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SF 3823

as introduced - 90th Legislature (2017 - 2018) Posted on 03/27/2018 08:58am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to health; clarifying the ability of registered designated caregivers to be
enrolled in the medical cannabis registry program as patients; amending Minnesota
Statutes 2016, section 152.27, subdivision 4.

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

Section 1.

Minnesota Statutes 2016, section 152.27, subdivision 4, is amended to read:


Subd. 4.

Registered designated caregiver.

(a) The commissioner shall register a
designated caregiver for a patient if the patient's health care practitioner has certified that
the patient, in the health care practitioner's medical opinion, is developmentally or physically
disabled and, as a result of that disability, the patient is unable to self-administer medication
or acquire medical cannabis from a distribution facility and the caregiver has agreed, in
writing, to be the patient's designated caregiver. As a condition of registration as a designated
caregiver, the commissioner shall require the person to:

(1) be at least 21 years of age;

(2) agree to only possess deleted text begin anydeleted text end new text begin the patient'snew text end medical cannabis for purposes of assisting the
patient; and

(3) agree that if the application is approved, the person will not be a registered designated
caregiver for more than one patient, unless the patients reside in the same residence.

(b) The commissioner shall conduct a criminal background check on the designated
caregiver prior to registration to ensure that the person does not have a conviction for a
disqualifying felony offense. Any cost of the background check shall be paid by the person
seeking registration as a designated caregiver.

new text begin (c) Nothing in sections 152.22 to 152.37 shall be construed to prevent a person registered
as a designated caregiver from also being enrolled in the registry program as a patient and
possessing and using medical cannabis as a patient.
 new text end