SF 4255

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:55pm

A bill for an act
relating to health; modifying the medical cannabis program; allowing vaporization
of flower, dried leaves, or plant form; making changes to the definition of qualifying
medical condition; authorizing manufacturers to operate mobile distribution units
and to deliver medical cannabis and medical cannabis products; amending
Minnesota Statutes 2018, section 152.22, subdivision 14, by adding subdivisions;
Minnesota Statutes 2019 Supplement, sections 152.22, subdivision 6; 152.29,
subdivision 3a; 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 2018, section 152.22, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Delivery vehicle. new text end

new text begin "Delivery vehicle" means a motor vehicle as defined in
section 169.011, subdivision 42, that:
new text end

new text begin (1) is designed and originally manufactured to operate primarily on streets and highways;
and
new text end

new text begin (2) contains an enclosed cabin and an enclosed cargo-carrying area that may or may not
be separated from the operator's area.
new text end

Sec. 2.

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, and is delivered in the form of:

(1) liquid, including, but not limited to, oil;

(2) pill;

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

(4) any other method, excluding smoking, approved by the commissioner.

(b) This definition includes any part of the genus cannabis plant prior to being processed
into a form allowed under paragraph (a), 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. 3.

Minnesota Statutes 2018, section 152.22, is amended by adding a subdivision to
read:

new text begin Subd. 8a. new text end

new text begin Mobile distribution unit. new text end

new text begin "Mobile distribution unit" means a motor vehicle
as defined in section 169.011, subdivision 42, that:
new text end

new text begin (1) is designed and originally manufactured to operate primarily on streets and highways;
new text end

new text begin (2) contains an enclosed cabin and an enclosed cargo-carrying area that may or may not
be separated from the operator's area;
new text end

new text begin (3) is readily movable to multiple geographic locations in the geographical service areas
served by the manufacturer; and
new text end

new text begin (4) is used by a manufacturer to distribute medical cannabis and medical cannabis
products to patients enrolled in the registry program; registered designated caregivers; and
parents, legal guardians, and spouses of patients.
new text end

Sec. 4.

Minnesota Statutes 2018, section 152.22, subdivision 14, is amended to read:

Subd. 14.

Qualifying medical condition.

"Qualifying medical condition" means a
diagnosis of any of the following conditions:

(1) cancer deleted text begin , if the underlying condition or treatment produces one or more of the
following: deleted text end new text begin ;
new text end

deleted text begin (i) severe or chronic pain;
deleted text end

deleted text begin (ii) nausea or severe vomiting; or
deleted text end

deleted text begin (iii) cachexia or severe wasting;
deleted text end

(2) glaucoma;

(3) human immunodeficiency virus or acquired immune deficiency syndrome;

(4) Tourette's syndrome;

(5) amyotrophic lateral sclerosis;

(6) seizures, including those characteristic of epilepsy;

(7) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;

(8) inflammatory bowel disease, including Crohn's disease;

(9) terminal illness, with a probable life expectancy of under one year deleted text begin , if the illness or
its treatment produces one or more of the following: deleted text end new text begin ; or
new text end

deleted text begin (i) severe or chronic pain;
deleted text end

deleted text begin (ii) nausea or severe vomiting; or
deleted text end

deleted text begin (iii) cachexia or severe wasting; or
deleted text end

(10) any other medical condition or its treatment approved by the commissioner.

Sec. 5.

Minnesota Statutes 2019 Supplement, section 152.29, subdivision 3a, is amended
to read:

Subd. 3a.

Transportation of medical cannabis; staffing.

(a) A medical cannabis
manufacturer may staff a transport motor vehicle with only one employee if the medical
cannabis manufacturer is transporting medical cannabis to either a certified laboratory for
the purpose of testing or a facility for the purpose of disposal new text begin , or is delivering medical
cannabis according to section 152.294 new text end . If the medical cannabis manufacturer is transporting
medical cannabis for any other purpose or destination, the transport motor vehicle must be
staffed with a minimum of two employees as required by rules adopted by the commissioner.

(b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only
transporting hemp for any purpose may staff the transport motor vehicle with only one
employee.

Sec. 6.

new text begin [152.292] MANUFACTURER; MOBILE DISTRIBUTION UNITS.
new text end

new text begin Subdivision 1. new text end

new text begin Operation of mobile distribution units authorized. new text end

new text begin In addition to
operating eight distribution facilities as required under section 152.29, subdivision 1, a
manufacturer may operate one or more mobile distribution units to distribute medical
cannabis and medical cannabis products to patients enrolled in the registry program;
registered designated caregivers; and parents, legal guardians, and spouses of patients. A
manufacturer shall operate a mobile distribution unit only in the geographical service areas
served by the manufacturer. In operating a mobile distribution unit, manufacturer employees
shall drive a mobile distribution unit to specific, predetermined locations according to a
predetermined schedule established by the manufacturer, and shall distribute medical
cannabis in compliance with section 152.29, subdivision 3. The predetermined schedule
must list specific locations at which the mobile distribution unit will distribute medical
cannabis and specific dates and times for each location. A manufacturer operating one or
more mobile distribution units may but is not required to distribute medical cannabis products
from a mobile distribution unit.
new text end

new text begin Subd. 2. new text end

new text begin Locations for operation. new text end

new text begin Before a mobile distribution unit begins operations
at a specific location, a manufacturer must obtain permission from the property owner for
the mobile distribution unit to operate at that location. A mobile distribution unit shall not
operate within 1,000 feet of a public or private school.
new text end

