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SF 1973

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; providing for the medical use of
marijuana; providing civil and criminal penalties;
proposing coding for new law in Minnesota Statutes,
chapter 152.

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

Section 1.

new text begin [152.22] 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 sections
152.22 to 152.31, 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 Commissioner. new text end

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

new text begin Subd. 3. new text end

new text begin Debilitating medical condition. new text end

new text begin "Debilitating
medical condition" means:
new text end

new text begin (1) cancer, glaucoma, acquired immune deficiency syndrome,
hepatitis C, or the treatment of these conditions;
new text end

new text begin (2) a chronic or debilitating disease or medical condition
or its treatment that produces one or more of the following:
cachexia or wasting syndrome; severe or chronic pain; severe
nausea; seizures, including but not limited to those
characteristic of epilepsy; severe and persistent muscle spasms,
including but not limited to those characteristic of multiple
sclerosis and Crohn's disease; or agitation of Alzheimer's
disease;
new text end

new text begin (3) the condition of an HIV-positive patient when the
patient's condition has worsened and the patient's physician
believes the patient could benefit from consumption of
marijuana; or
new text end

new text begin (4) any other medical condition or its treatment approved
by the commissioner under section 152.24.
new text end

new text begin Subd. 4. new text end

new text begin Medical use. new text end

new text begin "Medical use" means the
acquisition, possession, cultivation, manufacture, use,
delivery, transfer, or transportation of marijuana or
paraphernalia relating to the consumption of marijuana to
alleviate a registered qualifying patient's debilitating medical
condition or symptoms associated with the medical condition.
new text end

new text begin Subd. 5. new text end

new text begin Practitioner. new text end

new text begin "Practitioner" means a person who
is licensed with the authority to prescribe drugs under section
151.01, subdivision 23.
new text end

new text begin Subd. 6. new text end

new text begin Primary supplier. new text end

new text begin "Primary supplier" means a
person who is at least 18 years old and who has agreed to assist
with a qualifying patient's medical use of marijuana. A primary
supplier may assist no more than five qualifying patients with
their medical use of marijuana.
new text end

new text begin Subd. 7. new text end

new text begin Qualifying patient. new text end

new text begin "Qualifying patient" means
a person who has been diagnosed by a practitioner as having a
debilitating medical condition.
new text end

new text begin Subd. 8. new text end

new text begin Registry identification card. new text end

new text begin "Registry
identification card" means a document issued by the commissioner
that identifies a person as a qualifying patient or primary
supplier.
new text end

new text begin Subd. 9. new text end

new text begin Usable marijuana. new text end

new text begin "Usable marijuana" means the
dried leaves and flowers of the marijuana plant, and any mixture
or preparation thereof, but does not include the seeds, stalks,
and roots of the plant.
new text end

new text begin Subd. 10. new text end

new text begin Written certification. new text end

new text begin "Written certification"
means the qualifying patient's medical records, or a statement
signed by a practitioner, stating that in the practitioner's
professional opinion the potential benefits of the medical use
of marijuana would likely outweigh the health risks for the
qualifying patient. A written certification shall only be made
in the course of a bona fide practitioner-patient relationship
after the practitioner has completed a full assessment of the
qualifying patient's medical history. The written certification
shall specify the qualifying patient's debilitating medical
condition or conditions.
new text end

Sec. 2.

new text begin [152.23] PROTECTIONS FOR THE MEDICAL USE OF
MARIJUANA.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifying patient. new text end

new text begin A qualifying patient
who has a registry identification card in possession shall not
be subject to arrest, prosecution, or penalty in any manner or
denied any right or privilege, including but not limited to
civil penalty or disciplinary action by a business,
occupational, or professional licensing board or bureau, for the
medical use of marijuana, provided that the qualifying patient
possesses an amount of marijuana that does not exceed 12
marijuana plants and 2.5 ounces of usable marijuana.
new text end

new text begin Subd. 2. new text end

new text begin Primary supplier. new text end

new text begin A primary supplier who has a
registry identification card in possession shall not be subject
to arrest, prosecution, or penalty in any manner or denied any
right or privilege, including but not limited to civil penalty
or disciplinary action by a business, occupational, or
professional licensing board or bureau, for assisting a
qualifying patient to whom the supplier is connected through the
commissioner's registration process with the medical use of
marijuana, provided that the primary supplier possesses an
amount of marijuana that does not exceed 12 marijuana plants and
2.5 ounces of usable marijuana for each qualifying patient to
whom the supplier is connected through the commissioner's
registration process.
new text end

