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SF 488

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; enacting the Compassionate Use Act
to protect seriously ill patients from prosecution and
prison for using medicinal marijuana under a
physician's supervision; imposing criminal penalties;
authorizing rulemaking; proposing coding for new law
in Minnesota Statutes, chapter 152.

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

ARTICLE 1

COMPASSIONATE USE ACT

Section 1. new text begin FINDINGS AND PURPOSE.
new text end

new text begin (a) The legislature finds that modern medical research has
discovered a beneficial use for marijuana in treating or
alleviating the pain or other symptoms associated with certain
debilitating illnesses such as cancer, glaucoma, human
immunodeficiency virus, acquired immune deficiency syndrome,
multiple sclerosis, epilepsy, and Crohn's disease. There is
sufficient medical and anecdotal evidence to support the
proposition that these diseases and conditions may respond
favorably to a medically controlled use of marijuana.
new text end

new text begin (b) The legislature is aware of the legal problems
associated with the legal acquisition of marijuana for medical
use. However, the legislature believes that medical scientific
evidence on the medicinal benefits of marijuana should be
recognized. Although federal law expressly prohibits the use of
marijuana, the legislature recognizes that a number of states
are taking the initiative in permitting the use of marijuana for
medical purposes. Voter and legislative initiatives permitting
the medical use of marijuana have passed in California, Arizona,
Oregon, Washington, Alaska, Maine, Nevada, Hawaii, and the
District of Columbia.
new text end

new text begin (c) The legislature intends to join in this initiative for
the health and welfare of its citizens. However, the
legislature does not intend to legalize marijuana for other than
medical purposes. The passage of this act and the policy
underlying it does not in any way diminish the legislature's
strong public policy and laws against illegal drug use.
new text end

new text begin (d) Therefore, the purpose of this act is to ensure that
seriously ill people are not penalized by the state for the use
of marijuana for strictly medical purposes when the patient's
treating physician provides a professional opinion that the
benefits of medical use of marijuana would likely outweigh the
health risks for the qualifying patient.
new text end

new text begin (e) This act shall be known as the "Compassionate Use Act."
new text end

ARTICLE 2

MEDICAL USE OF MARIJUANA

Section 1.

new text begin [152.22] MEDICAL USE OF MARIJUANA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this
section, the following terms have the meanings given.
new text end

new text begin (a) "Adequate supply" means no more marijuana than is
necessary to ensure, throughout the projected course of
treatment, the uninterrupted availability of marijuana to treat
or alleviate the pain or other symptoms associated with a
qualifying patient's debilitating medical condition or to treat
such condition, provided that an adequate supply is between one
ounce and 10.5 ounces, but no more than a 60-day supply.
new text end

new text begin (b) "Debilitating medical condition" means a medical
condition or treatment for such a condition that produces, for a
specific patient, one or more of the following: increased
intraocular pressure from glaucoma; appetite loss, cachexia, or
wasting syndrome; severe nausea and vomiting; spastic conditions
or conditions having persistent muscle spasms; severe pain; and
seizures including, but not limited to, seizures characteristic
of epilepsy. Such medical conditions include but are not
limited to:
new text end

new text begin (1) glaucoma, cancer, Crohn's disease, positive status for
human immunodeficiency virus (HIV) or acquired immunodeficiency
syndrome (AIDS), cerebral palsy, spinal cord injuries, multiple
sclerosis, or scleroderma; or
new text end

new text begin (2) any other medical condition approved by the
commissioner of health, pursuant to the commissioner's authority
under subdivision 13 to consider petitions submitted by
physicians and potentially qualifying patients requesting to add
a particular disease or medical condition to those included in
this paragraph.
new text end

new text begin (c) "Medical use of marijuana" means the acquisition,
possession, cultivation, use, distribution, or transportation of
marijuana, or equipment or supplies related to the
administration of marijuana, as necessary for the exclusive
benefit of a qualifying patient to mitigate the symptoms or
effects of the qualifying patient's debilitating medical
condition.
new text end

