8th Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/22/2023 10:13am
A bill for an act
relating to cannabis; establishing the Office of Cannabis Management; establishing
the Cannabis Advisory Council; requiring reports relating to cannabis use and
sales; legalizing and limiting the possession and use of cannabis by adults; providing
for the licensing, inspection, and regulation of cannabis businesses and hemp
businesses; requiring testing of cannabis flower, cannabis products, and hemp
products; requiring labeling of cannabis flower, cannabis products, and hemp
products; limiting the advertisement of cannabis flower, cannabis products, hemp
products, hemp businesses products, and cannabis businesses; providing for the
cultivation of cannabis in private residences; transferring regulatory authority for
the medical cannabis program; allowing Tribal medical cannabis program
manufacturers to distribute medical cannabis to Tribal medical cannabis program
patients; providing for transportation of medical cannabis by Tribal medical
cannabis manufacturers; taxing the sale of adult-use cannabis; establishing grant
and loan programs; amending criminal penalties; prohibiting the use or possession
of cannabis flower and cannabis products on a street or highway; establishing
expungement procedures for certain individuals; establishing labor standards for
the use of cannabis and hemp products by employees and testing of employees;
providing for the temporary regulation of certain edible cannabinoid products;
providing for professional licensing protections; amending the scheduling of
marijuana and tetrahydrocannabinols; classifying data; making miscellaneous
cannabis-related and hemp-related changes and additions; making clarifying and
technical changes; appropriating money; amending Minnesota Statutes 2022,
sections 13.411, by adding a subdivision; 13.871, by adding a subdivision;
16B.2975, subdivision 8; 34A.01, subdivision 4; 144.99, subdivision 1; 151.72;
152.01, by adding subdivisions; 152.02, subdivisions 2, 4; 152.021, subdivision
2; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1;
152.025, subdivisions 1, 2; 152.22, by adding subdivisions; 152.29, subdivision
4, by adding a subdivision; 152.30; 152.32; 152.33, subdivision 1; 175.45,
subdivision 1; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by
adding a subdivision; 181.951, subdivision 4, by adding subdivisions; 181.952,
by adding a subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1;
244.05, subdivision 2; 245C.08, subdivision 1; 256.01, subdivision 18c; 256B.0625,
subdivision 13d; 256D.024, subdivisions 1, 3; 256J.26, subdivisions 1, 3; 273.13,
subdivision 24; 275.025, subdivision 2; 290.0132, subdivision 29; 290.0134,
subdivision 19; 297A.61, subdivision 3; 297A.67, subdivisions 2, 7; 297A.70,
subdivisions 2, 18; 297A.99, by adding a subdivision; 297D.01; 297D.04; 297D.06;
297D.07; 297D.08; 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11;
340A.412, subdivision 14; 609.135, subdivision 1; 609.5311, subdivision 1;
609.5314, subdivision 1; 609.5316, subdivision 2; 609A.01; 609A.03, subdivisions
5, 9; 609B.425, subdivision 2; 609B.435, subdivision 2; 624.712, by adding
subdivisions; 624.713, subdivision 1; 624.714, subdivision 6; 624.7142, subdivision
1; 624.7151; proposing coding for new law in Minnesota Statutes, chapters 3;
116J; 116L; 120B; 144; 152; 169A; 289A; 295; 340A; 609A; 624; proposing
coding for new law as Minnesota Statutes, chapter 342; repealing Minnesota
Statutes 2022, sections 151.72; 152.027, subdivisions 3, 4; 152.21; 152.22,
subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24;
152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions
1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4;
152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4,
5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37; Minnesota
Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500; 4770.0600;
4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200; 4770.1300; 4770.1400;
4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900; 4770.2000;
4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800; 4770.4000;
4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008; 4770.4009;
4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016; 4770.4017;
4770.4018; 4770.4030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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For the purposes of this chapter, the following terms have the
meanings given them.
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"Adult-use cannabis concentrate" means
cannabis concentrate that is approved for sale by the office or is substantially similar to a
product approved by the office. Adult-use cannabis concentrate does not include synthetically
derived cannabinoids.
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"Adult-use cannabis flower" means cannabis
flower that is approved for sale by the office or is substantially similar to a product approved
by the office. Adult-use cannabis flower does not include medical cannabis flower, hemp
plant parts, or hemp-derived consumer products.
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"Adult-use cannabis product" means a cannabinoid
product that is approved for sale by the office or is substantially similar to a product approved
by the office. Adult-use cannabinoid product includes edible cannabinoid products but does
not include medical cannabinoid products.
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"Advertisement" means any written or oral statement,
illustration, or depiction that is intended to promote sales of cannabis flower, cannabinoid
products, lower-potency edible products, hemp-derived consumer products, or sales at a
specific cannabis business and includes any newspaper, radio, internet and electronic media,
or television promotion; the distribution of fliers and circulars; and the display of window
and interior signs in a cannabis business. Advertisement does not include a fixed outdoor
sign that meets the requirements in section 342.63, subdivision 2, paragraph (b).
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"Artificial cannabinoid" means a substance with a
similar chemical structure and pharmacological activity to a cannabinoid but that is not
extracted or derived from cannabis plants, cannabis flower, hemp plants, or hemp plant
parts and is instead created or produced by chemical or biochemical synthesis.
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"Batch" means:
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(1) a specific quantity of cannabis plants that are cultivated from the same seed or plant
stock, are cultivated together, are intended to be harvested together, and receive an identical
propagation and cultivation treatment;
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(2) a specific quantity of cannabis flower that is harvested together; is uniform and
intended to meet specifications for identity, strength, purity, and composition; and receives
identical sorting, drying, curing, and storage treatment; or
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(3) a specific quantity of a specific cannabis product, lower-potency hemp edible,
synthetically derived cannabinoid, hemp-derived consumer product, or hemp-derived topical
product that is manufactured at the same time and using the same methods, equipment, and
ingredients that are uniform and intended to meet specifications for identity, strength, purity,
and composition and that is manufactured, packaged, and labeled according to a single batch
production record executed and documented during the same cycle of manufacture and
produced by a continuous process.
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"Batch number" means a unique numeric or alphanumeric
identifier assigned to a batch of cannabis flower or a batch of cannabis plants, cannabis
products, lower-potency hemp edibles, synthetically derived cannabinoid, hemp-derived
consumer products, or hemp-derived topical products.
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"Bona fide labor organization" means a labor
union that represents or is actively seeking to represent cannabis workers.
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"Cannabinoid" means any of the chemical constituents of hemp
plants or cannabis plants that are naturally occurring, biologically active, and act on the
cannabinoid receptors of the brain. Cannabinoid includes but is not limited to
tetrahydrocannabinol and cannabidiol.
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"Cannabinoid extraction" means the process of
extracting cannabis concentrate from cannabis plants or cannabis flower using water, lipids,
gases, solvents, or other chemicals or chemical processes, but does not include the process
of extracting concentrate from hemp plants or hemp plant parts or the process of creating
synthetically derived cannabinoids.
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"Cannabinoid profile" means the amounts of each
cannabinoid that the office requires to be identified in testing and labeling, including but
not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol,
cannabidiolic acid in cannabis flower, a cannabinoid product, a batch of synthetically derived
cannabinoid, or a hemp-derived consumer product, expressed as percentages measured by
weight and, in the case of cannabinoid products and hemp-derived consumer products,
expressed as milligrams in each serving and package.
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"Cannabis business" means any of the following licensed
under this chapter:
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(1) cannabis microbusiness;
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(2) cannabis mezzobusiness;
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(3) cannabis cultivator;
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(4) cannabis manufacturer;
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(5) cannabis retailer;
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(6) cannabis wholesaler;
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(7) cannabis testing facility;
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(8) cannabis event organizer;
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(9) cannabis delivery service;
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(10) medical cannabis cultivator;
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(11) medical cannabis processor; and
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(12) medical cannabis retailer.
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(a) "Cannabis concentrate" means:
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(1) the extracts and resins of a cannabis plant or cannabis flower;
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(2) the extracts or resins of a cannabis plant or cannabis flower that are refined to increase
the presence of targeted cannabinoids; or
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(3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis
flower and is intended to be consumed by combustion or vaporization of the product and
inhalation of smoke, aerosol, or vapor from the product.
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(b) Cannabis concentrate does not include industrial hemp, synthetically derived
cannabinoids, or hemp-derived consumer products.
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"Cannabis flower" means the harvested flower, bud, leaves,
and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and
medical cannabis flower. Cannabis flower does not include cannabis seed, hemp plant parts,
or hemp-derived consumer products.
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"Cannabis industry" means every item, product, person,
process, action, business, or other thing related to cannabis flower and cannabis products
and subject to regulation under this chapter.
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"Cannabis paraphernalia" means all equipment,
products, and materials of any kind that are knowingly or intentionally used primarily in:
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(1) manufacturing cannabinoid products;
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(2) ingesting, inhaling, or otherwise introducing cannabis flower or cannabis products
into the human body; and
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(3) testing the strength, effectiveness, or purity of cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products.
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"Cannabis plant" means all parts of the plant of the genus
Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol
concentration of more than 0.3 percent on a dry weight basis.
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(a) "Cannabis product" means any of the following:
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(1) cannabis concentrate;
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(2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol,
extracted or derived from cannabis plants or cannabis flower; or
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(3) any other product that contains cannabis concentrate.
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(b) Cannabis product includes adult-use cannabis products, including but not limited to
edible cannabis products, and medical cannabinoid products. Cannabis product does not
include cannabis flower, synthetically derived cannabinoids, lower-potency hemp edibles,
hemp-derived consumer products, or hemp-derived topical products.
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"Cannabis prohibition" means the system of state and
federal laws that prevented establishment of a legal market and instead established petty
offenses and criminal offenses punishable by fines, imprisonment, or both for the cultivation,
possession, and sale of all parts of the plant of any species of the genus Cannabis, including
all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted
from any part of such plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds, or resin.
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"Cannabis seed" means the viable seed of the plant of the
genus Cannabis that is reasonably expected to grow into a cannabis plant. Cannabis seed
does not include hemp seed.
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"Cannabis worker" means any individual employed by a
cannabis business and any individual who is a contractor of a cannabis business whose
scope of work involves the handling of cannabis plants, cannabis flower, synthetically
derived cannabinoids, or cannabinoid products.
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"Child-resistant" means packaging that meets the poison
prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15.
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"Cooperative" means an association conducting business on a
cooperative plan that is organized or is subject to chapter 308A or 308B.
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"Council" means the Cannabis Advisory Council.
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"Cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp
plants, or hemp plant parts.
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"Division of Medical Cannabis" means a
division housed in the Office of Cannabis Management that operates the medical cannabis
program.
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"Division of Social Equity" means a division housed
in the Office of Cannabis Management that promotes development, stability, and safety in
communities that have experienced a disproportionate, negative impact from cannabis
prohibition and usage.
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"Edible cannabis product" means any product that
is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid,
including a synthetically derived cannabinoid, in combination with food ingredients; is not
a drug; and is a type of product approved for sale by the office, or is substantially similar
to a product approved by the office including but not limited to products that resemble
nonalcoholic beverages, candy, and baked goods. Edible cannabis product does not include
lower-potency hemp edibles.
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"Health care practitioner" means a
Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting
within the scope of authorized practice, or a Minnesota-licensed advanced practice registered
nurse who has the primary responsibility for the care and treatment of the qualifying medical
condition of an individual diagnosed with a qualifying medical condition.
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"Health record" has the meaning given in section 144.291,
subdivision 2.
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(a) "Hemp business" means either of the following licensed
under this chapter:
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(1) lower-potency hemp edible manufacturer; or
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(2) lower-potency hemp edible retailer.
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(b) Hemp business does not include a person or entity licensed under chapter 18K to
grow industrial hemp for commercial or research purposes or to process industrial hemp
for commercial purposes.
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(a) "Hemp concentrate" means:
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(1) the extracts and resins of a hemp plant or hemp plant parts;
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(2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase
the presence of targeted cannabinoids; or
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(3) a product that is produced by refining extracts or resins of a hemp plant or hemp
plant parts and is intended to be consumed by combustion or vaporization of the product
and inhalation of smoke, aerosol, or vapor from the product.
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(b) Hemp concentrate does not include synthetically derived cannabinoids, lower-potency
hemp edibles, hemp-derived consumer products, or hemp-derived topical products.
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"Hemp consumer industry" means every item,
product, person, process, action, business, or other thing related to synthetically derived
cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products subject
to regulation under this chapter.
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(a) "Hemp-derived consumer product"
means a product intended for human or animal consumption that does not contain cannabis
flower or cannabis concentrate, and:
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(1) contains or consists of hemp plant parts; or
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(2) contains hemp concentrate or synthetically derived cannabinoids in combination
with other ingredients.
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(b) Hemp-derived consumer product does not include synthetically derived cannabinoids,
lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp
grain.
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"Hemp-derived topical product" means a
product intended for human or animal consumption that contains hemp concentrate, is
intended for application externally to a part of the body of a human or animal, and does not
contain cannabis flower or cannabis concentrate.
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"Hemp fiber product" means an intermediate or finished
product made from the fiber of hemp plant parts that is not intended for human or animal
consumption. Hemp fiber product includes but is not limited to cordage, paper, fuel, textiles,
bedding, insulation, construction materials, compost materials, and industrial materials.
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"Hemp grain" means the harvested seeds of the hemp plant
intended for consumption as a food or part of a food product. Hemp grain includes oils
pressed or extracted from harvested hemp seeds.
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"Hemp plant" means all parts of the plant of the genus Cannabis
that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol
concentration of no more than 0.3 percent on a dry weight basis.
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"Hemp plant parts" means any part of the harvested hemp
plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives,
extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from
the plant. Hemp plant parts does not include hemp fiber products, hemp grain, or hemp
seed.
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"Hemp seed" means the viable seed of the plant of the genus
Cannabis that is intended to be planted and is reasonably expected to grow into a hemp
plant. Hemp seed does not include cannabis seed or hemp grain.
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"Hemp worker" means any individual employed by a hemp
business and any individual who is a contractor of a hemp business whose scope of work
involves the handling of artificially derived cannabinoids, lower-potency hemp edibles, or
hemp-derived consumer products.
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"Indian lands" means all lands within the limits of any Indian
reservation within the boundaries of Minnesota and any lands within the boundaries of
Minnesota title to which are either held in trust by the United States or over which an Indian
Tribe exercises governmental power.
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"Industrial hemp" has the meaning given in section 18K.02,
subdivision 3.
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"Intoxicating cannabinoid" means a cannabinoid,
including a synthetically derived cannabinoid, that when introduced into the human body
impairs the central nervous system or impairs the human audio, visual, or mental processes.
Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol.
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"Labor peace agreement" means an agreement
between a cannabis business and a bona fide labor organization that protects the state's
interests by, at minimum, prohibiting the labor organization from engaging in picketing,
work stoppages, or boycotts against the cannabis business. This type of agreement shall not
mandate a particular method of election or certification of the bona fide labor organization.
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"License holder" means a person, cooperative, or business
that holds any of the following licenses:
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(1) cannabis microbusiness;
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(2) cannabis mezzobusiness;
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(3) cannabis cultivator;
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(4) cannabis manufacturer;
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(5) cannabis retailer;
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(6) cannabis wholesaler;
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(7) cannabis transporter;
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(8) cannabis testing facility;
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(9) cannabis event organizer;
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(10) cannabis delivery service;
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(11) lower-potency hemp edible manufacturer;
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(12) lower-potency hemp edible retailer;
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(13) medical cannabis cultivator;
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(14) medical cannabis processor; or
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(15) medical cannabis retailer.
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"Local unit of government" means a home rule
charter or statutory city, county, town, or other political subdivision.
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"Lower-potency hemp edible" means any
product that:
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(1) is intended to be eaten or consumed as a beverage by humans;
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(2) contains hemp concentrate or a synthetically derived cannabinoid, in combination
with food ingredients;
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(3) is not a drug;
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(4) consists of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any
combination of those cannabinoids that does not exceed the identified amounts;
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(5) does not contain more than a combined total of 0.5 milligrams of all other
cannabinoids per serving;
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(6) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and
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(7) is a type of product approved for sale by the office or is substantially similar to a
product approved by the office, including but not limited to products that resemble
nonalcoholic beverages, candy, and baked goods.
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"Matrix barcode" means a code that stores data in a
two-dimensional array of geometrically shaped dark and light cells capable of being read
by the camera on a smartphone or other mobile device.
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(a) "Medical cannabinoid product" means a
product that:
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(1) consists of or contains cannabis concentrate or hemp concentrate or is infused with
cannabinoids, including but not limited to synthetically derived cannabinoids; and
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(2) is provided to a patient enrolled in the registry program; a registered designated
caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a cannabis retailer
or medical cannabis retailer to treat or alleviate the symptoms of a qualifying medical
condition.
