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Minnesota Legislature

Office of the Revisor of Statutes

SF 97

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; providing for the medical use of marijuana; providing civil and
criminal penalties; appropriating money; amending Minnesota Statutes 2008,
section 13.3806, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 152.

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

Section 1.

Minnesota Statutes 2008, section 13.3806, is amended by adding a
subdivision to read:


new text begin Subd. 21. new text end

new text begin Medical use of marijuana data. new text end

new text begin Data collected by the commissioner of
health relating to registrations for the medical use of marijuana are classified in section
152.25, subdivision 5.
new text end

Sec. 2.

new text begin [152.22] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 152.22 to 152.31, the terms
defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Allowable amount of marijuana. new text end

new text begin (a) With respect to a qualifying patient,
the "allowable amount of marijuana" means:
new text end

new text begin (1) 2.5 ounces of usable marijuana; and
new text end

new text begin (2) 12 marijuana plants contained in an enclosed, locked facility if the qualifying
patient's registry identification card provides that the qualified patient is authorized to
cultivate marijuana.
new text end

new text begin (b) With respect to a primary caregiver, the "allowable amount of marijuana" for
each patient means:
new text end

new text begin (1) 2.5 ounces of usable marijuana; and
new text end

new text begin (2) 12 marijuana plants contained in an enclosed, locked facility if the primary
caregiver's registry identification card provides that the primary caregiver is authorized to
cultivate marijuana.
new text end

new text begin (c) With respect to a registered organization, the "allowable amount of marijuana"
for each patient means:
new text end

new text begin (1) 12 marijuana plants; and
new text end

new text begin (2) any amount of other parts of the marijuana plant.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 4. new text end

new text begin Debilitating medical condition. new text end

new text begin "Debilitating medical condition" means:
new text end

new text begin (1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, Tourette's
syndrome, or the treatment of these conditions;
new text end

new text begin (2) a chronic or debilitating disease or medical condition or its treatment that
produces one or more of the following: cachexia or wasting syndrome; intractable pain,
which is pain that has not responded to ordinary medical or surgical measures for more
than six months; severe nausea; seizures, including, but not limited to, those characteristic
of epilepsy; severe and persistent muscle spasms, including, but not limited to, those
characteristic of multiple sclerosis and Crohn's disease; or agitation of Alzheimer's disease;
new text end

new text begin (3) the condition of an HIV-positive patient when the patient's condition has
worsened and the patient's physician believes the patient could benefit from consumption
of marijuana; or
new text end

new text begin (4) any other medical condition or its treatment approved by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Department. new text end

new text begin "Department" means the Minnesota Department of Health.
new text end

new text begin Subd. 6. new text end

new text begin Medical use of marijuana. new text end

new text begin "Medical use of marijuana" means the
acquisition, possession, use, cultivation, manufacture, delivery, transfer, or transportation
of marijuana or paraphernalia, as defined in section 152.01, subdivision 18, relating to the
consumption of marijuana to alleviate a registered qualifying patient's debilitating medical
condition or symptoms associated with the medical condition.
new text end

new text begin Subd. 7. new text end

new text begin Practitioner. new text end

new text begin "Practitioner" means a Minnesota licensed doctor of
medicine, a Minnesota licensed doctor of osteopathy licensed to practice medicine, a
Minnesota licensed physician assistant acting within the scope of authorized practice, or
a Minnesota licensed advance practice registered nurse.
new text end

new text begin Subd. 8. new text end

new text begin Primary caregiver. new text end

new text begin "Primary caregiver" means a person who is at least
18 years old and who has agreed to assist with a qualifying patient's medical use of
marijuana. A primary caregiver may assist no more than five qualifying patients with
their medical use of marijuana.
new text end

new text begin Subd. 9. new text end

new text begin Qualifying patient. new text end

new text begin "Qualifying patient" means a person who has been
diagnosed by a practitioner as having a debilitating medical condition.
new text end

new text begin Subd. 10. new text end

new text begin Registry identification card. new text end

new text begin "Registry identification card" means a
document issued by the commissioner that identifies a person as a qualifying patient or
primary caregiver.
new text end