new text begin (d) "Physician" or "doctor" means a person licensed in good
standing to practice medicine under chapter 147, who has primary
responsibility for the care and treatment of a person diagnosed
with a debilitating medical condition.
new text end

new text begin (e) "Primary caregiver" means a person, other than the
qualifying patient and the qualifying patient's physician, who
is 18 years of age or older and has agreed to undertake
significant responsibility for managing the well-being of no
more than three qualifying patients at any one time with respect
to the medical use of marijuana. In the case of a qualifying
patient who is a minor or an adult lacking legal capacity, the
primary caregiver is the patient's parent, the patient's
guardian, or the person having legal custody of the patient.
new text end

new text begin (f) "Qualifying patient" means an individual who has been
diagnosed by a physician as having a debilitating medical
condition.
new text end

new text begin (g) "Usable marijuana" means the dried leaves and flowers
of the plant Cannabis, family Moraceae, and any mixture or
preparation of the dried leaves and flowers, that are
appropriate for medical use as allowed in this section. Usable
marijuana does not include the seeds, stalks, and roots of the
plant.
new text end

new text begin (h) "Written documentation" means the qualifying patient's
medical records or a statement signed by the qualifying
patient's physician stating that in the physician's professional
opinion, the qualifying patient has a debilitating medical
condition and the potential benefits of the medical use of
marijuana would likely outweigh the health risks for the
qualifying patient.
new text end

new text begin Subd. 2. new text end

new text begin Conditions of use. new text end

new text begin (a) Notwithstanding any law
to the contrary, the medical use of marijuana by a qualifying
patient or a primary caregiver's furnishing of marijuana for
medical use by the qualifying patient according to this section
is permitted only if:
new text end

new text begin (1) the qualifying patient has been diagnosed by a
physician as having a debilitating medical condition;
new text end

new text begin (2) the qualifying patient's physician has certified in
writing that, in the physician's professional opinion, the
potential benefits of the medical use of marijuana would likely
outweigh the health risks for the particular qualifying patient;
and
new text end

new text begin (3) the amount of marijuana does not exceed an adequate
supply.
new text end

new text begin (b) Paragraph (a) does not apply to a qualifying patient
under the age of 18 years, unless:
new text end

new text begin (1) the qualifying patient's physician has explained the
potential risks and benefits of the medical use of marijuana to
the qualifying patient and to a parent, guardian, or person
having legal custody of the patient; and
new text end

new text begin (2) a parent, guardian, or person having legal custody of
the patient consents in writing to:
new text end

new text begin (i) allow the qualified patient's medical use of marijuana;
new text end

new text begin (ii) serve as the qualifying patient's primary caregiver;
and
new text end

new text begin (iii) control the acquisition of the marijuana, the dosage,
and the frequency of the medical use of marijuana by the
qualifying patient.
new text end

new text begin (c) The authorization for medical use of marijuana in this
section shall not apply to:
new text end

new text begin (1) medical use of marijuana that endangers the health or
well-being of another person;
new text end

new text begin (2) medical use of marijuana:
new text end

new text begin (i) in a school bus, public bus, or any moving vehicle;
new text end

new text begin (ii) in the workplace of one's employment;
new text end

new text begin (iii) on any school grounds;
new text end

new text begin (iv) at any public park, public beach, public recreation
center, or youth center; or
new text end

new text begin (v) at any other place open to the public; and
new text end

new text begin (3) use of marijuana by a qualifying patient, parent, or
primary caregiver for purposes other than medical use permitted
by this section.
new text end

new text begin Subd. 3. new text end

new text begin Registration. new text end

new text begin (a) The qualifying patient may
register with, and provide a copy of the written documentation
to, the commissioner of health within ten working days of
receipt of the written documentation by the treating physician.
The commissioner of health shall issue to the qualifying patient
a registration certificate and may charge a reasonable fee, not
to exceed $25.
new text end

