SF 404

as introduced - 89th Legislature (2015 - 2016) Posted on 02/03/2015 08:47am

A bill for an act
relating to public safety; requiring courts to allow evidence of medical necessity
for certain criminal, administrative, and civil cases involving natural herbs of the
genus Cannabis; proposing coding for new law in Minnesota Statutes, chapter
634.

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

Section 1.

new text begin [634.40] EVIDENCE; MEDICAL OR THERAPEUTIC NECESSITY.
new text end

new text begin Subdivision 1. new text end

new text begin Admission into evidence. new text end

new text begin Sections 152.02, subdivision 7, clause
(1); 152.21; and 152.33, subdivision 3, and other law may not be construed, directly or by
implication, to deny a defendant in a criminal proceeding, or a person involved in a civil
or administrative proceeding, the right to introduce evidence or testimony of a medical
need to use, or a therapeutic or palliative benefit derived from the use of, natural herbs of
the genus Cannabis or confections or other products derived directly from, or containing
extracts from, natural herbal cannabis; which evidence or testimony is acceptable as a
mitigating or exculpatory circumstance in the proceeding. This evidence or testimony is
also not precluded from consideration in the course of an appeal, under established rules,
of any verdict, ruling, or decision reached in a criminal, civil, or administrative proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to charges under section 152.021,
subdivision 1; 152.022, subdivision 1; 152.023, subdivision 1; or 152.024, subdivision 1,
that involve the sale of more than a small amount of cannabis.
new text end