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(b) A medical cannabinoid product must be in the form of:
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(1) liquid, including but not limited to oil;
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(2) pill;
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(3) liquid or oil for use with a vaporized delivery method;
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(4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;
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(5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and
sublingual tablets;
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(6) edible products in the form of gummies and chews;
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(7) topical formulation; or
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(8) any allowable form or delivery method approved by the office.
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(c) Medical cannabinoid product does not include adult-use cannabis products.
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"Medical cannabis business" means an entity
licensed under this chapter to engage in one or more of the following:
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(1) the cultivation of cannabis plants for medical cannabis flower;
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(2) the manufacture of medical cannabinoid products; and
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(3) the retail sale of medical cannabis flower and medical cannabinoid products.
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"Medical cannabis flower" means cannabis flower
provided to a patient enrolled in the registry program; a registered designated caregiver; or
a parent, legal guardian, or spouse of an enrolled patient by a cannabis retailer or medical
cannabis business to treat or alleviate the symptoms of a qualifying medical condition.
Medical cannabis flower does not include adult-use cannabis flower or hemp-derived
consumer products.
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"Medical cannabis paraphernalia" means
a delivery device, related supply, or educational material used by a patient enrolled in the
registry program to administer medical cannabis and medical cannabinoid products.
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"Nonintoxicating cannabinoid" means a
cannabinoid that when introduced into the human body does not impair the central nervous
system and does not impair the human audio, visual, or mental processes. Nonintoxicating
cannabinoid includes but is not limited to cannabidiol and cannabigerol but does not include
any synthetically derived cannabinoid.
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"Office" means the Office of Cannabis Management.
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"Outdoor advertisement" means an advertisement
that is located outdoors or can be seen or heard by an individual who is outdoors and includes
billboards; advertisements on benches; advertisements at transit stations or transit shelters;
advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles;
and print signs that do not meet the requirements in section 342.63, subdivision 2, paragraph
(b), but that are placed or located on the exterior property of a cannabis business.
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"Patient" means a Minnesota resident who has been diagnosed with
a qualifying medical condition by a health care practitioner and who has met all other
requirements for patients under this chapter to participate in the registry program.
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"Patient registry number" means a unique
identification number assigned by the Division of Medical Cannabis to a patient enrolled
in the registry program.
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"Plant canopy" means the total surface area within a licensed
cultivation facility that is used at any time to cultivate mature, flowering cannabis plants.
Calculation of the area of the plant canopy does not include the surface area within the
licensed cultivation facility that is used to cultivate immature cannabis plants and seedlings.
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"Qualifying medical condition" means a
diagnosis of any of the following conditions:
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(1) Alzheimer's disease;
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(2) autism spectrum disorder that meets the requirements of the fifth edition of the
Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric
Association;
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(3) cancer;
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(4) chronic motor or vocal tic disorder;
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(5) chronic pain;
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(6) glaucoma;
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(7) human immunodeficiency virus or acquired immune deficiency syndrome;
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(8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c);
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(9) obstructive sleep apnea;
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(10) post-traumatic stress disorder;
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(11) Tourette's syndrome;
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(12) amyotrophic lateral sclerosis;
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(13) seizures, including those characteristic of epilepsy;
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(14) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;
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(15) inflammatory bowel disease, including Crohn's disease;
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(16) irritable bowel syndrome;
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(17) obsessive-compulsive disorder;
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(18) sickle cell disease;
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(19) terminal illness; or
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(20) any other medical condition or its treatment approved by the office.
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"Registered designated caregiver" means
an individual who:
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(1) is at least 18 years old;
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(2) is not disqualified for a criminal offense according to section 342.19, subdivision 2;
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(3) has been approved by the Division of Medical Cannabis to assist a patient with
obtaining medical cannabis flower and medical cannabinoid products from a cannabis
retailer or medical cannabis retailer and with administering medical cannabis flower and
medical cannabinoid products; and
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(4) is authorized by the Division of Medical Cannabis to assist a patient with the use of
medical cannabis flower and medical cannabinoid products.
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"Registry" or "registry program" means the
patient registry established under this chapter listing patients authorized to obtain medical
cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia from
cannabis retailers and medical cannabis retailers and administer medical cannabis flower
and medical cannabinoid products.
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"Registry verification" means the verification provided
by the Division of Medical Cannabis that a patient is enrolled in the registry program and
that includes the patient's name, patient registry number, and, if applicable, the name of the
patient's registered designated caregiver or parent, legal guardian, or spouse.
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"Restricted area" means an area where cannabis flower or
cannabis products are cultivated, manufactured, or stored by a cannabis business.
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"Statewide monitoring system" means the
system for integrated cannabis tracking, inventory, and verification established or adopted
by the office.
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"Synthetically derived cannabinoid"
means a cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp
plant parts with a chemical makeup that is changed after extraction to create a different
cannabinoid or other chemical compound by applying a catalyst other than heat or light.
Synthetically derived cannabinoid includes but is not limited to any tetrahydrocannabinol
created from cannabidiol but does not include cannabis concentrate, cannabinoid products,
or hemp-derived consumer products.
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"Tribal medical cannabis board" means an
agency established by each federally recognized Tribal government and duly authorized by
that Tribe's governing body to perform regulatory oversight and monitor compliance with
a Tribal medical cannabis program and applicable regulations.
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"Tribal medical cannabis program" means
a program established by a federally recognized Tribal government within the boundaries
of Minnesota regarding the commercial production, processing, sale or distribution, and
possession of medical cannabis and medical cannabis products.
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"Tribal medical cannabis
program manufacturer" means an entity designated by a Tribal medical cannabis board
within the boundaries of Minnesota or a federally recognized Tribal government within the
boundaries of Minnesota to engage in production, processing, and sale or distribution of
medical cannabis and medical cannabis products under that Tribe's Tribal medical cannabis
program.
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"Tribal medical cannabis program
patient" means a person who possesses a valid registration verification card or equivalent
document that is issued under the laws or regulations of a Tribal nation within the boundaries
of Minnesota and that verifies that the person is enrolled in or authorized to participate in
that Tribal nation's Tribal medical cannabis program.
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"Veteran" means an individual who satisfies the requirements in
section 197.447.
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"Visiting designated caregiver" means an
individual who is authorized under a visiting patient's jurisdiction of residence to assist the
visiting patient with the use of medical cannabis flower and medical cannabinoid products.
To be considered a visiting designated caregiver, the individual must possess a valid
verification card or its equivalent that is issued by the visiting patient's jurisdiction of
residence and that verifies that the individual is authorized to assist the visiting patient with
the administration of medical cannabis flower and medical cannabinoid products under the
laws or regulations of the visiting patient's jurisdiction of residence.
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"Visiting patient" means an individual who is not a Minnesota
resident and who possesses a valid registration verification card or its equivalent that is
issued under the laws or regulations of another state, district, commonwealth, or territory
of the United States verifying that the individual is enrolled in or authorized to participate
in that jurisdiction's medical cannabis or medical marijuana program.
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"Volatile solvent" means any solvent that is or produces a
flammable gas or vapor that, when present in the air in sufficient quantities, will create
explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane,
and propane.
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The Office of Cannabis Management is created with the
powers and duties established by law. In making rules, establishing policy, and exercising
its regulatory authority over the cannabis and hemp consumer industry, the office must:
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(1) promote the public health and welfare;
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(2) protect public safety;
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(3) eliminate the illicit market for cannabis flower and cannabis products;
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(4) meet the market demand for cannabis flower and cannabis products;
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(5) promote a craft industry for cannabis flower and cannabis products; and
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(6) prioritize growth and recovery in communities that have experienced a
disproportionate, negative impact from cannabis prohibition.
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The office has the following powers and duties:
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(1) to develop, maintain, and enforce an organized system of regulation for the cannabis
industry and hemp consumer industry;
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(2) to establish programming, services, and notification to protect, maintain, and improve
the health of citizens;
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(3) to prevent unauthorized access to cannabis flower, cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products by individuals under 21 years of age;
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(4) to establish and regularly update standards for product testing, packaging, and labeling,
including requirements for an expiration, sell-by, or best-used-by date;
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(5) to promote economic growth with an emphasis on growth in areas that experienced
a disproportionate, negative impact from cannabis prohibition;
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(6) to issue and renew licenses;
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(7) to require fingerprints from individuals determined to be subject to fingerprinting,
including the submission of fingerprints to the Federal Bureau of Investigation where
required by law and to obtain criminal conviction data for individuals seeking a license
from the office on the individual's behalf or as a cooperative member or director, manager,
or general partner of a business entity;
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(8) to receive reports required by this chapter and inspect the premises, records, books,
and other documents of license holders to ensure compliance with all applicable laws and
rules;
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(9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations
pursuant to the office's authority;
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(10) to impose and collect civil and administrative penalties as provided in this chapter;
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(11) to publish such information as may be deemed necessary for the welfare of cannabis
businesses, cannabis workers, hemp businesses, and hemp workers and the health and safety
of citizens;
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(12) to make loans and grants in aid to the extent that appropriations are made available
for that purpose;
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(13) to authorize research and studies on cannabis flower, cannabis products, synthetically
derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, the
cannabis industry, and the hemp consumer industry;
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(14) to provide reports as required by law;
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(15) to develop a warning label regarding the effects of the use of cannabis flower and
cannabinoid products by persons 25 years of age or younger;
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(16) to establish limits on the potency of cannabis flower and cannabinoid products that
can be sold to customers by licensed cannabis retailers and licensed cannabis microbusinesses
with an endorsement to sell cannabis flower and cannabinoid products to customers;
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(17) to permit, upon application to the office in the form prescribed by the director of
the office, a licensee under this chapter to perform any activity if such permission is
substantially necessary for the licensee to perform any other activity permitted by the
applicant's license and is not otherwise prohibited by law;
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(18) to remove, upon application to the office in the form prescribed by the director of
the office, any obligation of a licensee under this chapter if such removal is substantially
necessary for the licensee to perform any activity permitted by the applicant's license and
is not otherwise prohibited by law; and
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(19) to exercise other powers and authority and perform other duties required by law.
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(a) The powers and duties of the Department of
Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections
152.22 to 152.37, are transferred to the Office of Cannabis Management under section
15.039.
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(b) State employees shall not be displaced by the transfer of duties from the Department
of Health medical cannabis program to the Office of Cannabis Management under this
subdivision. Any employees transferred under this section to the Office of Cannabis
Management shall retain their current seniority and benefit accrual rates.
new text end
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(a) The office and the commissioner of agriculture
shall enter into interagency agreements to ensure that edible cannabis products and
lower-potency hemp edibles are handled, manufactured, and inspected in a manner that is
consistent with the relevant food safety requirements in chapters 28A, 31, and 34A and
associated rules.
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(b) The office may cooperate and enter into other agreements with the commissioner of
agriculture and may cooperate and enter into agreements with the commissioners and
directors of other state agencies and departments to promote the beneficial interests of the
state.
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The office may adopt rules to implement any provisions in this
chapter. Rules for which notice is published in the State Register before July 1, 2025, may
be adopted using the expedited rulemaking process in section 14.389.
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(a) The governor shall appoint a director of the office with the advice
and consent of the senate. The director must be in the unclassified service and must serve
at the pleasure of the governor.
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(b) The salary of the director must not exceed the salary limit established under section
15A.0815, subdivision 3.
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(c) While serving as the director and within two years after terminating service, the
director is prohibited from having a direct or an indirect financial interest in a cannabis
business or hemp business licensed under this chapter.
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(d) A person who has served in the legislature or in statewide office is not eligible to be
appointed to the position of director until five years after the end of the person's term in the
legislature or statewide office.
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(a) The office may employ other personnel in the classified service
necessary to carry out the duties in this chapter.
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(b) A prospective employee of the office must submit a completed criminal history
records check consent form, a full set of classifiable fingerprints, and the required fees to
the office. Upon receipt of this information, the office must submit the completed criminal
history records check consent form, full set of classifiable fingerprints, and required fees
to the Bureau of Criminal Apprehension. After receiving this information, the bureau must
conduct a Minnesota criminal history records check of the license applicant. The bureau
may exchange a license applicant's fingerprints with the Federal Bureau of Investigation to
obtain the applicant's national criminal history record information. The bureau must return
the results of the Minnesota and federal criminal history records checks to the director to
determine if the applicant is disqualified under section 342.19.
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(c) While employed by the office and within two years after terminating employment,
an employee may not have a direct or an indirect financial interest in a cannabis business
licensed under this chapter or in a recipient of a grant under this chapter.
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The office must establish a Division of Social Equity.
At a minimum, the division must:
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new text begin
(1) administer grants to communities that experienced a disproportionate, negative impact
from cannabis prohibition and usage in order to promote economic development, provide
services to prevent violence, support early intervention programs for youth and families,
and promote community stability and safety;
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(2) act as an ombudsperson for the office to provide information, investigate complaints
under this chapter, and provide or facilitate dispute resolutions; and
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(3) report to the office on the status of complaints and social equity in the cannabis
industry.
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Nothing in this chapter shall be construed to
allow cannabis to be transported outside of the state unless explicitly authorized by federal
law.
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This section is effective July 1, 2023, except for subdivision 3,
which is effective January 1, 2024.
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(a) The Cannabis Advisory Council is created consisting
of the following members:
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(1) the director of the Office of Cannabis Management or a designee;
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(2) the commissioner of employment and economic development or a designee;
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(3) the commissioner of revenue or a designee;
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(4) the commissioner of health or a designee;
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(5) the commissioner of human services or a designee;
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(6) the commissioner of public safety or a designee;
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(7) the commissioner of human rights or a designee;
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(8) the commissioner of labor or a designee;
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(9) the commissioner of agriculture or a designee;
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(10) the commissioner of the Pollution Control Agency or a designee;
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(11) the superintendent of the Bureau of Criminal Apprehension or a designee;
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(12) the colonel of the State Patrol or a designee;
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(13) the director of the Office of Traffic Safety in the Department of Public Safety or a
designee;
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(14) a representative from the League of Minnesota Cities appointed by the league;
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(15) a representative from the Association of Minnesota Counties appointed by the
association;
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(16) an expert in minority business development appointed by the governor;
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(17) an expert in economic development strategies for under-resourced communities
appointed by the governor;
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(18) an expert in farming or representing the interests of farmers appointed by the
governor;
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(19) an expert representing the interests of cannabis workers appointed by the governor;
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(20) an expert representing the interests of employers appointed by the governor;
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(21) an expert in municipal law enforcement with advanced training in impairment
detection and evaluation appointed by the governor;
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(22) an expert in social welfare or social justice appointed by the governor;
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(23) an expert in criminal justice reform to mitigate the disproportionate impact of drug
prosecutions on communities of color appointed by the governor;
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(24) an expert in prevention, treatment, and recovery related to substance use disorders
appointed by the governor;
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(25) an expert in minority business ownership appointed by the governor;
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(26) an expert in women-owned businesses appointed by the governor;
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(27) an expert in cannabis retailing appointed by the governor;
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(28) an expert in cannabis product manufacturing appointed by the governor;
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(29) an expert in laboratory sciences and toxicology appointed by the governor;
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(30) an expert in providing legal services to cannabis businesses appointed by the
governor;
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(31) an expert in cannabis cultivation appointed by the governor;
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(32) an expert in toxicology appointed by the governor;
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(33) an expert in pediatric medicine appointed by the governor;
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(34) an expert in adult medicine appointed by the governor;
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(35) two patient advocates, one who is a patient enrolled in the medical cannabis program
and one who is a parent or caregiver of a patient in the medical cannabis program;
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(36) two licensed mental health professionals appointed by the governor;
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(37) a veteran appointed by the governor;
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(38) one member of each of the following federally recognized Tribes, designated by
the elected Tribal president or chairperson of the governing bodies of:
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(i) the Fond du Lac Band;
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(ii) the Grand Portage Band;
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(iii) the Mille Lacs Band;
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(iv) the White Earth Band;
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(v) the Bois Forte Band;
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(vi) the Leech Lake Band;
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(vii) the Red Lake Nation;
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(viii) the Upper Sioux Community;
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(ix) the Lower Sioux Indian Community;
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(x) the Shakopee Mdewakanton Sioux Community; and
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(xi) the Prairie Island Indian Community; and
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(39) a representative from the Local Public Health Association of Minnesota appointed
by the association.
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(b) While serving on the Cannabis Advisory Council and within two years after
terminating service, a council member shall not serve as a lobbyist, as defined under section
10A.01, subdivision 21.
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new text begin
The membership terms,
compensation, removal of members appointed by the governor, and filling of vacancies of
members are provided in section 15.059.
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(a) The director of the Office of Cannabis Management
or the director's designee must chair the Cannabis Advisory Council. The advisory council
must elect a vice-chair and may elect other officers as necessary.
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(b) The advisory council shall meet quarterly or upon the call of the chair.
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(c) Meetings of the advisory council are subject to chapter 13D.
