SF 178

as introduced - 89th Legislature (2015 - 2016) Posted on 02/06/2015 08:51am

A bill for an act
relating to health; repealing the Clean Indoor Air Act; amending Minnesota
Statutes 2014, section 152.23; repealing Minnesota Statutes 2014, sections
144.411; 144.412; 144.413; 144.414; 144.416; 144.4167; 144.417; 245D.26,
subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

REPEALERS

Section 1. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall delete all references to the sections repealed in section
2 wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
necessary to correct punctuation, grammar, or remaining text and preserve its meaning.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 144.411; 144.412; 144.413; 144.414; 144.416;
and 144.417, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2014, sections 144.4167; and 245D.26, subdivision 4, new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

CONFORMING AMENDMENT

Section 1.

Minnesota Statutes 2014, section 152.23, is amended to read:

152.23 LIMITATIONS.

(a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does
not prevent the imposition of any civil, criminal, or other penalties for:

(1) undertaking any task under the influence of medical cannabis that would
constitute negligence or professional malpractice;

(2) possessing or engaging in the use of medical cannabis:

(i) on a school bus or van;

(ii) on the grounds of any preschool or primary or secondary school;

(iii) in any correctional facility; or

(iv) on the grounds of any child care facility or home day care;

(3) vaporizing medical cannabis pursuant to section 152.22, subdivision 6:

(i) on any form of public transportation;

(ii) where the vapor would be inhaled by a nonpatient minor child; or

(iii) in any public place, including any indoor or outdoor area used by or open to
the general public or a place of employment as defined under new text begin Minnesota Statutes 2014,
new text end section 144.413, subdivision 1b; and

(4) operating, navigating, or being in actual physical control of any motor vehicle,
aircraft, train, or motorboat, or working on transportation property, equipment, or facilities
while under the influence of medical cannabis.

(b) Nothing in sections 152.22 to 152.37 require the medical assistance and
MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with
the medical use of cannabis. Medical assistance and MinnesotaCare shall continue to
provide coverage for all services related to treatment of an enrollee's qualifying medical
condition if the service is covered under chapter 256B or 256L.