new text begin Subd. 3. new text end

new text begin Discrimination prohibited. new text end

new text begin No school, employer,
or landlord may refuse to enroll, employ, lease to, or otherwise
penalize a person solely for the person's status as a registered
qualifying patient or a registered primary supplier.
new text end

new text begin Subd. 4. new text end

new text begin Presumption. new text end

new text begin (a) There is a presumption that a
qualifying patient or primary supplier is engaged in the medical
use of marijuana if the qualifying patient or primary supplier:
new text end

new text begin (1) is in possession of a registry identification card; and
new text end

new text begin (2) is in possession of an amount of marijuana that does
not exceed the amount permitted under sections 152.22 to 152.31.
new text end

new text begin (b) The presumption may be rebutted by evidence that
conduct related to marijuana was not for the purpose of
alleviating the qualifying patient's debilitating medical
condition or symptoms associated with the medical condition.
new text end

new text begin Subd. 5.new text end [SUPPLIER'S REIMBURSEMENT.] new text begin A primary supplier
may receive reimbursement for costs associated with assisting
with a registered qualifying patient's medical use of marijuana.
Compensation does not constitute sale of controlled substances.
new text end

new text begin Subd. 6. new text end

new text begin Practitioner. new text end

new text begin A practitioner shall not be
subject to arrest, prosecution, or penalty in any manner or
denied any right or privilege, including but not limited to
civil penalty or disciplinary action by the Board of Medical
Practice or by another business, occupational, or professional
licensing board or bureau, solely for providing written
certifications or otherwise stating that, in the practitioner's
professional opinion, the potential benefits of the medical use
of marijuana would likely outweigh the health risks for a
patient.
new text end

new text begin Subd. 7. new text end

new text begin Property rights. new text end

new text begin (a) Any interest in or right
to property that is possessed, owned, or used in connection with
the medical use of marijuana, or acts incidental to such use, is
not forfeited.
new text end

new text begin (b) A law enforcement agency that seizes and does not
return usable marijuana to a registered qualifying patient or a
registered primary supplier is liable to the cardholder for the
fair market value of the marijuana.
new text end

new text begin Subd. 8. new text end

new text begin Arrest and prosecution prohibited. new text end

new text begin No person is
subject to arrest or prosecution for constructive possession,
conspiracy, aiding and abetting, being an accessory, or any
other offense for being in the presence or vicinity of the
medical use of marijuana as permitted under sections 152.22 to
152.31 or for assisting a registered qualifying patient with
using or administering marijuana.
new text end

new text begin Subd. 9. new text end

new text begin Reciprocity. new text end

new text begin A registry identification card, or
its equivalent, issued under the laws of another state, United
States territory, or the District of Columbia to permit the
medical use of marijuana by a qualifying patient, or to permit a
person to assist with a qualifying patient's medical use of
marijuana, shall have the same force and effect as a registry
identification card issued by the commissioner.
new text end

Sec. 3.

new text begin [152.24] RULEMAKING.
new text end

new text begin (a) Not later than 90 days after the effective date of this
section, the commissioner shall adopt rules governing the manner
in which the commissioner shall consider petitions from the
public to add debilitating medical conditions to those included
under section 152.22, subdivision 3. When considering
petitions, the commissioner shall give public notice of and an
opportunity to comment at a public hearing upon the petitions.
The commissioner shall, after a public hearing, approve or deny
petitions within 180 days of submission. The approval or denial
of a petition is a final agency action, subject to judicial
review. Jurisdiction and venue for judicial review are vested
in the district court. The denial of a petition does not
disqualify qualifying patients with that condition if they have
a debilitating medical condition. The denial of a petition does
not prevent a person with the denied condition from raising an
affirmative defense.
new text end

new text begin (b) Not later than 90 days after the effective date of this
section, the commissioner shall adopt rules governing the manner
in which the commissioner shall consider applications for and
renewals of registry identification cards for qualifying
patients and primary suppliers. Notwithstanding section
16A.1283, the commissioner shall establish application and
renewal fees that generate revenues sufficient to offset all
expenses of implementing and administering sections 152.22 to
152.31. The commissioner may vary the application and renewal
fees along a sliding scale that accounts for a qualifying
patient's income. The commissioner may accept donations from
private sources to reduce the application and renewal fees.
new text end

Sec. 4.