new text begin Subd. 11. new text end

new text begin Usable marijuana. new text end

new text begin "Usable marijuana" means the dried leaves and
flowers of the marijuana plant, and any mixture or preparation of it, but does not include
the seeds, stalks, and roots of the plant.
new text end

new text begin Subd. 12. new text end

new text begin Written certification. new text end

new text begin "Written certification" means a statement signed
and dated by a practitioner, stating that in the practitioner's professional opinion the
potential benefits of the medical use of marijuana would likely outweigh the health risks
for the qualifying patient. A written certification must be reviewed by the practitioner
annually and shall only be made in the course of a bona fide practitioner-patient
relationship after the practitioner has completed a physical examination of the patient and
a full assessment of the qualifying patient's medical history. The written certification
shall specify the qualifying patient's debilitating medical condition or conditions and
recommend the medical use of marijuana to alleviate the condition or symptoms associated
with the condition.
new text end

Sec. 3.

new text begin [152.23] PROTECTIONS FOR MEDICAL USE OF MARIJUANA.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifying patient. new text end

new text begin A qualifying patient who possesses a registry
identification card shall not be subject to arrest, prosecution, or penalty in any manner, or
denied any right or privilege, including, but not limited to, civil penalty or disciplinary
action by a business or occupational or professional licensing board or entity, for the
medical use of marijuana, provided that the qualifying patient possesses an amount of
marijuana that does not exceed the allowable amount.
new text end

new text begin Subd. 2. new text end

new text begin Primary caregiver. new text end

new text begin A primary caregiver who possesses a registry
identification card shall not be subject to arrest, prosecution, or penalty in any manner, or
denied any right or privilege, including, but not limited to, civil penalty or disciplinary
action by a business or occupational or professional licensing board or entity, for
assisting a qualifying patient to whom the primary caregiver is connected through the
commissioner's registration process with the medical use of marijuana, provided that the
primary caregiver possesses an amount of marijuana that does not exceed the allowable
amount of marijuana for each qualifying patient to whom the primary caregiver is
connected through the registration process.
new text end

new text begin Subd. 3. new text end

new text begin Dismissal of charges. new text end

new text begin If a qualifying patient or a primary caregiver who is
not in possession of a registry identification card is arrested for possession of an amount of
marijuana that does not exceed the allowable amount or is charged with this, the patient or
caregiver shall be released from custody and the charges dismissed upon production of a
valid registry identification card issued in the person's name.
new text end

new text begin Subd. 4. new text end

new text begin Discrimination prohibited. new text end

new text begin (a) No school or landlord may refuse to enroll
or lease to, or otherwise penalize, a person solely for the person's status as a registered
qualifying patient or a registered primary caregiver, unless failing to do so would identify
the school or landlord in violation of federal law.
new text end

new text begin (b) For the purposes of medical care, including organ transplants, a registered
qualifying patient's authorized use of marijuana according to sections 152.22 to 152.31
is considered the equivalent of the authorized medication used at the discretion of a
physician, and does not constitute the use of an illicit substance.
new text end

new text begin (c) Unless a failure to do so would put an employer in violation of federal law
or federal regulations, an employer may not discriminate against a person in hiring,
termination, or any term or condition of employment, or otherwise penalize a person, if
the discrimination is based upon either of the following:
new text end

new text begin (1) the person's status as a registered qualifying patient or a registered primary
caregiver; or
new text end

new text begin (2) a registered qualifying patient's positive drug test for marijuana components or
metabolites, unless the patient used, possessed, or was impaired by marijuana on the
premises of the place of employment or during the hours of employment.
new text end

new text begin (d) A person shall not be denied custody of or visitation rights or parenting time
with a minor solely for the person's status as a registered qualifying patient or a registered
primary caregiver, and there shall be no presumption of neglect or child endangerment
for conduct allowed under sections 152.22 to 152.31, unless the person's behavior is
such that it creates an unreasonable danger to the safety of the minor as established by
clear and convincing evidence.
new text end

