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Minnesota Legislature

Office of the Revisor of Statutes

SF 1320

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 09:49am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; allowing individuals 21 years of age and older to consume
and use marijuana, marijuana products, and marijuana accessories for personal
use; providing for regulation of the cultivation, manufacture, distribution, and sale
of marijuana, marijuana products, and marijuana accessories by the commissioner
of health and local governments; permitting activities related to marijuana
establishments; authorizing rulemaking; authorizing the use of certain not public
data; providing criminal penalties; requiring development of a fee schedule and a
tax;amending Minnesota Statutes 2016, sections 152.01, by adding subdivisions;
152.027, subdivision 3, by adding a subdivision; 152.092; 152.093; 152.31;
297D.06; proposing coding for new law in Minnesota Statutes, chapter 152;
proposing coding for new law as Minnesota Statutes, chapter 152B; repealing
Minnesota Statutes 2016, section 152.027, subdivision 4.

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

ARTICLE 1

REGULATION OF THE PRODUCTION AND SALE OF MARIJUANA

Section 1. new text beginPURPOSE AND FINDINGS.
new text end

new text begin (a) In the interest of individual freedom, the efficient use of law enforcement resources,
and enhancing revenue for public purposes, the legislature finds and declares that the use
of marijuana should be legal for persons 21 years of age or older and taxed in a manner
similar to alcohol.
new text end

new text begin (b) In the interest of the health and public safety of the citizens of Minnesota, the
legislature further finds and declares that marijuana should be regulated in a manner similar
to alcohol so that:
new text end

new text begin (1) individuals shall have to show proof of age before purchasing marijuana;
new text end

new text begin (2) selling, distributing, or transferring marijuana to individuals under the age of 21 shall
remain illegal;
new text end

new text begin (3) driving under the influence of marijuana shall remain illegal;
new text end

new text begin (4) legitimate, taxpaying business people, and not criminal actors, shall conduct sales
of marijuana; and
new text end

new text begin (5) marijuana sold in this state shall be labeled and subject to regulations to ensure that
consumers are informed and protected.
new text end

new text begin (c) In the interest of enacting rational policies for the treatment of all variations of the
cannabis plant, the legislature further finds and declares that industrial hemp shall be
regulated separately from strains of cannabis with higher delta-9 tetrahydrocannabinol
(THC) concentrations.
new text end

Sec. 2.

Minnesota Statutes 2016, section 152.31, is amended to read:


152.31 DATA PRACTICES.

(a) Government data in patient files maintained by the commissioner and the health care
practitioner, and data submitted to or by a medical cannabis manufacturer, are private data
on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in
section 13.02, subdivision 9, but may be used for purposes of complying with chapter 13
and complying with a request from the legislative auditor or the state auditor in the
performance of official duties. The provisions of section 13.05, subdivision 11, apply to a
registration agreement entered between the commissioner and a medical cannabis
manufacturer under section 152.25.

(b) new text beginExcept as provided in paragraph (c), new text endnot public data maintained by the commissioner
may not be used for any purpose not provided for in sections 152.22 to 152.37, and may
not be combined or linked in any manner with any other list, dataset, or database.

new text begin (c) The commissioner may use not public data maintained by the commissioner and
related to a medical cannabis manufacturer in reviewing the medical cannabis manufacturer's
application to operate a marijuana establishment under chapter 152B, to determine the extent
to which the medical cannabis manufacturer has complied with sections 152.22 to 152.37.
new text end

Sec. 3.

new text begin [152B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of this chapter, the terms defined in this
section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin City. new text end

new text begin "City" means a home rule charter or statutory city.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 4. new text end

new text begin Consumer. new text end

new text begin "Consumer" means a person 21 years of age or older who purchases
marijuana or marijuana products for personal use by persons 21 years of age or older, but
not for resale to others.
new text end

new text begin Subd. 5. new text end

new text begin Local government. new text end

new text begin "Local government" means a town operating under chapter
368, a county, or a city. A governing body for a town under this chapter means a town board
of supervisors.
new text end

new text begin Subd. 6. new text end

new text begin Marijuana. new text end

new text begin "Marijuana" means all parts of the plant of any species of the genus
Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or its resin, but does not include
the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation
from mature stalks, except resin extracted therefrom, fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination.
new text end