new text begin [152.25] REGISTRY IDENTIFICATION CARDS;
ISSUANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements; issuance. new text end

new text begin (a) The
commissioner shall issue registry identification cards to
qualifying patients who submit:
new text end

new text begin (1) a written certification;
new text end

new text begin (2) the application or renewal fee;
new text end

new text begin (3) the name, address, and date of birth of the qualifying
patient, except that if the applicant is homeless, no address is
required;
new text end

new text begin (4) the name, address, and telephone number of the
qualifying patient's practitioner; and
new text end

new text begin (5) the name, address, and date of birth of each primary
supplier of the qualifying patient, if any.
new text end

new text begin (b) The commissioner shall not issue a registry
identification card to a qualifying patient under the age of 18
unless:
new text end

new text begin (1) the qualifying patient's practitioner 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 qualifying patient; and
new text end

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

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

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

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

new text begin (c) The commissioner shall verify the information contained
in an application or renewal submitted under this section and
shall approve or deny an application or renewal within 15 days
of receiving it. The commissioner may deny an application or
renewal only if the applicant did not provide the information
required under this section or if the commissioner determines
that the information provided was falsified. Rejection of an
application or renewal is a final agency action, subject to
judicial review. Jurisdiction and venue for judicial review are
vested in the district court.
new text end

new text begin (d) The commissioner shall issue a registry identification
card to each primary supplier, if any, who is named in a
qualifying patient's approved application, up to a maximum of
two primary suppliers per qualifying patient.
new text end

new text begin (e) The commissioner shall issue a registry identification
card within five days of approving an application or renewal.
The card expires one year after the date of issuance. A
registry identification card shall contain:
new text end

new text begin (1) the name, address, and date of birth of the qualifying
patient;
new text end

new text begin (2) the name, address, and date of birth of each primary
supplier of the qualifying patient, if any;
new text end

new text begin (3) the date of issuance and expiration date of the
registry identification card;
new text end

new text begin (4) a random registry identification number; and
new text end

new text begin (5) a photograph, if the commissioner adopts rules to
require one.
new text end

new text begin Subd. 2. new text end

new text begin Notification of changes; penalties. new text end

new text begin (a) A
qualifying patient who has been issued a registry identification
card shall notify the commissioner within ten days of any change
in the qualifying patient's name, address, or primary supplier
or if the qualifying patient ceases to have a debilitating
medical condition.
new text end

new text begin (b) Failure to notify the commissioner of a change as
required under paragraph (a) is a civil violation, punishable by
a fine of no more than $150. If the person has ceased to have a
debilitating medical condition, the card is null and void and
the person is liable for any other penalties that may apply to
the person's nonmedical use of marijuana.
new text end

new text begin (c) A registered primary supplier shall notify the
commissioner within ten days of any change in the supplier's
name or address. Failure to notify the commissioner of the
change is a civil violation, punishable by a fine of no more
than $150.
new text end

new text begin (d) When a qualifying patient or primary supplier notifies
the commissioner of any changes under this subdivision, the
commissioner shall issue the qualifying patient and each primary
supplier a new registry identification card within ten days of
receiving the updated information and a $10 fee.
new text end

new text begin (e) When a registered qualifying patient ceases to use the
assistance of a registered primary supplier, the commissioner
shall notify the primary supplier within ten days. The primary
supplier's protections as provided under section 152.23 expire
ten days after notification by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Lost cards. new text end

new text begin If a registered qualifying patient
or a registered primary supplier loses a registry identification
card, the patient or supplier shall notify the commissioner and
submit a $10 fee within ten days of losing the card. Within
five days, the commissioner shall issue a new registry
identification card with a new random identification number.
new text end

new text begin Subd. 4. new text end

new text begin Card as probable cause. new text end

new text begin Possession of, or
application for, a registry identification card does not
constitute probable cause or reasonable suspicion, nor shall it
be used to support search of the person or property of the
person possessing or applying for the registry identification
card, or otherwise subject the person or property of the person
to inspection by any governmental agency.
new text end

new text begin Subd. 5. new text end

new text begin Confidentiality. new text end

new text begin (a) Registration applications
and supporting information submitted by qualifying patients,
including information regarding their primary suppliers and
practitioners, are confidential.
new text end

new text begin (b) The commissioner shall maintain a confidential list of
the persons to whom the commissioner has issued registry
identification cards. Individual names and other identifying
information on the list are private data on individuals under
chapter 13 and are not subject to disclosure, except to
authorized employees of the Department of Health as necessary to
perform official duties of the department.
new text end

new text begin (c) The commissioner shall verify to law enforcement
personnel whether a registry identification card is valid solely
by confirming the random registry identification card number.
new text end

