a state or federal law that is a felony
under Minnesota law, or would be a felony if committed in Minnesota, regardless of the
sentence imposed, may hold or receive a license issued under this chapter, or work for a
cannabis business, if five years have passed since discharge of the sentence.
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(d) No license holder or applicant may hold or receive a license issued under this chapter,
or work for a cannabis business, if the person has been convicted of sale of cannabis in the
first degree under section 152.0264, subdivision 1.
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new text begin
(e) A person who has been convicted of sale of cannabis in the second degree under
section 152.0264, subdivision 2, may hold or receive a license issued under this chapter or
work for a cannabis business if ten years have passed since discharge of the sentence.
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(f) A person who has been convicted of sale of cannabis in the third degree under section
152.0264, subdivision 3, may hold or receive a license issued under this chapter or work
for a cannabis business if five years have passed since discharge of the sentence.
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(g) A person who has been convicted of sale of cannabis in the fourth degree under
section 152.0264, subdivision 4, may hold or receive a license issued under this chapter or
work for a cannabis business if one year has passed since discharge of the sentence.
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(h) If the license holder or applicant is a business entity, the disqualifications under this
subdivision apply to every cooperative member or every director, manager, and general
partner of the business entity.
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The board may set aside a disqualification under
subdivision 1 if the board finds that the person has submitted sufficient information to
demonstrate that the person does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter.
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(a) A license holder or applicant must meet each of
the following requirements, if applicable, to hold or receive a license issued under this
chapter:
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(1) be at least 21 years of age;
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(2) have completed an application for licensure or application for renewal;
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(3) have paid the applicable application fee;
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(4) reside in the state;
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(5) 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;
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(6) if the applicant or license holder is a business entity, at least 75 percent of the business
must be owned by Minnesota residents;
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new text begin
(7) not be employed by the board or any state agency with regulatory authority under
this chapter or the rules adopted pursuant to this chapter;
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(8) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph
(c);
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(9) never have had a license previously issued under this chapter revoked;
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(10) have filed any previously required tax returns for a cannabis business;
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(11) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties
due relating to the operation of a cannabis business;
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(12) have fully and truthfully complied with all information requests of the board relating
to license application and renewal;
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(13) not be disqualified under subdivision 1;
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(14) not employ a person who is disqualified from working for a cannabis business under
this chapter; and
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new text begin
(15) meet the ownership and operational requirements for the type of license and, if
applicable, endorsement sought or held.
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new text begin
(b) 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.
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(a) A cannabis business may not employ
a person under 21 years of age.
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new text begin
(b) A cannabis business may not permit a person under 21 years of age to enter the
business premises other than entry into an area that solely dispenses medical cannabis or
medical cannabis products.
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new text begin
(c) A cannabis business may not sell or give cannabis or cannabis products to a person
under 21 years of age unless the person is 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 or medical cannabis products.
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(a) A cannabis business may not permit a person who is not an employee to
consume cannabis or cannabis products within its licensed premises unless the business is
licensed to permit on-site consumption.
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(b) Except as otherwise provided in this subdivision, a cannabis business may not permit
an employee to consume cannabis or cannabis products within its licensed premises or while
the employee is otherwise engaged in activities within the course and scope of employment.
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new text begin
(c) A cannabis business may permit an employee to use medical cannabis and medical
cannabis products if that person is a patient.
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new text begin
(d) For quality control, employees of a licensed business may sample cannabis and
cannabis 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 end
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(a) Except as otherwise provided in this subdivision, a
cannabis business may not permit any person to enter a restricted area unless the cannabis
business records the person's name, time of entry, time of exit, and authorization to enter
the restricted area through use of an electronic or manual entry log and the person:
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(1) is an employee of a cannabis business, the board, or another enforcement agency;
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(2) is a contractor of the cannabis business including but not limited to an electrician, a
plumber, an engineer, or an alarm technician, whose scope of work will not involve the
handling of cannabis or cannabis products and, if the person is working in an area with
immediate access to cannabis or cannabis products, the person is supervised at all times by
an employee; or
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new text begin
(3) has explicit authorization from the board to enter a restricted area and, if the person
is in an area with immediate access to cannabis or cannabis products, the person is supervised
at all times by an employee.
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new text begin
(b) A cannabis business shall ensure that all areas of entry to restricted areas within its
licensed premises are conspicuously marked and cannot be entered without recording the
person's name, time of entry, time of exit, and authorization to enter the restricted area.
new text end
new text begin
A cannabis business must maintain a ventilation
and filtration system sufficient to meet the requirements for odor control established by the
board.
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new text begin
(a) A cannabis business must retain financial records for the current
and prior tax year at the primary business location and must make those records available
for inspection by the board at any time during regular business hours.
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(b) When applicable, a cannabis business must maintain financial records for the previous
ten tax years and must make those records available for inspection within one business day
of receiving a request for inspection by the board.
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(c) The board may require a cannabis business to submit to an audit of its business
records. The board may select or approve the auditor and the cannabis business must provide
the auditor with access to all business records. The cost of the audit must be paid by the
cannabis business.
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A cannabis business shall provide an annual report on the
status of diversity in the business ownership, management, and employment and in services
for which the business contracts.
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(a) A cannabis business must use the
statewide monitoring system for integrated cannabis tracking, inventory, and verification
to track all cannabis and cannabis products in its possession to the point of disposal, transfer,
or sale.
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(b) For the purposes of this subdivision, a cannabis business possesses the cannabis it
cultivates from seed or immature plant, if applicable, or receives from another cannabis
business and possesses the cannabis products it manufactures or receives from another
cannabis business.
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(c) Sale and transfer of cannabis and cannabis products must be recorded in the statewide
monitoring system within the time established by rule.
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(a) A cannabis business must dispose of cannabis
and cannabis products that are damaged, have a broken seal, have been contaminated, or
have not been sold by the expiration date on the label.
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(b) Disposal must be conducted in a manner approved by the board.
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(c) Disposed products must be documented in the statewide monitoring system.
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(d) Any products lost or stolen must be reported to local law enforcement and must be
logged in the statewide monitoring system as soon as the loss is discovered.
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A cannabis business may only sell cannabis or
cannabis products that are approved by the board and that comply with the provisions of
this chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and
labeling of cannabis and cannabis products.
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A cannabis business must maintain and follow a security plan to
deter and prevent the theft or diversion of cannabis or cannabis products, unauthorized entry
into the cannabis business, and the theft of currency.
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(a) Except for the lawful sale of cannabis and cannabis
products in the ordinary course of business and as otherwise provided in this subdivision,
no cannabis business may offer, give, accept, receive, or borrow money or anything else of
value or accept or receive credit from any other cannabis business. This prohibition applies
to offering or receiving a benefit in exchange for preferential placement by a cannabis
retailer, including preferential placement on the cannabis retailer's shelves, display cases,
or website. This prohibition applies to every cooperative member or every director, manager,
and general partner of a cannabis business.
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(b) This prohibition does not apply to merchandising credit in the ordinary course of
business for a period not to exceed 30 days.
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(c) This prohibition does not apply to free samples of useable cannabis or cannabis
products packaged in a sample jar protected by a plastic or metal mesh screen to allow
customers to smell the cannabis or cannabis product before purchase. A sample jar may not
contain more than eight grams of useable cannabis, eight grams of a cannabis concentrate,
or an edible cannabis product infused with 100 milligrams of tetrahydrocannabinol.
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(d) This prohibition does not apply to free samples of cannabis or cannabis products
provided to a cannabis retailer or cannabis wholesaler for the purposes of quality control
and to allow cannabis retailers to determine whether to offer a product for sale. A sample
provided for these purposes may not contain more than eight grams of useable cannabis,
eight grams of a cannabis concentrate, or an edible cannabis product infused with 100
milligrams of tetrahydrocannabinol.
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(e) This prohibition does not apply to any fee charged by a licensed cannabis event
organizer to a cannabis business for participation in a cannabis event.
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(a) A cannabis cultivator license entitles the license
holder to grow cannabis within the approved amount of space from seed or immature plant
to mature plant, harvest cannabis from a mature plant, package and label cannabis for sale
to other cannabis businesses, transport cannabis to a cannabis manufacturer located on the
same premises, and perform other actions approved by the board.
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(b) The board may issue an applicant either of the following types of cultivator licenses:
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(1) a craft cultivator license, which allows cultivation by a license holder of not more
than 10,000 feet of plant canopy; or
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(2) a bulk cultivator license, which allows cultivation by a license holder of not more
than 30,000 feet of plant canopy.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis cultivator license must submit the
following information in a form approved by the board:
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(1) an operating plan demonstrating the proposed size and layout of the cultivation
facility; plans for wastewater and waste disposal for the cultivation facility; plans for
providing electricity, water, and other utilities necessary for the normal operation of the
cultivation facility; and plans for compliance with applicable building code and federal and
state environmental and workplace safety requirements;
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(2) a cultivation plan demonstrating the proposed size and layout of the cultivation
facility that will be used exclusively for cultivation including the total amount of plant
canopy; and
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new text begin
(3) evidence that the business will comply with the applicable operation requirements
for the license being sought.
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(a) A person, cooperative, or business holding a
cannabis cultivator license may also hold a cannabis manufacturing license, medical cannabis
license, a license to grow industrial hemp, and a cannabis event organizer license.
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(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis cultivation center license may own or operate any other cannabis business. This
prohibition does not prevent transportation of cannabis from a cannabis cultivator to a
cannabis manufacturer licensed to the same person, cooperative, or business and located
on the same premises.
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(c) The board by rule may limit the number of cannabis cultivator licenses a person,
cooperative, or business may hold.
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new text begin
(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.
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A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
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(1) holding a direct or indirect economic interest in a cannabis cultivator;
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(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis cultivator; or
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(3) advertising with a cannabis cultivator in any way.
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A cannabis cultivator is prohibited from:
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(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
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(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
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new text begin
A cannabis cultivator must prepare a cultivation
record for each batch of cannabis in the form required by the board and must maintain each
record for at least five years. The cultivation record must include the quantity and timing,
where applicable, of each pesticide, fertilizer, soil amendment, or plant amendment used
to cultivate the batch, as well as any other information required by the board in rule. A
licensed cultivator must present cultivation records to the board, the commissioner of
agriculture, or the commissioner of health upon request.
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A cannabis cultivator is subject to
rules promulgated by the commissioner of agriculture governing the use of pesticides,
fertilizers, soil amendments, plant amendments, and other inputs to cultivate cannabis.
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A cannabis cultivator must prepare, maintain, and execute
an operating plan and a cultivation plan as directed by the board in rule, which must include
but is not limited to the following components:
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(1) water usage;
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(2) recycling;
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(3) solid waste disposal; and
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(4) a pest management protocol that incorporates integrated pest management principles
to control or prevent the introduction of pests to the cultivation site.
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(a) A licensed cultivator must comply with
chapters 18B, 18D, 18E, and any other pesticide laws and rules enforced by the commissioner
of agriculture.
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(b) A licensed cultivator must not apply pesticides when pollinators are present or allow
pesticides to drift to flowering plants that are attractive to pollinators.
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A licensed cultivator must not treat or otherwise
adulterate cannabis with any substance or compound that has the effect or intent of altering
the color, appearance, weight, or smell of the cannabis.
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A licensed cultivator may
cultivate cannabis indoors or outdoors, subject to the security, fencing, lighting, and any
other requirements imposed by the board in rule.