new text begin Subd. 7. new text end

new text begin Marijuana accessory. new text end

new text begin "Marijuana accessory" means any equipment, product,
or material of any kind which is used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise
introducing marijuana into the human body.
new text end

new text begin Subd. 8. new text end

new text begin Marijuana cultivation facility. new text end

new text begin "Marijuana cultivation facility" means an entity
licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana
stores, marijuana product manufacturing facilities, and other marijuana cultivation facilities,
but not to consumers.
new text end

new text begin Subd. 9. new text end

new text begin Marijuana establishment. new text end

new text begin "Marijuana establishment" means a marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility,
or a retail marijuana store.
new text end

new text begin Subd. 10. new text end

new text begin Marijuana product manufacturing facility. new text end

new text begin "Marijuana product
manufacturing facility" means an entity licensed to purchase marijuana; manufacture,
prepare, and package marijuana products; and sell marijuana and marijuana products to
other marijuana product manufacturing facilities and to retail marijuana stores, but not to
consumers.
new text end

new text begin Subd. 11. new text end

new text begin Marijuana product. new text end

new text begin "Marijuana product" means a concentrated marijuana
product or a marijuana product that is comprised of marijuana and other ingredients and is
intended for use or consumption including, but not limited to, edible products, ointments,
and tinctures.
new text end

new text begin Subd. 12. new text end

new text begin Marijuana testing facility. new text end

new text begin "Marijuana testing facility" means an entity
licensed to analyze and certify the safety and potency of marijuana.
new text end

new text begin Subd. 13. new text end

new text begin Medical cannabis distribution facility. new text end

new text begin "Medical cannabis distribution
facility" means a facility operated by a medical cannabis manufacturer and authorized to
dispense medical cannabis.
new text end

new text begin Subd. 14. new text end

new text begin Medical cannabis manufacturer. new text end

new text begin "Medical cannabis manufacturer" has the
meaning given in section 152.22, subdivision 7.
new text end

new text begin Subd. 15. new text end

new text begin Retail marijuana store. new text end

new text begin "Retail marijuana store" means an entity licensed to
purchase marijuana from marijuana cultivation facilities and marijuana and marijuana
products from marijuana product manufacturing facilities and to sell marijuana and marijuana
products to consumers.
new text end

new text begin Subd. 16. new text end

new text begin Unreasonably impracticable. new text end

new text begin "Unreasonably impracticable" means that the
measures necessary to comply with the rules require such a high investment of risk, money,
time, or any other resource or asset that the operation of a marijuana establishment is not
worth being carried out in practice by a reasonably prudent businessperson.
new text end

Sec. 4.

new text begin [152B.03] REGULATION OF MARIJUANA.
new text end

new text begin Subdivision 1. new text end

new text begin Rulemaking authorized. new text end

new text begin No later than July 1, 2019, the commissioner
shall adopt rules necessary to implement this chapter. The rules shall not prohibit the
operation of marijuana establishments, either expressly or through rules that make their
operation unreasonably impracticable. The rules shall include:
new text end

new text begin (1) procedures for the issuance, renewal, suspension, and revocation of a license to
operate a marijuana establishment;
new text end

new text begin (2) qualifications for licensure that are directly and demonstrably related to the operation
of a marijuana establishment;
new text end

new text begin (3) security requirements for marijuana establishments;
new text end

new text begin (4) requirements to prevent the sale or diversion of marijuana and marijuana products
to persons under the age of 21;
new text end

new text begin (5) labeling requirements for marijuana and marijuana products sold or distributed by
a marijuana establishment;
new text end

new text begin (6) health and safety regulations and standards for the manufacture of marijuana products
and the cultivation of marijuana;
new text end

new text begin (7) restrictions on the advertising and display of marijuana and marijuana products; and
new text end

new text begin (8) civil penalties for the failure to comply with rules adopted according to this section.
new text end

new text begin Subd. 2. new text end

new text begin Factors in reviewing applications. new text end

new text begin In order to ensure the most secure, reliable,
and accountable system for the production and distribution of marijuana and marijuana
products in accordance with this chapter, in any competitive application process the
commissioner shall have as a primary consideration whether an applicant:
new text end

new text begin (1) has prior experience producing or distributing medical cannabis according to sections
152.22 to 152.37 in the city, county, or town in which the applicant seeks to operate a
marijuana establishment; and
new text end

new text begin (2) has, during the experience described in clause (1), complied consistently with sections
152.22 to 152.37 and Minnesota Rules, chapter 4770. The commissioner may use not public
data related to the medical cannabis manufacturer and held by the commissioner in making
a determination under this clause.
new text end

