SF 4487

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/05/2024 08:52am

A bill for an act
relating to cannabis; permitting the transportation and distribution of medical
cannabis by manufacturers to a Tribal medical cannabis board, Tribal medical
cannabis program, and Tribal medical cannabis program manufacturer; amending
Minnesota Statutes 2022, section 152.29, subdivision 3; Minnesota Statutes 2023
Supplement, sections 152.29, subdivision 4; 152.33, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 152.29, subdivision 3, is amended to read:

Subd. 3.

Manufacturer; distribution.

(a) A manufacturer shall require that employees
licensed as pharmacists pursuant to chapter 151 be the only employees to give final approval
for the distribution of medical cannabis to a patient. A manufacturer may transport medical
cannabis or medical cannabis products that have been cultivated, harvested, manufactured,
packaged, and processed by that manufacturer to another registered manufacturer new text begin , Tribal
medical cannabis board, Tribal medical cannabis program, or Tribal medical cannabis
program manufacturer new text end for the other deleted text begin manufacturer deleted text end new text begin entity new text end to distribute.

(b) A manufacturer may distribute medical cannabis products, whether or not the products
have been manufactured by that manufacturer.

(c) Prior to distribution of any medical cannabis, the manufacturer shall:

(1) verify that the manufacturer has received the registry verification from the
commissioner for that individual patient;

(2) verify that the person requesting the distribution of medical cannabis is the patient,
the patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse
listed in the registry verification using the procedures described in section 152.11, subdivision
2d;

(3) assign a tracking number to any medical cannabis distributed from the manufacturer;

(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to
chapter 151 has consulted with the patient to determine the proper dosage for the individual
patient after reviewing the ranges of chemical compositions of the medical cannabis and
the ranges of proper dosages reported by the commissioner. For purposes of this clause, a
consultation may be conducted remotely by secure videoconference, telephone, or other
remote means, so long as the employee providing the consultation is able to confirm the
identity of the patient and the consultation adheres to patient privacy requirements that apply
to health care services delivered through telehealth. A pharmacist consultation under this
clause is not required when a manufacturer is distributing medical cannabis to a patient
according to a patient-specific dosage plan established with that manufacturer and is not
modifying the dosage or product being distributed under that plan and the medical cannabis
is distributed by a pharmacy technician;

(5) properly package medical cannabis in compliance with the United States Poison
Prevention Packing Act regarding child-resistant packaging and exemptions for packaging
for elderly patients, and label distributed medical cannabis with a list of all active ingredients
and individually identifying information, including:

(i) the patient's name and date of birth;

(ii) the name and date of birth of the patient's registered designated caregiver or, if listed
on the registry verification, the name of the patient's parent or legal guardian, if applicable;

(iii) the patient's registry identification number;

(iv) the chemical composition of the medical cannabis; and

(v) the dosage; and

(6) ensure that the medical cannabis distributed contains a maximum of a 90-day supply
of the dosage determined for that patient.

(d) A manufacturer shall require any employee of the manufacturer who is transporting
medical cannabis or medical cannabis products to a distribution facility new text begin , Tribal medical
cannabis board, Tribal medical cannabis program, Tribal medical cannabis program
manufacturer, new text end or to another registered manufacturer to carry identification showing that the
person is an employee of the manufacturer.

(e) A manufacturer shall distribute medical cannabis in dried raw cannabis form only
to a patient age 21 or older, or to the registered designated caregiver, parent, legal guardian,
or spouse of a patient age 21 or older.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 152.29, subdivision 4, is amended
to read:

Subd. 4.

Report.

(a) Each manufacturer shall report to the commissioner on a monthly
basis the following information on each individual patient for the month prior to the report:

(1) the amount and dosages of medical cannabis distributed;

(2) the chemical composition of the medical cannabis; and

(3) the tracking number assigned to any medical cannabis distributed.

(b) For transactions involving Tribal medical cannabis program patients, each
manufacturer shall report to the commissioner on a weekly basis the following information
on each individual Tribal medical cannabis program patient for the week prior to the report:

(1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis
program patient is enrolled;

(2) the amount and dosages of medical cannabis distributed;

(3) the chemical composition of the medical cannabis distributed; and

(4) the tracking number assigned to the medical cannabis distributed.

new text begin (c) Each Tribal medical cannabis board, Tribal medical cannabis program, and Tribal
medical cannabis program manufacturer that obtains medical cannabis from a manufacturer
shall report to the commissioner, upon receipt of such medical cannabis, the following
information:
new text end

new text begin (1) the amount and dosages of medical cannabis received;
new text end

new text begin (2) the chemical composition of the medical cannabis received; and
new text end

new text begin (3) the tracking number assigned to any medical cannabis received.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 152.33, subdivision 1, is amended
to read:

Subdivision 1.

Intentional diversion; criminal penalty.

In addition to any other
applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally
transfers medical cannabis to a person other than another registered manufacturer, new text begin a Tribal
medical cannabis board, a Tribal medical cannabis program, a Tribal medical cannabis
program manufacturer, new text end a patient, a Tribal medical cannabis program patient, a registered
designated caregiver or, if listed on the registry verification, a parent, legal guardian, or
spouse of a patient is guilty of a felony punishable by imprisonment for not more than two
years or by payment of a fine of not more than $3,000, or both. A person convicted under
this subdivision may not continue to be affiliated with the manufacturer and is disqualified
from further participation under sections 152.22 to 152.37.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end