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(a) All cannabis sold or offered for sale by a
cannabis cultivator must be certified as organic under the organic cannabis certification
program established by rule by the commissioner of agriculture.
new text end
new text begin
(b) A person cannot label, advertise, or otherwise represent cannabis or a cannabis
product as organic unless the product is certified under the organic cannabis certification
program established by rule by the commissioner of agriculture.
new text end
new text begin
The commissioner of agriculture must not authorize a release
under chapter 18F and a cannabis cultivator must not cultivate a cannabis plant derived
from genetic engineering, as defined in section 18F.02.
new text end
new text begin
A cannabis manufacturer license, consistent with
the specific license endorsement or endorsements, entitles the license holder to extract
tetrahydrocannabinol and other raw materials from cannabis, concentrate
tetrahydrocannabinol, manufacture products for public consumption, package and label
cannabis products for sale to other cannabis businesses, and perform other actions approved
by the board.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis manufacturer license must submit the
following information in a form approved by the board:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
the manufacturing facility; plans for providing electricity, water, and other utilities necessary
for the normal operation of the manufacturing facility; and plans for compliance with
applicable building code and federal and state environmental and workplace safety
requirements; and
new text end
new text begin
(2) evidence that the business will comply with the applicable operation requirements
for the endorsement being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis manufacturer license may also hold a cannabis cultivator license, a medical cannabis
license, and a cannabis event organizer license.
new text end
new text begin
(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. This
prohibition does not prevent transportation of cannabis from a cannabis cultivator to a
cannabis manufacturer licensed to the same person, cooperative, or business and located
on the same premises.
new text end
new text begin
(c) The board by rule may limit the number of cannabis manufacturer licenses a person
or business may hold.
new text end
new text begin
(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 end
new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
new text end
new text begin
(1) holding a direct or indirect economic interest in a cannabis manufacturer;
new text end
new text begin
(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis manufacturer; or
new text end
new text begin
(3) advertising with a cannabis manufacturer in any way.
new text end
new text begin
A cannabis manufacturer is prohibited from:
new text end
new text begin
(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
new text end
new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
new text end
new text begin
(a) Cannabis manufacturing must take
place in an enclosed, locked facility that is used exclusively for the manufacture of cannabis
products except that a business that also holds a cannabis cultivator license may operate in
a facility that shares general office space, bathrooms, entryways, and walkways.
new text end
new text begin
(b) Cannabis manufacturing must take place on equipment that is used exclusively for
the manufacture of cannabis products.
new text end
new text begin
(c) A cannabis manufacturer must comply with all applicable packaging, labeling, and
health and safety requirements.
new text end
new text begin
(a) A cannabis manufacturer that extracts and
concentrates tetrahydrocannabinol and other raw materials from cannabis must obtain an
endorsement from the board.
new text end
new text begin
(b) A cannabis manufacturer must inform the board of all methods of extraction and
concentration it intends to use and identify the volatile chemicals, if any, that will be involved
in extraction or concentration. A cannabis manufacturer may not use a method of extraction
and concentration or a volatile chemical without approval by the board.
new text end
new text begin
(c) A cannabis manufacturer must obtain a certification from an independent third-party
industrial hygienist or professional engineer approving:
new text end
new text begin
(1) all electrical, gas, fire suppression, and exhaust systems; and
new text end
new text begin
(2) the plan for safe storage and disposal of hazardous substances including but not
limited to any volatile chemicals.
new text end
new text begin
(d) Upon sale of extracted or concentrated tetrahydrocannabinol or other raw materials
to any person, cooperative, or business, a cannabis manufacturer must provide a statement
that discloses the method of extraction and concentration used and any solvents or gasses,
including but not limited to any volatile chemicals, involved in that method.
new text end
new text begin
(a) A cannabis manufacturer that produces
edible cannabis products must obtain an endorsement under section 28A.30.
new text end
new text begin
(b) A cannabis manufacturer that produces cannabis products other than edible products
must obtain an endorsement from the board.
new text end
new text begin
(c) All areas within the licensed premises of a cannabis manufacturer producing cannabis
products must meet the sanitary standards specified in rules adopted by the board.
new text end
new text begin
(d) A cannabis manufacturer may only add chemicals or compounds approved by the
board to concentrates and extracts.
new text end
new text begin
(e) Upon sale of any cannabis products to a cannabis business, a cannabis manufacturer
must provide a statement that discloses the product's ingredients, including but not limited
to any chemicals or compounds.
new text end
new text begin
(f) A cannabis manufacturer shall not add any cannabis, extract, or concentrate to a
product where the manufacturer of the product holds a trademark to the product's name;
except that a cannabis products manufacturer may use a trademarked food product if the
manufacturer uses the product as a component or as part of a recipe and where the cannabis
manufacturer does not state or advertise to the customer that the final retail cannabis product
contains a trademarked food product.
new text end
new text begin
A cannabis retailer license entitles the license holder
to sell immature cannabis plants and seedlings, adult-use cannabis, adult-use cannabis
products, and other products authorized by law to customers and perform other actions
approved by the board.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis retail license must submit the following
information in a form approved by the board:
new text end
new text begin
(1) a list of every retail license held by the applicant and, if the applicant is a business,
every retail license held, either as an individual or as part of another business, by each
officer, director, manager, and general partner of the cannabis business;
new text end
new text begin
(2) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems; policies to avoid sales to persons who are
under 21 years of age; identification of a restricted area for storage; and plans to prevent
visibility of cannabis and cannabis products to individuals outside the retail location; and
new text end
new text begin
(3) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis retailer license may also hold a cannabis delivery service license, a medical cannabis
license, and a cannabis event organizer license.
new text end
new text begin
(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.
new text end
new text begin
(c) No person, cooperative, or business may hold a license to own or operate more than
one cannabis retail business in one city or county.
new text end
new text begin
(d) The board by rule may limit the number of cannabis retailer licenses a person,
cooperative, or business may hold.
new text end
new text begin
(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 end
new text begin
A city or county may establish, own,
and operate a municipal cannabis store subject to the restrictions in this chapter.
new text end
new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
new text end
new text begin
(1) holding a direct or indirect economic interest in a cannabis retailer;
new text end
new text begin
(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis retailer; or
new text end
new text begin
(3) advertising with a cannabis retailer in any way.
new text end
new text begin
A cannabis retailer is prohibited from:
new text end
new text begin
(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
new text end
new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
new text end
new text begin
(a) A cannabis retailer may
only sell immature cannabis plants and seedlings, adult-use cannabis, and adult-use cannabis
products to persons who are at least 21 years of age.
new text end
new text begin
(b) A cannabis retailer may sell immature cannabis plants and seedlings, adult-use
cannabis, and adult-use cannabis products that:
new text end
new text begin
(1) are obtained from a licensed Minnesota cannabis cultivator, cannabis manufacturer,
cannabis microbusiness, or cannabis wholesaler; and
new text end
new text begin
(2) meet all applicable packaging and labeling requirements.
new text end
new text begin
(c) A cannabis retailer may sell up to 1.5 ounces of adult-use cannabis, eight grams of
adult-use cannabis concentrate, and edible cannabis products infused with 800 milligrams
of tetrahydrocannabinol during a single transaction to a customer.
new text end
new text begin
(d) Products infused with tetrahydrocannabinol may not include more than a total of
100 milligrams of tetrahydrocannabinol per package. A package may contain multiple
servings of ten milligrams of tetrahydrocannabinol provided each serving is indicated by
scoring, wrapping, or other indicators designating the individual serving size.
new text end
new text begin
(a) A cannabis retailer may sell cannabis paraphernalia
including but not limited to childproof packaging containers and other devices designed to
ensure safe storage and monitoring of cannabis and cannabis products in the home to prevent
access by persons under 21 years of age.
new text end
new text begin
(b) A cannabis retailer may sell the following products that do not contain cannabis or
tetrahydrocannabinol:
new text end
new text begin
(1) drinks that do not contain alcohol and are packaged in sealed containers labeled for
retail sale;
new text end
new text begin
(2) books and videos on the cultivation and use of cannabis and cannabis products;
new text end
new text begin
(3) magazines and other publications published primarily for information and education
on cannabis and cannabis products;
new text end
new text begin
(4) multiple-use bags designed to carry purchased items;
new text end
new text begin
(5) clothing marked with the specific name, brand, or identifying logo of the cannabis
retailer; and
new text end
new text begin
(6) hemp products.
new text end
new text begin
(a) Prior to initiating a sale, an employee of the cannabis
retailer must verify that the customer is at least 21 years of age.
new text end
new text begin
(b) Proof of age may be established only by one of the following:
new text end
new text begin
(1) a valid driver's license or identification card issued by Minnesota, another state, or
a province of Canada, and including the photograph and date of birth of the licensed person;
new text end
new text begin
(2) a valid tribal identification card as defined in section 171.072, paragraph (b);
new text end
new text begin
(3) a valid passport issued by the United States;
new text end
new text begin
(4) a valid instructional permit issued under section 171.05 to a person of legal age to
purchase adult-use cannabis or adult-use cannabis products, which includes a photograph
and the date of birth of the person issued the permit; or
new text end
new text begin
(5) in the case of a foreign national, by a valid passport.
new text end
new text begin
(c) A cannabis retailer may seize a form of identification listed under paragraph (b) if
the cannabis retailer has reasonable grounds to believe that the form of identification has
been altered or falsified or is being used to violate any law. A cannabis retailer that seizes
a form of identification as authorized under this paragraph must deliver it to a law
enforcement agency within 24 hours of seizing it.
new text end
new text begin
(a) A cannabis retailer must
designate a retail area where customers are permitted. The retail area shall include the portion
of the premises where samples of cannabis and cannabis products available for sale are
displayed. All other cannabis and cannabis products must be stored in the secure storage
area.
new text end
new text begin
(b) A cannabis retailer may display one sample of each type of cannabis or cannabis
product available for sale. Samples of cannabis and 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 cannabis and cannabis
products sold to customers. A sample may not consist of more than eight grams of useable
cannabis 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 cannabis or cannabis product before purchase.
new text end
new text begin
(c) A cannabis retailer may not sell cannabis or cannabis products used as a sample for
display.
new text end
new text begin
A cannabis retailer must post all notices as required by the
board including but not limited to the following:
new text end
new text begin
(1) information about any product recall;
new text end
new text begin
(2) a statement that operating a motor vehicle under the influence of cannabis is illegal;
and
new text end
new text begin
(3) a statement that cannabis and cannabis products are only intended for consumption
by persons who are at least 21 years of age.
new text end
new text begin
(a) Except as provided by paragraph (b), a cannabis retailer
may not sell cannabis or cannabis products between 2:00 a.m. and 8:00 a.m. on the days of
Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday.
new text end
new text begin
(b) A city or county may adopt an ordinance to permit sales between 2:00 a.m. and 8:00
a.m. on the days of Monday through Saturday, or between 2:00 a.m. and 10:00 a.m. on
Sunday.
new text end
new text begin
(a) A cannabis retailer shall maintain compliance with
state and local building, fire, and zoning requirements or regulations.
new text end
new text begin
(b) A cannabis retailer shall ensure that the licensed premises is maintained in a clean
and sanitary condition, free from infestation by insects, rodents, or other pests.
new text end
new text begin
A cannabis retailer shall maintain compliance with security
requirements established by the board including but not limited to requirements for
maintaining video surveillance records, use of specific locking mechanisms, establishment
of secure entries, and the number of employees working at all times.
new text end
new text begin
A cannabis retailer must keep all lighting outside and inside the
dispensary in good working order and wattage sufficient for security cameras.
new text end
new text begin
Cannabis retailers may only accept cannabis deliveries into a
limited access area. Deliveries may not be accepted through the public access areas unless
otherwise approved by the board.
new text end
new text begin
A cannabis retailer shall not:
new text end
new text begin
(1) sell cannabis or cannabis products to a person who is visibly intoxicated;
new text end
new text begin
(2) knowingly sell more cannabis or cannabis products than a customer is legally
permitted to possess;
new text end
new text begin
(3) give away immature cannabis plants or seedlings, cannabis, or cannabis products;
new text end
new text begin
(4) operate a drive-through window;
new text end
new text begin
(5) allow for the dispensing of cannabis or cannabis products in vending machines; or
new text end
new text begin
(6) sell cannabis or cannabis products if the cannabis retailer knows that any required
security or statewide monitoring systems are not operational.
new text end
new text begin
(a) A licensed cannabis retailer
that is also a licensed medical cannabis business may sell medical cannabis and medical
cannabis products on a portion of its premises.
new text end
new text begin
(b) The portion of the premises in which medical cannabis and medical cannabis products
are sold must be definite and distinct from all other areas of the cannabis retailer, must be
accessed through a distinct entrance, and must provide an appropriate space for a pharmacist
employee of the medical cannabis business to consult with the patient to determine the
proper type of medical cannabis or medical cannabis product and proper dosage for the
patient.