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(a) The duties of the advisory council shall include:
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(1) reviewing national cannabis policy;
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(2) examining the effectiveness of state cannabis policy;
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(3) reviewing developments in the cannabis industry and hemp consumer industry;
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(4) reviewing developments in the study of cannabis flower, cannabis products,
synthetically derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer
products;
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(5) taking public testimony; and
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(6) making recommendations to the Office of Cannabis Management.
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(b) At its discretion, the advisory council may examine other related issues consistent
with this section.
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(a) The office shall conduct a study to determine the expected size and growth of the
regulated cannabis industry, including an estimate of the demand for cannabis flower and
cannabis products, the number and geographic distribution of cannabis businesses needed
to meet that demand, and the anticipated business from residents of other states.
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(b) The office shall conduct a study to determine the size of the illicit cannabis market,
the sources of illicit cannabis flower and illicit cannabis products in the state, the locations
of citations issued and arrests made for cannabis offenses, and the subareas, such as census
tracts or neighborhoods, that experience a disproportionately large amount of cannabis
enforcement.
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(c) The office shall conduct a study on impaired driving to determine:
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(1) the number of accidents involving one or more drivers who admitted to using cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products,
or who tested positive for cannabis or tetrahydrocannabinol;
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(2) the number of arrests of individuals for impaired driving in which the individual
tested positive for cannabis or tetrahydrocannabinol; and
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(3) the number of convictions for driving under the influence of cannabis flower, cannabis
products, lower-potency hemp edibles, hemp-derived consumer products, or
tetrahydrocannabinol.
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(d) The office shall provide preliminary reports on the studies conducted pursuant to
paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports
to the legislature by January 15, 2025. The reports may be consolidated into a single report
by the office.
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(e) The office shall collect existing data from the Department of Human Services,
Department of Health, Minnesota state courts, and hospitals licensed under chapter 144 on
the utilization of mental health and substance use disorder services, emergency room visits,
and commitments to identify any increase in the services provided or any increase in the
number of visits or commitments. The office shall also obtain summary data from existing
first episode psychosis programs on the number of persons served by the programs and
number of persons on the waiting list. All information collected by the office under this
paragraph shall be included in the report required under paragraph (f).
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(f) The office shall submit an annual report to the legislature by January 15, 2024, and
each January 15 thereafter. The annual report shall include but not be limited to the following:
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(1) the status of the regulated cannabis industry;
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(2) the status of the illicit cannabis market and hemp consumer industry;
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(3) the number of accidents, arrests, and convictions involving drivers who admitted to
using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products or who tested positive for cannabis or tetrahydrocannabinol;
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(4) the change in potency, if any, of cannabis flower and cannabis products available
through the regulated market;
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(5) progress on providing opportunities to individuals and communities that experienced
a disproportionate, negative impact from cannabis prohibition, including but not limited to
providing relief from criminal convictions and increasing economic opportunities;
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(6) the status of racial and geographic diversity in the cannabis industry;
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(7) proposed legislative changes;
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(8) information on the adverse effects of second-hand smoke from any cannabis flower,
cannabis products, and hemp-derived consumer products that are consumed by combustion
or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product;
and
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(9) recommendations for levels of funding for:
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(i) a coordinated education program to address and raise public awareness about the top
three adverse health effects, as determined by the commissioner of health, associated with
the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products by individuals under 21 years of age;
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(ii) a coordinated education program to educate pregnant individuals, breastfeeding
individuals, and individuals who may become pregnant on the adverse health effects of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products;
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(iii) training, technical assistance, and educational materials for home visiting programs,
Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products in homes with infants and young children;
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(iv) model programs to educate middle school and high school students on the health
effects on children and adolescents of the use of cannabis flower, cannabis products,
lower-potency hemp edibles and hemp-derived consumer products and other intoxicating
or controlled substances;
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(v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow
programs;
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(vi) grants to organizations for community development in social equity communities
through the CanRenew program;
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(vii) training of peace officers and law enforcement agencies on changes to laws involving
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products and the law's impact on searches and seizures;
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(viii) training of peace officers to increase the number of drug recognition experts;
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(ix) training of peace officers on the cultural uses of sage and distinguishing use of sage
from the use of cannabis flower, including whether the Board of Peace Officer Standards
and Training should approve or develop training materials;
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(x) the retirement and replacement of drug detection dogs; and
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(xi) the Department of Human Services and county social service agencies to address
any increase in demand for services.
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(g) In developing the recommended funding levels under paragraph (f), clause (9), items
(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota
Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota
Cities, the Association of Minnesota Counties, and county social services agencies.
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The office must contract with an outside vendor
to establish a statewide monitoring system for integrated cannabis tracking, inventory, and
verification to track all cannabis plants, cannabis flower, cannabis products, and synthetically
derived cannabinoids from seed, immature plant, or creation until disposal or sale to a patient
or customer.
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The monitoring system must allow cannabis
businesses and Tribal medical cannabis program manufacturers to submit monitoring data
to the office through the use of monitoring system software commonly used within the
cannabis industry and may also permit cannabis businesses and Tribal medical cannabis
program manufacturers to submit monitoring data through manual data entry with approval
from the office.
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For the purposes of this section, "type" means an individual
product in a product line that may be sold in different sizes, distinct packaging, or at various
prices but is still created using the same manufacturing or agricultural processes. A new or
additional stock keeping unit (SKU) or Universal Product Code (UPC) shall not prevent a
product from being considered the same type as another unit. All other terms have the
meanings provided in section 342.01.
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(a) The office shall approve types of cannabis flower,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer products other
than hemp-derived topical products for retail sale. The office shall not require reapproval
of a product type if the manufacturing or agricultural processes and final product unit remain
substantially similar to a previously approved type of cannabis flower, cannabis product,
lower-potency hemp edible, or hemp-derived consumer product.
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(b) The office shall not approve any cannabis product, lower-potency hemp edible, or
hemp-derived consumer product that:
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(1) is or appears to be a lollipop or ice cream;
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(2) bears the likeness or contains characteristics of a real or fictional person, animal, or
fruit;
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(3) is modeled after a type or brand of products primarily consumed by or marketed to
children;
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(4) is substantively similar to a meat food product; poultry food product as defined in
section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision
7;
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(5) contains an artificial cannabinoid;
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(6) is made by applying a cannabinoid, including but not limited to a synthetically derived
cannabinoid, to a finished food product that does not contain cannabinoids and is sold to
consumers, including but not limited to a candy or snack food; or
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(7) if the product is an edible cannabis product or lower-potency hemp edible, contains
an ingredient, other than a cannabinoid, that is not approved by the United States Food and
Drug Administration for use in food.
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(c) The office must not approve any cannabis flower, cannabis product, or hemp-derived
consumer product that:
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(1) is intended to be consumed by combustion or vaporization of the product and
inhalation of smoke, aerosol, or vapor from the product; and
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(2) imparts a taste or odor, other than the taste or odor of cannabis flower, that is
distinguishable by an ordinary person before or during consumption of the product.
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(d) The office may adopt rules to limit or prohibit ingredients in or additives to cannabis
flower, cannabis products, or hemp-derived consumer products to ensure compliance with
the limitations in paragraph (c).
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In consultation with the commissioner
of agriculture, the office by rule must establish certification, testing, and labeling
requirements for the methods used to grow new cannabis plants or hemp plants, including
but not limited to growth from seed, clone, cutting, or tissue culture.
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In consultation with the commissioner of
agriculture and representatives from the University of Minnesota Extension Service, the
office shall establish best practices for:
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(1) the cultivation and preparation of cannabis plants; and
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(2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation
to growing cannabis plants.
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(a) Any person seeking
to manufacture, process, sell, handle, or store an edible cannabis product or lower-potency
hemp edible, other than an edible cannabis product or lower-potency hemp edible that has
been placed in its final packaging, must first obtain an edible cannabinoid product handler
endorsement.
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(b) In consultation with the commissioner of agriculture, the office shall establish an
edible cannabinoid product handler endorsement.
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(c) The office must regulate edible cannabinoid product handlers and assess penalties
in the same manner provided for food handlers under chapters 28A, 31, and 34A and
associated rules, with the following exceptions:
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(1) the office must issue an edible cannabinoid product handler endorsement, rather than
a license;
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(2) eligibility for an edible cannabinoid product handler endorsement is limited to persons
who possess a valid license issued by the office;
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(3) the office may not charge a fee for issuing or renewing the endorsement;
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(4) the office must align the term and renewal period for edible cannabinoid product
handler endorsements with the term and renewal period of the license issued by the office;
and
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(5) an edible cannabis product or lower-potency hemp edible must not be considered
adulterated solely because the product contains tetrahydrocannabinol, cannabis concentrate,
hemp concentrate, synthetically derived cannabinoids, or any other material extracted or
derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts.
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(d) The edible cannabis product handler endorsement must prohibit the manufacture of
edible cannabis products at the same premises where food is manufactured, except for the
limited production of edible products produced solely for product development, sampling,
or testing. This limitation does not apply to the manufacture of lower-potency hemp edibles.
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In consultation with the commissioner of the Pollution
Control Agency, the office by rule must establish appropriate water standards for cannabis
businesses.
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In consultation with the commissioner of commerce, the office
by rule must establish appropriate energy standards for cannabis businesses.
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In consultation with the commissioner of the Pollution Control
Agency, the office by rule must establish appropriate solid waste standards for the disposal
of:
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(1) cannabis flower and cannabis products;
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(2) packaging;
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(3) recyclable materials, including minimum requirements for the use of recyclable
materials; and
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(4) other solid waste.
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The office by rule must establish appropriate standards and requirements
to limit odors produced by cannabis businesses.
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A cannabis business must comply
with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to
4.
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(a) The office may only adopt a rule under this section if the rule
is consistent with and at least as stringent as applicable state and federal laws related to the
subjects of subdivisions 1 to 4.
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(b) The office must coordinate and consult with a department or agency of the state
regarding the development and implementation of a rule under this section if the department
or agency has expertise or a regulatory interest in the subject matter of the rule.
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(a) An individual 21 years of age or older may:
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(1) use, possess, or transport cannabis paraphernalia;
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(2) possess or transport two ounces or less of adult-use cannabis flower in a public place;
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(3) possess five pounds or less of adult-use cannabis flower in the individual's private
residence;
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(4) possess or transport eight grams or less of adult-use cannabis concentrate;
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(5) possess or transport edible cannabis products or lower-potency hemp edibles infused
with a combined total of 800 milligrams or less of tetrahydrocannabinol;
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(6) give for no remuneration to an individual who is at least 21 years of age:
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(i) two ounces or less of adult-use cannabis flower;
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(ii) eight grams or less of adult-use cannabis concentrate; or
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(iii) an edible cannabis product or lower-potency hemp edible infused with 800 milligrams
or less of tetrahydrocannabinol; and
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(7) use adult-use cannabis flower and adult-use cannabis products in the following
locations:
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(i) a private residence, including the individual's curtilage or yard;
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(ii) on private property, not generally accessible by the public, unless the individual is
explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products on the property by the owner of the
property; or
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(iii) on the premises of an establishment or event licensed to permit on-site consumption.
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(b) Except as provided in paragraph (c), an individual may not:
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(1) use, possess, or transport cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products if the individual is under 21 years of age;
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(2) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in a motor vehicle as defined in section 169A.03, subdivision 15;
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(3) use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products at any location where smoking is prohibited under section 144.414;
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(4) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products in a public school, as defined in section 120A.05,
subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E, including all
facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
leases, rents, contracts for, or controls;
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(5) use or possess cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products in a state correctional facility;
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(6) operate a motor vehicle while under the influence of cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products;
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(7) give for no remuneration cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products to an individual under 21 years of age;
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(8) give for no remuneration cannabis flower or cannabis products as a sample or
promotional gift if the giver is in the business of selling goods or services; or
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(9) vaporize or smoke cannabis flower, cannabis products, artificially derived
cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol,
or vapor would be inhaled by a minor.
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(c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other
than by smoking or by a vaporized delivery method, possession, or transportation of medical
cannabis flower or medical cannabinoid products by a patient; a registered designated
caregiver; or a parent, legal guardian, or spouse of a patient.
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(d) A proprietor of a family or group family day care program must disclose to parents
or guardians of children cared for on the premises of the family or group family day care
program, if the proprietor permits the smoking or use of cannabis flower or cannabis products
on the premises outside of its hours of operation. Disclosure must include posting on the
premises a conspicuous written notice and orally informing parents or guardians. Cannabis
flower or cannabis products must be inaccessible to children and stored away from food
products.
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Up to eight cannabis
plants, with no more than four being mature, flowering plants may be grown at a single
residence, including the curtilage or yard, without a license to cultivate cannabis issued
under this chapter provided that cultivation takes place at the primary residence of an
individual 21 years of age or older and in an enclosed, locked space that is not open to public
view.
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No person may use a volatile solvent to separate or extract cannabis concentrate
or hemp concentrate without a cannabis microbusiness, cannabis mezzobusiness, cannabis
manufacturer, medical cannabis processor, or lower-potency hemp edible manufacturer
license issued under this chapter.
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No person may
sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products without a license issued under this chapter that authorizes the sale.
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No person may import lower-potency
hemp edible products or hemp-derived consumer products, other than hemp-derived topical
products, that are manufactured outside the boundaries of the state of Minnesota with the
intent to sell the products to consumers within the state or to any other person or business
that intends to sell the products to consumers within the state without a license issued under
this chapter that authorizes the importation of such products. This subdivision does not
apply to products lawfully purchased for personal use.
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(a) In addition to penalties listed in this subdivision, a
person who violates the provisions of this chapter is subject to any applicable criminal
penalty.
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(b) The office may assess the following civil penalties on a person who sells cannabis
flower or cannabis products without a license issued under this chapter that authorizes the
sale:
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(1) if the person sells more than two ounces but not more than eight ounces of cannabis
flower, up to $1,000;
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(2) if the person sells more than eight ounces but not more than one pound of cannabis
flower, up to $5,000;
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(3) if the person sells more than one pound but not more than five pounds of cannabis
flower, up to $25,000;
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(4) if the person sells more than five pounds but not more than 25 pounds of cannabis
flower, up to $100,000;
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(5) if the person sells more than 25 pounds but not more than 50 pounds of cannabis
flower, up to $250,000; and
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(6) if the person sells more than 50 pounds of cannabis flower, up to $1,000,000.
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(c) The office may assess the following civil penalties on a person who sells cannabis
concentrate without a license issued under this chapter that authorizes the sale:
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(1) if the person sells more than eight grams but not more than 40 grams of cannabis
concentrate, up to $1,000;
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(2) if the person sells more than 40 grams but not more than 80 grams of cannabis
concentrate, up to $5,000;
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(3) if the person sells more than 80 grams but not more than 400 grams of cannabis
concentrate, up to $25,000;
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(4) if the person sells more than 400 grams but not more than two kilograms of cannabis
concentrate, up to $100,000;
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(5) if the person sells more than two kilograms but not more than four kilograms of
cannabis concentrate, up to $250,000; and
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(6) if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000.
new text end
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(d) The office may assess the following civil penalties on a person who imports or sells
products infused with tetrahydrocannabinol without a license issued under this chapter that
authorizes the importation or sale:
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(1) if the person imports or sells products infused with a total of more than 800 milligrams
but not more than four grams of tetrahydrocannabinol, up to $1,000;
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(2) if the person imports or sells products infused with a total of more than four grams
but not more than eight grams of tetrahydrocannabinol, up to $5,000;
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(3) if the person imports or sells products infused with a total of more than eight grams
but not more than 40 grams of tetrahydrocannabinol, up to $25,000;
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(4) if the person imports or sells products infused with a total of more than 40 grams
but not more than 200 grams of tetrahydrocannabinol, up to $100,000;
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(5) if the person imports or sells products infused with a total of more than 200 grams
but not more than 400 grams of tetrahydrocannabinol, up to $250,000; and
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(6) if the person imports or sells products infused with a total of more than 400 grams
of tetrahydrocannabinol, up to $1,000,000.
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(e) The office may assess a civil penalty of up to $500 for each plant grown in excess
of the limit on a person who grows more than eight cannabis plants or more than four mature,
flowering plants, without a license to cultivate cannabis issued under this chapter.
new text end
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The office shall issue the following types of license:
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(1) cannabis microbusiness;
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(2) cannabis mezzobusiness;
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(3) cannabis cultivator;
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(4) cannabis manufacturer;
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(5) cannabis retailer;
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(6) cannabis wholesaler;
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(7) cannabis transporter;
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(8) cannabis testing facility;
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(9) cannabis event organizer;
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(10) cannabis delivery service;
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(11) lower-potency hemp edible manufacturer;
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(12) lower-potency hemp edible retailer;
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(13) medical cannabis cultivator;
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(14) medical cannabis processor; or
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(15) medical cannabis retailer.