new text begin Subd. 5. new text end

new text begin Presumption. new text end

new text begin (a) There is a presumption that a qualifying patient or
primary caregiver is engaged in the medical use of marijuana if the qualifying patient or
primary caregiver:
new text end

new text begin (1) is in possession of a registry identification card; and
new text end

new text begin (2) is in possession of an amount of marijuana that does not exceed the amount
permitted under sections 152.22 to 152.31.
new text end

new text begin (b) The presumption may be rebutted by evidence that conduct related to marijuana
was not for the purpose of alleviating the qualifying patient's debilitating medical
condition or symptoms associated with the medical condition.
new text end

new text begin Subd. 6. new text end

new text begin Caregiver's reimbursement. new text end

new text begin A primary caregiver who is not a registered
organization may receive reimbursement from a registered qualifying patient for costs
associated with assisting with a registered qualifying patient's medical use of marijuana.
To be reimbursable under this subdivision, a cost must have been actually incurred by the
caregiver. Examples of reimbursable costs include mileage, travel expenses, price paid to
obtain supplies, and the price paid to a registered organization for marijuana. A primary
caregiver may not be paid any extra fee or compensation for serving as a caregiver.
Reimbursement does not constitute sale of controlled substances.
new text end

new text begin Subd. 7. new text end

new text begin Practitioner. new text end

new text begin A practitioner shall not be subject to arrest, prosecution, or
penalty in any manner or denied any right or privilege, including, but not limited to, civil
penalty or disciplinary action by the Board of Medical Practice or by another business
or occupational or professional licensing board or entity, solely for providing written
certifications or otherwise stating that, in the practitioner's professional opinion, the
potential benefits of the medical use of marijuana would likely outweigh the health risks
for a patient, provided that nothing shall prevent a practitioner from being sanctioned for
failure to properly evaluate a patient's medical condition or otherwise violate the standard
of care for evaluating medical conditions.
new text end

new text begin Subd. 8. new text end

new text begin Property rights. new text end

new text begin Any interest in or right to property that is lawfully
possessed, owned, or used in connection with the medical use of marijuana as authorized
in sections 152.22 to 152.31, or acts incidental to such use, is not forfeited under sections
609.531 to 609.5318.
new text end

new text begin Subd. 9. new text end

new text begin Arrest and prosecution prohibited. new text end

new text begin No person is subject to arrest or
prosecution for any offense related to the possession of marijuana, including constructive
possession, conspiracy, aiding and abetting, or being an accessory, solely for being in the
presence or vicinity of the medical use of marijuana as permitted under sections 152.22 to
152.31 or, if the person is a primary caregiver acting in compliance with sections 152.22 to
152.31, for assisting a registered qualifying patient with using or administering marijuana.
new text end

new text begin Subd. 10. new text end

new text begin Nursing facilities. new text end

new text begin Nursing facilities licensed under chapter 144A or
boarding care homes licensed under section 144.50 may adopt reasonable restrictions on
the use of medical marijuana by their residents. The restrictions may include a provision
that the facility will not store or maintain the patient's supply of medical marijuana, that
caregivers or the hospice agencies serving their residents are not responsible for providing
the marijuana for qualifying patients, that marijuana be consumed in a method other than
smoking, and that medical marijuana be consumed only in a place specified by the facility.
Nothing contained herein, however, shall require the facilities to adopt such restrictions
and no facility shall unreasonably limit a qualifying patient's access to or use of marijuana.
new text end

Sec. 4.