new text end
new text begin
A cannabis wholesaler license entitles the license
holder to purchase immature cannabis plants and seedlings, cannabis, cannabis products,
hemp, and hemp products from cannabis cultivators, cannabis manufacturers, cannabis
microbusinesses, and industrial hemp growers; sell immature cannabis plants and seedlings,
cannabis, cannabis products, hemp, and hemp products to cannabis manufacturers and
cannabis retailers; and perform other actions approved by the board.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis wholesaler license must submit the
following information in a form approved by the board:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems and policies to avoid sales to unlicensed
businesses; and
new text end
new text begin
(2) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis wholesaler license may also hold a cannabis transporter license, a cannabis delivery
service license, and a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis wholesaler license may own or operate any other cannabis business.
new text end
new text begin
(c) The board by rule may limit the number of cannabis wholesaler licenses a person or
business may hold.
new text end
new text begin
(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 end
new text begin
A cannabis wholesaler must assure that cannabis
and cannabis products are physically separated from industrial hemp and hemp products in
a manner that prevents any cross contamination.
new text end
new text begin
A cannabis wholesaler must maintain accurate records
and assure that appropriate labels remain affixed to cannabis, cannabis products, industrial
hemp, and hemp products.
new text end
new text begin
(a) A cannabis wholesaler shall maintain compliance
with state and local building, fire, and zoning requirements or regulations.
new text end
new text begin
(b) A cannabis wholesaler shall ensure that the licensed premises is maintained in a
clean and sanitary condition, free from infestation by insects, rodents, or other pests.
new text end
new text begin
A cannabis wholesaler may purchase and sell cannabis
paraphernalia including but not limited to childproof packaging containers and other devices
designed to ensure safe storage and monitoring of cannabis and cannabis products in the
home to prevent access by persons under 21 years of age.
new text end
new text begin
A cannabis transporter license entitles the license
holder to transport immature cannabis plants and seedlings, cannabis, cannabis products,
hemp, and hemp products from cannabis cultivators, cannabis manufacturers, cannabis
wholesalers, cannabis microbusinesses, medical cannabis businesses, and industrial hemp
growers to cannabis manufacturers, cannabis testing facilities, cannabis wholesalers, cannabis
retailers, and medical cannabis businesses, and perform other actions approved by the board.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis transporter license must submit the
following information in a form approved by the board:
new text end
new text begin
(1) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer,
or other securities or agreements, in the amount of not less than $300,000, for loss of or
damage to cargo;
new text end
new text begin
(2) an appropriate surety bond, certificate of insurance, qualifications as a self-insurer,
or other securities or agreements, in the amount of not less than $1,000,000, for injury to
one or more persons in any one accident and, if an accident has resulted in injury to or
destruction of property, of not less than $100,000 because of such injury to or destruction
of property of others in any one accident;
new text end
new text begin
(3) the number and type of equipment the business will use to transport cannabis and
cannabis products;
new text end
new text begin
(4) a loading, transporting, and unloading plan;
new text end
new text begin
(5) a description of the applicant's experience in the distribution or security business;
and
new text end
new text begin
(6) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis transporter license may also hold a cannabis wholesaler license, a cannabis delivery
service license, and a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis wholesaler license may own or operate any other cannabis business.
new text end
new text begin
(c) The board by rule may limit the number of cannabis transporter licenses a person or
business may hold.
new text end
new text begin
(d) For purposes of this subdivision, restrictions on the number or type of license a
business may hold apply to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
All vehicles used by a cannabis transporter must be
fully electric.
new text end
new text begin
Before transporting cannabis plants and seedlings, cannabis,
or cannabis products, a cannabis transporter shall obtain a shipping manifest on a form
established by the board. The manifest must be kept with the products at all times and the
cannabis transporter must maintain a copy of the manifest in its records.
new text end
new text begin
Records of transportation must be kept for a
minimum of three years at the cannabis transporter's place of business and are subject to
inspection upon request by the board or law enforcement agency. Records of transportation
include the following:
new text end
new text begin
(1) copies of transportation manifests for all deliveries;
new text end
new text begin
(2) a transportation log documenting the chain of custody for each delivery, including
every employee and vehicle used during transportation; and
new text end
new text begin
(3) financial records showing payment for transportation services.
new text end
new text begin
Cannabis plants and seedlings, cannabis, and cannabis
products must be transported in a locked, safe, and secure storage compartment that is part
of the motor vehicle or in a locked storage container that has a separate key or combination
pad. Cannabis plants and seedlings, cannabis, and cannabis products may not be visible
from outside the motor vehicle.
new text end
new text begin
No vehicle or trailer may
contain an image depicting cannabis or cannabis products or a name suggesting that the
vehicle is used in transporting cannabis plants and seedlings, cannabis, or cannabis products.
new text end
new text begin
A cannabis transporter shall ensure that all delivery
times and routes are randomized.
new text end
new text begin
All cannabis transporter vehicles transporting cannabis
plants and seedlings, cannabis, or cannabis products must be staffed with a minimum of
two employees. At least one delivery team member shall remain with the motor vehicle at
all times that the motor vehicle contains cannabis plants and seedlings, cannabis, or cannabis
products.
new text end
new text begin
Only an employee of the cannabis
transporter who is at least 21 years of age may transport cannabis plants and seedlings,
cannabis, or cannabis products. All passengers in a vehicle must be employees of the cannabis
transporter.
new text end
new text begin
All drivers must carry a valid Minnesota driver's
license with the proper endorsements when operating a vehicle transporting cannabis plants
and seedlings, cannabis, or cannabis products.
new text end
new text begin
Any vehicle assigned for the purposes of
transporting cannabis plants and seedlings, cannabis, or cannabis products is subject to
inspection and may be stopped or inspected at any licensed cannabis business or while en
route during transportation.
new text end
new text begin
A cannabis testing facility license entitles the license
holder to obtain and test immature cannabis plants and seedlings, cannabis, cannabis products,
hemp, and hemp products from cannabis cultivators, cannabis manufacturers, cannabis
microbusinesses, medical cannabis businesses, and industrial hemp growers.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis testing facility license must submit
the following information in a form approved by the board:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems and policies to avoid sales to unlicensed
businesses;
new text end
new text begin
(2) proof of accreditation by a laboratory accrediting organization approved by the board;
and
new text end
new text begin
(3) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis testing facility license may not own or operate, or be employed by, any other
cannabis business.
new text end
new text begin
(b) The board by rule may limit the number of cannabis testing facility licenses a person
or business may hold.
new text end
new text begin
(c) For purposes of this subdivision, a restriction on the number of licenses a business
may hold applies to every cooperative member or every director, manager, and general
partner of a cannabis business.
new text end
new text begin
A cannabis testing facility shall provide some or all
testing services required under section 342.60 and rules adopted pursuant to that section.
new text end
new text begin
A cannabis testing facility shall follow all testing protocols,
standards, and criteria adopted by rule by the board for the testing of different forms of
cannabis and cannabis products; determining batch size; sampling; testing validity; and
approval and disapproval of tested cannabis and cannabis products.
new text end
new text begin
Records of all business transactions and testing results; records
required to be maintained pursuant to any applicable standards for accreditation; and records
relevant to testing protocols, standards, and criteria adopted by the board must be kept for
a minimum of three years at the cannabis testing facility's place of business and are subject
to inspection upon request by the board or law enforcement agency.
new text end
new text begin
A testing facility shall dispose
of or destroy used, unused, and waste cannabis and cannabis products pursuant to rules
adopted by the board.
new text end
new text begin
A cannabis microbusiness license, consistent with
the specific license endorsement or endorsements, entitles the license holder to perform any
or all of the following:
new text end
new text begin
(1) grow cannabis from seed or immature plant to mature plant, harvest cannabis from
a mature plant, package, and label cannabis for sale to other cannabis businesses;
new text end
new text begin
(2) extract tetrahydrocannabinol and other raw materials from cannabis, and concentrate
tetrahydrocannabinol;
new text end
new text begin
(3) manufacture edible cannabis products for public consumption;
new text end
new text begin
(4) purchase concentrated tetrahydrocannabinol from a cannabis manufacturer or cannabis
wholesaler for use in manufacturing edible cannabis products;
new text end
new text begin
(5) sell immature cannabis plants and seedlings, adult-use cannabis, adult-use cannabis
products, and other products authorized by law to customers;
new text end
new text begin
(6) operate an establishment that permits on-site consumption of edible cannabis products;
and
new text end
new text begin
(7) perform other actions approved by the board.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis microbusiness license must submit
the following information in a form approved by the board:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
any cultivation or manufacturing activities; plans for providing electricity, water, and other
utilities necessary for the normal operation of any cultivation or manufacturing activities;
plans for compliance with applicable building code and federal and state environmental and
workplace safety requirements and policies; and plans to avoid sales to unlicensed businesses
and individuals under 21 years of age;
new text end
new text begin
(2) if the applicant is seeking an endorsement to cultivate cannabis, a cultivation plan
demonstrating the proposed size and layout of the cultivation facility that will be used
exclusively for cultivation including the total amount of plant canopy;
new text end
new text begin
(3) if the applicant is seeking an endorsement to extract and concentrate
tetrahydrocannabinol and other raw materials from cannabis, information identifying all
methods of extraction and concentration it intends to use and the volatile chemicals, if any,
that will be involved in extraction or concentration;
new text end
new text begin
(4) if the applicant is seeking an endorsement to manufacture edible cannabis products
for public consumption, proof of an endorsement under section 28A.30; and
new text end
new text begin
(5) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis microbusiness license may also hold a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis microbusiness license may own or operate any other cannabis business.
new text end
new text begin
(c) The board by rule may limit the number of cannabis microbusiness licenses a person
or business may hold.
new text end
new text begin
(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 end
new text begin
(a) A cannabis microbusiness that cultivates
cannabis must comply with the requirements in section 342.23.
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(b) A cannabis microbusiness that cultivates cannabis may cultivate not more than 2,000
square feet of plant canopy.
new text end
new text begin
A cannabis microbusiness that
extracts and concentrates tetrahydrocannabinol and other raw materials from cannabis must
comply with the requirements in section 342.25, subdivisions 1 and 2.
new text end
new text begin
A cannabis microbusiness
that manufacturers edible cannabis products must comply with the requirements in section
342.25, subdivisions 1 and 3.
new text end
new text begin
A cannabis microbusiness that operates a
retail location must comply with the requirements in section 342.27.
new text end
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(a) A cannabis microbusiness may permit
on-site consumption of edible cannabis products on a portion of its premises.
new text end
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(b) The portion of the premises in which on-site consumption is permitted must be
definite and distinct from all other areas of the microbusiness and must be accessed through
a distinct entrance.
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(c) Edible cannabis products sold for on-site consumption must comply with the
provisions of this chapter and rules adopted pursuant to this chapter regarding the testing,
packaging, and labeling of cannabis and cannabis products.
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(d) Edible cannabis products sold for on-site consumption may be removed from their
packaging and consumed on site.
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(e) Food and beverages not otherwise prohibited by this subdivision may be prepared
and sold on site provided the cannabis microbusiness complies with all relevant state and
local laws, ordinances, licensing requirements, and zoning requirements.
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(f) A cannabis microbusiness shall ensure that the display and consumption of any edible
cannabis product is not visible from outside of the licensed premises of the business.
new text end
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(g) A cannabis microbusiness may offer recorded or live entertainment provided the
cannabis microbusiness complies with all relevant state and local laws, ordinances, licensing
requirements, and zoning requirements.