new text begin Subd. 3. new text end

new text begin Staffing. new text end

new text begin A manufacturer must staff a mobile distribution unit with a minimum
of two manufacturer employees, at least one of whom must be a pharmacist who gives final
approval for the distribution of medical cannabis to patients.
new text end

new text begin Subd. 4. new text end

new text begin Notice of schedule. new text end

new text begin A manufacturer operating a mobile distribution unit may
provide notice on the manufacturer's website of the mobile distribution unit's predetermined
schedule and may provide patients with notice of the mobile distribution unit's predetermined
schedule at the point of sale at a distribution facility or mobile distribution unit. All other
notices by a manufacturer regarding a mobile distribution unit's predetermined schedule are
subject to Minnesota Rules, part 4770.0800, subpart 2.
new text end

new text begin Subd. 5. new text end

new text begin Deviation from schedule. new text end

new text begin A mobile distribution unit shall not deviate from
the predetermined schedule established by the manufacturer unless necessary for rest, fuel,
or vehicle repair stops, or because road conditions make continued use of the route unsafe,
impossible, or impractical.
new text end

new text begin Subd. 6. new text end

new text begin Security requirements. new text end

new text begin A mobile distribution unit shall not carry medical
cannabis and medical cannabis products with a combined value in excess of $....... at any
time. A manufacturer operating a mobile distribution unit must establish specific security
requirements for mobile distribution units to deter or prevent theft and unauthorized access
into areas containing medical cannabis.
new text end

Sec. 7.

new text begin [152.294] MANUFACTURER; DELIVERY TO PATIENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Delivery of medical cannabis authorized. new text end

new text begin (a) A manufacturer may
deliver medical cannabis and medical cannabis products from a manufacturer's distribution
facility to patients enrolled in the registry program; registered designated caregivers; and
parents, legal guardians, and spouses of patients. A manufacturer that chooses to offer
delivery services may but is not required to deliver medical cannabis products.
new text end

new text begin (b) All deliveries must be performed by employees of the manufacturer.
new text end

new text begin Subd. 2. new text end

new text begin Delivery request. new text end

new text begin A patient; registered designated caregiver; or parent, legal
guardian, or spouse of a patient may request delivery by the manufacturer operating in the
geographical service area in which the patient resides of up to a 90-day supply of the patient's
medical cannabis and of medical cannabis products. The patient or other person requesting
delivery must provide the manufacturer with the information necessary to confirm that the
patient is enrolled in the registry program and must specify the physical address to which
the medical cannabis and medical cannabis products will be delivered.
new text end

new text begin Subd. 3. new text end

new text begin Delivery requirements. new text end

new text begin (a) Before leaving a distribution facility, a delivery
employee must have an inventory ledger with information on the medical cannabis and
medical cannabis products in the possession of the delivery employee and on the patients
or other persons authorized to accept delivery. All deliveries must be made in person and
made directly to a patient; registered designated caregiver; or parent, legal guardian, or
spouse of a patient. When a delivery employee arrives at an address to make a delivery, the
delivery employee may only transfer medical cannabis and medical cannabis products to a
person accepting delivery after the delivery employee checks the identification of the person
accepting delivery and confirms that the person is a patient; registered designated caregiver;
or parent, legal guardian, or spouse of a patient. Upon receipt of medical cannabis and
medical cannabis products from the delivery employee, the person accepting delivery must
sign the inventory ledger or another document to indicate receipt of the delivered items,
and the delivery employee must provide the person accepting delivery with a receipt for
the delivered items. After each delivery, the delivery employee must update the inventory
ledger to reflect the current inventory in the possession of the delivery employee.
new text end

new text begin (b) When a delivery employee returns to a distribution facility at the end of the employee's
scheduled deliveries, all undelivered medical cannabis and medical cannabis products must
be returned to the inventory of the distribution facility.
new text end

new text begin Subd. 4. new text end

new text begin Deviation from schedule. new text end

new text begin When making deliveries, a delivery employee shall
only travel from the distribution facility to a delivery address; from one delivery address to
another delivery address; or from a delivery address back to the distribution facility. A
delivery employee shall not deviate from this delivery path unless necessary for rest, fuel,
or vehicle repair stops, or because road conditions make continued use of the route unsafe,
impossible, or impractical.
new text end

new text begin Subd. 5. new text end

new text begin Delivery limitations; security requirements. new text end

new text begin (a) A manufacturer shall deliver
medical cannabis and medical cannabis products only to specific physical addresses. A
manufacturer is prohibited from delivering medical cannabis to prekindergarten programs,
primary or secondary schools, child care facilities, or, during their hours of operation, family
day care or group family day care programs.
new text end

new text begin (b) A manufacturer must establish security requirements for delivery vehicles and security
procedures for the delivery of medical cannabis and medical cannabis products to deter or
prevent theft. A delivery employee shall:
new text end

new text begin (1) make deliveries using a delivery vehicle;
new text end

new text begin (2) ensure that medical cannabis and medical cannabis products in the delivery vehicle
are not visible to the public and are maintained in a locked container until removed from
the locked container for transfer to patients or others; and
new text end

new text begin (3) not leave medical cannabis and medical cannabis products unattended in a delivery
vehicle unless the vehicle is locked and the vehicle's alarm system is activated.
new text end

new text begin (c) A delivery vehicle shall not carry medical cannabis and medical cannabis products
with a combined value in excess of $....... at any time.
new text end

new text begin Subd. 6. new text end

new text begin Staffing. new text end

new text begin A manufacturer may staff a delivery vehicle with one employee of
the manufacturer.
new text end