new text begin [152.25] REGISTRY IDENTIFICATION CARDS; ISSUANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements; issuance. new text end

new text begin (a) The commissioner shall issue registry
identification cards to qualifying patients who submit:
new text end

new text begin (1) a written certification issued within the 90 days immediately preceding the
date of application;
new text end

new text begin (2) the application or renewal fee of $100;
new text end

new text begin (3) the name, address, and date of birth of the qualifying patient, except that if the
applicant is homeless, no address is required;
new text end

new text begin (4) the name, address, and telephone number of the qualifying patient's practitioner;
new text end

new text begin (5) the name, address, and date of birth of each primary caregiver of the qualifying
patient, if any, and a signed statement from the individual designated to be a primary
caregiver agreeing to be designated as such. A qualifying patient may designate only one
primary caregiver except that one additional caregiver may be designated if the qualifying
patient is under the age of 18, or the qualifying patient designates a registered organization
to cultivate marijuana for the patient's medical use and the patient requests the assistance
of the second caregiver that is not a registered organization to assist with the qualifying
patient's medical use. A qualifying patient may name a maximum of two primary
caregivers, one of whom must be a registered organization. For the registered organization
designated, the name and address of the registered organization must be submitted; and
new text end

new text begin (6) a designation as to who will be allowed to cultivate marijuana plants for the
qualifying patient's medical use. Only one person or entity will be permitted to cultivate
marijuana for a qualified patient. A qualifying patient or the qualifying patient's caregiver
may only be designated to cultivate marijuana if a registered organization is not located
within five miles of the qualifying patient's home.
new text end

new text begin (b) The commissioner shall not issue a registry identification card to a qualifying
patient under the age of 18 unless:
new text end

new text begin (1) the qualifying patient's practitioner has explained the potential risks and benefits
of the medical use of marijuana to the qualifying patient and to a parent, guardian, or
person having legal custody of the qualifying patient; and
new text end

new text begin (2) a parent, guardian, or person having legal custody consents in writing to:
new text end

new text begin (i) allow the qualifying patient's medical use of marijuana;
new text end

new text begin (ii) serve as one of the qualifying patient's primary caregivers; and
new text end

new text begin (iii) control the acquisition of marijuana, the dosage, and the frequency of the
medical use of marijuana by the qualifying patient.
new text end

new text begin (c) The commissioner shall verify the information contained in an application or
renewal submitted under this section and shall approve or deny an application or renewal
within 15 days of receiving it. The commissioner may deny an application or renewal
only if the applicant did not provide the information required under this section or if the
commissioner determines that the information provided was falsified. Rejection of an
application or renewal is a final agency action, subject to judicial review. Jurisdiction and
venue for judicial review are vested in the district court.
new text end

new text begin (d) The commissioner shall issue a registry identification card to each primary
caregiver, if any, who is named in a qualifying patient's approved application, up to a
maximum of two primary caregivers per qualifying patient. If a primary caregiver named
by the qualifying patient is a registered organization, a registry identification card shall be
provided under section 152.31, subdivision 2.
new text end

new text begin (e) The commissioner shall issue a registry identification card under paragraphs (a)
and (d) within five days of approving an application or renewal. The card expires one year
after the date of issuance. A registry identification card shall contain:
new text end

new text begin (1) a photograph of the cardholder;
new text end

new text begin (2) the name, address, and date of birth of the qualifying patient;
new text end

new text begin (3) the name, address, and date of birth of each primary caregiver of the qualifying
patient, if any, if the primary caregiver is not a registered organization;
new text end

new text begin (4) the date of issuance and expiration date of the registry identification card;
new text end

new text begin (5) a random registry identification number; and
new text end

new text begin (6) a clear indication of whether the cardholder has been authorized to cultivate
marijuana plants for the qualifying patient's medical use.
new text end

new text begin Subd. 2. new text end

new text begin Notification of changes; penalties. new text end

new text begin (a) A qualifying patient who has been
issued a registry identification card shall notify the commissioner within ten days of any
change in the qualifying patient's name, address, or primary caregiver, or if the qualifying
patient ceases to have a debilitating medical condition.
new text end

new text begin (b) Failure to notify the commissioner of a change as required under paragraph (a) is
a civil violation, punishable by a fine of no more than $150. If the person has ceased to
have a debilitating medical condition, the card is null and void and the person is liable for
any other penalties that may apply to the person's nonmedical use of marijuana.
new text end