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(h) A cannabis microbusiness may not:
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(1) sell edible cannabis products to a person who is under 21 years of age;
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(2) permit a person who is under 21 years of age to enter the premises;
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(3) sell more than one single serving of an edible cannabis product to a customer;
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(4) sell an edible cannabis product to a person who is visibly intoxicated;
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(5) sell or allow the sale or consumption of alcohol or tobacco on the premises;
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(6) sell food or drink, other than packaged and labeled edible cannabis products, infused
with cannabis or tetrahydrocannabinol;
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(7) permit edible cannabis products sold in the portion of the area designated for on-site
consumption to be removed from that area;
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(8) permit adult-use cannabis, adult-use cannabis products, or tobacco to be consumed
through smoking or a vaporized delivery method on the premises; or
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(9) distribute or allow free samples of cannabis or cannabis products.
new text end
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A cannabis event organizer license entitles the
license holder to organize a temporary cannabis event lasting no more than four days.
new text end
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(a) In addition to the information required
to be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that
section, a person, cooperative, or business seeking a cannabis event organizer license must
submit the following information in a form approved by the board:
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(1) the type and number of any other cannabis business license held by the applicant;
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(2) the address and location where the temporary cannabis event will take place;
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(3) the name of the temporary cannabis event;
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(4) a diagram of the physical layout of the temporary cannabis event showing where the
event will take place on the grounds, all entrances and exits that will be used by participants
during the event, all cannabis consumption areas, all cannabis retail areas where cannabis
and cannabis products will be sold, the location where cannabis waste will be stored, and
any location where cannabis and cannabis products will be stored;
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(5) a list of the name, number, and type of cannabis businesses that will sell cannabis
and cannabis products at the event, which may be supplemented or amended within 72 hours
of the time at which the cannabis event begins;
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(6) the dates and hours during which the cannabis event will take place;
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(7) proof of local approval for the cannabis event; and
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(8) evidence that the business will comply with the applicable operation requirements
for the license being sought.
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(b) A person, cooperative, or business seeking a cannabis event organizer license may
also disclose whether the person or any officer, director, manager, and general partner of a
cannabis business is serving or has previously served in the military.
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(a) A person, cooperative, or business holding a
cannabis event organizer license may not hold a cannabis testing facility license.
new text end
new text begin
(b) The board by rule may limit the number of cannabis event licenses a person or
business may hold.
new text end
new text begin
(c) For purposes of this subdivision, restrictions on the number or type of license a
business may hold apply to every cooperative member or every director, manager, and
general partner of a cannabis business.
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new text begin
A cannabis event organizer must receive local approval,
including obtaining any necessary permits or licenses issued by a local unit of government,
before holding a cannabis event.
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(a) A cannabis event organizer may charge an entrance fee to
a cannabis event.
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(b) A cannabis event organizer may charge a fee to a cannabis business in exchange for
space to display and sell cannabis and cannabis products. Any fee paid for participation in
a cannabis event shall not be based on or tied to the sale of cannabis or cannabis products.
new text end
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A cannabis event organizer must hire or contract for licensed security
personnel to provide security services at the cannabis event. All security personnel hired or
contracted for shall be at least 21 years of age and present on the licensed event premises
at all times cannabis products are available for sale or consumption of adult-use cannabis
or adult-use cannabis products is allowed. The security personnel shall not consume cannabis
or cannabis products before or during the event.
new text end
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A cannabis event organizer shall ensure that access
to an event is limited to persons who are at least 21 years of age. At or near each public
entrance to any area where the sale or consumption of cannabis or cannabis products is
allowed a cannabis event organizer shall maintain a clearly visible and legible sign consisting
of the following statement: No persons under 21 allowed. The lettering of the sign shall be
not less than one inch in height.
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A cannabis event organizer shall ensure that all cannabis and
cannabis products are disposed of in a manner approved by the board.
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All transportation of
cannabis and cannabis products intended for display or sale and all cannabis and cannabis
products used for display or not sold during the cannabis event must be transported to and
from the cannabis event by a licensed cannabis transporter.
new text end
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(a) Licensed cannabis retailers and licensed cannabis
microbusinesses with an endorsement to sell cannabis and cannabis products to customers,
including the cannabis event organizer, may sell cannabis and cannabis products to customers
at a cannabis event.
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(b) All sales of cannabis and cannabis products at a cannabis event must take place in
a retail area as designated in the premises diagram.
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(c) Licensed cannabis retailers and licensed cannabis microbusinesses may only conduct
sales within their specifically assigned area.
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new text begin
(d) Licensed cannabis retailers and licensed cannabis microbusinesses must verify the
age of all customers pursuant to section 342.27, subdivision 3, before completing a sale and
may not sell cannabis or cannabis products to a person under 21 years of age.
new text end
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(e) Licensed cannabis retailers and licensed cannabis microbusinesses may display one
sample of each type of cannabis or cannabis product available for sale. Samples of cannabis
and 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 cannabis and cannabis products sold to customers. A sample may not
consist of more than eight grams of useable cannabis 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 cannabis or cannabis product before
purchase.
new text end
new text begin
(f) The notice requirements under section 342.27, subdivision 5, apply to licensed
cannabis retailers and licensed cannabis microbusinesses offering cannabis or cannabis
products for sale at a cannabis event.
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new text begin
(g) Licensed cannabis retailers and licensed cannabis microbusinesses may not:
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(1) sell cannabis or cannabis products to a person who is visibly intoxicated;
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new text begin
(2) knowingly sell more cannabis or cannabis products than a customer is legally
permitted to possess;
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(3) give away immature cannabis plants or seedlings, cannabis, or cannabis products;
or
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(4) allow for the dispensing of cannabis or cannabis products in vending machines.
new text end
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(h) Except for samples of cannabis and cannabis products, all cannabis and cannabis
products for sale at a cannabis event must be stored in a secure, locked container that is not
accessible to the public. Cannabis and cannabis products being stored at a cannabis event
shall not be left unattended.
new text end
new text begin
(i) All cannabis and cannabis products for sale at a cannabis event must comply with
the provisions of this chapter and rules adopted pursuant to this chapter regarding the testing,
packaging, and labeling of cannabis and cannabis products.
new text end
new text begin
(j) All cannabis and cannabis products sold, damaged, or destroyed at a cannabis event
must be recorded in the statewide monitoring system.
new text end
new text begin
(a) If approved by the local unit of
government, a cannabis event may designate an area for consumption of adult-use cannabis,
adult-use cannabis products, or both.
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new text begin
(b) Access to areas where consumption of adult-use cannabis or adult-use cannabis
products is allowed shall be restricted to persons who are at least 21 years of age.
new text end
new text begin
(c) The cannabis event organizer shall ensure that consumption of adult-use cannabis
or adult-use cannabis products within a designated consumption area is not visible from
any public place.
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(d) The cannabis event organizer shall not permit consumption of alcohol or tobacco.
new text end
new text begin
A cannabis delivery service license entitles the
license holder to obtain purchased cannabis and cannabis products from licensed cannabis
retailers, licensed cannabis microbusinesses with an endorsement to sell cannabis and
cannabis products to customers, and medical cannabis businesses; transport and deliver
cannabis and cannabis products to customers; and perform other actions approved by the
board.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis delivery service license must submit
the following information in a form approved by the board:
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new text begin
(1) a list of all vehicles to be used in the delivery of cannabis and cannabis products
including:
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(i) the vehicle make, model, and color;
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(ii) the vehicle identification number; and
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(iii) the license plate number;
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(2) proof of insurance on each vehicle;
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new text begin
(3) a business plan demonstrating policies to avoid sales to persons who are under 21
years of age and plans to prevent visibility of cannabis and cannabis products to individuals
outside the delivery vehicle; and
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new text begin
(4) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(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, and a cannabis event organizer license
subject to the ownership limitations that apply to those licenses.
new text end
new text begin
(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.
new text end
new text begin
(c) The board by rule may limit the number of cannabis delivery service licenses a person
or business may hold.
new text end
new text begin
(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 end
new text begin
Prior to completing delivery, a cannabis delivery service
shall verify that the customer is at least 21 years of age. The provisions of section 342.27,
subdivision 3, apply to the verification of a customer's age.
new text end
new text begin
The board by rule shall establish record-keeping requirements for a
cannabis delivery service including but not limited to proof of delivery to persons who are
at least 21 years of age.
new text end
new text begin
The board by rule shall establish limits on the
amount of cannabis and cannabis products a cannabis delivery service may transport.
new text end
new text begin
Receipt of cannabis and cannabis products by
the cannabis delivery service and delivery to a customer must be recorded in the statewide
monitoring system within the time established by rule.
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new text begin
Cannabis and cannabis products must be transported
in a locked, safe, and secure storage compartment that is part of the motor vehicle or in a
locked storage container that has a separate key or combination pad. Cannabis and cannabis
products may not be visible from outside the delivery vehicle.
new text end
new text begin
No vehicle or trailer may
contain an image depicting cannabis or cannabis products or a name suggesting that the
vehicle is used in transporting cannabis or cannabis products.
new text end
new text begin
All cannabis delivery service vehicles transporting cannabis
or cannabis products must be staffed with a minimum of two employees. At least one delivery
team member shall remain with the motor vehicle at all times that the motor vehicle contains
cannabis or cannabis products.
new text end
new text begin
Only an employee of the cannabis
delivery service who is at least 21 years of age may transport cannabis plants and seedlings,
cannabis, or cannabis products. All passengers in a vehicle must be employees of the cannabis
delivery service.
new text end
new text begin
Any cannabis delivery service vehicle is subject
to inspection and may be stopped or inspected at any licensed cannabis business or while
en route during transportation.
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new text begin
A medical cannabis business license, consistent
with the specific license endorsement or endorsements, entitles the holder to perform any
or all of the following:
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new text begin
(1) grow cannabis from seed or immature plant to mature plant, harvest cannabis from
a mature plant, package cannabis, and label cannabis as medical cannabis for sale to other
cannabis businesses;
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new text begin
(2) extract tetrahydrocannabinol and other raw materials from cannabis and concentrate
tetrahydrocannabinol for use in the manufacturing of medical cannabis products;
new text end
new text begin
(3) manufacture medical cannabis products infused with tetrahydrocannabinol for patients
enrolled in the registry program;
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new text begin
(4) purchase concentrated tetrahydrocannabinol from a cannabis manufacturer or cannabis
wholesaler for use in manufacturing medical cannabis products infused with
tetrahydrocannabinol for patients enrolled in the registry program;
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new text begin
(5) sell medical cannabis, medical cannabis products, and other products authorized by
law to patients, registered designated caregivers, and other persons authorized to obtain and
possess medical cannabis; cannabis wholesalers; and medical cannabis businesses; and
new text end
new text begin
(6) perform other actions approved by the board.
new text end
new text begin
In addition to the information required to
be submitted under section 342.15, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a medical cannabis business license must submit
the following information in a form approved by the board:
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new text begin
(1) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
any cultivation or manufacturing activities; plans for providing electricity, water, and other
utilities necessary for the normal operation of any cultivation or manufacturing activities;
plans for compliance with applicable building code and federal and state environmental and
workplace safety requirements and policies; and plans to avoid sales to unlicensed businesses
and individuals who are not patients enrolled in the registry program;
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new text begin
(2) if the applicant is seeking an endorsement to cultivate cannabis, a cultivation plan
demonstrating the proposed size and layout of the cultivation facility that will be used
exclusively for cultivation including the total amount of plant canopy;
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new text begin
(3) if the applicant is seeking an endorsement to extract and concentrate
tetrahydrocannabinol and other raw materials from cannabis, information identifying all
methods of extraction and concentration it intends to use and the volatile chemicals, if any,
that will be involved in extraction or concentration;
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new text begin
(4) if the applicant is seeking an endorsement to manufacture products infused with
tetrahydrocannabinol for consumption by patients enrolled in the registry program, proof
of an endorsement under section 28A.30; and
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new text begin
(5) evidence that the business will comply with the applicable operation requirements
for the license being sought.
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new text begin
(a) A person, cooperative, or business holding a
medical cannabis business license may also hold a cannabis cultivator license, a cannabis
manufacturer license, a cannabis retailer license, and a cannabis event organizer license
subject to the ownership limitations that apply to those licenses.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
medical cannabis license may own or operate any other cannabis business.
new text end
new text begin
(c) The board by rule may limit the number of medical cannabis business licenses a
person or business may hold.
new text end
new text begin
(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 medical cannabis business.