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(a) The office shall require the payment of application fees, initial licensing fees, and
renewal licensing fees as provided in this section. The initial license fee shall include the
fee for initial issuance of the license and the first annual renewal. The renewal fee shall be
charged at the time of the second renewal and each subsequent annual renewal thereafter.
Nothing in this section prohibits a local unit of government from charging the retailer
registration fee established in section 342.22. Application fees, initial licensing fees, and
renewal licensing fees are nonrefundable.
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(b) Application and licensing fees shall be as follows:
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(1) for a cannabis microbusiness:
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(i) an application fee of $500;
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(ii) an initial license fee of $0; and
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(iii) a renewal license fee of $2,000;
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(2) for a cannabis mezzobusiness:
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(i) an application fee of $5,000;
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(ii) an initial license fee of $5,000; and
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(iii) a renewal license fee of $10,000;
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(3) for a cannabis cultivator:
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(i) an application fee of $10,000;
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(ii) an initial license fee of $20,000; and
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(iii) a renewal license fee of $30,000;
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(4) for a cannabis manufacturer:
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(i) an application fee of $10,000;
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(ii) an initial license fee of $10,000; and
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(iii) a renewal license fee of $20,000;
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(5) for a cannabis retailer:
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(i) an application fee of $2,500;
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(ii) an initial license fee of $2,500; and
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(iii) a renewal license fee of $5,000;
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(6) for a cannabis wholesaler:
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(i) an application fee of $5,000;
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(ii) an initial license fee of $5,000; and
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(iii) a renewal license fee of $10,000;
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(7) for a cannabis transporter:
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(i) an application fee of $250;
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(ii) an initial license fee of $500; and
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(iii) a renewal license fee of $1,000;
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(8) for a cannabis testing facility:
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(i) an application fee of $10,000;
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(ii) an initial license fee of $10,000; and
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(iii) a renewal license fee of $20,000;
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(9) for a cannabis delivery service:
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(i) an application fee of $250;
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(ii) an initial license fee of $500; and
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(iii) a renewal license fee of $1,000;
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(10) for a cannabis event organizer:
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(i) an application fee of $750; and
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(ii) an initial license fee of $750;
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(11) for a lower-potency hemp edible manufacturer:
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(i) an application fee of $250;
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(ii) an initial license fee of $1,000; and
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(iii) a renewal license fee of $1,000;
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(12) for a lower-potency hemp retailer:
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(i) an application fee of $250 per retail location;
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(ii) an initial license fee of $250 per retail location; and
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(iii) a renewal license fee of $250 per retail location;
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(13) for a medical cannabis cultivator:
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(i) an application fee of $250;
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(ii) an initial license fee of $0; and
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(iii) a renewal license fee of $0;
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(14) for a medical cannabis processor:
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new text begin
(i) an application fee of $250;
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(ii) an initial license fee of $0; and
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(iii) a renewal license fee of $0; and
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(15) for a medical cannabis retailer:
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(i) an application fee of $250;
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(ii) an initial license fee of $0; and
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(iii) a renewal license fee of $0.
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(a) Licenses issued under this chapter may be freely transferred subject to the prior
written approval of the office, which approval may be given or withheld in the office's sole
discretion, provided that a social equity applicant may only transfer the applicant's license
to another social equity applicant. A new license must be obtained when:
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(1) the form of the licensee's legal business structure converts or changes to a different
type of legal business structure; or
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(2) the licensee dissolves; reorganizes; undergoes bankruptcy, insolvency, or receivership
proceedings; or assigns all or substantially all of its assets for the benefit of creditors.
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(b) Licenses must be renewed annually.
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(c) License holders may petition the office to adjust the tier of a license issued within a
license category provided that the license holder meets all applicable requirements.
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(d) The office by rule may permit relocation of a licensed cannabis business, adopt
requirements for the submission of a license relocation application, establish standards for
the approval of a relocation application, and charge a fee not to exceed $250 for reviewing
and processing applications. Relocation of a licensed premises pursuant to this paragraph
does not extend or otherwise modify the license term of the license subject to relocation.
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(a) A local unit of government may not prohibit the possession, transportation, or use
of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products or cannabinoid products authorized under this chapter.
new text end
new text begin
(b) A local unit of government may not prohibit the establishment or operation of a
cannabis business licensed under this chapter.
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(c) A local unit of government may adopt reasonable restrictions on the time, place, and
manner of the operation of a cannabis business provided that such restrictions do not prohibit
the establishment or operation of cannabis businesses. A local unit of government may
prohibit the operation of a cannabis business within 500 feet of a school, day care, or park.
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(d) The office shall work with local units of government to develop model ordinances
for reasonable restrictions on the time, place, and manner of the operation of a cannabis
business.
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(e) If a local unit of government is conducting studies or has authorized a study to be
conducted or has held or has scheduled a hearing for the purpose of considering adoption
or amendment of reasonable restrictions on the time, place, and manner of the operation of
a cannabis business, the governing body of the local unit of government may adopt an
interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. Before adopting the
interim ordinance, the governing body must hold a public hearing. The interim ordinance
may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction
or a portion thereof until January 1, 2025.
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(f) Within 30 days of receiving a copy of an application for a cannabis business license
from the office, a local unit of government shall certify on a form provided by the office
whether a proposed cannabis business complies with local zoning ordinances and, if
applicable, whether the proposed business complies with the state fire code and building
code.
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(g) Upon receipt of an application for a license issued under this chapter, the office shall
contact the local unit of government in which the business would be located and provide
the local unit of government with 30 days in which to provide input on the application. The
local unit of government may provide the office with any additional information it believes
is relevant to the office's decision on whether to issue a license, including but not limited
to identifying concerns about the proposed location of a cannabis business or sharing public
information about an applicant.
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(h) The office by rule shall establish an expedited complaint process to receive, review,
and respond to complaints made by a local unit of government about a cannabis business.
Complaints may include alleged violations of local ordinances or other alleged violations.
At a minimum, the expedited complaint process shall require the office to provide an initial
response to the complaint within seven days and perform any necessary inspections within
30 days. Nothing in this paragraphs prohibits a local unit of government from enforcing a
local ordinance.
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(a) A local government unit that issues cannabis retailer registration under section 342.22
may, by ordinance, limit the number of licensed cannabis retailers consistent with the
following limits:
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(1) in cities of the first class and counties, one license for every 10,000 population;
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(2) in cities of the second class, at least four licenses plus one for every 5,000 over 45,000
population;
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(3) in cities of the third class, at least two licenses;
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(4) in cities of 5,000 to 10,000 population, at least one license; and
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(5) in cities under 5,000 population, at least one license.
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new text begin
(b) Nothing in this subdivision shall prohibit a local government from allowing licensed
cannabis retailers in excess of the minimums set in paragraph (a).
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(a) The office by rule shall establish forms and
procedures for the processing of licenses issued under this chapter. At a minimum, any
application to obtain or renew a license shall include the following information, if applicable:
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(1) the name, address, and date of birth of the applicant;
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(2) the disclosure of ownership and control required under paragraph (b);
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(3) the disclosure of whether the applicant or, if the applicant is a business, any officer,
director, manager, and general partner of the business has ever filed for bankruptcy;
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(4) the address and legal property description of the business;
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(5) a general description of the location or locations the applicant plans to operate,
including the planned square feet of planned space for cultivation, wholesaling, and retailing,
as applicable;
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(6) a diversity plan that establishes a goal of diversity in ownership, management,
employment, and contracting;
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(7) a copy of the security plan;
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(8) proof of trade name registration;
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(9) a copy of the applicant's business plan showing the expected size of the business;
anticipated growth; the methods of record keeping; the knowledge and experience of the
applicant and any officer, director, manager, and general partner of the business; the
environmental plan; and other relevant financial and operational components;
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(10) an attestation signed by a bona fide labor organization stating that the applicant has
entered into a labor peace agreement;
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(11) certification that the applicant will comply with the requirements of this chapter
relating to the ownership and operation of a cannabis business;
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(12) a land use compatibility statement from the local unit of government;
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(13) identification of one or more controlling persons or managerial employees as agents
who shall be responsible for dealing with the office on all matters; and
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new text begin
(14) a statement that the applicant agrees to respond to the office's supplemental requests
for information.
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(b) An applicant must file and update as necessary a disclosure of ownership and control.
The office by rule shall establish the contents and form of the disclosure. At a minimum,
the disclosure shall include the following:
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new text begin
(1) the management structure, ownership, and control of the applicant or license holder,
including the name of each cooperative member, officer, director, manager, general partner
or business entity; the office or position held by each person; each person's percentage
ownership interest, if any; and, if the business has a parent company, the name of each
owner, board member, and officer of the parent company and the owner's, board member's,
or officer's percentage ownership interest in the parent company and the cannabis business;
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new text begin
(2) a statement from the applicant and, if the applicant is a business, from every officer,
director, manager, and general partner of the business, indicating whether that person has
previously held, or currently holds, an ownership interest in a cannabis business in Minnesota,
any other state or territory of the United States, or any other country;
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new text begin
(3) if the applicant is a corporation, copies of its articles of incorporation and bylaws
and any amendments to its articles of incorporation or bylaws;
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(4) copies of any partnership agreement, operating agreement, or shareholder agreement;
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(5) copies of any promissory notes, security instruments, or other similar agreements;
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(6) explanation detailing the funding sources used to finance the business;
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(7) a list of operating and investment accounts for the business, including any applicable
financial institution and account number; and
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new text begin
(8) a list of each outstanding loan and financial obligation obtained for use in the business,
including the loan amount, loan terms, and name and address of the creditor.
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(c) An application may include:
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(1) proof that the applicant is a social equity applicant;
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(2) a description of the training and education that will be provided to any employee;
or
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new text begin
(3) a copy of business policies governing operations to ensure compliance with this
chapter.
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new text begin
(d) Commitments made by an applicant in its application, including but not limited to
the maintenance of a labor peace agreement, shall be an ongoing material condition of
maintaining and renewing the license.
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new text begin
(e) An application on behalf of a corporation or association shall be signed by at least
two officers or managing agents of that entity.
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new text begin
(a) An applicant must submit all required information
to the office on the forms and in the manner prescribed by the office.
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(b) If the office receives an application that fails to provide the required information,
the office shall issue a deficiency notice to the applicant. The applicant shall have ten
business days from the date of the deficiency notice to submit the required information.
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(c) Failure by an applicant to submit all required information will result in the application
being rejected.
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(d) Upon receipt of a completed application and fee, or a site permit application, the
office shall forward a copy of the application to the local unit of government in which the
business operates or intends to operate with a form for certification as to whether a proposed
cannabis business complies with local zoning ordinances and, if applicable, whether the
proposed business complies with the state fire code and building code.
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(e) Within 90 days of receiving a completed application, the office shall issue the
appropriate license or send the applicant a notice of rejection setting forth specific reasons
that the office did not approve the application.
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A license applicant or, in the case of a business entity,
every cooperative member or director, manager, and general partner of the business entity,
must submit a completed criminal history records check consent form, a full set of classifiable
fingerprints, and the required fees to the office. Upon receipt of this information, the office
must submit the completed criminal history records check consent form, full set of classifiable
fingerprints, and required fees to the Bureau of Criminal Apprehension. After receiving this
information, the bureau must conduct a Minnesota criminal history records check of the
license applicant. The bureau may exchange a license applicant's fingerprints with the
Federal Bureau of Investigation to obtain the applicant's national criminal history record
information. The bureau must return the results of the Minnesota and federal criminal history
records checks to the director to determine if the applicant is disqualified under section
342.19.
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An individual qualifies as a social equity applicant if the individual is:
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(1) a military veteran who lost honorable status due to a cannabis-related offense;
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(2) a resident for the last five years of one or more subareas, such as census tracts or
neighborhoods, that experienced a disproportionately large amount of cannabis enforcement
as determined by the study conducted by the office pursuant to section 342.04, paragraph
(b), and reported in the preliminary report, final report, or both; or
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(3) a resident for the last five years of one or more census tracts where, as reported in
the most recently completed decennial census published by the United States Bureau of the
Census, either:
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(i) the poverty rate was 20 percent or more; or
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(ii) the median family income did not exceed 80 percent of statewide median family
income or, if in a metropolitan area, did not exceed the greater of 80 percent of the statewide
median family income or 80 percent of the median family income for that metropolitan
area.
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The office shall issue the necessary number of licenses
in order to ensure the sufficient supply of cannabis flower and cannabis products to meet
demand, provide market stability, ensure a competitive market, and limit the sale of
unregulated cannabis flower and cannabis products. The office shall annually complete a
market analysis to determine whether it is fulfilling the four requirements listed in this
subdivision. The office shall hold public hearings as part of the market analysis to hear from
consumers, market stakeholders, and potential new applicants.
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(a) Except as otherwise provided
in this subdivision, the office shall not issue licenses to a single applicant that would result
in the applicant being vertically integrated in violation of the provisions of this chapter.
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(b) Nothing in this section prohibits or limits the issuance of microbusiness licenses or
mezzobusiness licenses or the issuance of both lower-potency hemp edible manufacturer
and lower-potency hemp edible retailer licenses to the same person or entity.
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(c) Nothing in this section prohibits or limits the two medical cannabis licensees licensed
as of January 1, 2023, from being vertically integrated through its existing cultivation,
processing, and dispensaries.
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(a) The office shall award points to each
completed application for a license to operate a cannabis business in the following categories:
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(1) status as a social equity applicant or as an applicant who is substantially similar to
a social equity applicant as described in paragraph (c);
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(2) status as a veteran applicant;
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(3) security and record keeping;
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(4) employee training plan;
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(5) business plan and financial situation;
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(6) diversity plan;
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(7) labor and employment practices;
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(8) knowledge and experience; and
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(9) environmental plan.
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(b) The office may award additional points to an application if the license holder would
expand service to an underrepresented market including but not limited to participation in
the medical cannabis program.
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(c) The office shall establish application materials permitting individual applicants to
demonstrate the impact that cannabis prohibition has had on that applicant including but
not limited to the arrest or imprisonment of the applicant or a member of the applicant's
immediate family, and the office may award points to such applicants in the same manner
as points are awarded to social equity applicants.
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(d) The office shall establish policies and guidelines, which shall be made available to
the public, regarding the number of points available in each category and the basis for
awarding those points. Status as a social equity applicant must account for at least 20 percent
of the total available points. In determining the number of points to award to a cooperative
or business applying as a social equity applicant, the office shall consider the number or
ownership percentage of cooperative members, officers, directors, managers, and general
partners who qualify as social equity applicants.
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(e) Consistent with the goals identified in subdivision 1, the office shall issue licenses
in each license category, giving priority to applicants who receive the highest score under
paragraphs (a) and (b). If there are insufficient licenses available for entities that receive
identical scores, the office shall utilize a lottery to randomly select license recipients from
among those entities.
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(a) Prior to the issuance of a license,
the office shall request a land use compatibility statement from the city, town, or county
that authorizes the land use. The land use compatibility statement must demonstrate that
the requested license is for a land use that is allowable within the given zoning designation
where the land is located. The office may not issue a license if the land use compatibility
statement shows that the proposed land use is prohibited in the applicable zone or if the
applicant has failed to meet the land use requirements of the jurisdiction.
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(b) A city, town, or county that receives a request from the office for a land use
compatibility statement under this section must act on that request within 21 days of receipt
of the request if the land use is allowable and the applicant has applied for and received all
necessary land use approvals.
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(c) The office shall not issue a license to an applicant who has failed to receive a local
land use compatibility statement approval from a local unit of government or to an applicant
whose local approvals have been suspended or revoked.
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(a) In order to carry out the purposes of this chapter,
the office, upon presenting appropriate credentials to the owner, operator, or agent in charge,
is authorized to:
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(1) enter any cannabis business or hemp business without delay and at reasonable times;
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(2) inspect and investigate during regular working hours and at other reasonable times,
within reasonable limits and in a reasonable manner, any cannabis business or hemp business
and all relevant conditions, equipment, records, and materials therein; and
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(3) question privately any employer, owner, operator, agent, or employee of a cannabis
business or hemp business.
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(b) An employer, owner, operator, agent, or employee must not refuse the office entry
or otherwise deter or prohibit the office from taking action under paragraph (a).
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(a) In making inspections and investigations under this chapter,
the office shall have the power to administer oaths, certify as to official acts, take and cause
to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses
and production of papers, books, documents, records, and testimony. In case of failure of
any person to comply with any subpoena lawfully issued, or on the refusal of any witness
to produce evidence or to testify to any matter regarding which the person may be lawfully
interrogated, the district court shall, upon application of the office, compel obedience
proceedings for contempt, as in the case of disobedience of the requirements of a subpoena
issued by the court or a refusal to testify therein.