new text begin (c) A qualifying patient may notify the commissioner of a change in the qualifying
patient's designation as to who will be allowed to cultivate marijuana plants for the
qualifying patient's medical use.
new text end

new text begin (d) When a qualifying patient or primary caregiver notifies the commissioner of any
changes under this subdivision, the commissioner shall issue the qualifying patient and
each primary caregiver a new registry identification card within ten days of receiving the
updated information and a $10 fee.
new text end

new text begin (e) When a registered qualifying patient ceases to use the assistance of a registered
primary caregiver, the commissioner shall notify the primary caregiver within ten days.
The primary caregiver's protections as provided under section 152.23 expire ten days after
notification by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Lost cards. new text end

new text begin If a registered qualifying patient or a registered primary
caregiver loses a registry identification card, the patient or caregiver shall notify the
commissioner and submit a $10 fee within ten days of losing the card. Within five days of
receiving notification and the required fee, the commissioner shall issue a new registry
identification card with a new random identification number.
new text end

new text begin Subd. 4. new text end

new text begin Card as probable cause. new text end

new text begin Possession of, or application for, a registry
identification card does not constitute probable cause or reasonable suspicion, nor shall it
be used to support a search of the person or property of the person possessing or applying
for the registry identification card, or otherwise subject the person or property of the
person to inspection by any governmental agency.
new text end

new text begin Subd. 5. new text end

new text begin Data practices. new text end

new text begin (a) Data in registration applications and supporting
data submitted by qualifying patients or primary caregivers, including data on primary
caregivers and practitioners, are private data on individuals or nonpublic data as defined in
section 13.02.
new text end

new text begin (b) The commissioner shall maintain a list of persons to whom the commissioner
has issued registry identification cards. Data in the list are private data on individuals or
nonpublic data except that:
new text end

new text begin (1) upon request of a law enforcement agency, the commissioner shall verify whether
a registry identification card is valid solely by confirming the registry identification
number; and
new text end

new text begin (2) the commissioner may notify law enforcement of falsified or fraudulent
information submitted for purposes of obtaining or renewing a registration card.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin The commissioner shall report annually to the legislature on the
number of applications for registry identification cards, the number of qualifying patients
and primary caregivers approved, the nature of the debilitating medical conditions of the
qualifying patients, the number of registry identification cards revoked, and the number of
practitioners providing written certification for qualifying patients. The commissioner
must not include identifying information on qualifying patients, primary caregivers, or
practitioners in the report.
new text end

new text begin Subd. 7. new text end

new text begin Submission of false records; criminal penalty. new text end

new text begin A person who knowingly
submits false records or documentation required by the commissioner of health to certify
an organization under sections 152.22 to 152.31 is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both.
new text end

new text begin Subd. 8. new text end

new text begin Criminal background check for primary caregivers. new text end

new text begin Before issuing a
registry identification card to a primary caregiver under this section, the commissioner
shall request a criminal history background check on the caregiver from the superintendent
of the Bureau of Criminal Apprehension. The provisions of section 152.31, subdivision
6, apply to the background check. A person may not serve as a primary caregiver
and a registry identification card may not be issued to the person if the person has
been convicted of a drug felony as defined in section 152.31, subdivision 7, paragraph
(a). Notwithstanding this provision, if the commissioner determines that the person's
conviction was for the medical use of marijuana or assisting with the medical use of
marijuana, the commissioner may issue the person a registry identification card and allow
the person to serve as a primary caregiver.
new text end

new text begin Subd. 9. new text end

new text begin Appropriations. new text end

new text begin Fees raised by this section and section 152.31 are
deposited in the state government special revenue fund.
new text end

Sec. 5.