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new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
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(1) holding a direct or indirect economic interest in a medical cannabis business;
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(2) serving on a board of directors or as an employee of a medical cannabis business;
or
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(3) advertising with a medical cannabis business in any way.
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A medical cannabis business is prohibited from:
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(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
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new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
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new text begin
(a) A medical cannabis business that cultivates
cannabis must comply with the requirements in section 342.23.
new text end
new text begin
A medical cannabis business
that extracts and concentrates tetrahydrocannabinol and other raw materials from cannabis
must comply with the requirements in section 342.25, subdivisions 1 and 2.
new text end
new text begin
A medical cannabis business
that produces edible cannabis products must comply with the requirements in section 342.25,
subdivisions 1 and 3.
new text end
new text begin
A medical cannabis business that operates a
retail location must comply with the requirements in sections 342.27 and 342.51.
new text end
new text begin
(a) A licensed cannabis retailer
that is also a licensed medical cannabis business may sell medical cannabis and medical
cannabis products on a portion of its premises.
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new text begin
(b) The portion of the premises in which medical cannabis and medical cannabis products
are sold must be definite and distinct from all other areas of the cannabis retailer, must be
accessed through a distinct entrance, and must provide an appropriate space for a pharmacist
employee of the medical cannabis business to consult with the patient to determine the
proper type of medical cannabis or medical cannabis product and proper dosage for the
patient.
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new text begin
(a)
A legacy medical cannabis manufacturer may apply to the board for licensure under this
chapter within a time period specified by the board. Notwithstanding any provision to the
contrary in this chapter, a legacy medical cannabis manufacturer may obtain:
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new text begin
(1) a cannabis cultivator license, if the legacy medical cannabis manufacturer also obtains
a medical cannabis business license and commits to cultivating an adequate supply of
medical cannabis for a period of time specified by the board;
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new text begin
(2) a cannabis manufacturer license, if the legacy medical cannabis manufacturer also
obtains a medical cannabis business license and commits to manufacturing an adequate
supply of medical cannabis products for a period of time specified by the board; and
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new text begin
(3) a cannabis retailer license, if the legacy medical cannabis manufacturer also obtains
a medical cannabis business license and commits to offering for sale medical cannabis and
medical cannabis products for a period of time specified by the board, within the limits of
available supply.
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new text begin
(b) For purposes of this section, "adequate supply" means a cultivation, manufacturing,
or inventory level of medical cannabis or medical cannabis products needed to meet the
demand of patients enrolled in the registry program.
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new text begin
(c) A legacy medical cannabis manufacturer shall not hold a cannabis business license
not listed in paragraph (a).
new text end
new text begin
(d) The board may by rule limit the number of cannabis cultivator, cannabis manufacturer,
cannabis retailer, and medical cannabis business licenses a legacy medical cannabis
manufacturer may hold.
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new text begin
(e) For purposes of this subdivision, a restriction on the number or type of licenses a
legacy medical cannabis manufacturer may hold applies to every director, manager, and
general partner of a legacy medical cannabis manufacturer.
new text end
new text begin
A legacy medical cannabis
manufacturer that wishes to be licensed under this chapter must apply for licensure according
to the procedures in section 342.15. A legacy medical cannabis manufacturer is exempt
from the ownership requirements in section 342.20, subdivision 3, paragraph (a), clause
(6). A legacy medical cannabis manufacturer must comply with the limitations in section
342.40, subdivision 4, regarding ownership or governance by or employment of a health
care practitioner who certifies qualifying medical conditions for patients.
new text end
new text begin
If
there is an inadequate supply of medical cannabis or medical cannabis products in the state,
a legacy medical cannabis manufacturer holding a medical cannabis business license and
a cannabis cultivator, cannabis manufacturer, or cannabis retailer license must prioritize the
cultivation of medical cannabis, manufacture of medical cannabis products, and retail sale
of medical cannabis and medical cannabis products, as applicable based on the licenses held
by the legacy medical cannabis manufacturer.
new text end
new text begin
A medical cannabis business whose license is held by a legacy
medical cannabis manufacturer must comply with the energy use standards established by
the board within five years after licensure by the board. A cannabis cultivator, cannabis
manufacturer, or cannabis retailer whose license is held by a legacy medical cannabis
manufacturer must comply with the energy use standards established by the board upon
licensure by the board.
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The Office of Medical Cannabis shall administer the
medical cannabis registry program.
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new text begin
(a) A patient seeking to enroll in the
registry program shall submit to the Office of Medical Cannabis an application established
by the Office of Medical Cannabis and a copy of the certification specified in paragraph
(b). The patient must provide at least the following information in the application:
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(1) the patient's name, mailing address, and date of birth;
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new text begin
(2) the name, mailing address, and telephone number of the patient's health care
practitioner;
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new text begin
(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 caregiver;
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(4) a disclosure signed by the patient that includes:
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(i) a statement that, notwithstanding any law to the contrary, the Office of Medical
Cannabis, the board, or an employee of the office or the board 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 scope of office or employment under sections 342.50
to 342.59; and
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new text begin
(ii) the patient's acknowledgment that enrollment in the registry program is conditional
on the patient's agreement to meet all other requirements of sections 342.50 to 342.59; and
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(5) all other information required by the Office of Medical Cannabis.
new text end
new text begin
(b) As part of the application under this subdivision, a patient must submit a copy of the
certification from the patient's health care practitioner that is dated within 90 days prior to
submission of the application. In the certification, the patient's health care practitioner must
certify that the patient has been diagnosed with a qualifying medical condition and, if
applicable, that in the health care practitioner's medical opinion, the patient is
developmentally or physically disabled and, as a result of the disability, the patient requires
assistance in administering medical cannabis or medical cannabis products or in obtaining
medical cannabis or medical cannabis products from a cannabis retailer or medical cannabis
business.
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new text begin
A patient who is also a veteran and is
seeking to enroll in the registry program shall submit to the Office of Medical Cannabis an
application established by the Office of Medical Cannabis according to subdivision 2 and
a copy of a United States Department of Veterans Affairs disability letter or other official
documentation from the United States Department of Veterans Affairs. The disability letter
or other official documentation must specify that the veteran has been diagnosed with a
qualifying medical condition and, if applicable, that the veteran requires assistance in
administering medical cannabis or medical cannabis products or in obtaining medical
cannabis or medical cannabis products from a cannabis retailer or medical cannabis business.
new text end
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(a) Within 30 days after receipt
of an application and certification or other documentation of diagnosis with a qualifying
medical condition, the Office of Medical Cannabis shall approve or deny a patient's
enrollment in the registry program. If the Office of Medical Cannabis approves a patient's
enrollment in the registry program, the office shall provide notice to the patient and to the
patient's health care practitioner.
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(b) A patient's enrollment in the registry program shall only be denied if the patient:
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new text begin
(1) does not submit a certification from a health care practitioner or documentation from
the United States Department of Veterans Affairs that the patient has been diagnosed with
a qualifying medical condition;
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(2) has not signed the disclosure required in subdivision 2;
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(3) does not provide the information required by the Office of Medical Cannabis;
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(4) has previously been removed from the registry program;
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(5) provided false information on the application; or
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(6) 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 or medical cannabis
products.
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new text begin
(c) If the Office of Medical Cannabis denies a patient's enrollment in the registry program,
the Office of Medical Cannabis shall 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 board and is subject to judicial review under chapter 14.
new text end
new text begin
(d) A patient's enrollment in the registry program may be revoked only upon the death
of the patient, if the patient does not comply with subdivision 6, or if the patient intentionally
sells or diverts medical cannabis or medical cannabis products in violation of this chapter.
new text end
new text begin
When a patient is enrolled in the registry program, the
Office of Medical Cannabis shall assign the patient a patient registry number and shall issue
the patient and the patient's registered designated caregiver, parent, legal guardian, or spouse,
if applicable, a registry verification. The Office of Medical Cannabis shall also make the
registry verification available to cannabis retailers and medical cannabis businesses. The
registry verification must include:
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(1) the patient's name and date of birth;
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(2) the patient registry number assigned to the patient; and
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new text begin
(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 caregiver.
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new text begin
As conditions of continued enrollment,
a patient must:
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new text begin
(1) continue to receive regularly scheduled treatment for the patient's qualifying medical
condition from the patient's health care practitioner or, if the patient is a veteran and receives
care from the United States Department of Veterans Affairs, from a health care provider
with the United States Department of Veterans Affairs; and
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new text begin
(2) report changes in the patient's qualifying medical condition to the patient's health
care practitioner or, if the patient is a veteran and receives care from the United States
Department of Veterans Affairs, to a health care provider with the United States Department
of Veterans Affairs.
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new text begin
Enrollment in the registry program is valid for one year.
To re-enroll, a patient must submit the information required in subdivision 2, and a patient
who is also a veteran must submit the information required in subdivision 3.
new text end
new text begin
A patient may administer
medical cannabis by smoking or by a vaporized delivery method.
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new text begin
(a) The Office of Medical Cannabis shall
register a designated caregiver for a patient upon receipt of:
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new text begin
(1) certification from the patient's health care practitioner that the patient is
developmentally or physically disabled and, as a result of that disability, requires assistance
in administering medical cannabis or medical cannabis products or in obtaining medical
cannabis or medical cannabis products from a cannabis retailer or medical cannabis business;
or
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new text begin
(2) documentation from the United States Department of Veterans Affairs that the veteran
requires assistance in administering medical cannabis or medical cannabis products or in
obtaining medical cannabis or medical cannabis products from a cannabis retailer or medical
cannabis business.
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(b) In order to serve as a designated caregiver, a person must:
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(1) be at least 18 years of age;
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(2) agree to only possess the patient's medical cannabis and medical cannabis products
for purposes of assisting the patient; and
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(3) agree that if the application is approved, the person will not serve as a registered
designated caregiver for more than one patient, unless the patients reside in the same
residence.
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(c) The Office of Medical Cannabis shall conduct a criminal background check on the
person applying to serve as a designated caregiver prior to registration to ensure that the
person is not disqualified for a criminal offense according to section 342.20, subdivision 1.
Any cost for the background check must be paid by the person seeking to register as a
designated caregiver. A registered designated caregiver must have the criminal background
check renewed every two years.
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(d) Nothing in sections 342.50 to 342.59 shall be construed to prevent a registered
designated caregiver from also being enrolled in the registry program as a patient and
possessing and administering medical cannabis and medical cannabis products as a patient.
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A parent, legal guardian, or spouse of a
patient may act as the caregiver for a patient without having to register as a designated
caregiver. The parent, legal guardian, or spouse who is acting as a caregiver must follow
all requirements for parents, legal guardians, and spouses under sections 342.50 to 342.59.
Nothing in sections 342.50 to 342.59 limits any legal authority a parent, legal guardian, or
spouse may have for the patient under any other law.
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Patients and registered designated
caregivers must notify the Office of Medical Cannabis 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.
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A cannabis retailer or medical cannabis business may distribute
medical cannabis, medical cannabis products, and medical cannabis paraphernalia. Prior to
distribution of medical cannabis, a cannabis retailer or medical cannabis business must:
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(1) verify the patient's registry verification;
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(2) verify that the person requesting distribution of medical cannabis or medical cannabis
products is the patient, the patient's registered designated caregiver, or the patient's parent,
legal guardian, or spouse, using the procedures specified in section 152.11, subdivision 2d;
and
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(3) ensure that a pharmacist employee of the cannabis retailer or medical cannabis
business has consulted with the patient according to subdivision 2.
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new text begin
A cannabis retailer or medical cannabis business employee who is licensed as a
pharmacist shall be the only employee who may give final approval for the distribution of
medical cannabis and medical cannabis products. Prior to distribution of medical cannabis
and medical cannabis products, a pharmacist employee of the cannabis retailer or medical
cannabis business must consult with the patient to determine the proper type of medical
cannabis or medical cannabis product and proper dosage for the patient, after reviewing the
range of chemical compositions of medical cannabis and medical cannabis products, and
the range of proper dosages reported by the Office of Medical Cannabis. For purposes of
this subdivision, a consultation may be conducted remotely using a videoconference as long
as:
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(1) the pharmacist engaging in the consultation is able to confirm the identity of the
patient;
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(2) the consultation occurs while the patient is at the cannabis retailer or medical cannabis
business; and
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(3) the consultation adheres to patient privacy requirements that apply to health care
services delivered through telemedicine.