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(b) If the office finds probable cause to believe that any cannabis plant, cannabis flower,
cannabis product, synthetically derived cannabinoid, lower-potency hemp edible, or
hemp-derived consumer product is being distributed in violation of this chapter or rules
adopted under this chapter, the office shall affix to the item a tag, withdrawal from
distribution order, or other appropriate marking providing notice that the cannabis plant,
cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency hemp
edible, hemp-derived consumer product, or cannabinoid product is, or is suspected of being,
distributed in violation of this chapter and has been detained or embargoed, and warning
all persons not to remove or dispose of the item by sale or otherwise until permission for
removal or disposal is given by the office or the court. It is unlawful for a person to remove
or dispose of detained or embargoed cannabis plant, cannabis flower, cannabis product,
synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer
product by sale or otherwise without the office's or a court's permission and each transaction
is a separate violation of this section.
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(c) Notwithstanding subdivision 5, if any cannabis plant, cannabis flower, cannabis
product, synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived
consumer product has been found by the office to be in violation of this chapter, the office
shall petition the district court in the county in which the item is detained or embargoed for
an order and decree for the condemnation of the item. The office shall release the cannabis
plant, cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency
hemp edible, or hemp-derived consumer product when this chapter and rules adopted under
this chapter have been complied with or the item is found not to be in violation of this
chapter or rules adopted under this chapter.
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(d) If the court finds that detained or embargoed cannabis plant, cannabis flower,
synthetically derived cannabinoid, or cannabinoid product is in violation of this chapter or
rules adopted under this chapter, the following remedies are available:
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(1) after entering a decree, the cannabis plant, cannabis flower, cannabis product,
synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer
product may be destroyed at the expense of the claimant under the supervision of the office,
and all court costs, fees, storage, and other proper expenses must be assessed against the
claimant of the cannabis plant, cannabis flower, cannabis product, synthetically derived
cannabinoid, lower-potency hemp edible, or hemp-derived consumer product or the claimant's
agent; and
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(2) if the violation can be corrected by proper labeling or processing of the cannabis
plant, cannabis flower, cannabis product, synthetically derived cannabinoid, lower-potency
hemp edible, or hemp-derived consumer product, the court, after entry of the decree and
after costs, fees, and expenses have been paid, and a good and sufficient bond conditioned
that the cannabis plant, cannabis flower, synthetically derived cannabinoid, or cannabinoid
product must be properly labeled or processed has been executed, may by order direct that
the cannabis plant, cannabis flower, cannabis product, synthetically derived cannabinoid,
lower-potency hemp edible, or hemp-derived consumer product be delivered to the claimant
for proper labeling or processing under the supervision of the office. The office's supervision
expenses must be paid by the claimant. The cannabis plant, cannabis flower, cannabis
product, synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived
consumer product must be returned to the claimant and the bond must be discharged on
representation to the court by the office that the cannabis plant, cannabis flower, cannabis
product, synthetically derived cannabinoid, lower-potency hemp edible, or hemp-derived
consumer product is no longer in violation and that the office's supervision expenses have
been paid.
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(e) If the office finds in any room, building, piece of equipment, vehicle of transportation,
or other structure any cannabis plant, cannabis flower, cannabis product, synthetically
derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product that
is unsound or contains any filthy, decomposed, or putrid substance, or that may be poisonous
or deleterious to health or otherwise unsafe, the office shall condemn or destroy the item
or in any other manner render the item as unsalable, and no one has any cause of action
against the office on account of the office's action.
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(f) The office may enter into an agreement with the commissioner of agriculture to
analyze and examine samples or other articles furnished by the office for the purpose of
determining whether the sample or article violates this chapter or rules adopted under this
chapter. A copy of the examination or analysis report for any such article, duly authenticated
under oath by the laboratory analyst making the determination or examination, shall be
prima facie evidence in all courts of the matters and facts contained in the report.
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Subject to rules issued by the office, a representative of
a cannabis business or hemp business shall be given an opportunity to accompany the office
during the physical inspection of any cannabis business for the purpose of aiding such
inspection.
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(a) The office may conduct
inspections of any licensed cannabis business or hemp business at any time to ensure
compliance with the ownership and operation requirements of this chapter.
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(b) Any person may report a suspected violation of a safety or health standard. If upon
receipt of such notification the office determines that there are reasonable grounds to believe
that such violation or danger exists, the office shall make a special inspection as soon as
practicable to determine if such danger or violation exists.
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(c) The office shall prioritize inspections of cannabis businesses or hemp businesses
where there are reasonable grounds to believe that a violation poses imminent danger to the
public or customers.
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(d) The office shall promptly inspect cannabis businesses or hemp businesses that are
the subject of complaint by a local unit of government.
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(a) The office may issue an
administrative order to any licensed cannabis business or hemp business that the office
determines has committed a violation of this chapter or rules adopted pursuant to this chapter.
The administrative order may require the business to correct the violation or to cease and
desist from committing the violation. The order must state the deficiencies that constitute
the violation and the time by which the violation must be corrected. If the business believes
that the information in the administrative order is in error, the business may ask the office
to consider the parts of the order that are alleged to be in error. The request must be in
writing, delivered to the office by certified mail within seven days after receipt of the order,
and provide documentation to support the allegation of error. The office must respond to a
request for reconsideration within 15 days after receiving the request. A request for
reconsideration does not stay the correction order unless the office issues a supplemental
order granting additional time. The office's disposition of a request for reconsideration is
final.
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(b) For each violation of this chapter or rules adopted pursuant to this chapter, the office
may issue to each business a monetary penalty of up to $10,000, an amount that deprives
the business of any economic advantage gained by the violation, or both.
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(c) An administrative penalty may be recovered in a civil action in the name of the state
brought in the district court of the county where the violation is alleged to have occurred
or the district court where the office is housed.
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(d) In addition to penalties listed in this subdivision, a person or business who violates
the provisions of this chapter is subject to any applicable criminal penalty.
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(a) The following data collected, created, or maintained by
the office is classified as nonpublic data, as defined in section 13.02, subdivision 9, or as
private data on individuals, as defined in section 13.02, subdivision 12:
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(1) data submitted by an applicant for a cannabis business license, other than the
applicant's name and designated address;
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(2) the identity of a complainant who has made a report concerning a license holder or
applicant that appears in inactive complaint data unless the complainant consents to the
disclosure;
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(3) the nature or content of unsubstantiated complaints when the information is not
maintained in anticipation of legal action;
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(4) the record of any disciplinary proceeding except as limited by paragraph (b);
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(5) data identifying retail or wholesale customers of a cannabis business; and
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(6) data identifying cannabis workers.
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(b) Minutes, application data on license holders except nondesignated addresses, orders
for hearing, findings of fact, conclusions of law, and specification of the final disciplinary
action contained in the record of the disciplinary action are classified as public, pursuant to
section 13.02, subdivision 15. If there is a public hearing concerning the disciplinary action,
the entire record concerning the disciplinary proceeding is public data pursuant to section
13.02, subdivision 15. If the license holder and the office agree to resolve a complaint
without a hearing, the agreement and the specific reasons for the agreement are public data.
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(c) The office must establish written procedures to ensure that only individuals authorized
by law may enter, update, or access the data classified as nonpublic or private data on
individuals in this subdivision. An authorized individual's ability to enter, update, or access
data in the system must correspond to the official duties or training level of the individual
and to the statutory authorization granting access for that purpose. All queries and responses,
and all actions in which not public data are entered, updated, accessed, shared, or
disseminated, must be recorded in a data audit trail. Data contained in the audit trail have
the same classification as the underlying data tracked by the audit trail.
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(d) The office must not share data classified as private under this subdivision or other
data identifying an individual applicant or license holder with any federal agency, federal
department, or federal entity unless specifically ordered to do so by a state or federal court.
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The office may revoke or not
renew a license when the office has cause to believe that a cannabis business has violated
an ownership or operational requirement in this chapter or rules adopted pursuant to this
chapter. The office must notify the license holder in writing, specifying the grounds for
revocation or nonrenewal and fixing a time of at least 20 days thereafter for a hearing on
the matter.
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(a) Before the office revokes or does not renew a
license, the office must provide the license holder with a statement of the complaints made
against the license holder, and the office must hold a hearing to determine whether the office
should revoke the license or deny renewal of the license. The license holder shall receive
notice at least 20 days before the date of the hearing and notice may be served either by
certified mail addressed to the address of the license holder as shown in the license
application or in the manner provided by law for the service of a summons. At the time and
place fixed for the hearing, the office, or any office employee or agent authorized by the
office to conduct the hearing, shall receive evidence, administer oaths, and examine witnesses.
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(b) After the hearing held pursuant to paragraph (a), or upon the failure of the license
holder to appear at the hearing, the office must take action as is deemed advisable and issue
written findings that the office must mail to the license holder. An action of the office under
this paragraph is subject to judicial review pursuant to chapter 14.
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The office may temporarily, without hearing, suspend
the license and operating privilege of any business licensed under this chapter for up to 90
days if continuing the operation of the business would threaten the health or safety of any
person. The office may extend the period for an additional 90 days if the office notified the
business that the office intends to revoke or not renew a license and the hearing required
under subdivision 2 has not taken place.
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Every license applicant and prospective cannabis
worker must submit a completed criminal history records check consent form, a full set of
classifiable fingerprints, and the required fees to the office. Upon receipt of this information,
the office must submit the completed criminal history records check consent form, full set
of classifiable fingerprints, and required fees to the Bureau of Criminal Apprehension. After
receiving this information, the bureau must conduct a Minnesota criminal history records
check of the license applicant. The bureau may exchange a license applicant's fingerprints
with the Federal Bureau of Investigation to obtain the applicant's national criminal history
record information. The bureau must return the results of the Minnesota and federal criminal
history records checks to the director to determine if the applicant is disqualified under this
section.
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(a) No person may hold or receive a
license issued under this chapter or work for a cannabis business if the person has been
convicted of, or received a stay of adjudication for, a violation of a state or federal controlled
substance law that is a felony under Minnesota law or would be a felony if committed in
Minnesota, regardless of the sentence imposed, unless the office determines that the person's
conviction was for the possession or sale of cannabis.
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(b) A person who has been convicted of, or received a stay of adjudication for, a violation
of Minnesota Statutes 2022, section 152.023, subdivision 1, clause (3), or a state or federal
law in conformity with that provision, for the sale of cannabis to a person under the age of
18 may hold or receive a license issued under this chapter, or work for a cannabis business,
if 20 years have passed since the date the person was convicted or adjudication was stayed.
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(c) Except as provided in paragraph (a), (b), or (d), a person who has been convicted of,
or received a stay of adjudication for, a violation of a state or federal law that is a felony
under Minnesota law or would be a felony if committed in Minnesota, regardless of the
sentence imposed, may hold or receive a license issued under this chapter, or work for a
cannabis business, if five years have passed since the discharge of the sentence.
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(d) No license holder or applicant may hold or receive a license issued under this chapter,
or work for a cannabis business, if the person has been convicted of a sale of cannabis in
the first degree under section 152.0264, subdivision 2.
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(e) A person who has been convicted of sale of cannabis in the second degree under
section 152.0264, subdivision 3, may hold or receive a license issued under this chapter or
work for a cannabis business if ten years have passed since the discharge of the sentence.
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(f) A person who has been convicted of sale of cannabis in the third degree under section
152.0264, subdivision 4, may hold or receive a license issued under this chapter or work
for a cannabis business if five years have passed since the discharge of the sentence.
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(g) A person who has been convicted of sale of cannabis in the fourth degree under
section 152.0264, subdivision 5, may hold or receive a license issued under this chapter or
work for a cannabis business if one year has passed since the discharge of the sentence.
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(h) If the license holder or applicant is a business entity, the disqualifications under this
subdivision apply to every cooperative member or every director, manager, and general
partner of the business entity.
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The office may set aside a disqualification under
subdivision 2 if the office finds that the person has submitted sufficient information to
demonstrate that the person does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter.
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(a) A license holder or applicant must meet each of
the following requirements, if applicable, to hold or receive a license issued under this
chapter:
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(1) be at least 21 years of age;
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(2) have completed an application for licensure or application for renewal;
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(3) have paid the applicable application fee;
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(4) reside in the state;
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(5) if the applicant or license holder is a business entity, be incorporated in the state or
otherwise formed or organized under the laws of the state;
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(6) if the applicant or license holder is a business entity, at least 75 percent of the business
must be owned by Minnesota residents;
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(7) not be employed by the office or any state agency with regulatory authority under
this chapter or the rules adopted pursuant to this chapter;
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(8) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph
(c);
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(9) never have had a license previously issued under this chapter revoked;
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(10) have filed any previously required tax returns for a cannabis business;
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(11) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties
due relating to the operation of a cannabis business;
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(12) have fully and truthfully complied with all information requests of the office relating
to license application and renewal;
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(13) not be disqualified under subdivision 2;
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(14) not employ an individual who is disqualified from working for a cannabis business
under this chapter; and
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(15) meet the ownership and operational requirements for the type of license and, if
applicable, endorsement sought or held.
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(b) If the license holder or applicant is a business entity, every officer, director, manager,
and general partner of the business entity must meet each of the requirements of this section.
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(a) A cannabis business may not
employ an individual under 21 years of age and may not contract with an individual under
21 years of age if the individual's scope of work involves the handling of cannabis plants,
cannabis flower, synthetically derived cannabinoids, or cannabinoid products.
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(b) A cannabis business may not permit an individual under 21 years of age to enter the
business premises other than entry by a patient enrolled in the registry program.
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(c) A cannabis business may not sell or give cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products to an individual under
21 years of age unless the individual is a patient; registered designated caregiver; or parent,
legal guardian, or spouse of a patient who is authorized to use, possess, or transport medical
cannabis flower or medical cannabinoid products.
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(a) A cannabis business may not permit an individual who is not an employee to
consume cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products within its licensed premises unless the business is licensed to permit
on-site consumption or the business has an on-site endorsement to a license authorizing the
sale of lower-potency edible products.
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(b) Except as otherwise provided in this subdivision, a cannabis business may not permit
an employee to consume cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products within its licensed premises or while the employee is
otherwise engaged in activities within the course and scope of employment.
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(c) A cannabis business may permit an employee to use medical cannabis flower and
medical cannabinoid products if that individual is a patient.
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(d) For quality control, employees of a licensed cannabis business may sample cannabis
flower or cannabinoid products. Employees may not interact directly with customers for at
least three hours after sampling a product. Employees may not consume more than three
samples in a single 24-hour period. All samples must be recorded in the statewide monitoring
system.
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(a) Except as otherwise provided in this subdivision, a
cannabis business may not permit any individual to enter a restricted area unless the cannabis
business records the individual's name, time of entry, time of exit, and authorization to enter
the restricted area through use of an electronic or manual entry log and the individual:
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(1) is a cannabis worker employed by or contracted with the cannabis business;
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(2) is an employee of the office or another enforcement agency;
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(3) is a contractor of the cannabis business, including but not limited to an electrician,
a plumber, an engineer, or an alarm technician, whose scope of work will not involve the
handling of cannabis flower, cannabis products, or hemp-derived consumer products and,
if the individual is working in an area with immediate access to cannabis flower, cannabis
products, or hemp-derived consumer products, the individual is supervised at all times by
a cannabis worker employed by or contracted with the cannabis business; or
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(4) has explicit authorization from the office to enter a restricted area and, if the individual
is in an area with immediate access to cannabis flower or cannabinoid products, the individual
is supervised at all times by a cannabis worker employed by or contracted with the cannabis
business.
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(b) A cannabis business shall ensure that all areas of entry to restricted areas within its
licensed premises are conspicuously marked and cannot be entered without recording the
individual's name, time of entry, time of exit, and authorization to enter the restricted area.
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A cannabis business must maintain a ventilation
and filtration system sufficient to meet the requirements for odor control established by the
office.
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(a) A cannabis business must retain financial records for the current
and previous tax year at the primary business location and must make those records available
for inspection by the office at any time during regular business hours.
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(b) When applicable, a cannabis business must maintain financial records for the previous
ten tax years and must make those records available for inspection within one business day
of receiving a request for inspection by the office.
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(c) The office may require a cannabis business to submit to an audit of its business
records. The office may select or approve the auditor and the cannabis business must provide
the auditor with access to all business records. The cost of the audit must be paid by the
cannabis business.