new text begin (b) Upon an inquiry by a law enforcement agency, the
commissioner of health shall verify whether the particular
qualifying patient is registered with the commissioner and may
provide reasonable access to the registry information for
official law enforcement purposes only.
new text end

new text begin Subd. 4. new text end

new text begin Insurance not applicable. new text end

new text begin This section shall
not be construed to require insurance coverage for the medical
use of marijuana.
new text end

new text begin Subd. 5. new text end

new text begin Exemption from criminal and civil
penalties.
new text end

new text begin (a) It is lawful for a qualifying patient who has
obtained written documentation from the qualifying patient's
physician in the context of a bona fide physician-patient
relationship to engage in the medical use of marijuana only as
justified to mitigate the symptoms or effects of the qualifying
patient's debilitating medical condition, provided the
qualifying patient's quantity of marijuana does not exceed an
adequate supply. Except as allowed in paragraph (b), a
qualified patient and that person's designated primary caregiver
may not collectively possess, deliver, or produce more than the
following:
new text end

new text begin (1) one ounce of usable marijuana, if the person is present
in a location where marijuana is not produced, including any
residence associated with that location; and
new text end

new text begin (2) three mature marijuana plants, four immature marijuana
plants, and an adequate supply of usable marijuana, if the
person is present at a location where marijuana is produced,
including any residence associated with that location.
new text end

new text begin (b) If a qualifying patient and the patient's primary
caregiver collectively possess, deliver, or produce marijuana in
excess of the amounts allowed in paragraph (a), they are not
excepted from the criminal laws of the state but may establish
an affirmative defense to the charges, by a preponderance of
evidence, that the greater amount is medically necessary to
mitigate the symptoms or effects of the qualifying patient's
debilitating medical condition.
new text end

new text begin Subd. 6. new text end

new text begin Legal protection; primary caregivers. new text end

new text begin When the
acquisition, possession, cultivation, distribution,
transportation, or administration of marijuana by a qualifying
patient is not practicable, the legal protections established by
this section for a qualifying patient shall extend to that
patient's primary caregiver. The protections for the primary
caregiver extend only insofar as the actions of the caregiver
are necessary for the qualifying patient's medical use of
marijuana and the actions of a primary caregiver are subject to
the restrictions in subdivision 12.
new text end

new text begin Subd. 7. new text end

new text begin Physician opinions. new text end

new text begin No physician is subject to
arrest, prosecution, disciplinary action by the board of medical
practice, or the denial of any right or privilege for providing
a professional opinion or written documentation to a person:
new text end

new text begin (1) whom the physician has diagnosed as having a
debilitating medical condition for which other medications are
contraindicated, have not provided sufficient relief to the
person, or cause unacceptable side effects;
new text end

new text begin (2) with whom the potential risks and benefits of the
medical use of marijuana have been discussed; and
new text end

new text begin (3) for whom the physician has made a professional
assessment of the person's medical history and current medical
condition in the course of a bona fide physician-patient
relationship, which must serve as the basis of the physician's
professional opinion or written documentation.
new text end

new text begin Subd. 8. new text end

new text begin Physician testimony. new text end

new text begin In any legal proceeding in
which rights created by this section are asserted, a physician
called as a witness shall be informed of the physician's
personal rights and shall be permitted to testify before a
judge, in camera. If the physician so requests, the physician's
name and any other identifying information shall be redacted
when the physician's testimony is introduced in a public hearing
and the court shall maintain the physician's name and
identifying information under seal.
new text end

new text begin Subd. 9. new text end

new text begin Property not forfeited. new text end

new text begin Any property interest
that is possessed, owned, leased, or used in connection with the
medical use of marijuana, or acts incidental to such use, must
not be harmed, neglected, injured, or destroyed while in the
possession of state or local law enforcement officials when the
property has been seized in connection with the claimed medical
use of marijuana. Any property interest must not be forfeited
under any provision of state law providing for the forfeiture of
property other than as a sentence imposed after a criminal
conviction. Marijuana, equipment, supplies, and other property
seized by state or local law enforcement officials from a
qualifying patient or primary caregiver in connection with the
claimed medical use of marijuana shall be returned immediately
upon the determination of the court that the qualifying patient
or primary caregiver is entitled to the protections contained in
this section, as may be evidenced, for example, by a decision
not to prosecute, the dismissal of charges, or acquittal.
new text end