Sec. 5.

new text begin [152B.04] INDIVIDUAL PRIVACY OF CONSUMERS AT RETAIL
MARIJUANA STORES.
new text end

new text begin In order to ensure that individual privacy is protected:
new text end

new text begin (1) a consumer shall not be required to provide a retail marijuana store with personal
information other than government-issued identification to determine the consumer's age
in order to purchase marijuana or marijuana products; and
new text end

new text begin (2) a retail marijuana store shall not be required to acquire and record personal information
about consumers other than information typically acquired in a financial transaction
conducted at an on-sale liquor licensee.
new text end

Sec. 6.

new text begin [152B.05] LOCAL REGULATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Jurisdiction. new text end

new text begin A county must adopt regulations or ordinances under
subdivision 2 and may adopt regulations or ordinances under subdivision 3. A city or town
may adopt regulations or ordinances under subdivisions 2 and 3. If both a city and county
with overlapping jurisdictions or a county and town with overlapping jurisdictions adopt
regulations or ordinances under subdivision 2 or 3, the county regulations or ordinances
apply only in those portions of the county outside the jurisdiction of the city or town.
new text end

new text begin Subd. 2. new text end

new text begin Marijuana establishment licenses. new text end

new text begin No later than October 1, 2019, a county
must adopt and a city or town may adopt regulations or ordinances:
new text end

new text begin (1) specifying the entity within the local government responsible for processing
applications for a license to operate a marijuana establishment within the boundaries of the
local government; and
new text end

new text begin (2) providing for the issuance of marijuana establishment licenses if a local government
must issue licenses because the commissioner fails to adopt rules according to section
152B.03 or because the commissioner fails to process and issue licenses as required by
section 152B.06.
new text end

new text begin Subd. 3. new text end

new text begin Other regulations regarding marijuana establishments. new text end

new text begin (a) A local
government may adopt ordinances or regulations that do not conflict with this chapter:
new text end

new text begin (1) governing the time, place, and manner of marijuana establishment operations, and
the number of marijuana establishments within the jurisdiction of the local government;
new text end

new text begin (2) establishing procedures for the issuance, suspension, and revocation of licenses
issued by the local government in accordance with section 152B.06, subdivision 2 or 3;
new text end

new text begin (3) establishing a schedule of annual operating, licensing, and application fees for
marijuana establishments. An application fee established according to this clause shall be
due only if an application is submitted to a local government under section 152B.06,
subdivision 3. A licensing fee established according to this clause shall be due only if a
local government issues a license under section 152B.06, subdivision 2 or 3; and
new text end

new text begin (4) establishing civil penalties for violations of ordinances or regulations governing the
time, place, or manner of the operation of marijuana establishments.
new text end

new text begin (b) A local government may adopt ordinances or regulations that prohibit the operation
of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana
testing facilities, or retail marijuana stores.
new text end

Sec. 7.

new text begin [152B.06] PROCEDURES FOR LICENSURE OF MARIJUANA
ESTABLISHMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application for state license. new text end

new text begin Each application for an annual license to
operate a marijuana establishment shall be submitted to the commissioner. The commissioner
shall:
new text end

new text begin (1) begin accepting and processing applications on October 1, 2019;
new text end

new text begin (2) immediately forward a copy of each application and half of the license application
fee to the local government for the location in which the applicant intends to operate the
marijuana establishment;
new text end

