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SF 1540

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/14/2023 08:20am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to health; requiring the commissioner of health to apply for a federal
Schedule I exemption for the medical use of cannabis; amending Minnesota Statutes
2022, section 152.32, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 152.32, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Presumptiondeleted text end new text begin Presumptionsnew text end .

(a) There is a presumption that a patient
enrolled in the registry program under sections 152.22 to 152.37 is engaged in the authorized
use of medical cannabis.

(b) The presumption new text begin in paragraph (a) new text end may be rebutted by evidence that conduct related
to use of medical cannabis 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.

new text begin (c) Sections 152.22 to 152.37 do not create any positive conflict with federal drug laws
or regulations and are consistent with United States Code, title 21, section 903.
 new text end

Sec. 2. new text begin FEDERAL SCHEDULE I EXEMPTION APPLICATION FOR MEDICAL
USE OF CANNABIS.
new text end

new text begin By September 1, 2023, the commissioner of health shall apply to the Drug Enforcement
Administration's Office of Diversion Control for an exception under Code of Federal
Regulations, title 21, section 1307.03, and request formal written acknowledgment that the
listing of marijuana, marijuana extract, and tetrahydrocannabinols as controlled substances
in federal Schedule I does not apply to the protected activities in Minnesota Statutes, section
152.32, subdivision 2, pursuant to the medical cannabis program established under Minnesota
Statutes, sections 152.22 to 152.37. The application shall include the list of presumptions
in Minnesota Statutes, section 152.32, subdivision 1.
 new text end