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new text begin
A cannabis retailer or medical cannabis business shall not
distribute more than a 90-day supply of medical cannabis and medical cannabis 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.
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A cannabis retailer or medical cannabis business shall, on a monthly
basis, report to the Office of Medical Cannabis the following information for each patient
for the preceding month:
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(1) the amounts, dosages, and chemical compositions of medical cannabis and medical
cannabis products distributed; and
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(2) the tracking numbers assigned to medical cannabis and medical cannabis products
distributed.
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The board may add
an allowable form of medical cannabis and medical cannabis products, and may add or
modify a qualifying medical condition upon the board's own initiative, upon a petition from
a member of the public or the task force on medical cannabis therapeutic research, or as
directed by law. The board shall evaluate all petitions and shall make the addition or
modification if the board determines that the addition or modification is warranted by the
best available evidence and research. If the board wishes to add an allowable form or add
or modify a qualifying medical condition, the board must notify the chairs and ranking
minority members of the legislative policy committees with jurisdiction over health and
public safety by January 15 of the year in which the change becomes effective. In this
notification, the board must specify the proposed addition or modification and the reasons
for the addition or modification and must include any written comments received by the
board from the public about the addition or modification and any guidance received from
the task force on medical cannabis therapeutic research. An addition or modification by the
board under this subdivision shall become effective on August 1 of that year unless the
legislature by law provides otherwise.
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The board may adopt rules to implement sections 342.50 to
342.59.
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The Office of Medical
Cannabis shall:
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(1) provide notice of the registry program to health care practitioners in the state;
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(2) allow health care practitioners to participate in the registry program if they request
to participate and meet the program's requirements;
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(3) provide explanatory information and assistance to health care practitioners to
understand the nature of the therapeutic use of medical cannabis and medical cannabis
products within program requirements;
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(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
certifies whether a patient, in the health care practitioner's professional opinion, is
developmentally or physically disabled and, as a result of the disability, requires assistance
in administering medical cannabis or medical cannabis products or in obtaining medical
cannabis or medical cannabis products from a cannabis retailer or medical cannabis business;
and
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(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.
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The Office of Medical Cannabis shall:
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(1) administer the registry program according to section 342.50;
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new text begin
(2) provide information to patients enrolled in the registry program on the existence of
federally approved clinical trials for treatment of the patient's qualifying medical condition
with medical cannabis or medical cannabis products, as an alternative to enrollment in the
registry program;
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(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 or a medical cannabis product that would constitute negligence or
professional malpractice;
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(4) review and publicly report existing medical and scientific literature regarding the
range of recommended dosages for each qualifying medical condition, the range of chemical
compositions of medical cannabis 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 of each year. The office may consult with an independent
laboratory under contract with the office or other experts in reporting and updating this
information; and
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(5) annually consult with cannabis businesses about the medical cannabis and medical
cannabis products cultivated, manufactured, and offered for sale and post on the office's
website a list of the medical cannabis and medical cannabis products offered for sale by
each cannabis retailer or medical cannabis business.
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(a) The Office of Medical Cannabis shall conduct or contract with
a third party to conduct research and studies using data from health records submitted to
the registry program under section 342.54 and data submitted to the registry program under
section 342.51, subdivision 4. If the office contracts with a third party for research and
studies, the third party must provide the office with access to all research and study results.
The office must submit reports on intermediate or final research results to the legislature
and major scientific journals. All data used by the office or a third party under this subdivision
may 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.
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new text begin
(b) The Office of Medical Cannabis may submit medical research based on the data
collected under sections 342.51, subdivision 4, and 342.54, to any federal agency with
regulatory or enforcement authority over medical cannabis to demonstrate the effectiveness
of medical cannabis for treating or alleviating the symptoms of a qualifying medical
condition.
new text end
new text begin
The Office of Medical Cannabis shall provide regular updates to the
task force on medical cannabis therapeutic research and to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services,
public safety, judiciary, and civil law regarding:
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new text begin
(1) any changes in federal law or regulatory restrictions regarding the use of medical
cannabis or hemp; and
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(2) the market demand and supply in this state for products made from hemp that can
be used for medicinal purposes.
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new text begin
Prior
to a patient's enrollment in the registry program, a health care practitioner shall:
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(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;
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(2) determine whether a patient is developmentally or physically disabled and, as a result
of that disability, requires assistance in administering medical cannabis or medical cannabis
products or in obtaining medical cannabis or medical cannabis products from a cannabis
retailer or medical cannabis business and if so determined, include that determination on
the patient's certification of diagnosis;
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new text begin
(3) advise patients, registered designated caregivers, and parents, legal guardians, and
spouses acting as caregivers of any nonprofit patient support groups or organizations;
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(4) provide to patients explanatory information from the Office of Medical Cannabis,
including information about the experimental nature of the therapeutic use of medical
cannabis; the possible risks, benefits, and side effects of the proposed treatment; and the
application and other materials from the office;
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new text begin
(5) provide to patients a Tennessen warning as required under section 13.04, subdivision
2; and
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new text begin
(6) agree to continue treatment of the patient's qualifying medical condition and to report
findings to the Office of Medical Cannabis.
new text end
new text begin
Upon notification
from the Office of Medical Cannabis of the patient's enrollment in the registry program a
health care practitioner shall:
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new text begin
(1) participate in the patient registry reporting system under the guidance and supervision
of the Office of Medical Cannabis;
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new text begin
(2) report to the Office of Medical Cannabis patient health records throughout the patient's
ongoing treatment in a manner determined by the office and in accordance with subdivision
4;
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new text begin
(3) determine on a yearly basis 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 telemedicine, as defined in
section 62A.671, subdivision 9; and
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new text begin
(4) otherwise comply with requirements established by the board and the Office of
Medical Cannabis.
new text end
new text begin
Nothing in this section requires a health care
practitioner to participate in the registry program.
new text end
new text begin
Data on patients collected by a health care practitioner and reported to
the registry program 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
342.53 or in the creation of summary data, as defined in section 13.02, subdivision 19.
new text end
new text begin
(a) A 23-member task force on medical cannabis
therapeutic research is created to conduct an impact assessment of medical cannabis
therapeutic research. The task force shall consist of the following members:
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new text begin
(1) two members of the house of representatives, one selected by the speaker of the
house and one selected by the minority leader;
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new text begin
(2) two members of the senate, one selected by the majority leader and one selected by
the minority leader;
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new text begin
(3) four members representing patients enrolled in the registry program, including at
least two parents of patients under age 18;
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(4) four members representing health care providers, including one licensed pharmacist;
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(5) four members representing law enforcement, one from the Minnesota Chiefs of
Police Association, one from the Minnesota Sheriff's Association, one from the Minnesota
Police and Peace Officers Association, and one from the Minnesota County Attorneys
Association;
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(6) four members representing substance use disorder treatment providers; and
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(7) the commissioners of health, human services, and public safety.
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(b) Task force members listed under paragraph (a), clauses (3), (4), (5), and (6), shall
be appointed by the governor using the appointment process in section 15.0597. Members
shall serve on the task force at the pleasure of the appointing authority.
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(c) There shall be two cochairs of the task force chosen from the members listed under
paragraph (a). One cochair shall be selected by the speaker of the house and one cochair
shall be selected by the majority leader of the senate. The authority to convene meetings
shall alternate between cochairs.
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(d) Members of the task force other than those listed in paragraph (a), clauses (1), (2),
and (7), shall receive reimbursement for expenses according to section 15.059, subdivision
6.
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The board shall provide administrative and technical support
to the task force.
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new text begin
The task force shall hold hearings to evaluate the impact
of the use of medical cannabis, medical cannabis products, and hemp and Minnesota's
activities involving medical cannabis, medical cannabis products, and hemp, including but
not limited to:
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(1) program design and implementation;
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(2) the impact on the health care provider community;
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(3) patient experiences;
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(4) the impact on the incidence of substance use disorders;
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(5) access to and the quality of medical cannabis, medical cannabis products, and hemp;
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(6) the impact on law enforcement and prosecutions;
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(7) public awareness and perception; and
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(8) any unintended consequences.
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By February 15 of each odd-numbered year, the
cochairs of the task force shall submit a complete impact assessment report to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
and human services, public safety, judiciary, and civil law. The task force may make
recommendations or submit petitions to the legislature or to the board on whether to add or
remove conditions from the list of qualifying medical conditions.
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new text begin
Notwithstanding section 15.059, subdivision 6, the task force
on medical cannabis therapeutic research does not expire.
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new text begin
Nothing in
sections 342.50 to 342.59 permits any person to engage in, and does not prevent the
imposition of any civil, criminal, or other penalties for:
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(1) undertaking a task under the influence of medical cannabis or medical cannabis
products that would constitute negligence or professional malpractice;
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(2) possessing or consuming medical cannabis or medical cannabis products:
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(i) on a school bus or van;
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(ii) in a correctional facility; or
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(iii) on the grounds of a child care facility or family or group family day care program;
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(3) vaporizing medical cannabis or medical cannabis products:
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(i) on any form of public transportation;
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(ii) where the vapor would be inhaled by a nonpatient minor; or
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(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
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(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 or a medical cannabis product.
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new text begin
An elementary or secondary
school pupil or a child participating or enrolled in a prekindergarten program is permitted
to possess medical cannabis and medical cannabis products, have medical cannabis and
medical cannabis products stored, and self-administer medical cannabis and medical cannabis
products or have medical cannabis and medical cannabis products administered, on the
grounds of a prekindergarten program, elementary school, or secondary school if:
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(1) the child or pupil is enrolled as a patient in the registry program;
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(2) the possession, storage, and administration occur in compliance with all applicable
policies or guidelines adopted by the school board;
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(3) the pupil or the child's or pupil's parent submits to the school, a form developed by
the board and completed by the child's or pupil's health care practitioner and by a pharmacist
employed by the cannabis retailer or medical cannabis business that distributes the child's
or pupil's medical cannabis or medical cannabis products. The form must specify the child's
or pupil's qualifying medical condition, the dosage of medical cannabis or medical cannabis
product, the frequency with which the medical cannabis or medical cannabis product must
be administered, circumstances that warrant administration, and other relevant information;
and
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(4) the medical cannabis or medical cannabis product is administered or self-administered
in a manner that does not disrupt the educational environment or expose other children or
pupils to medical cannabis or medical cannabis products.
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(b) Only a pupil who is age 18 or older is permitted to self-administer medical cannabis
or medical cannabis products under this subdivision.
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new text begin
(c) The school board may adopt policies or guidelines establishing reasonable parameters
for the storage and administration of medical cannabis and medical cannabis products under
this subdivision, but shall not unreasonably limit a child's or pupil's access to or use of
medical cannabis or medical cannabis products.
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new text begin
(d) A school may designate specific locations on school grounds where medical cannabis
and medical cannabis products may be administered or self-administered.
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new text begin
(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; 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, may adopt reasonable
restrictions on the use of medical cannabis and medical cannabis 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 will not store or maintain
a patient's supply of medical cannabis or medical cannabis products, that the facility is not
responsible for providing medical cannabis or medical cannabis products for patients, and
that medical cannabis and medical cannabis products may be used only in a location specified
by the facility or provider.
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(b) 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 possession of
medical cannabis or medical cannabis products while carrying out employment duties,
including providing or supervising care to a patient enrolled in the registry program, or
distribution of medical cannabis or medical cannabis 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. Nothing in this subdivision
shall require facilities and providers listed in this subdivision to adopt such restrictions, and
no facility or provider listed in this subdivision shall unreasonably limit a patient's access
to or use of medical cannabis or medical cannabis products to the extent that such use is
authorized under sections 342.50 to 342.59.
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There is a presumption that a patient enrolled in the registry
program is engaged in the authorized use of medical cannabis and medical cannabis products.