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A cannabis business shall provide an annual report on the
status of diversity in the business ownership, management, and employment and in services
for which the business contracts.
new text end
new text begin
(a) A cannabis business must use the
statewide monitoring system for integrated cannabis tracking, inventory, and verification
to track all cannabis plants, cannabis flower, cannabis products, and hemp-derived consumer
products the cannabis business has in its possession to the point of disposal, transfer, or
sale.
new text end
new text begin
(b) For the purposes of this subdivision, a cannabis business possesses the cannabis
plants and cannabis flower that the business cultivates from seed or immature plant, if
applicable, or receives from another cannabis business and possesses the cannabis products
and hemp-derived consumer products that the business manufacturers or receives from
another cannabis business.
new text end
new text begin
(c) Sale and transfer of cannabis plants, cannabis flower, cannabis products, and
hemp-derived consumer products must be recorded in the statewide monitoring system
within the time established by rule.
new text end
new text begin
(a) A cannabis business must dispose of cannabis
plants, cannabis flower, cannabinoid products, and synthetically derived cannabinoids that
are damaged, have a broken seal, have been contaminated, or have not been sold by the
expiration date on the label.
new text end
new text begin
(b) Disposal must be conducted in a manner approved by the office.
new text end
new text begin
(c) Disposed products must be documented in the statewide monitoring system.
new text end
new text begin
(d) Any lost or stolen products must be reported to local law enforcement and a cannabis
business must log any lost or stolen products in the statewide monitoring system as soon
as the loss is discovered.
new text end
new text begin
A cannabis business may only sell cannabis plants,
cannabis flower, cannabinoid products, and synthetically derived cannabinoids that are
approved by the office and that comply with this chapter and rules adopted pursuant to this
chapter regarding the testing, packaging, and labeling of cannabis plants, cannabis flower,
cannabinoid products, and synthetically derived cannabinoids.
new text end
new text begin
A cannabis business must maintain and follow a security plan to
deter and prevent the theft or diversion of cannabis plants, cannabis flower, cannabis products,
or hemp-derived consumer products; unauthorized entry into the cannabis business; and the
theft of currency.
new text end
new text begin
(a) Except for the lawful sale of cannabis plants,
cannabis flower, cannabinoid products, and synthetically derived cannabinoids in the ordinary
course of business and as otherwise provided in this subdivision, no cannabis business may
offer, give, accept, receive, or borrow money or anything else of value or accept or receive
credit from any other cannabis business. This prohibition applies to offering or receiving a
benefit in exchange for preferential placement by a cannabis retailer, including preferential
placement on the cannabis retailer's shelves, display cases, or website. This prohibition
applies to every cooperative member or every director, manager, and general partner of a
cannabis business.
new text end
new text begin
(b) This prohibition does not apply to merchandising credit in the ordinary course of
business for a period not to exceed 30 days or for marketing or consumer education materials
made available in a retail location.
new text end
new text begin
(c) This prohibition does not apply to free samples of useable cannabis flower or
cannabinoid products packaged in a sample jar protected by a plastic or metal mesh screen
to allow customers to smell the cannabis flower or cannabinoid product before purchase.
A sample jar may not contain more than eight grams of useable cannabis flower, eight grams
of a cannabis concentrate, or an edible cannabinoid product infused with 100 milligrams of
tetrahydrocannabinol.
new text end
new text begin
(d) This prohibition does not apply to free samples of cannabis flower or cannabinoid
products provided to a cannabis retailer or cannabis wholesaler for the purposes of quality
control and to allow cannabis retailers to determine whether to offer a product for sale. A
sample provided for these purposes may not contain more than eight grams of useable
cannabis flower, eight grams of a cannabis concentrate, or an edible cannabinoid product
infused with 100 milligrams of tetrahydrocannabinol.
new text end
new text begin
(e) This prohibition does not apply to any fee charged by a licensed cannabis event
organizer to a cannabis business for participation in a cannabis event.
new text end
new text begin
A cannabis business may not directly or indirectly make
an agreement with a cannabis retailer that binds the cannabis retailer to purchase the products
of one cannabis cultivator or cannabis manufacturer to the exclusion of the products of other
cannabis cultivators or cannabis manufacturers. A cannabis retailer who is a party to a
violation of this section or who receives the benefits of a violation is equally guilty of a
violation.
new text end
new text begin
A cannabis business must not share data on retail or
wholesale customers with any federal agency, federal department, or federal entity unless
specifically ordered by a state or federal court.
new text end
new text begin
A cannabis cultivator license entitles the license
holder to grow cannabis plants within the approved amount of space from seed or immature
plant to mature plant, harvest cannabis flower from a mature plant, package and label
cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis
manufacturer located on the same premises, and perform other actions approved by the
office.
new text end
new text begin
A cannabis cultivator may cultivate up to 15,000 square feet
of plant canopy unless the office, by rule, increases that limit. The office may, by rule,
increase the limit on plant canopy to no more than 30,000 cubic feet if the office determines
that expansion is consistent with the goals identified in section 342.02, subdivision 1. A
cannabis cultivator may not operate multiple tiers of cultivation unless authorized by the
office.
new text end
new text begin
In addition to the information required to
be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis cultivator license must submit the
following information in a form approved by the office:
new text end
new text begin
(1) an operating plan demonstrating the proposed size and layout of the cultivation
facility; plans for wastewater and waste disposal for the cultivation facility; plans for
providing electricity, water, and other utilities necessary for the normal operation of the
cultivation facility; and plans for compliance with the applicable building code and federal
and state environmental and workplace safety requirements;
new text end
new text begin
(2) a cultivation plan demonstrating the proposed size and layout of the cultivation
facility that will be used exclusively for cultivation including the total amount of plant
canopy; and
new text end
new text begin
(3) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis cultivator license may also hold a cannabis manufacturing license, medical cannabis
cultivator license, medical cannabis producer license, license to grow industrial hemp, and
cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis cultivator license may own or operate any other cannabis business or hemp business.
This prohibition does not prevent the transportation of cannabis flower from a cannabis
cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business
and located on the same premises.
new text end
new text begin
(c) The office by rule may limit the number of cannabis cultivator licenses a person,
cooperative, or business may hold.
new text end
new text begin
(d) For purposes of this subdivision, a restriction on the number or type of license a
business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
A cannabis cultivator must comply with the
requirements in section 342.25.
new text end
new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
new text end
new text begin
(1) holding a direct or indirect economic interest in a cannabis cultivator;
new text end
new text begin
(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis cultivator; or
new text end
new text begin
(3) advertising with a cannabis cultivator in any way.
new text end
new text begin
A cannabis cultivator is prohibited from:
new text end
new text begin
(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
new text end
new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
new text end
new text begin
Before making retail sales to customers or patients,
a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness
with a retail operations endorsement, cannabis retailer, medical cannabis retailer, or
lower-potency hemp edible retailer must register with the city, town, or county in which
the retail establishment is located. A county may issue a registration in cases where a city
or town has provided consent for the county to issue the registration for the jurisdiction.
new text end
new text begin
(a) A local unit of government may impose an initial retail
registration fee of up to half the amount of the applicable initial license fee under section
342.11. The local unit of government may also impose a renewal retail registration fee of
up to half the amount of the applicable renewal license fee under section 342.11. The initial
license fee shall include the fee for initial registration and the first annual renewal. Any
renewal fee imposed by the local unit of government shall be charged at the time of the
second renewal and each subsequent annual renewal thereafter.
new text end
new text begin
(b) The local unit of government may not charge an application fee.
new text end
new text begin
(c) A cannabis business with a cannabis retailer license and a medical cannabis retailer
license for the same location may only be charged a single registration fee.
new text end
new text begin
(d) Registration fees are nonrefundable.
new text end
new text begin
(a) A local unit of government shall issue a retail
registration to a cannabis microbusiness with a retail operations endorsement, cannabis
mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis
retailer, or lower-potency hemp edible retailer that:
new text end
new text begin
(1) has a valid license issued by the office;
new text end
new text begin
(2) has paid the registration fee or renewal fee pursuant to subdivision 2;
new text end
new text begin
(3) is found to be in compliance with the requirements of this chapter at any preliminary
compliance check that the local unit of government performs; and
new text end
new text begin
(4) if applicable, is current on all property taxes and assessments at the location where
the retail establishment is located.
new text end
new text begin
(b) Before issuing a retail registration, the local unit of government may conduct a
preliminary compliance check to ensure that the cannabis business or hemp business is in
compliance with the applicable operation requirements and the limits on the types of cannabis
flower, cannabinoid products, and hemp-derived consumer products that may be sold.
new text end
new text begin
(c) A local unit of government shall renew the retail registration of a cannabis business
or hemp business when the office renews the license of the cannabis business or hemp
business.
new text end
new text begin
(d) A retail registration issued under this section may not be transferred.
new text end
new text begin
(a) A local unit of government shall conduct compliance
checks of every cannabis business and hemp business with a retail registration issued by
the local unit of government. The checks shall assess compliance with age verification
requirements, the applicable operation requirements, and the applicable limits on the types
of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products being sold.
new text end
new text begin
(b) The local unit of government must conduct unannounced age verification compliance
checks at least once each calendar year. Age verification compliance checks must involve
persons at least 17 years of age, but under the age of 21, who, with the prior written consent
of a parent or guardian if the person is under the age of 18, attempt to purchase cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
under the direct supervision of a law enforcement officer or an employee of the local unit
of government.
new text end
new text begin
(c) Checks to ensure compliance with the applicable operation requirements and the
limits on the types of cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products that may be sold must be performed at least once each
calendar year and may be performed by a law enforcement officer or an employee of the
local unit of government.
new text end
new text begin
(a) If
a local unit of government determines that a cannabis business or hemp business with a
retail registration issued by the local unit of government is not operating in compliance with
the requirements of this chapter or that the operation of the business poses an immediate
threat to the health or safety of the public, the local unit of government may suspend the
retail registration of the cannabis business or hemp business. The local unit of government
must immediately notify the office of the suspension and shall include a description of the
grounds for the suspension.
new text end
new text begin
(b) The office shall review the retail registration suspension and may order reinstatement
of the retail registration or take any action described in section 342.17 or 342.18.
new text end
new text begin
(c) The retail registration suspension must be for up to 30 days unless the office suspends
the license and operating privilege of the cannabis business or hemp business for a longer
period or revokes the license.
new text end
new text begin
(d) The local unit of government may reinstate the retail registration if the local unit of
government determines that any violation has been cured. The local unit of government
must reinstate the retail registration if the office orders reinstatement.
new text end
new text begin
(e) No cannabis microbusiness with a retail operations endorsement, cannabis
mezzobusiness with a retail operations endorsement, cannabis retailer, medical cannabis
retailer, or lower-potency hemp edible retailer may make any sale to a customer or patient
without a valid retail registration. A local unit of government may impose a civil penalty
of up to $2,000 for each violation of this paragraph.
new text end
new text begin
(a) Cannabis businesses and hemp businesses must retain
financial records for the current and previous tax year at the primary business location and
must make those records available for inspection by the office at any time during regular
business hours.
new text end
new text begin
(b) When applicable, a cannabis business or hemp business must maintain financial
records for the previous ten tax years and must make those records available for inspection
within one business day of receiving a request for inspection by the office.
new text end
new text begin
(c) The office may require a cannabis business or hemp business to submit to an audit
of its business records. The office may select or approve the auditor and the cannabis business
or hemp business must provide the auditor with access to all business records. The cost of
the audit must be paid by the cannabis business or hemp business.
new text end
new text begin
Cannabis businesses and hemp businesses shall provide an
annual report on the status of diversity in the business ownership, management, and
employment and in services for which the business contracts.
new text end
new text begin
(a) Cannabis businesses and hemp businesses
must dispose of cannabis plants, cannabis flower, cannabis products, artificially derived
cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are
damaged, have a broken seal, have been contaminated, or have not been sold by the expiration
date on the label.
new text end
new text begin
(b) Disposal must be conducted in a manner approved by the office.
new text end
new text begin
(c) Disposal of any cannabis plants, cannabis flower, cannabis products, artificially
derived cannabinoids, and hemp-derived consumer products that are required to be entered
into the statewide monitoring system must be documented in the statewide monitoring
system.
new text end
new text begin
(d) Loss or theft of any cannabis plants, cannabis flower, cannabis products, synthetically
derived cannabinoids, or hemp-derived consumer products that are required to be entered
into the statewide monitoring system must be reported to local law enforcement and a
business must log any such loss or theft in the statewide monitoring system as soon as the
loss or theft is discovered.
new text end
new text begin
Cannabis businesses and hemp businesses may
only sell cannabis plants, cannabis flower, cannabis products, synthetically derived
cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are
a type approved by the office and that comply with this chapter and rules adopted pursuant
to this chapter regarding the testing, packaging, and labeling of cannabis plants, cannabis
flower, cannabis products, synthetically derived cannabinoids, lower-potency hemp edibles,
and hemp-derived consumer products.
new text end
new text begin
(a) Except for the lawful sale of cannabis plants,
cannabis flower, cannabis products, synthetically derived cannabinoids, lower-potency
hemp edibles, and hemp-derived consumer products in the ordinary course of business and
as otherwise provided in this subdivision, no cannabis business or hemp business may offer,
give, accept, receive, or borrow money or anything else of value or accept or receive credit
from any other cannabis business. This prohibition applies to offering or receiving a benefit
in exchange for preferential placement by a retailer, including preferential placement on
the retailer's shelves, display cases, or website. This prohibition applies to every cooperative
member or every director, manager, and general partner of a cannabis business or hemp
business.
new text end
new text begin
(b) This prohibition does not apply to merchandising credit in the ordinary course of
business for a period not to exceed 30 days.
new text end
new text begin
(c) This prohibition does not apply to free samples of useable cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products packaged in a
sample jar protected by a plastic or metal mesh screen to allow customers to smell the
cannabis flower, cannabis product, lower-potency hemp edible, or hemp-derived consumer
product before purchase. A sample jar may not contain more than eight grams of useable
cannabis flower, eight grams of a cannabis concentrate, an edible cannabis product infused
with 100 milligrams of tetrahydrocannabinol, a lower-potency hemp edible infused with
50 milligrams of tetrahydrocannabinol, or a hemp-derived consumer product with a total
weight of more than eight grams.
new text end
new text begin
(d) This prohibition does not apply to free samples of cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products provided to a retailer or
cannabis wholesaler for the purposes of quality control and to allow retailers to determine
whether to offer a product for sale. A sample provided for these purposes may not contain
more than eight grams of useable cannabis flower, eight grams of a cannabis concentrate,
an edible cannabis product infused with 100 milligrams of tetrahydrocannabinol, a
lower-potency hemp edible infused with 50 milligrams of tetrahydrocannabinol, or a
hemp-derived consumer product with a total weight of more than eight grams.
new text end
new text begin
(e) This prohibition does not apply to any fee charged by a licensed cannabis event
organizer to a cannabis business or hemp business for participation in a cannabis event.
new text end
new text begin
Cannabis businesses and hemp businesses must not share
data on retail or wholesale customers with any federal agency, federal department, or federal
entity unless specifically ordered by a state or federal court.
new text end
new text begin
A cannabis manufacturer license, consistent with
the specific license endorsement or endorsements, entitles the license holder to:
new text end
new text begin
(1) purchase cannabis flower, cannabis products, hemp plant parts, hemp concentrate,
and synthetically derived cannabinoids from a cannabis microbusiness, a cannabis
mezzobusiness, a cannabis cultivator, another cannabis manufacturer, a cannabis wholesaler,
or an industrial hemp grower;
new text end
new text begin
(2) accept cannabis flower from unlicensed persons who are at least 21 years of age
provided that the cannabis manufacturer does not accept more than two ounces from an
individual on a single occasion;
new text end
new text begin
(3) make cannabis concentrate;
new text end
new text begin
(4) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
new text end
new text begin
(5) manufacture synthetically derived cannabinoids;
new text end
new text begin
(6) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
new text end
new text begin
(7) package and label adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for customers;
new text end
new text begin
(8) sell cannabis concentrate, hemp concentrate, synthetically derived cannabinoids,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to
other cannabis businesses; and
new text end
new text begin
(9) perform other actions approved by the office.
new text end
new text begin
The office shall, by rule, establish a limit on the manufacturing
of cannabis products, lower-potency hemp edibles, or hemp-derived consumer products a
cannabis manufacturer may perform. The limit must be equivalent to the amount of cannabis
flower that can be harvested from a facility with a plant canopy of 15,000 square feet in a
year, but may be increased to the amount that can be harvested from a facility with up to
30,000 cubic feet of plant canopy if the office expands the allowable area of cultivation
under section 342.21, subdivision 2.
new text end
new text begin
In addition to the information required to
be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis manufacturer license must submit the
following information in a form approved by the office:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
the manufacturing facility; plans for providing electricity, water, and other utilities necessary
for the normal operation of the manufacturing facility; and plans for compliance with
applicable building code and federal and state environmental and workplace safety
requirements; and
new text end
new text begin
(2) evidence that the business will comply with the applicable operation requirements
for the endorsement being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis manufacturer license may also hold a cannabis cultivator license, a medical cannabis
cultivator license, a medical cannabis processor license, and a cannabis event organizer
license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis manufacturer license may own or operate any other cannabis business or hemp
business. This prohibition does not prevent transportation of cannabis flower from a cannabis
cultivator to a cannabis manufacturer licensed to the same person, cooperative, or business
and located on the same premises.
new text end
new text begin
(c) The office by rule may limit the number of cannabis manufacturer licenses that a
person or business may hold.