new text begin (3) issue an annual license to the applicant within 90 days after receipt of an application
unless the commissioner finds the applicant is not in compliance with rules adopted according
to section 152B.03 or the commissioner is notified by the applicable local government that
the applicant is not in compliance with ordinances and regulations adopted according to
section 152B.05 and in effect at the time of application. Where a local government has
adopted a numerical limit on the number of marijuana establishments licenses and a greater
number of applicants seek licenses than the number of licenses available, the commissioner
shall solicit and consider input from the local government regarding the local government's
preferences for licensure; and
new text end

new text begin (4) upon denial of an application, notify the applicant in writing of the specific reason
for its denial.
new text end

new text begin Subd. 2. new text end

new text begin Application for local license due to lack of action on application for state
license.
new text end

new text begin (a) An applicant who has submitted an application to the commissioner according
to subdivision 1 may resubmit its application directly to a local government according to
section 152B.05 if:
new text end

new text begin (1) the commissioner does not issue a license to an applicant within 90 days after receipt
of the application submitted in accordance with subdivision 1 and does not notify the
applicant, in writing, of the reason for the denial or lack of action within the 90-day period;
or
new text end

new text begin (2) the commissioner has adopted rules according to section 152B.03, subdivision 1,
and has accepted applications according to subdivision 1 but has not issued any licenses by
January 1, 2020.
new text end

new text begin (b) A local government that receives an application under paragraph (a) may issue a
license to the applicant. A local government issuing a license under this subdivision shall
do so within 90 days after receipt of the application unless the local government determines
that the applicant is not in compliance with regulations or ordinances adopted according to
section 152B.05 and provides notice of this noncompliance to the applicant.
new text end

new text begin (c) A local government shall notify the commissioner of all local licenses issued under
this subdivision.
new text end

new text begin (d) If an application is submitted under this subdivision, the commissioner shall, if the
local government so requests, forward to the local government the remainder of the
application fee paid to the commissioner with the applicant's initial application.
new text end

new text begin (e) A license issued by a local government under this subdivision shall have the same
force and effect as a license issued by the commissioner under subdivision 1. The holder
of a local license shall not be subject to regulation or enforcement by the commissioner
during the term of the local license. A local government may issue a subsequent or renewed
license under this subdivision on an annual basis only if the applicant first submits an
application to the commissioner under subdivision 1 and resubmits that application to the
local government under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Application for local license if commissioner does not adopt rules. new text end

new text begin If the
commissioner does not adopt rules required by section 152B.03, an applicant may submit
an application directly to a local government after October 1, 2019, and the local government
may issue an annual license to the applicant. A local government issuing a license under
this subdivision shall do so within 90 days after receipt of the application unless it determines
that the applicant is not in compliance with regulations or ordinances adopted according to
section 152B.05 in effect at the time of application and provides notice of this noncompliance
to the applicant. A local government shall notify the commissioner if the local government
issues an annual license to the applicant under this subdivision. A license issued by a local
government under this subdivision shall have the same force and effect as a license issued
by the commissioner in accordance with subdivision 1. The holder of a local license shall
not be subject to regulation or enforcement by the commissioner during the term of that
local license. A local government may issue a subsequent or renewed license under this
subdivision on an annual basis if the commissioner has not adopted rules required by section
152B.03 at least 90 days prior to the date upon which a subsequent or renewed license would
be effective, or if the commissioner has adopted rules according to section 152B.03 but has
not, at least 90 days after the adoption of the rules, issued licenses pursuant to subdivision
1.
new text end

Sec. 8.

new text begin [152B.07] EMPLOYERS, DRIVING, MINORS, AND CONTROL OF
PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Employers. new text end

new text begin Nothing in this chapter or chapter 152 is intended to require
an employer to permit or accommodate the use, consumption, possession, transfer, display,
transportation, sale, or cultivation of marijuana in the workplace or to affect the authority
of employers to have policies restricting or prohibiting the use of marijuana by employees.
new text end

new text begin Subd. 2. new text end

new text begin Driving under the influence. new text end

new text begin Nothing in this chapter or chapter 152 is intended
to allow driving under the influence of marijuana or to supersede section 169A.20.
new text end

new text begin Subd. 3. new text end

new text begin Consumption of marijuana or marijuana products in a motor vehicle.
new text end

new text begin Nothing in this chapter or chapter 152 is intended to allow the consumption of marijuana
or marijuana products in a motor vehicle or to supersede section 152.027, subdivision 3a.
new text end

