SF 1973

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing for the medical use of marijuana; providing civil
and criminal penalties; amending Minnesota Statutes 2004, section 13.3806,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 152.

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

Section 1.

Minnesota Statutes 2004, section 13.3806, is amended by adding a
subdivision to read:

new text begin Subd. 21. new text end

new text begin Medical use of marijuana registry. new text end

new text begin Data collected by the commissioner
of health relating to registrations for the medical use of marijuana are classified in section
152.25, subdivision 5.
new text end

Sec. 2.

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 Allowable amount of marijuana. new text end

new text begin (a) With respect to a qualifying patient,
the "allowable amount of marijuana" means 2.5 ounces of usable marijuana. An allowable
amount of marijuana for a qualifying patient does not include marijuana plants.
new text end

new text begin (b) With respect to a primary supplier or registered organization, the allowable
amount of marijuana for each patient means:
new text end

new text begin (1) 12 marijuana plants;
new text end

new text begin (2) 2.5 ounces of usable marijuana; and
new text end

new text begin (3) any amount of other parts of the marijuana plant.
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 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. 5. 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. 6. new text end

new text begin Practitioner. new text end

new text begin "Practitioner" means a licensed doctor of medicine or
licensed doctor of osteopathy licensed to practice medicine.
new text end

new text begin Subd. 7. 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. 8. 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. A qualifying
patient may not be a primary supplier.
new text end

new text begin Subd. 9. 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. 10. 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. 11. 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. 3.

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 possesses a registry
identification card is not civilly or criminally liable and may not be denied any right or
privilege for possession for medical use of an amount of marijuana that does not exceed
the allowable amount. This immunity includes a civil penalty or disciplinary action by a
business, occupational, or professional licensing board.
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 possesses a registry
identification card is not civilly or criminally liable and may not be denied any right or
privilege for:
new text end

new text begin (1) assisting a registered qualifying patient for whom the supplier is a registered
primary supplier in obtaining for medical use an allowable amount of marijuana; or
new text end

new text begin (2) possessing an amount of marijuana that does not exceed the total of the allowable
amounts for the registered qualifying patients for whom the supplier is a registered
primary supplier.
new text end

new text begin This immunity includes a civil penalty or disciplinary action by a business,
occupational, or professional licensing board.
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

new text begin Supplier's reimbursement. new text end

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. 4.

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 4. 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. 5.

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 Data practices. new text end

new text begin (a) Data in registration applications and supporting data
submitted by qualifying patients, including data on primary suppliers and practitioners,
are private data on individuals or nonpublic data as defined in section 13.02.
new text end

new text begin (b) The commissioner shall maintain a list of persons to whom the commissioner
has issued registry identification cards. Data in the list are private data on individuals or
nonpublic data except that:
new text end

new text begin (1) upon request of a law enforcement agency, the commissioner shall verify whether
a registry identification card is valid based on the card number; and
new text end

new text begin (2) the commissioner may notify law enforcement of falsified or fraudulent
information submitted for purposes of obtaining or renewing a registration card.
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
must not include identifying information on qualifying patients, primary suppliers, or
practitioners in the report.
new text end

Sec. 6.

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

new text begin (c) Nothing in sections 152.22 to 152.30 prevents a court from limiting or prohibiting
the possession or use of marijuana as a condition of probation or conditional release.
new text end

Sec. 7.

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. 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
organized as a nonprofit corporation under chapter 317A or a similar law of another state.
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 articles or bylaws 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 the total of
the allowable amounts of marijuana for the registered qualifying patients for whom the
organization is a registered primary supplier.
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