new text begin (d) It is a crime, punishable by up to 180 days in jail and
a $1,000 fine, for a person, including an employee or official
of the Department of Health or another state agency or local
government, to breach the confidentiality of information
obtained under sections 152.22 to 152.31. Notwithstanding this
paragraph, employees of the Department of Health may notify law
enforcement about falsified or fraudulent information submitted
to the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin The commissioner shall report annually
to the legislature on the number of applications for registry
identification cards, the number of qualifying patients and
primary suppliers approved, the nature of the debilitating
medical conditions of the qualifying patients, the number of
registry identification cards revoked, and the number of
practitioners providing written certification for qualifying
patients. The commissioner shall not provide any identifying
information of qualifying patients, primary suppliers, or
practitioners.
new text end

Sec. 5.

new text begin [152.26] CONSTRUCTION.
new text end

new text begin (a) Sections 152.22 to 152.31 do not permit:
new text end

new text begin (1) a person to undertake a task under the influence of
marijuana, when doing so would constitute negligence or
professional malpractice;
new text end

new text begin (2) smoking of marijuana:
new text end

new text begin (i) in a school bus or other form of public transportation;
new text end

new text begin (ii) on school grounds;
new text end

new text begin (iii) in a correctional facility; or
new text end

new text begin (iv) in any public place; and
new text end

new text begin (3) a person to operate, navigate, or be in actual physical
control of any motor vehicle, aircraft, or motorboat while under
the influence of marijuana. However, a registered qualifying
patient shall not be considered to be under the influence solely
for having marijuana metabolites in the patient's system.
new text end

new text begin (b) Nothing in sections 152.22 to 152.31 shall be construed
to require:
new text end

new text begin (1) a government medical assistance program or private
health insurer to reimburse a person for costs associated with
the medical use of marijuana; or
new text end

new text begin (2) an employer to accommodate the medical use of marijuana
in any workplace.
new text end

Sec. 6.

new text begin [152.27] PENALTIES.
new text end

new text begin Fraudulent representation to a law enforcement official of
any fact or circumstance relating to the medical use of
marijuana to avoid arrest or prosecution is punishable by a fine
of $500, which shall be in addition to any other penalties that
may apply for making a false statement and for the nonmedical
use of marijuana.
new text end

Sec. 7.

new text begin [152.28] AFFIRMATIVE DEFENSE AND DISMISSAL FOR
MEDICAL USE OF MARIJUANA.
new text end

new text begin (a) Except as provided in section 152.27, a person and a
person's primary supplier, if any, may assert the medical
purpose for using marijuana as a defense to any prosecution
involving marijuana, and such defense shall be presumed valid
where the evidence shows that:
new text end

new text begin (1) the person's medical records indicate, or a
practitioner has stated that, in the practitioner's professional
opinion, after having completed a full assessment of the
person's medical history and current medical condition made in
the course of a bona fide practitioner-patient relationship, the
potential benefits of using marijuana for medical purposes would
likely outweigh the health risks for the person; and
new text end

new text begin (2) the person and the person's primary supplier, if any,
were collectively in possession of a quantity of marijuana that
was not more than was reasonably necessary to ensure the
uninterrupted availability of marijuana for the purpose of
alleviating the person's medical condition or symptoms
associated with the medical condition.
new text end

new text begin (b) A person may assert the medical purpose for using
marijuana in a motion to dismiss and the charges shall be
dismissed following an evidentiary hearing when the defendant
shows the elements listed in paragraph (a).
new text end

new text begin (c) Any interest in or right to property that was
possessed, owned, or used in connection with a person's use of
marijuana for medical purposes is not forfeited if the person or
the person's primary supplier demonstrates the person's medical
purpose for using marijuana pursuant to sections 152.22 to
152.31.
new text end

Sec. 8.

new text begin [152.30] SEVERABILITY.
new text end

new text begin Any provision of sections 152.22 to 152.31 being held
invalid as to any person or circumstances shall not affect the
application of any other provision of sections 152.22 to 152.31
that can be given full effect without the invalid section or
application.
new text end

Sec. 9.