This presumption may be rebutted by evidence that the patient's use of medical cannabis or
medical cannabis products was not for the purpose of treating or alleviating the patient's
qualifying medical condition or symptoms associated with the patient's qualifying medical
condition.
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new text begin
(a) Subject to section 342.56, the following
are not violations of this chapter or chapter 152:
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new text begin
(1) use or possession of medical cannabis, medical cannabis products, or medical cannabis
paraphernalia by a patient enrolled in the registry program;
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new text begin
(2) possession of medical cannabis, medical cannabis products, or medical cannabis
paraphernalia by a registered designated caregiver or a parent, legal guardian, or spouse of
a patient enrolled in the registry program; or
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new text begin
(3) possession of medical cannabis, medical cannabis products, or medical cannabis
paraphernalia by any person while carrying out duties required under sections 342.50 to
342.59.
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new text begin
(b) Board members, board employees, agents or contractors of the board, and health
care practitioners participating in the registry program are not subject to any civil penalties
or disciplinary action by the Board of Medical Practice, the Board of Nursing, or any
business, occupational, or professional licensing board or entity solely for participating in
the registry program. A pharmacist licensed under chapter 151 is not subject to any civil
penalties or disciplinary action by the Board of Pharmacy when acting in accordance with
sections 342.50 to 342.59. Nothing in this section prohibits a professional licensing board
from taking action in response to a violation of law.
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(c) Notwithstanding any law to the contrary, a board member, the governor, or an
employee of a state agency shall not be held civilly or criminally liable for any injury, loss
of property, personal injury, or death caused by any act or omission while acting within the
scope of office or employment under sections 342.50 to 342.59.
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(d) Federal, state, and local law enforcement authorities are prohibited from accessing
the registry except when acting pursuant to a valid search warrant. Notwithstanding section
13.09, a violation of this paragraph is a gross misdemeanor.
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new text begin
(e) Notwithstanding any law to the contrary, board members and public employees shall
not release data or information about an individual contained in any report or document or
in the registry, and shall not release data or information obtained about a patient enrolled
in the registry program, except as provided in sections 342.50 to 342.59. Notwithstanding
section 13.09, a violation of this paragraph is a gross misdemeanor.
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new text begin
(f) No information contained in a report or document, contained in the registry, or
obtained from a patient under sections 342.50 to 342.59 may be admitted as evidence in a
criminal proceeding, unless:
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new text begin
(1) the information is independently obtained; or
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new text begin
(2) admission of the information is sought in a criminal proceeding involving a criminal
violation of sections 342.50 to 342.59.
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new text begin
(g) An attorney shall not be subject to disciplinary action by the Minnesota Supreme
Court or professional responsibility board for providing legal assistance to prospective or
licensed medical cannabis businesses or others for activities that do not violate this chapter
or chapter 152.
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new text begin
(h) Possession of a registry verification or an application for enrollment in the registry
program:
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new text begin
(1) does not constitute probable cause or reasonable suspicion;
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new text begin
(2) shall not be used to support a search of the person or property of the person with a
registry verification or applying to enroll in the registry program; and
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new text begin
(3) shall not subject the person or the property of the person to inspection by any
government agency.
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new text begin
(a) No school may refuse to enroll a
patient as a pupil or otherwise penalize a patient solely because the patient is enrolled in
the registry program, unless failing to do so would violate federal law or regulations or
cause the school to lose a monetary or licensing-related benefit under federal law or
regulations.
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new text begin
(b) No landlord may refuse to lease to a patient or otherwise penalize a patient solely
because the patient is enrolled in the registry program, unless failing to do so would violate
federal law or regulations or cause the landlord to lose a monetary or licensing-related
benefit under federal law or regulations.
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new text begin
For purposes of medical care, including organ transplants, a
patient's use of medical cannabis or medical cannabis products according to sections 342.50
to 342.59 is considered the equivalent of the authorized use of a medication used at the
discretion of a health care practitioner and does disqualify a patient from needed medical
care.
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new text begin
(a) Unless a failure to do so would violate federal or state law
or regulations or cause an employer to lose a monetary or licensing-related benefit under
federal law or regulations, an employer may not discriminate against a person in hiring,
termination, or any term or condition of employment, or otherwise penalize a person, if the
discrimination is based upon:
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(1) the person's status as a patient enrolled in the registry program; or
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(2) a patient's positive drug test for cannabis components or metabolites, unless the
patient used, possessed, sold, transported, or was impaired by medical cannabis or a medical
cannabis product on work premises; during working hours; or while operating an employer's
machinery, vehicle, or equipment.
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new text begin
(b) An employee who is a patient and whose employer requires the employee to undergo
drug testing according to section 181.953 may present the employee's registry verification
as part of the employee's explanation under section 181.953, subdivision 6.
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new text begin
A person shall not be denied custody of
a minor child or visitation rights or parenting time with a minor child based solely on the
person's status as a patient enrolled in the registry program. There shall be no presumption
of neglect or child endangerment for conduct allowed under sections 342.50 to 342.59,
unless the person's behavior creates an unreasonable danger to the safety of the minor as
established by clear and convincing evidence.
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new text begin
A health care practitioner who knowingly refers patients to a cannabis retailer or medical
cannabis business or to a designated caregiver, who advertises as a medical cannabis business,
or who issues certifications while holding a financial interest in a cannabis retailer or medical
cannabis business is guilty of a misdemeanor and may be sentenced to imprisonment for
not more than 90 days or to payment of not more than $1,000, or both.
new text end
new text begin
Patient health records maintained by the board or
the Office of Medical Cannabis, and government data in patient health records maintained
by a health care practitioner, are classified as private data on individuals, as defined in
section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02, subdivision
9.
new text end
new text begin
Data specified in subdivision 1 may be used
to comply with chapter 13, to comply with a request from the legislative auditor or the state
auditor in the performance of official duties, and for purposes specified in sections 342.50
to 342.59. Data specified in subdivision 1 and maintained by the board or Office of Medical
Cannabis shall not be used for any purpose not specified in sections 342.50 to 342.59, and
shall not be combined or linked in any manner with any other list, dataset, or database.
new text end
new text begin
The Office of Medical Cannabis may conduct, or award grants to health care providers
or research organizations to conduct, clinical trials on the safety and efficacy of using
medical cannabis and medical cannabis products to treat a specific health condition. A health
care provider or research organization receiving a grant under this section must provide the
office with access to all data collected in a clinical trial funded under this section. The board
may use data from clinical trials conducted or funded under this section as evidence to
approve additional qualifying medical conditions or additional allowable forms of medical
cannabis.
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new text begin
A cannabis business shall not sell or offer for sale
cannabis or cannabis products to another cannabis business or to a customer or patient, or
otherwise transfer cannabis or cannabis products to another cannabis business, unless a
representative sample of the batch of cannabis or batch of cannabis product has been tested
according to this section and rules adopted under this chapter by a cannabis testing facility
licensed under this chapter, and found to meet testing standards established by the board.
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(a) The board shall by rule
establish procedures governing the sampling, handling, testing, storage, and transportation
of cannabis and cannabis products tested under this section; the contaminants for which
cannabis and cannabis products must be tested; standards for potency and homogeneity
testing; and procedures applicable to cannabis businesses and cannabis testing facilities
regarding cannabis and cannabis products that fail to meet the standards for allowable levels
of contaminants established by the commissioner of health, that fail to meet the potency
limits in this chapter, or that do not conform with the content of the cannabinoid profile
listed on the label.
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(b) All testing required under this section must be performed in a manner that is consistent
with general requirements for testing and calibration activities.
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new text begin
The commissioner of
health shall by rule establish standards for allowable levels of contaminants in cannabis,
cannabis products, and growing media. Contaminants for which the commissioner must
establish allowable levels must include but are not limited to residual solvents, foreign
material, microbiological contaminants, heavy metals, pesticide residue, mold, and
mycotoxins.
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new text begin
On a schedule determined by the board, every cannabis
cultivator, cannabis manufacturer, cannabis microbusiness, or medical cannabis business
shall make each batch of cannabis or cannabis product grown or manufactured by the
cannabis cultivator, cannabis manufacturer, cannabis microbusiness, or medical cannabis
business available to a cannabis testing facility. The cannabis testing facility shall select
one or more representative samples from each batch, test the samples for the presence of
contaminants, and test the samples for potency and homogeneity and to allow the cannabis
or cannabis product to be accurately labeled with its cannabinoid profile. Testing for
contaminants must include testing for residual solvents, foreign material, microbiological
contaminants, heavy metals, pesticide residue, mold, and mycotoxins, and may include
testing for other contaminants. A cannabis testing facility must destroy or return to the
cannabis cultivator, cannabis manufacturer, cannabis microbusiness, or medical cannabis
business any part of the sample that remains after testing.
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(a) If a sample meets the applicable testing standards, the cannabis
testing facility shall issue a certification to the cannabis cultivator, cannabis manufacturer,
cannabis microbusiness, or medical cannabis business, and the cannabis cultivator, cannabis
manufacturer, cannabis microbusiness, or medical cannabis business may then sell or transfer
the batch of cannabis or cannabis product from which the sample was taken to another
cannabis business or offer the cannabis or cannabis product for sale to customers or patients.
If a sample does not meet the applicable testing standards, the batch from which the sample
was taken shall be subject to procedures established by the board for such batches, including
destruction, remediation, or retesting. A cannabis cultivator, cannabis manufacturer, cannabis
microbusiness, or medical cannabis business must maintain the test results for cannabis and
cannabis products grown or manufactured by that cannabis cultivator, cannabis manufacturer,
cannabis microbusiness, or medical cannabis business for at least five years after the date
of testing.
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(b) A cannabis cultivator, cannabis manufacturer, cannabis microbusiness, or medical
cannabis business shall make test results maintained by that cannabis cultivator, cannabis
manufacturer, cannabis microbusiness, or medical cannabis business available for review
by any member of the public, upon request. Test results made available to the public must
be in plain language.
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All cannabis, cannabis products, and hemp-derived consumable
or topical products sold to customers or patients must be packaged as required by this section
and rules adopted under this chapter.
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(a) All cannabis, cannabis products, and hemp-derived
consumable or topical products sold to customers or patients must be:
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(1) prepackaged in packaging or a container that is plain, child-resistant, tamper-evident,
and opaque; or
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(2) placed in packaging or a container that is plain, child-resistant, tamper-evident, and
opaque at the final point of sale to a customer.
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(b) If a cannabis product or hemp-derived consumable or topical product is packaged
in a manner that indicates serving sizes, the product must be packaged in one or more easily
identifiable single-serving portions.
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(c) If a cannabis product or hemp-derived consumable or topical product is an edible
product for human consumption intended for more than a single use or containing multiple
servings, the product must be prepackaged or placed at the final point of sale in packaging
or a container that is resealable.
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(a) Cannabis, cannabis products, or hemp-derived
consumable or topical products sold to customers or patients must not be packaged in a
manner that:
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(1) bears a reasonable resemblance to any commercially available product; or
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(2) is designed to appeal to persons under age 21.
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(b) Packaging for cannabis, cannabis products, and hemp-derived consumable or topical
products must not contain or be coated with any perfluoroalkyl substance.
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All cannabis, cannabis products, and hemp-derived consumable
or topical products sold to customers or patients must be labeled as required by this section
and rules adopted under this chapter.
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All cannabis sold to customers or patients must
have affixed on the packaging or container of the cannabis a label that contains at least the
following information:
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(1) the name and license number of the cannabis cultivator, cannabis microbusiness, or
medical cannabis business where the cannabis was cultivated;
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(2) the net weight or volume of cannabis in the package or container;
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(3) batch number;
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(4) cannabinoid profile;
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(5) a universal symbol established by the board indicating that the package or container
contains cannabis or a cannabis product;
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(6) verification that the cannabis was tested according to section 342.60 and that the
cannabis complies with the applicable standards;
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(7) the following statement: "Keep this product out of reach of children."; and
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(8) any other statements or information required by the board.
