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SF 4798

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 08:53am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to cannabis; modifying medical cannabis combination business provisions;
amending Minnesota Statutes 2023 Supplement, section 342.515.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 342.515, is amended to read:


342.515 MEDICAL CANNABIS COMBINATION BUSINESSES.

Subdivision 1.

Authorized actions.

A medical cannabis combination business license
entitles the license holder to perform any or all of the following within the limits established
by this section:

(1) grow cannabis plants from seed or immature plant to mature plant and harvest
adult-use cannabis flower and medical cannabis flower from a mature plant;

(2) make cannabis concentrate;

(3) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;

(4) manufacture artificially derived cannabinoids;

(5) manufacture medical cannabinoid products;

(6) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;

(7) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis
microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis wholesaler,
a medical cannabis cultivator, or another medical cannabis combination business;

(8) purchase hemp plant parts and propagules from an industrial hemp grower licensed
under chapter 18K;

(9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids
from a cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a
cannabis wholesaler, a medical cannabis processor, or another medical cannabis combination
business;

(10) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;

(11) new text begin manufacture, new text end packagenew text begin ,new text end and label medical cannabis and medical cannabinoid products
for sale to medical cannabis processors, medical cannabis retailers, other medical cannabis
combination businesses, and patients enrolled in the registry program, registered designated
caregivers, and parents, legal guardians, and spouses of an enrolled patient;

new text begin (12) transport and deliver medical cannabis and medical cannabinoid products to medical
cannabis processors, medical cannabis retailers, other medical cannabis combination
businesses, patients enrolled in the registry program, registered designated caregivers, and
parents, legal guardians, and spouses of an enrolled patient;
new text end

deleted text begin (12)deleted text end new text begin (13) manufacture,new text end packagenew text begin ,new text end and label adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products for sale to
customersnew text begin and other cannabis businessesnew text end ;

deleted text begin (13)deleted text end new text begin (14)new text end sell medical cannabis flower and medical cannabinoid products to new text begin cannabis
processors, medical cannabis retailers, other medical cannabis combination businesses, and
new text end patients enrolled in the registry program, registered designated caregivers, and parents, legal
guardians, and spouses of an enrolled patient;

deleted text begin (14)deleted text end new text begin (15)new text end sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabis products, lower-potency hemp edibles, hemp-derived consumer products, and
other products authorized by law to other cannabis businesses and to customers; deleted text begin and
deleted text end

new text begin (16) transport and deliver immature cannabis plants and seedlings, adult-use cannabis
flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, and other products authorized by law to other cannabis businesses and to customers;
and
new text end

deleted text begin (15)deleted text end new text begin (17)new text end perform other actions approved by the office.

Subd. 2.

Cultivation; size limitations.

(a) A medical cannabis combination business
may cultivate cannabis deleted text begin to be sold as medical cannabis flower or used in medical cannabinoid
products
deleted text end in an area of up to deleted text begin 60,000deleted text end new text begin 90,000new text end square feet of plant canopy.new text begin A medical cannabis
combination business may cultivate cannabis and manufacture cannabis at more than one
location, but the aggregate total area of plant canopy in all locations must count toward the
business's canopy limit.
new text end

deleted text begin (b) A medical cannabis combination business may cultivate cannabis to be sold as
adult-use cannabis flower or used in adult-use cannabis products in an area authorized by
the office as described in paragraph (c).
deleted text end

deleted text begin (c) The office shall authorize a medical cannabis combination business to cultivate
cannabis for sale in the adult-use market in an area of plant canopy that is equal to one-half
of the area the business used to cultivate cannabis sold in the medical market in the preceding
year. The office shall establish an annual verification and authorization procedure.
deleted text end new text begin (b)new text end The
office may increase the area of plant canopy in which a medical cannabis combination
business is authorized to cultivate cannabis deleted text begin for sale in the adult-use market between
authorization periods
deleted text end if the business demonstrates a deleted text begin significant increase in the sale of medical
cannabis and medical cannabis products
deleted text end new text begin legitimate need for the additional plant canopy to
satisfy demand in either the medical cannabis or adult-use cannabis market
new text end .

Subd. 3.

Manufacturing; size limitations.

The office may establish limits on cannabis
manufacturing that are consistent with the area of plant canopy a business is authorized to
cultivate.

Subd. 4.

Retail locations.

A medical cannabis combination business may operate up to
one retail location in each congressional district. A medical cannabis combination business
must offer medical cannabis flower, medical cannabinoid products, or both at every retail
location.

Subd. 5.

Failure to participate; suspension or revocation of license.

new text begin A medical cannabis
combination business shall provide a reliable and ongoing supply of medical cannabis to
the registry program through cultivation by the manufacturer or the purchase of cannabis
flower and medical cannabinoid products.
new text end The office may suspend or revoke a medical
cannabis combination business license if the office determines that the business is no longer
actively participating in the medical cannabis market. The office may, by rule, establish
minimum requirements related to cannabis cultivation, manufacturing of medical cannabinoid
products, retail sales of medical cannabis flower and medical cannabinoid products, and
other relevant criteria to demonstrate active participation in the medical cannabis market.

Subd. 6.

Operations.

A medical cannabis combination business must comply with the
relevant requirements of sections 342.25, 342.26, 342.27,new text begin 342.35, 342.41, 342.42,new text end and
342.51, subdivisions 2 to 5.