new text begin Subd. 10. new text end

new text begin Prohibited prosecutions. new text end

new text begin No person may be
prosecuted for constructive possession, conspiracy, or any other
criminal offense solely for being in the presence or vicinity of
the medical use of marijuana.
new text end

new text begin Subd. 11. new text end

new text begin Affirmative defense. new text end

new text begin Except as provided in
subdivision 12, a qualifying patient or primary caregiver
charged with a violation of state law related to the claimed
medical use of marijuana may raise as an affirmative defense
that the medical use is authorized by subdivision 2, 5, or 6.
The affirmative defense shall be presumed valid when the
evidence shows that:
new text end

new text begin (1) the qualifying patient has been diagnosed by a
physician as having a debilitating medical condition;
new text end

new text begin (2) the qualifying patient's physician, in the context of a
bona fide physician-patient relationship, has advised that, in
the physician's professional opinion, the potential benefits of
the medical use of marijuana may mitigate the symptoms or
effects of the qualifying patient's debilitating medical
condition and would likely outweigh the risks for the particular
qualifying patient, including insufficient relief or side
effects or contraindications of other medications;
new text end

new text begin (3) the qualifying patient is engaged in the medical use of
marijuana; and
new text end

new text begin (4) one of the following provisions applies:
new text end

new text begin (i) the qualifying patient and primary caregiver were
collectively producing or in possession of a quantity of
marijuana that does not exceed an adequate supply; or
new text end

new text begin (ii) if the qualifying patient or primary caregiver
collectively produced or possessed a quantity of marijuana that
exceeds an adequate supply, the person proves by a preponderance
of the evidence that the greater amount is medically necessary
to mitigate the symptoms or effects of the qualifying patient's
debilitating medical condition.
new text end

new text begin Subd. 12. new text end

new text begin Restrictions and penalties. new text end

new text begin (a) This section
is not intended to condone or promote the cultivation, use, or
possession of marijuana for recreational purposes or any use
other than medical use. No person, including a qualifying
patient or primary caregiver, is entitled to the protections of
this section for acquisition, possession, cultivation, use,
distribution, transportation, or administration of marijuana for
any use other than medical use.
new text end

new text begin (b) Fraudulent representation of medical use of marijuana
by a person to a law enforcement official for the purpose of
avoiding arrest and prosecution is a misdemeanor and shall be
punishable by up to 30 days in jail, a $500 fine, or both. This
penalty shall be in addition to any other penalties that may
apply for the nonmedical use of marijuana.
new text end

new text begin (c) No qualifying patient may engage in the medical use of
marijuana in a way that harms the health or well-being of
another person.
new text end

new text begin Subd. 13. new text end

new text begin Other medical conditions; rulemaking. new text end

new text begin Upon a
petition from a physician or potentially qualifying patient, the
commissioner of health may classify additional medical
conditions or treatments for such conditions as debilitating
medical conditions for which the medical use of marijuana is
authorized under this section. The commissioner shall:
new text end

new text begin (1) establish a procedure for evaluating such petitions;
new text end

new text begin (2) approve or deny a petition within 90 days of receiving
the petition; and
new text end

new text begin (3) if the petition is approved, adopt rules regarding the
condition or treatment as a debilitating medical condition
within 120 days of the petition's approval.
new text end

new text begin Subd. 14. new text end

new text begin Severability. new text end

new text begin If any provision of this section
or the application thereof to any person or circumstance is held
invalid, that invalidity shall not affect other provisions or
applications of this section which can be given effect without
the invalid provision or application, and to this end the
provisions of this section are severable.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2005, and applies to
crimes committed on or after that date.
new text end