new text end
new text begin
(d) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
new text end
new text begin
(1) holding a direct or indirect economic interest in a cannabis manufacturer;
new text end
new text begin
(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis manufacturer; or
new text end
new text begin
(3) advertising with a cannabis manufacturer in any way.
new text end
new text begin
A cannabis manufacturer is prohibited from:
new text end
new text begin
(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
new text end
new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
new text end
new text begin
A cannabis manufacturer must comply with the
requirements in section 342.25.
new text end
new text begin
Every cannabis business with a license or endorsement
authorizing the cultivation of cannabis must comply with the requirements of this section.
new text end
new text begin
A business licensed or authorized to cultivate cannabis
must prepare a cultivation record for each batch of cannabis plants and cannabis flower in
the form required by the office and must maintain each record for at least five years. The
cultivation record must include the quantity and timing, where applicable, of each pesticide,
fertilizer, soil amendment, or plant amendment used to cultivate the batch, as well as any
other information required by the office in rule. The cannabis business must present
cultivation records to the office, the commissioner of agriculture, or the commissioner of
health upon request.
new text end
new text begin
A business licensed or authorized
to cultivate cannabis is subject to rules promulgated by the office in consultation with the
commissioner of agriculture, subject to subdivision 5, governing the use of pesticides,
fertilizers, soil amendments, plant amendments, and other inputs to cultivate cannabis.
new text end
new text begin
A business licensed or authorized to cultivate cannabis must
prepare, maintain, and execute an operating plan and a cultivation plan as directed by the
office in rule, which must include but is not limited to:
new text end
new text begin
(1) water usage;
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new text begin
(2) recycling;
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new text begin
(3) solid waste disposal; and
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new text begin
(4) a pest management protocol that incorporates integrated pest management principles
to control or prevent the introduction of pests to the cultivation site.
new text end
new text begin
(a) A business
licensed or authorized to cultivate cannabis must comply with chapters 18B, 18C, 18D, and
any other pesticide, fertilizer, soil amendment, and plant amendment laws and rules enforced
by the commissioner of agriculture.
new text end
new text begin
(b) A business licensed or authorized to cultivate cannabis must not apply pesticides
when pollinators are present or allow pesticides to drift to flowering plants that are attractive
to pollinators.
new text end
new text begin
A business licensed or authorized to cultivate cannabis
must not treat or otherwise adulterate cannabis plants or cannabis flower with any substance
or compound that has the effect or intent of altering the color, appearance, weight, potency,
or odor of the cannabis.
new text end
new text begin
A business licensed or
authorized to cultivate cannabis may cultivate cannabis plants indoors or outdoors, subject
to the security, fencing, lighting, and any other requirements imposed by the office in rule.
new text end
new text begin
The commissioner of agriculture may issue a genetically
engineered agriculturally related organism permit under chapter 18F for cannabis seed or
cannabis plants.
new text end
new text begin
Nothing in this section applies to the cultivation of hemp plants.
new text end
new text begin
Every cannabis business with a license or endorsement
authorizing the creation of cannabis concentrate and manufacture of cannabis products and
hemp-derived consumer products for public consumption must comply with the requirements
of this section.
new text end
new text begin
(a) Cannabis manufacturing must take place in
an enclosed, locked facility that is used exclusively for the manufacture of cannabis products,
creation of hemp concentrate, creation of synthetically derived cannabinoids, creation of
lower-potency hemp edibles, or creation of hemp-derived consumer products except that a
business that also holds a cannabis cultivator license may operate in a facility that shares
general office space, bathrooms, entryways, and walkways.
new text end
new text begin
(b) Cannabis manufacturing must take place on equipment that is used exclusively for
the manufacture of cannabis products, creation of hemp concentrate, creation of synthetically
derived cannabinoids, creation of lower-potency hemp edibles, or creation of hemp-derived
consumer products.
new text end
new text begin
(c) A business licensed or authorized to manufacture cannabis products must comply
with all applicable packaging, labeling, and health and safety requirements.
new text end
new text begin
(a) A business licensed or authorized to
manufacture cannabis products that creates cannabis concentrate, hemp concentrate, or
synthetically derived cannabinoids must obtain an endorsement from the office.
new text end
new text begin
(b) A business licensed or authorized to manufacture cannabis products must inform the
office of all methods of extraction and concentration that the manufacturer intends to use
and identify the volatile chemicals, if any, that will be involved in the creation of cannabis
concentrate or hemp concentrate. A cannabis manufacturer may not use a method of
extraction and concentration or a volatile chemical without approval by the office.
new text end
new text begin
(c) A business licensed or authorized to manufacture cannabis products must inform the
office of all methods of conversion that the manufacturer will use, including any specific
catalysts that the manufacturer will employ, to create artificially derived cannabinoids and
the molecular nomenclature of all cannabinoids or other chemical compounds that the
manufacturer will create. A business licensed or authorized to manufacture cannabis products
may not use a method of conversion or a catalyst without approval by the office.
new text end
new text begin
(d) A business licensed or authorized to manufacture cannabis products must obtain a
certification from an independent third-party industrial hygienist or professional engineer
approving:
new text end
new text begin
(1) all electrical, gas, fire suppression, and exhaust systems; and
new text end
new text begin
(2) the plan for safe storage and disposal of hazardous substances, including but not
limited to any volatile chemicals.
new text end
new text begin
(e) A business licensed or authorized to manufacture cannabis products that manufactures
cannabis concentrate from cannabis flower received from an unlicensed person who is at
least 21 years of age must comply with all health and safety requirements established by
the office. At a minimum, the office shall require the manufacturer to:
new text end
new text begin
(1) store the cannabis flower in an area that is segregated from cannabis flower and hemp
plant parts received from a licensed cannabis business;
new text end
new text begin
(2) perform the extraction and concentration on equipment that is used exclusively for
extraction or concentration of cannabis flower received from unlicensed individuals;
new text end
new text begin
(3) store any cannabis concentrate in an area that is segregated from cannabis concentrate,
hemp concentrate, or artificially derived cannabinoids derived or manufactured from cannabis
flower or hemp plant parts received from a licensed cannabis business; and
new text end
new text begin
(4) provide any cannabis concentrate only to the person who provided the cannabis
flower.
new text end
new text begin
(f) Upon the sale of cannabis concentrate, hemp concentrate, or synthetically derived
cannabinoids to any person, cooperative, or business, a business licensed or authorized to
manufacture cannabis products must provide a statement to the buyer that discloses the
method of extraction and concentration or conversion used and any solvents, gases, or
catalysts, including but not limited to any volatile chemicals, involved in that method.
new text end
new text begin
(a) A business licensed or authorized to
manufacture cannabis products that produces edible cannabis products or lower-potency
hemp edibles must obtain an edible cannabinoid product handler endorsement from the
office.
new text end
new text begin
(b) A business licensed or authorized to manufacture cannabis products must obtain an
endorsement from the office to produce:
new text end
new text begin
(1) cannabis products other than edible cannabis products; or
new text end
new text begin
(2) hemp-derived consumer products other than lower-potency hemp edibles.
new text end
new text begin
(c) All areas within the licensed premises of a business licensed or authorized to
manufacture cannabis products producing cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products must meet the sanitary standards specified in rules
adopted by the office.
new text end
new text begin
(d) A business licensed or authorized to manufacture cannabis products may only add
chemicals or compounds approved by the office to cannabis concentrate, hemp concentrate,
or synthetically derived cannabinoids.
new text end
new text begin
(e) Upon the sale of any cannabis product, lower-potency hemp edible, or hemp-derived
consumer product to a cannabis business or hemp business, a business licensed or authorized
to manufacture cannabis products must provide a statement to the buyer that discloses the
product's ingredients, including but not limited to any chemicals or compounds and any
major food allergens declared by name.
new text end
new text begin
(f) A business licensed or authorized to manufacture cannabis products shall not add
any cannabis flower, cannabis concentrate, synthetically derived cannabinoid, hemp plant
part, or hemp concentrate to a product where the manufacturer of the product holds a
trademark to the product's name, except that a business licensed or authorized to manufacture
cannabis products may use a trademarked food product if the manufacturer uses the product
as a component or as part of a recipe and where the business licensed or authorized to
manufacture cannabis products does not state or advertise to the customer that the final
retail cannabis product, lower-potency hemp edible, or hemp-derived consumer product
contains a trademarked food product.
new text end
new text begin
Nothing in this section applies to the operations of a lower-potency
hemp edible manufacturer.
new text end
new text begin
A cannabis retailer license entitles the license holder
to:
new text end
new text begin
(1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
cannabis wholesalers, and industrial hemp growers;
new text end
new text begin
(2) 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 customers; and
new text end
new text begin
(3) perform other actions approved by the office.
new text end
new text begin
A cannabis retailer may operate up to five retail locations.
new text end
new text begin
In addition to the information required to
be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis retail license must submit the following
information in a form approved by the office:
new text end
new text begin
(1) a list of every retail license held by the applicant and, if the applicant is a business,
every retail license held, either as an individual or as part of another business, by each
officer, director, manager, and general partner of the cannabis business;
new text end
new text begin
(2) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems; policies to avoid sales to individuals who are
under 21 years of age; identification of a restricted area for storage; and plans to prevent
the visibility of cannabis flower, cannabinoid products, and hemp-derived consumer products
to individuals outside the retail location; and
new text end
new text begin
(3) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis retailer license may also hold a cannabis delivery service license, a medical cannabis
retailer license, and a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis retailer license may own or operate any other cannabis business or hemp business.
new text end
new text begin
(c) No person, cooperative, or business may hold a license to own or operate more than
one cannabis retail business in one city and three retail businesses in one county.
new text end
new text begin
(d) The office by rule may limit the number of cannabis retailer licenses a person,
cooperative, or business may hold.
new text end
new text begin
(e) For purposes of this subdivision, a restriction on the number or type of license a
business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
A city or county may establish, own,
and operate a municipal cannabis store subject to the restrictions in this chapter.
new text end
new text begin
A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
new text end
new text begin
(1) holding a direct or indirect economic interest in a cannabis retailer;
new text end
new text begin
(2) serving as a cooperative member, director, manager, general partner, or employee
of a cannabis retailer; or
new text end
new text begin
(3) advertising with a cannabis retailer in any way.
new text end
new text begin
A cannabis retailer is prohibited from:
new text end
new text begin
(1) accepting or soliciting any form of remuneration from a health care practitioner who
certifies qualifying medical conditions for patients; or
new text end
new text begin
(2) offering any form of remuneration to a health care practitioner who certifies qualifying
medical conditions for patients.
new text end
new text begin
Every cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products must comply with the
requirements of this section.
new text end
new text begin
(a) A cannabis business with a
license or endorsement authorizing the retail sale of cannabis flower or cannabis products
may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to
individuals who are at least 21 years of age.
new text end
new text begin
(b) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may sell immature cannabis plants and seedlings,
adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products that:
new text end
new text begin
(1) are obtained from a business licensed under this chapter; and
new text end
new text begin
(2) meet all applicable packaging and labeling requirements.
new text end
new text begin
(c) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may sell up to two ounces of adult-use cannabis flower
or hemp-derived consumer products consisting primarily of hemp plant parts, eight grams
of adult-use cannabis concentrate or hemp-derived consumer products consisting primarily
of hemp concentrate or artificially derived cannabinoids, and edible cannabis products and
lower-potency hemp edibles infused with 800 milligrams of tetrahydrocannabinol during
a single transaction to a customer.
new text end
new text begin
(d) Edible cannabis products and hemp-derived consumer products intended to be eaten
or consumed as a beverage may not include more than ten milligrams of tetrahydrocannabinol
per serving and a single package may not include more than a total of 100 milligrams of
tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of
tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping, or other
indicators designating the individual serving size.
new text end
new text begin
(a) A cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products may sell cannabis
paraphernalia, including but not limited to childproof packaging containers and other devices
designed to ensure the safe storage and monitoring of cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products in the home to prevent
access by individuals under 21 years of age.
new text end
new text begin
(b) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may sell hemp-derived topical products.
new text end
new text begin
(c) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may sell the following products that do not contain
cannabis flower, cannabis concentrate, hemp concentrate, artificially derived cannabinoids,
or tetrahydrocannabinol:
new text end
new text begin
(1) drinks that do not contain alcohol and are packaged in sealed containers labeled for
retail sale;
new text end
new text begin
(2) books and videos on the cultivation and use of cannabis flower and products that
contain cannabinoids;
new text end
new text begin
(3) magazines and other publications published primarily for information and education
on cannabis plants, cannabis flower, and products that contain cannabinoids;
new text end
new text begin
(4) multiple-use bags designed to carry purchased items;
new text end
new text begin
(5) clothing marked with the specific name, brand, or identifying logo of the retailer;
and
new text end
new text begin
(6) hemp fiber products and products that contain hemp grain.
new text end
new text begin
(a) Prior to initiating a sale, an employee of a cannabis
business with a license or endorsement authorizing the retail sale of cannabis flower or
cannabis products must verify that the customer is at least 21 years of age.
new text end
new text begin
(b) Proof of age may be established only by one of the following:
new text end
new text begin
(1) a valid driver's license or identification card issued by Minnesota, another state, or
a province of Canada and including the photograph and date of birth of the licensed person;
new text end
new text begin
(2) a valid Tribal identification card as defined in section 171.072, paragraph (b);
new text end
new text begin
(3) a valid passport issued by the United States;
new text end
new text begin
(4) a valid instructional permit issued under section 171.05 to a person of legal age to
purchase adult-use cannabis or adult-use cannabinoid products, which includes a photograph
and the date of birth of the person issued the permit; or
new text end
new text begin
(5) in the case of a foreign national, a valid passport.
new text end
new text begin
(c) A retailer may seize a form of identification listed under paragraph (b) if the cannabis
retailer has reasonable grounds to believe that the form of identification has been altered or
falsified or is being used to violate any law. A retailer that seizes a form of identification
as authorized under this paragraph must deliver it to a law enforcement agency within 24
hours of seizing it.
new text end
new text begin
(a) A cannabis business with a
license or endorsement authorizing the retail sale of cannabis flower or cannabis products
must designate a retail area where customers are permitted. The retail area shall include the
portion of the premises where samples of cannabis flower and cannabis products available
for sale are displayed. All other cannabis flower and cannabis products must be stored in
the secure storage area.
new text end
new text begin
(b) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may display one sample of each type of cannabis
flower or cannabis product available for sale. Samples of cannabis flower and cannabis
products must be stored in a sample jar or display case and be accompanied by a label or
notice containing the information required to be affixed to the packaging or container
containing cannabis flower and cannabis products sold to customers. A sample may not
consist of more than eight grams of adult-use cannabis flower or adult-use cannabis
concentrate or an edible cannabis product infused with more than 100 milligrams of
tetrahydrocannabinol. A cannabis retailer may allow customers to smell the cannabis flower
or cannabis product before purchase.
new text end
new text begin
(c) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may not sell cannabis flower or cannabis products
used as a sample for display. If the retailer uses display samples of lower-potency hemp
edibles or hemp-derived consumer products, the retailer may not sell the product used as a
sample for display.
new text end
new text begin
A cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products must post all notices as
required by the office, including but not limited to:
new text end
new text begin
(1) information about any product recall;
new text end
new text begin
(2) a statement that operating a motor vehicle under the influence of intoxicating
cannabinoids is illegal; and
new text end
new text begin
(3) a statement that cannabis flower, cannabis products, lower-potency hemp edibles,
and hemp-derived consumer products are only intended for consumption by individuals
who are at least 21 years of age.
new text end
new text begin
(a) Except as provided by paragraph (b), a cannabis retailer
may not sell cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products:
new text end
new text begin
(1) on Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.;
new text end
new text begin
(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
new text end
new text begin
(3) on Thanksgiving Day;
new text end
new text begin
(4) on Christmas Day, December 25; or
new text end
new text begin
(5) after 8:00 p.m. on Christmas Eve, December 24.
new text end
new text begin
(b) A city or county may adopt an ordinance to permit sales between 10:00 p.m. and
8:00 a.m. on the days of Monday through Saturday or between 6:00 p.m. and 11:00 a.m.
on Sunday.
new text end
new text begin
(c) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may not be open to the public or sell any other products
at times when it is prohibited from selling cannabis flower, cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products.
new text end
new text begin
(a) A cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products shall maintain compliance
with state and local building, fire, and zoning requirements or regulations.
new text end
new text begin
(b) A cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products shall ensure that the licensed premises is maintained
in a clean and sanitary condition, free from infestation by insects, rodents, or other pests.
new text end
new text begin
A cannabis business with a license or endorsement authorizing the
retail sale of cannabis flower or cannabis products shall maintain compliance with security
requirements established by the office, including but not limited to requirements for
maintaining video surveillance records, use of specific locking mechanisms, establishment
of secure entries, and the number of employees working at all times.
new text end
new text begin
A cannabis business with a license or endorsement authorizing the
retail sale of cannabis flower or cannabis products must keep all lighting outside and inside
the dispensary in good working order and wattage sufficient for security cameras.
new text end
new text begin
A cannabis business with a license or endorsement authorizing
the retail sale of cannabis flower or cannabis products may only accept deliveries of cannabis
flower, cannabis products, and hemp-derived consumer products into a limited access area.