new text begin Subd. 4. new text end

new text begin Persons under age 21. new text end

new text begin Nothing in this chapter or chapter 152 is intended to
permit the transfer of marijuana, with or without remuneration, to a person under the age
of 21 or to allow a person under the age of 21 to purchase, possess, use, transport, grow, or
consume marijuana.
new text end

new text begin Subd. 5. new text end

new text begin Control of property. new text end

new text begin Nothing in this chapter or chapter 152 shall prohibit a
person, employer, school, hospital, detention facility, corporation, or any other entity who
occupies, owns, or controls a property from prohibiting or otherwise regulating the
possession, consumption, use, display, transfer, distribution, sale, transportation, or cultivation
of marijuana on or in that property.
new text end

Sec. 9.

new text begin [152B.08] MEDICAL CANNABIS PROVISIONS UNAFFECTED.
new text end

new text begin Nothing in this chapter shall be construed:
new text end

new text begin (1) to limit any privileges or rights in sections 152.22 to 152.37 of a medical cannabis
patient; designated caregiver, parent, or legal guardian under section 152.27, subdivision 4
or 5; or medical cannabis manufacturer;
new text end

new text begin (2) to permit a medical cannabis distribution facility to distribute marijuana to a person
who is not a medical cannabis patient enrolled in the registry established according to
sections 152.22 to 152.37;
new text end

new text begin (3) to permit a medical cannabis distribution facility to purchase marijuana or marijuana
products in a manner or from a source not authorized under sections 152.22 to 152.37;
new text end

new text begin (4) to permit a medical cannabis distribution facility to operate on the same premises as
a retail marijuana store; or
new text end

new text begin (5) to discharge the commissioner from the commissioner's duties to regulate medical
cannabis under sections 152.22 to 152.37.
new text end

Sec. 10.

Minnesota Statutes 2016, section 297D.06, is amended to read:


297D.06 deleted text beginPHARMACEUTICALSdeleted text endnew text begin EXCEPTION FOR LAWFUL POSSESSIONnew text end.

deleted text begin Nothing in this chapter requiresdeleted text end new text beginThe following persons are not required to pay the tax
under this chapter:
new text end

new text begin (1) new text endpersons registered under chapter 151 deleted text beginordeleted text endnew text begin lawfully in possession of marijuana or a
controlled substance;
new text end

new text begin (2) persons lawfully in possession of medical cannabis obtained according to sections
152.22 to 152.37;
new text end

new text begin (3) persons licensed to grow, process, and sell marijuana and marijuana products under
chapter 152B;
new text end

new text begin (4) persons who have lawfully purchased marijuana or marijuana products from a retail
marijuana store licensed under chapter 152B; and
new text end

new text begin (5) persons who arenew text end otherwise lawfully in possession of marijuana or a controlled
substance deleted text beginto pay the tax required under this chapterdeleted text end.

Sec. 11. new text beginFEE SCHEDULE FOR LICENSURE OF MARIJUANA
ESTABLISHMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "marijuana establishment" has
the meaning given in Minnesota Statutes, section 152B.01, subdivision 9.
new text end

new text begin Subd. 2. new text end

new text begin Fee schedule. new text end

new text begin By January 1, 2019, the commissioner of health shall submit to
the legislature a proposed schedule of annual application, licensing, and renewal fees for
marijuana establishments authorized under Minnesota Statutes, chapter 152B. The
commissioner shall set proposed fees for each type of marijuana establishment in accordance
with Minnesota Statutes, section 16A.1285, subdivision 2. No fee shall exceed $5,000 unless
the commissioner determines that a greater fee is necessary to recover its costs under
Minnesota Statutes, chapter 152B.
new text end

new text begin Subd. 3. new text end

new text begin Limit on fees charged to medical cannabis manufacturers. new text end

new text begin In the fee schedule
required under subdivision 2, the application fee shall not exceed $500 for a medical cannabis
manufacturer that:
new text end

new text begin (1) is registered under Minnesota Statutes, sections 152.22 to 152.37, to manufacture
and distribute medical cannabis as of the effective date of Minnesota Statutes, chapter 152B;
and
new text end

new text begin (2) chooses to apply for a separate marijuana establishment license under Minnesota
Statutes, chapter 152B.
new text end

