SF 4059

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 09:16am

A bill for an act
relating to health; changing certain provisions in the medical cannabis program;
amending Minnesota Statutes 2019 Supplement, sections 152.22, subdivision 6;
152.27, subdivision 2.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 152.22, subdivision 6, is amended
to read:

Subd. 6.

Medical cannabis.

(a) "Medical cannabis" means any species of the genus
cannabis plant, or any mixture or preparation of them, including whole plant extracts and
resins deleted text begin , and is delivered in the form of: deleted text end new text begin .
new text end

deleted text begin (1) liquid, including, but not limited to, oil;
deleted text end

deleted text begin (2) pill;
deleted text end

deleted text begin (3) vaporized delivery method with use of liquid or oil but which does not require the
use of dried leaves or plant form; or
deleted text end

deleted text begin (4) any other method, excluding smoking, approved by the commissioner.
deleted text end

(b) This definition includes any part of the genus cannabis plant prior to being processed
deleted text begin into a form allowed under paragraph (a), deleted text end that is possessed by a person while that person is
engaged in employment duties necessary to carry out a requirement under sections 152.22
to 152.37 for a registered manufacturer or a laboratory under contract with a registered
manufacturer. This definition also includes any hemp acquired by a manufacturer by a hemp
grower as permitted under section 152.29, subdivision 1, paragraph (b).

Sec. 2.

Minnesota Statutes 2019 Supplement, section 152.27, subdivision 2, is amended
to read:

Subd. 2.

Commissioner duties.

(a) The commissioner shall:

(1) give notice of the program to health care practitioners in the state who are eligible
to serve as health care practitioners and explain the purposes and requirements of the
program;

(2) allow each health care practitioner who meets or agrees to meet the program's
requirements and who requests to participate, to be included in the registry program to
collect data for the patient registry;

(3) provide explanatory information and assistance to each health care practitioner in
understanding the nature of therapeutic use of medical cannabis within program requirements;

(4) create and provide a certification to be used by a health care practitioner for the
practitioner to certify whether a patient has been diagnosed with a qualifying medical
condition and include in the certification an option for the practitioner to certify whether
the patient, in the health care practitioner's medical opinion, is developmentally or physically
disabled and, as a result of that disability, the patient requires assistance in administering
medical cannabis or obtaining medical cannabis from a distribution facility;

(5) supervise the participation of the health care practitioner in conducting patient
treatment and health records reporting in a manner that ensures stringent security and
record-keeping requirements and that prevents the unauthorized release of private data on
individuals as defined by section 13.02;

(6) develop safety criteria for patients with a qualifying medical condition as a
requirement of the patient's participation in the program, to prevent the patient from
undertaking any task under the influence of medical cannabis that would constitute negligence
or professional malpractice on the part of the patient; and

(7) conduct research and studies based on data from health records submitted to the
registry program and submit reports on intermediate or final research results to the legislature
and major scientific journals. The commissioner may contract with a third party to complete
the requirements of this clause. Any reports submitted must comply with section 152.28,
subdivision 2.

(b) The commissioner may deleted text begin add a delivery method under section 152.22, subdivision 6,
or deleted text end add or modify a qualifying medical condition under section 152.22, subdivision 14, upon
a petition from a member of the public or the task force on medical cannabis therapeutic
research or as directed by law. The commissioner shall evaluate all petitions to add a
qualifying medical condition or modify an existing qualifying medical condition submitted
by the task force on medical cannabis therapeutic research or as directed by law and shall
make the addition or modification if the commissioner determines the addition or
modification is warranted based on the best available evidence and research. If the
commissioner wishes to add deleted text begin a delivery method under section 152.22, subdivision 6, or deleted text end a
qualifying medical condition under section 152.22, subdivision 14, the commissioner must
notify the chairs and ranking minority members of the legislative policy committees having
jurisdiction over health and public safety of the addition and the reasons for its addition,
including any written comments received by the commissioner from the public and any
guidance received from the task force on medical cannabis research, by January 15 of the
year in which the commissioner wishes to make the change. The change shall be effective
on August 1 of that year, unless the legislature by law provides otherwise.