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All cannabis products sold to customers
or patients must have affixed to the packaging or container of the cannabis product a label
that contains at least the following information:
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(1) the name and license number of the cannabis cultivator, cannabis microbusiness, or
medical cannabis business that cultivated the cannabis in the cannabis product;
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(2) the name and license number of the cannabis manufacturer, cannabis microbusiness,
or medical cannabis business that manufactured the cannabis product;
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(3) the net weight or volume of the cannabis product in the package or container;
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(4) the type of cannabis product;
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(5) batch number;
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(6) serving size;
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(7) cannabinoid profile per serving and in total;
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(8) a list of ingredients;
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(9) a universal symbol established by the board indicating that the package or container
contains cannabis or a cannabis product;
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(10) verification that the cannabis product was tested according to section 342.60 and
that the cannabis product complies with the applicable standards;
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(11) the following statement: "Keep this product out of reach of children."; and
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(12) any other statements or information required by the board.
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In addition to the applicable requirements for labeling under subdivision 2 or 3,
all medical cannabis and medical cannabis products must include at least the following
information on the label affixed to the packaging or container of the medical cannabis or
medical cannabis product:
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(1) the patient's name and date of birth;
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(2) 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, legal guardian, or spouse, if
applicable; and
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(3) the patient's registry identification number.
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In addition
to any labeling requirements established by the Board of Pharmacy, all hemp-derived
consumable or topical products sold to customers must have affixed to the packaging or
container of the product a label that contains at least the following information:
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(1) manufacturer name, location, phone number, and website;
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(2) name and address of the testing laboratory used by the manufacturer to test the
product;
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(3) net weight or volume of the product in the package or container;
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(4) type of consumable or topical product;
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(5) serving size, if the product is an edible product intended for human consumption;
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(6) amount or percentage of cannabidiol or any other cannabinoid, derivative, or extract
of hemp, per serving and in total;
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(7) list of ingredients;
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(8) a statement that the product does not claim to diagnose, treat, cure, or prevent any
disease and that the product has not been evaluated or approved by the United States Food
and Drug Administration unless the product has been so approved; and
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(9) any other statements or information required by the board.
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A cannabis retailer, cannabis microbusiness, or
medical cannabis business may provide customers and patients with the following information
by including the information on the label affixed to the packaging or container of cannabis
or a cannabis product; by posting the information in the premises of the cannabis retailer,
cannabis microbusiness, or medical cannabis business; or by providing the information on
a separate document or pamphlet provided to customers or patients when the customer
purchases cannabis or a cannabis product:
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(1) factual information about impairment effects and the expected timing of impairment
effects, side effects, adverse effects, and health risks of cannabis and cannabis products;
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(2) a statement that customers and patients must not operate a motor vehicle or heavy
machinery while under the influence of cannabis or a cannabis product;
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(3) resources customers and patients may consult to answer questions about cannabis,
cannabis products, and any side effects and adverse effects;
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(4) contact information for the poison control center and a safety hotline or website for
customers to report and obtain advice about side effects and adverse effects of cannabis and
cannabis products; and
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(5) any other information specified by the board.
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No cannabis business or
other person shall publish or cause to be published an advertisement for cannabis, a cannabis
business, a cannabis product, or a hemp-derived consumable or topical product in a manner
that:
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(1) contains false or misleading statements;
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(2) contains unverified claims about the health or therapeutic benefits or effects of
consuming cannabis or a cannabis product;
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(3) promotes the overconsumption of cannabis, cannabis products, or a hemp-derived
consumable or topical products;
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(4) depicts a person under age 21 consuming cannabis or a cannabis product; or
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(5) includes an image designed or likely to appeal to persons under age 21, including
cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases
that is designed to be appealing to persons under age 21 or encourage consumption by
persons under age 21.
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(a) An outdoor
advertisement of cannabis, a cannabis business, a cannabis product, or a hemp-derived
consumable or topical product is prohibited.
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(b) A cannabis business may erect up to two fixed outdoor signs on the exterior of the
building or property of the cannabis business. A fixed outdoor sign:
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(1) may contain the name of the cannabis business and the address and nature of the
cannabis business; and
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(2) shall not include a logo or an image of any kind.
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A cannabis business or other person shall not publish
or cause to be published an advertisement for cannabis, a cannabis business, or a cannabis
product in any print publication or on radio, television, or any other medium if 30 percent
or more of the audience of that medium is reasonably expected to be individuals who are
under age 21, as determined by reliable, current audience composition data.
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A cannabis business or another person shall
not utilize unsolicited pop-up advertisements on the Internet to advertise cannabis, a cannabis
business, a cannabis product, or a hemp-derived consumable or topical product.
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Before
a cannabis business or another person may advertise cannabis, a cannabis business, or a
cannabis product through direct, individualized communication or dialogue controlled by
the cannabis business or other person, the cannabis business or other person must use a
method of age affirmation to verify that the recipient of the direct, individualized
communication or dialogue is 21 years of age or older. For purposes of this subdivision,
the method of age affirmation may include user confirmation, birth date disclosure, or
another similar registration method.
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A cannabis business or another
person shall not advertise cannabis, a cannabis business, or a cannabis product with
advertising directed toward location-based devices, including but not limited to cellular
telephones, unless:
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(1) the advertising occurs via a mobile device application that is installed on the device
by the device's owner and includes a permanent and easy to implement opt-out feature; and
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(2) the owner of the device is 21 years of age or older.
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(a) A health care practitioner shall not publish or cause to be published
an advertisement that:
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(1) contains false or misleading statements about the registry program;
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(2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass;
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(3) states or implies that the health care practitioner is endorsed by the board, the Office
of Medical Cannabis, or the registry program;
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(4) includes images of cannabis in its plant or leaf form or images of paraphernalia used
to smoke cannabis; or
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(5) contains medical symbols that could reasonably be confused with symbols of
established medical associations or groups.
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(b) A health care practitioner found by the board to have violated this subdivision is
prohibited from certifying that patients have a qualifying medical condition for purposes
of patient participation in the registry program. A decision by the board that a health care
practitioner has violated this subdivision is a final decision and is not subject to the contested
case procedures in chapter 14.
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An individual qualifies as a social equity applicant if the individual is:
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(1) a military veteran who lost honorable status due to a cannabis-related offense; or
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(2) a resident for the last five years of one or more census tracts where, as reported in
the most recently completed decennial census published by the United States Bureau of the
Census, either:
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(i) the poverty rate was 20 percent or more; or
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(ii) the median family income did not exceed 80 percent of 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.
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The Cannabis Management Board shall establish
CanRenew, a program to award grants to eligible organizations for investments in
communities where long-term residents are eligible to be social equity applicants.
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(a) For the purposes of this section, the following terms have the
meanings given.
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(b) "Community investment" means a project or program designed to improve
community-wide outcomes or experiences and may include efforts targeting economic
development, violence prevention, youth development, or civil legal aid, among others.
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(c) "Eligible community" means a community where long-term residents are eligible to
be social equity applicants.
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(d) "Eligible organization" means any organization able to make an investment in a
community where long-term residents are eligible to be social equity applicants and may
include educational institutions, nonprofit organizations, private businesses, community
groups, units of local government, or partnerships between different types of organizations.
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(e) "Program" means the CanRenew grant program.
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(f) "Social equity applicant" has the meaning defined in section 342.70.
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(a) The board must award grants to eligible
organizations through a competitive grant process.
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(b) To receive grant funds, an eligible organization must submit a written application
to the board, using a form developed by the board, explaining the community investment
the organization wants to make in an eligible community.
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(c) An eligible organization's grant application must also include:
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(1) an analysis of the community need for the proposed investment;
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(2) a description of the positive impact the proposed investment is expected to generate
for that community;
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(3) any evidence of the organization's ability to successfully achieve that positive impact;
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(4) any evidence of the organization's past success in making similar community
investments;
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(5) an estimate of the cost of the proposed investment;
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(6) the sources and amounts of any nonstate funds or in-kind contributions that will
supplement grant funds; and
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(7) any additional information requested by the board.
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(d) In awarding grants under this subdivision, the board shall give weight to applications
from organizations that demonstrate a history of successful community investments,
particularly in geographic areas that are now eligible communities. The board shall also
give weight to applications where there is demonstrated community support for the proposed
investment. The board shall fund investments in eligible communities throughout the state.
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The board shall make extensive efforts to publicize these
grants, including through partnerships with community organizations, particularly those
located in eligible communities.
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By January 15, 2023, and each January 15 thereafter,
the board must submit a report to the chairs and ranking minority members of the committees
of the house of representatives and the senate having jurisdiction over community
development that details awards given through the CanRenew program and the use of grant
funds, including any measures of successful community impact from the grants.
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The Adult-Use Cannabis Substance Use Disorder
Advisory Council is established to develop and implement a comprehensive and effective
statewide approach to substance use disorder prevention and treatment related to cannabis
use. The council shall:
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(1) establish priorities to address public education and substance use disorder prevention
and treatment needs related to cannabis use;
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(2) make recommendations to the legislature on the amount of money to be allocated to
substance use disorder prevention and treatment initiatives related to cannabis use;
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(3) make recommendations to the commissioner of human services on grant and funding
options for money appropriated from the general fund to the commissioner of human services
for substance use disorder prevention and treatment related to cannabis use;
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(4) recommend to the commissioner of human services specific programs, projects, and
initiatives to be funded; and
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(5) consult with the commissioners of human services, health, and management and
budget to develop measurable outcomes to determine the effectiveness of programs, projects,
and initiatives funded.
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(a) The council shall consist of the following members, appointed
by the commissioner of human services, except as otherwise specified. Members must
include:
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(1) two members of the house of representatives, one from the majority party appointed
by the speaker and one from the minority party appointed by the minority leader of the
house of representatives;
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(2) two members of the senate, one from the majority party appointed by the senate
majority leader and one from the minority party appointed by the senate minority leader;
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(3) the commissioner of human services or a designee;
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(4) one member of the Cannabis Management Board or a designee;
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(5) two members representing substance use disorder treatment programs licensed under
chapter 245G;
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(6) one public member who is a Minnesota resident and in recovery from a substance
use disorder;
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(7) one public member who is a family member of a person with a substance use disorder;
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(8) one member who is a physician;
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(9) one member who is a licensed psychologist, licensed professional clinical counselor,
licensed marriage and family therapist, or licensed social worker;
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(10) one member representing an Indian tribe;
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(11) one mental health advocate representing persons with mental illness;
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(12) one member representing county social services agencies;
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(13) one patient advocate; and
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(14) a representative from a community that experienced a disproportionate, negative
impact from cannabis prohibition.
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(b) The commissioner of human services shall coordinate appointments to provide
geographic diversity and shall ensure that at least one-third of council members reside
outside of the seven-county metropolitan area.
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(c) The council is governed by section 15.059, except that members of the council shall
receive no compensation other than reimbursement for expenses. Notwithstanding section
15.059, subdivision 6, the council shall not expire.
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(d) The chair shall convene the council on a quarterly basis and may convene other
meetings as necessary. The chair shall convene meetings at different locations in the state
to provide geographic access.
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(e) The commissioner of human services shall provide staff and administrative services
for the advisory council.
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(f) The council is subject to chapter 13D.
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(a) The commissioner of human services shall submit a
report of the grants and funding recommended by the advisory council to be awarded for
the upcoming fiscal year to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance by March
1 of each year, beginning March 1, 2024.
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(b) When awarding grants, the commissioner of human services shall consider the
programs, projects, and initiatives recommended by the council that address the priorities
established by the council, unless otherwise appropriated by the legislature.
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(a) Notwithstanding any law to the contrary, the cultivation, manufacturing, possessing,
and selling of cannabis and cannabis products by a licensed cannabis business in conformity
with the rights granted by a cannabis business license is lawful and may not be the grounds
for the seizure or forfeiture of property, arrest or prosecution, or search or inspections except
as provided by this chapter.
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(b) A person acting as an agent of a licensed cannabis retailer or licensed cannabis
microbusiness who sells or otherwise transfers cannabis or cannabis products to a person
under 21 years of age is not subject to arrest, prosecution, or forfeiture of property if the
person complied with section 342.27, subdivision 3, and any rules promulgated pursuant
to this chapter.
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