Sec. 12. new text beginTAXATION OF MARIJUANA.
new text end

new text begin By January 1, 2019, the commissioner of revenue shall submit to the legislature proposed
legislation for a tax to be levied upon marijuana sold or otherwise transferred by a marijuana
cultivation facility to a marijuana product manufacturing facility or to a retail marijuana
store, at a rate not to exceed 15 percent prior to January 1, 2021, and at a rate determined
by law thereafter. In its proposed legislation, the commissioner shall include procedures for
the collection of these taxes. The proposal required by this section shall not include levying
a tax on medical cannabis dispensed at a medical cannabis distribution facility under
Minnesota Statutes, sections 152.22 to 152.37.
new text end

Sec. 13. new text beginEFFECTIVE DATE.
new text end

new text begin This section is effective January 1, 2018.
new text end

ARTICLE 2

MARIJUANA FOR PERSONAL USE

Section 1.

Minnesota Statutes 2016, section 152.01, is amended by adding a subdivision
to read:


new text begin Subd. 9b. new text end

new text begin Marijuana accessory. new text end

new text begin "Marijuana accessory" has the meaning given in section
152B.01, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2016, section 152.01, is amended by adding a subdivision to
read:


new text begin Subd. 9c. new text end

new text begin Marijuana product. new text end

new text begin "Marijuana product" has the meaning given in section
152B.01, subdivision 11.
new text end

Sec. 3.

Minnesota Statutes 2016, section 152.027, subdivision 3, is amended to read:


Subd. 3.

Possession of new text begina marijuana product or new text endmarijuana in a motor vehicle.

A
person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or
is the driver of the motor vehicle if the owner is not present, and possesses on the person,
or knowingly keeps or allows to be kept within the area of the vehicle normally occupied
by the driver or passengers,new text begin a marijuana product ornew text end more than deleted text begin1.4 gramsdeleted text endnew text begin one ouncenew text end of
marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the
vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by
the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove
compartment is deemed to be within the area occupied by the driver and passengers.

Sec. 4.

Minnesota Statutes 2016, section 152.027, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Consumption of a marijuana product or marijuana in a motor vehicle.
new text end

new text begin A person is guilty of a misdemeanor if the person consumes a marijuana product or marijuana
in a motor vehicle when the motor vehicle is upon a street or highway.
new text end

Sec. 5.

Minnesota Statutes 2016, section 152.092, is amended to read:


152.092 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.

(a)new text begin Except as provided in section 152.211 or 152.212,new text end it is unlawful for any person
knowingly or intentionally to use or to possess drug paraphernalia. Any violation of this
section is a petty misdemeanor.

(b) A person who violates paragraph (a) and has previously violated paragraph (a) on
two or more occasions has committed a crime and may be sentenced to imprisonment for
up to 90 days or to payment of a fine up to $1,000, or both.

Sec. 6.

Minnesota Statutes 2016, section 152.093, is amended to read:


152.093 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA
PROHIBITED.

new text begin Except as provided in section 152.211 or 152.212, new text endit is unlawful for any person knowingly
or intentionally to deliver drug paraphernalia or knowingly or intentionally to possess or
manufacture drug paraphernalia for delivery. Any violation of this section is a misdemeanor.

Sec. 7.

new text begin [152.211] PERSONAL USE OF MARIJUANA.
new text end

new text begin (a) The following acts are not violations of this chapter and are not a basis for seizure
or forfeiture of assets for persons 21 years of age or older:
new text end

new text begin (1) to possess, use, display, purchase, or transport marijuana accessories, marijuana
products, or one ounce or less of marijuana;
new text end

new text begin (2) to possess, grow, process, or transport no more than six marijuana plants, with three
or fewer being mature, flowering plants, and possession of the marijuana produced by the
plants on the premises where the plants were grown, provided that the growing takes place
in an enclosed, locked space, is not conducted openly or publicly, and is not made available
for sale;
new text end

new text begin (3) to transfer one ounce or less of marijuana without remuneration to a person who is
21 years of age or older;
new text end

new text begin (4) to consume marijuana, provided that nothing in this section shall permit consumption
that is conducted openly and publicly or in a manner that endangers others; or
new text end

new text begin (5) to assist another person who is 21 years of age or older in any of the acts described
in clauses (1) to (4).
new text end

new text begin (b) Nothing in this section permits a person to engage in, and does not prevent the
imposition of any civil, criminal, or other penalties for, 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 marijuana.
new text end