new text begin [152.31] REGISTERED ORGANIZATION.
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,
"registered organization" means a nonprofit entity registered
with the commissioner under this section that acquires,
possesses, cultivates, manufactures, delivers, transfers,
transports, supplies, or dispenses marijuana, cultivation
equipment, related supplies and educational materials, or
marijuana seeds to registered qualifying patients and their
registered primary suppliers. A registered organization is a
primary supplier, although it may supply marijuana to any number
of registered qualifying patients who have designated it as one
of their primary suppliers.
new text end

new text begin Subd. 2. new text end

new text begin Registration requirements. new text end

new text begin (a) The commissioner
shall issue a registered organization license within 20 days to
any person who complies with rules adopted by the commissioner
and provides:
new text end

new text begin (1) a fee in an amount established by the commissioner
notwithstanding section 16A.1283, which shall not exceed $1,000;
new text end

new text begin (2) the name of the registered organization;
new text end

new text begin (3) the physical addresses of the registered organization
and any other real property where marijuana is to be possessed,
cultivated, manufactured, supplied, or dispensed relating to the
operations of the registered organization; and
new text end

new text begin (4) the name, address, and date of birth of any person who
is an agent of or employed by the registered organization.
new text end

new text begin (b) The commissioner shall issue each agent and employee of
a registered organization a registry identification card for a
cost of $10 each within ten days of receipt of the person's
identifying information and the fee. Each card shall specify
that the cardholder is an employee or agent of a registered
organization.
new text end

new text begin Subd. 3. new text end

new text begin Expiration. new text end

new text begin A license for a registered
organization and each employee or agent registry identification
card expires one year after the date of issuance.
new text end

new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin Not later than 90 days after the
effective date of this section, the commissioner shall adopt
rules to implement this section, including:
new text end

new text begin (1) procedures for the oversight of registered
organizations, record keeping and reporting requirements for
registered organizations, procedures for the transference or
sale of seized cultivation equipment and related supplies from
law enforcement agencies to registered organizations, and
procedures for suspending or terminating the licenses of
registered organizations; and
new text end

new text begin (2) the form and content of the license and renewal
applications.
new text end

new text begin Subd. 5. new text end

new text begin Inspection. new text end

new text begin Registered organizations are
subject to reasonable inspection by the commissioner to
determine that applicable rules are being followed. Reasonable
notice shall be given prior to the inspections.
new text end

new text begin Subd. 6. new text end

new text begin Organization requirements. new text end

new text begin (a) Registered
organizations must be established as nonprofit entities.
Registered organizations are subject to all applicable state
laws governing nonprofit entities, but need not be recognized as
a 501(c)(3) organization by the Internal Revenue Service.
new text end

new text begin (b) Registered organizations may not be located within 500
feet of the property line of a public school, private school, or
structure used primarily for religious services or worship.
new text end

new text begin (c) The operating documents of a registered organization
shall include procedures for the oversight of the registered
organization and procedures to ensure adequate record keeping.
new text end

new text begin (d) A registered organization shall notify the commissioner
within ten days of when an employee or agent ceases to work at
the registered organization.
new text end

new text begin (e) The registered organization shall notify the
commissioner before a new agent or employee begins working at
the registered organization, in writing, and the organization
shall submit a $10 fee for the person's registry identification
card.
new text end

new text begin (f) No registered organization shall be subject to
prosecution, search, seizure, or penalty in any manner or denied
any right or privilege, including but not limited to civil
penalty or disciplinary action by a business, occupational, or
professional licensing board or bureau, for acting according to
sections 152.22 to 152.31 and rules adopted thereunder to assist
registered qualifying patients to whom it is connected through
the commissioner's registration process with the medical use of
marijuana, provided that the registered organization possesses
an amount of marijuana that does not exceed 12 marijuana plants
and 2.5 ounces of usable marijuana for each registered
qualifying patient.
new text end

new text begin (g) No employees, agents, or board members of a registered
organization shall be subject to arrest, prosecution, search,
seizure, or penalty in any manner or denied any right or
privilege, including but not limited to civil penalty or
disciplinary action by a business, occupational, or professional
licensing board or bureau, for working for a registered
organization according to sections 152.22 to 152.31.
new text end

new text begin (h) The registered organization is prohibited from:
new text end

new text begin (1) obtaining marijuana from outside the state in violation
of federal law; or
new text end

new text begin (2) acquiring, possessing, cultivating, manufacturing,
delivering, transferring, transporting, supplying, or dispensing
marijuana for any purpose except to assist registered qualifying
patients with the medical use of marijuana directly or through
the qualifying patients' other primary suppliers.
new text end

new text begin (i) A municipality may not prevent a registered
organization from operating according to sections 152.22 to
152.31 in an area where zoning permits retail businesses.
new text end

new text begin (j) If provisions of this section are enjoined or declared
unconstitutional, then enforcing laws against delivery of
marijuana for consideration to registered qualifying patients
shall be the lowest priority of law enforcement.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective the day following final
enactment.
new text end