Deliveries may not be accepted through the public access areas unless otherwise approved
by the office.
new text end
new text begin
A cannabis business with a license or endorsement authorizing
the retail sale of cannabis flower or cannabis products shall not:
new text end
new text begin
(1) sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products to a person who is visibly intoxicated;
new text end
new text begin
(2) knowingly sell more cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products than a customer is legally permitted to possess;
new text end
new text begin
(3) give away immature cannabis plants or seedlings, cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products;
new text end
new text begin
(4) operate a drive-through window;
new text end
new text begin
(5) allow for the dispensing of cannabis plants, cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products in vending machines; or
new text end
new text begin
(6) sell cannabis plants, cannabis flower, or cannabis products if the cannabis retailer
knows that any required security or statewide monitoring systems are not operational.
new text end
new text begin
(a) A cannabis business with
a license or endorsement authorizing the retail sale of adult-use cannabis flower or adult-use
cannabis products that is also a licensed medical cannabis retailer may sell medical cannabis
flower and medical cannabinoid products on a portion of its premises.
new text end
new text begin
(b) The portion of the premises in which medical cannabis flower and medical
cannabinoid products are sold must be definite and distinct from all other areas of the
cannabis retailer and must provide an appropriate space for a pharmacist employee of the
medical cannabis retailer to consult with a patient to determine the proper type of medical
cannabis flower and medical cannabinoid products and proper dosage for the patient.
new text end
new text begin
Nothing in this section applies to the operations of a lower-potency
hemp edible retailer.
new text end
new text begin
A cannabis microbusiness license, consistent with
the specific license endorsement or endorsements, entitles the license holder to perform any
or all of the following within the limits established by this section:
new text end
new text begin
(1) grow cannabis plants from seed or immature plant to mature plant and harvest
cannabis flower from mature plants;
new text end
new text begin
(2) make cannabis concentrate;
new text end
new text begin
(3) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
new text end
new text begin
(4) manufacture synthetically derived cannabinoids;
new text end
new text begin
(5) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
new text end
new text begin
(6) purchase immature cannabis plants and seedlings, cannabis flower, and hemp plant
parts from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis
manufacturer, a cannabis wholesaler, or an industrial hemp grower;
new text end
new text begin
(7) purchase cannabis concentrate, hemp concentrate, and synthetically derived
cannabinoids from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis
manufacturer, a cannabis wholesaler, or a licensed hemp grower for use in manufacturing
adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products;
new text end
new text begin
(8) package and label adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
new text end
new text begin
(9) 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;
new text end
new text begin
(10) operate an establishment that permits on-site consumption of edible cannabis
products and lower-potency hemp edibles; and
new text end
new text begin
(11) perform other actions approved by the office.
new text end
new text begin
(a) A cannabis microbusiness that cultivates cannabis may
cultivate up to 2,000 square feet of plant canopy unless the office, by rule, increases that
limit. The office may, by rule, increase the limit on plant canopy to no more than 5,000
square feet if the office determines that expansion is consistent with the goals identified in
section 342.02, subdivision 1. A cannabis microbusiness may not operate multiple tiers of
cultivation.
new text end
new text begin
(b) The office shall, by rule, establish a limit on the manufacturing of cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products that a cannabis
microbusiness manufacturing such products may perform. The limit must be equivalent to
the amount of cannabis flower that can be harvested from a facility with a plant canopy of
2,000 square feet in a year, but may be increased to the amount that can be harvested from
a facility with up to 5,000 square feet of plant canopy if the office expands the allowable
area of cultivation under paragraph (a).
new text end
new text begin
(c) A cannabis microbusiness with the appropriate endorsement may operate one retail
location.
new text end
new text begin
In addition to the information required to
be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis microbusiness license must submit
the following information in a form approved by the office:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
any cultivation or manufacturing activities; plans for providing electricity, water, and other
utilities necessary for the normal operation of any cultivation or manufacturing activities;
plans for compliance with applicable building codes and federal and state environmental
and workplace safety requirements and policies; and plans to avoid sales to unlicensed
cannabis businesses and individuals under 21 years of age;
new text end
new text begin
(2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest
cannabis flower, a cultivation plan demonstrating the proposed size and layout of the
cultivation facility that will be used exclusively for cultivation including the total amount
of plant canopy;
new text end
new text begin
(3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp
concentrate, or synthetic cannabinoids, information identifying all methods of extraction,
concentration, or conversion that the applicant intends to use and the volatile chemicals and
catalysts, if any, that will be involved in extraction, concentration, or creation; and
new text end
new text begin
(4) evidence that the applicant will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis microbusiness license may also hold a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis microbusiness license may own or operate any other cannabis business or hemp
business or hold more than one cannabis microbusiness license.
new text end
new text begin
(c) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
A cannabis microbusiness that cultivates cannabis
plants and harvests cannabis flower must comply with the requirements in section 342.25.
new text end
new text begin
A cannabis microbusiness that
creates cannabis concentrate must comply with the requirements in section 342.26,
subdivisions 2 and 3.
new text end
new text begin
A cannabis microbusiness
that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived
consumer products must comply with the requirements in section 342.26, subdivisions 2
and 4.
new text end
new text begin
A cannabis microbusiness that operates a
retail location must comply with the requirements in section 342.27.
new text end
new text begin
(a) A cannabis microbusiness may permit
on-site consumption of edible cannabis products and lower-potency hemp edibles on a
portion of its premises.
new text end
new text begin
(b) The portion of the premises in which on-site consumption is permitted must be
definite and distinct from all other areas of the microbusiness and must be accessed through
a distinct entrance.
new text end
new text begin
(c) Edible cannabis products and lower-potency hemp edibles sold for on-site
consumption must comply with this chapter and rules adopted pursuant to this chapter
regarding the testing, packaging, and labeling of cannabinoid products.
new text end
new text begin
(d) Edible cannabinoid products and lower-potency hemp edibles sold for on-site
consumption must be served in the required packaging, but may be removed from the
products' packaging by customers and consumed on site.
new text end
new text begin
(e) Food and beverages not otherwise prohibited by this subdivision may be prepared
and sold on site provided that the cannabis microbusiness complies with all relevant state
and local laws, ordinances, licensing requirements, and zoning requirements.
new text end
new text begin
(f) A cannabis microbusiness shall ensure that the display and consumption of any edible
cannabis product or lower-potency hemp edible is not visible from outside of the licensed
premises of the business.
new text end
new text begin
(g) A cannabis microbusiness may offer recorded or live entertainment provided that
the cannabis microbusiness complies with all relevant state and local laws, ordinances,
licensing requirements, and zoning requirements.
new text end
new text begin
(h) A cannabis microbusiness may not:
new text end
new text begin
(1) sell an edible cannabis product or a lower-potency hemp edible to an individual who
is under 21 years of age;
new text end
new text begin
(2) permit an individual who is under 21 years of age to enter the premises;
new text end
new text begin
(3) sell more than one single serving of an edible cannabis product or a lower-potency
hemp edible to a customer;
new text end
new text begin
(4) sell an edible cannabis product or a lower-potency hemp edible to a person who is
visibly intoxicated;
new text end
new text begin
(5) sell or allow the sale or consumption of alcohol or tobacco on the premises;
new text end
new text begin
(6) sell products that are intended to be eaten or consumed as a drink, other than packaged
and labeled edible cannabis products and lower-potency hemp edibles, and that contain
cannabis flower or hemp plant parts or are infused with cannabis concentrate, hemp
concentrate, or artificially derived cannabinoids;
new text end
new text begin
(7) permit edible cannabis products or lower-potency hemp edibles sold in the portion
of the area designated for on-site consumption to be removed from that area;
new text end
new text begin
(8) permit adult-use cannabis flower, adult-use cannabis products, hemp-derived consumer
products, or tobacco to be consumed through smoking or a vaporized delivery method on
the premises; or
new text end
new text begin
(9) distribute or allow free samples of cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products.
new text end
new text begin
A cannabis wholesaler license entitles the license
holder to:
new text end
new text begin
(1) purchase immature cannabis plants and seedlings, cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
cannabis microbusinesses, and industrial hemp growers;
new text end
new text begin
(2) sell immature cannabis plants and seedlings, cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products to cannabis
microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers;
new text end
new text begin
(3) sell lower-potency hemp edibles to lower-potency hemp edible retailers;
new text end
new text begin
(4) import hemp-derived consumer products and lower-potency edible products that
contain hemp concentrate or synthetically derived cannabinoids that are derived from hemp
plants or hemp plant parts; and
new text end
new text begin
(5) perform other actions approved by the office.
new text end
new text begin
In addition to the information required to
be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis wholesaler license must submit the
following information in a form approved by the office:
new text end
new text begin
(1) an operating plan demonstrating the proposed layout of the facility including a
diagram of ventilation and filtration systems and policies to avoid sales to unlicensed
cannabis businesses; and
new text end
new text begin
(2) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(a) A person, cooperative, or business holding a
cannabis wholesaler license may also hold a cannabis transporter license, a cannabis delivery
service license, and a cannabis event organizer license.
new text end
new text begin
(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis wholesaler license may own or operate any other cannabis business or hemp
business.
new text end
new text begin
(c) The office by rule may limit the number of cannabis wholesaler licenses a person or
business may hold.
new text end
new text begin
(d) For purposes of this subdivision, a restriction on the number or type of license a
business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text end
new text begin
A cannabis mezzobusiness license, consistent with
the specific license endorsement or endorsements, entitles the license holder to perform any
or all of the following within the limits established by this section:
new text end
new text begin
(1) grow cannabis plants from seed or immature plant to mature plant and harvest
cannabis flower from mature plants;
new text end
new text begin
(2) make cannabis concentrate;
new text end
new text begin
(3) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
new text end
new text begin
(4) manufacture synthetically derived cannabinoids;
new text end
new text begin
(5) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
new text end
new text begin
(6) purchase immature cannabis plants and seedlings, cannabis flower, and hemp plant
parts from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis
manufacturer, a cannabis wholesaler, or an industrial hemp grower;
new text end
new text begin
(7) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids
from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis manufacturer,
a cannabis wholesaler, or a licensed hemp grower for use in manufacturing adult-use cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products;
new text end
new text begin
(8) package and label adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
new text end
new text begin
(9) 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; and
new text end
new text begin
(10) perform other actions approved by the office.
new text end
new text begin
(a) A cannabis mezzobusiness that cultivates cannabis may
cultivate up to 5,000 square feet of plant canopy unless the office, by rule, increases that
limit. The office may, by rule, increase the limit on plant canopy to no more than 15,000
cubic feet if the office determines that expansion is consistent with the goals identified in
section 342.02, subdivision 1. A cannabis mezzobusiness may not operate multiple tiers of
cultivation unless authorized by the office.
new text end
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(b) The office shall, by rule, establish a limit on the manufacturing of cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products a cannabis mezzobusiness
that manufactures such products may perform. The limit must be equivalent to the amount
of cannabis flower that can be harvested from a facility with a plant canopy of 5,000 square
feet in a year, but may be increased to the amount that can be harvested from a facility with
up to 15,000 cubic feet of plant canopy if the office expands the allowable area of cultivation
under paragraph (a).
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(c) A cannabis mezzobusiness with the appropriate endorsement may operate up to three
retail locations.
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In addition to the information required to
be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section,
a person, cooperative, or business seeking a cannabis mezzobusiness license must submit
the following information in a form approved by the office:
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(1) an operating plan demonstrating the proposed layout of the facility, including a
diagram of ventilation and filtration systems; plans for wastewater and waste disposal for
any cultivation or manufacturing activities; plans for providing electricity, water, and other
utilities necessary for the normal operation of any cultivation or manufacturing activities;
plans for compliance with applicable building codes and federal and state environmental
and workplace safety requirements and policies; and plans to avoid sales to unlicensed
cannabis businesses and individuals under 21 years of age;
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(2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest
cannabis flower, a cultivation plan demonstrating the proposed size and layout of the
cultivation facility that will be used exclusively for cultivation including the total amount
of plant canopy;
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(3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp
concentrate, or synthetic cannabinoids, information identifying all methods of extraction,
concentration, or conversion that the applicant intends to use and the volatile chemicals and
catalysts, if any, that will be involved in extraction, concentration, or creation; and
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(4) evidence that the applicant will comply with the applicable operation requirements
for the license being sought.
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(a) A person, cooperative, or business holding a
cannabis mezzobusiness license may also hold a cannabis event organizer license.
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(b) Except as provided in paragraph (a), no person, cooperative, or business holding a
cannabis mezzobusiness license may own or operate any other cannabis business or hemp
business or hold more than one cannabis mezzobusiness license.
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(c) For purposes of this subdivision, a restriction on the number or type of license that
a business may hold applies to every cooperative member or every director, manager, and
general partner of a cannabis business.
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A cannabis mezzobusiness that cultivates cannabis
plants and harvests cannabis flower must comply with the requirements in section 342.25.
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A cannabis mezzobusiness that
creates cannabis concentrate must comply with the requirements in section 342.26,
subdivisions 2 and 3.
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A cannabis mezzobusiness
that manufacturers edible cannabis products, lower-potency hemp products, or hemp-derived
consumer products must comply with the requirements in section 342.26, subdivisions 2
and 4.
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A cannabis mezzobusiness that operates a
retail location must comply with the requirements in section 342.27.
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(a) A cannabis mezzobusiness that is also a licensed medical
cannabis retailer may sell medical cannabis flower and medical cannabinoid products on a
portion of its premises.
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(b) The portion of the premises in which medical cannabis flower and medical
cannabinoid products are sold must be definite and distinct from all other areas of the
cannabis mezzobusiness and must provide an appropriate space for a pharmacist employee
of a medical cannabis retailer to consult with the patient to determine the proper type of
medical cannabis flower and medical cannabinoid products and proper dosage for the patient.
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A cannabis wholesaler must ensure that cannabis
plants, cannabis flower, and cannabis products are physically separated from all other
products, including but not limited to lower-potency hemp edibles and hemp-derived
consumer products, in a manner that prevents any cross-contamination.
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A cannabis wholesaler must maintain accurate records
and ensure that appropriate labels remain affixed to cannabis plants, cannabis flower,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer products.
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(a) A cannabis wholesaler shall maintain compliance
with state and local building, fire, and zoning requirements or regulations.
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(b) A cannabis wholesaler shall ensure that the licensed premises is maintained in a
clean and sanitary condition, free from infestation by insects, rodents, or other pests.
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A cannabis wholesaler may purchase and sell other
products or items for which the cannabis wholesaler has a license or authorization or that
do not require a license or authorization. Products for which no license or authorization is
required include but are not limited to industrial hemp products, products that contain hemp
grain, hemp-derived topical products, and cannabis paraphernalia, including but not limited
to childproof packaging containers and other devices designed to ensure the safe storage
and monitoring of cannabis flower and cannabis products in the home to prevent access by
individuals under 21 years of age.
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(a) A cannabis wholesaler that imports
lower-potency hemp edible products or hemp-derived consumer products, other than
hemp-derived topical products, that are manufactured outside the boundaries of the state of
Minnesota with the intent to sell the products to a cannabis microbusiness, cannabis
mezzobusiness, cannabis retailer, or lower-potency hemp edible retailer must obtain a
hemp-derived product importer endorsement from the office.
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(b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell
products manufactured outside the boundaries of the state of Minnesota if:
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(1) the manufacturer is licensed in another jurisdiction and subject to regulations designed
to protect the health and safety of consumers that the office determines are substantially
similar to the regulations in this state; or
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(2) the cannabis wholesaler establishes, to the satisfaction of the office, that the
manufacturer engages in practices that are substantially similar to the practices required for
licensure of manufacturers in this state.
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(c) The cannabis wholesaler must enter all relevant information regarding an imported
hemp-derived consumer product into the statewide monitoring system before the product
may be distributed. Relevant information includes information regarding the cultivation,
processing, and testing of the industrial hemp used in the manufacture of the product and
information regarding the testing of the hemp-derived consumer product. If information
regarding the industrial hemp or hemp-derived consumer product was submitted to a
statewide monitoring system used in another state, the office may require submission of
any information provided to that statewide monitoring system and shall assist in the transfer
of data from another state as needed and in compliance with any data classification
established by either state.
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(d) The office may suspend, revoke, or cancel the endorsement of a distributor who is
prohibited from distributing products containing cannabinoids in any other jurisdiction,
convicted of an offense involving the distribution of products containing cannabinoids in
any other jurisdiction, or found liable for distributing any product that injured customers in
any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related
to actions in another jurisdiction. Failure to disclose r