Sec. 8.

new text begin [152.212] ACTIVITIES RELATED TO THE CULTIVATION,
TRANSPORTATION, MANUFACTURE, AND SALE OF MARIJUANA,
MARIJUANA PRODUCTS, AND MARIJUANA ACCESSORIES.
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, "marijuana cultivation facility,"
"marijuana product manufacturing facility," "marijuana testing facility," and "retail marijuana
store" have the meanings given in section 152B.01.
new text end

new text begin Subd. 2. new text end

new text begin Acts not violations of chapter. new text end

new text begin The following acts are not violations of this
chapter and are not a basis for seizure or forfeiture of assets for persons 21 years of age or
older:
new text end

new text begin (1) manufacture, possession, or purchase of marijuana accessories or the sale of marijuana
accessories to a person who is 21 years of age or older;
new text end

new text begin (2) possessing, displaying, or transporting marijuana or marijuana products; purchase
of marijuana from a marijuana cultivation facility; purchase of marijuana or marijuana
products from a marijuana product manufacturing facility; or the sale of marijuana or
marijuana products to consumers, if the person conducting the activities described in this
clause has a current, valid license to operate a retail marijuana store or is acting in the
person's capacity as an owner, employee, or agent of a licensed retail marijuana store;
new text end

new text begin (3) cultivating, harvesting, processing, packaging, transporting, displaying, or possessing
marijuana; delivery or transfer of marijuana to a marijuana testing facility; selling marijuana
to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail
marijuana store; or the purchase of marijuana from a marijuana cultivation facility, if the
person conducting the activities described in this clause has a current, valid license to operate
a marijuana cultivation facility or is acting in the person's capacity as an owner, employee,
or agent of a licensed marijuana cultivation facility;
new text end

new text begin (4) packaging, processing, transporting, manufacturing, displaying, or possessing
marijuana or marijuana products; delivery or transfer of marijuana or marijuana products
to a marijuana testing facility; selling marijuana or marijuana products to a retail marijuana
store or a marijuana product manufacturing facility; the purchase of marijuana from a
marijuana cultivation facility; or the purchase of marijuana or marijuana products from a
marijuana product manufacturing facility, if the person conducting the activities described
in this clause has a current, valid license to operate a marijuana product manufacturing
facility or is acting in the person's capacity as an owner, employee, or agent of a licensed
marijuana product manufacturing facility;
new text end

new text begin (5) possessing, cultivating, processing, repackaging, storing, transporting, displaying,
transferring, or delivering marijuana or marijuana products if the person conducting the
activities described in this clause has a current, valid license to operate a marijuana testing
facility or is acting in the person's capacity as an owner, employee, or agent of a licensed
marijuana testing facility; or
new text end

new text begin (6) leasing or otherwise allowing the use of property owned, occupied, or controlled by
any person, corporation, or other entity for any of the activities conducted lawfully in
accordance with this section.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 152.027, subdivision 4, new text end new text begin is repealed.
new text end

Sec. 10. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2018.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2248

152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.

Subd. 4.

Possession or sale of small amounts of marijuana.

(a) A person who unlawfully sells a small amount of marijuana for no remuneration, or who unlawfully possesses a small amount of marijuana is guilty of a petty misdemeanor and shall be required to participate in a drug education program unless the court enters a written finding that a drug education program is inappropriate. The program must be approved by an area mental health board with a curriculum approved by the state alcohol and drug abuse authority.

(b) A person convicted of an unlawful sale under paragraph (a) who is subsequently convicted of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor and shall be required to participate in a chemical dependency evaluation and treatment if so indicated by the evaluation.

(c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully and intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor. Compliance with the terms of the sentence imposed before conviction under this paragraph is an absolute defense.