new text begin [152.26] CONSTRUCTION.
new text end

new text begin (a) Sections 152.22 to 152.31 do not permit:
new text end

new text begin (1) a person to undertake a task under the influence of marijuana, when doing
so would constitute negligence, professional malpractice, or failure to practice with
reasonable skill and safety;
new text end

new text begin (2) smoking of marijuana:
new text end

new text begin (i) in a school bus or other form of public transportation;
new text end

new text begin (ii) on school grounds;
new text end

new text begin (iii) in a correctional facility;
new text end

new text begin (iv) in any public place; or
new text end

new text begin (v) where the smoke may be inhaled by a minor child;
new text end

new text begin (3) a person to operate, navigate, or be in actual physical control of any motor
vehicle, aircraft, train, or motorboat, or work on transportation property, equipment, or
facilities while under the influence of marijuana. However, a registered qualifying patient
shall not be considered to be under the influence solely for having marijuana metabolites
in the patient's system;
new text end

new text begin (4) possession of marijuana on school grounds; or
new text end

new text begin (5) possession of marijuana on correctional facility property.
new text end

new text begin (b) Nothing in sections 152.22 to 152.31 shall be construed to require:
new text end

new text begin (1) a government medical assistance program or private health insurer to reimburse a
person for costs associated with the medical use of marijuana; or
new text end

new text begin (2) an employer to accommodate the medical use of marijuana in any workplace.
new text end

Sec. 6.

new text begin [152.27] PENALTIES.
new text end

new text begin (a) Fraudulent representation to a law enforcement official of any fact or
circumstance relating to the medical use of marijuana to avoid arrest or prosecution is a
gross misdemeanor, which shall be in addition to any other penalties that may apply for
making a false statement and for the nonmedical use of marijuana. If a person convicted
of violating this section is a qualifying patient or a primary caregiver, the person is
disqualified from further participation under sections 152.22 to 152.31 and the person's
registry card is void.
new text end

new text begin (b) In addition to any other penalty applicable in law, a qualifying patient is guilty of
a felony and may be sentenced to imprisonment for not more than two years or to payment
of a fine of not more than $3,000, or both, if the patient:
new text end

new text begin (1) sells, transfers, loans, or otherwise gives another person the patient's registry
identification card; or
new text end

new text begin (2) sells, transfers, loans, or otherwise gives another person marijuana obtained
under sections 152.22 to 152.31.
new text end

new text begin In addition, the person is disqualified from further participation under sections 152.22 to
152.31 and the person's registry card is void.
new text end

Sec. 7.

new text begin [152.29] AFFIRMATIVE DEFENSE AND DISMISSAL FOR MEDICAL
MARIJUANA.
new text end

new text begin (a) Except as provided in section 152.26, a person and a person's primary caregiver,
if any, may assert the medical purpose for using marijuana as a defense to any prosecution
involving marijuana, and such defense shall be presumed valid where the evidence shows
that:
new text end

new text begin (1) a practitioner has stated that, in the practitioner's professional opinion, after
having completed a full assessment of the person's medical history and current medical
condition made in the course of a bona fide practitioner-patient relationship, the potential
benefits of using marijuana for medical purposes would likely outweigh the health risks
for the person; and
new text end

new text begin (2) the person and the person's primary caregiver, if any, were collectively in
possession of a quantity of marijuana that was not more than was reasonably necessary
to ensure the uninterrupted availability of marijuana for the purpose of alleviating the
person's medical condition or symptoms associated with the medical condition.
new text end

new text begin (b) A person may assert the medical purpose for using marijuana in a motion to
dismiss, and the charges shall be dismissed following an evidentiary hearing where the
defendant shows the elements listed in paragraph (a).
new text end

new text begin (c) Any interest in or right to property that was possessed, owned, or used in
connection with a person's use of marijuana for medical purposes shall not be forfeited if
the person or the person's primary caregiver demonstrates the person's medical purpose for
using marijuana under this section.
new text end

Sec. 8.

new text begin [152.30] SEVERABILITY.
new text end

new text begin Any provision of sections 152.22 to 152.31 being held invalid as to any person or
circumstances shall not affect the application of any other provision of sections 152.22 to
152.31 that can be given full effect without the invalid section or application.
new text end

Sec. 9.

new text begin [152.31] REGISTERED ORGANIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "registered organization"
means a nonprofit entity registered with the commissioner under this section that acquires,
possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses
marijuana, or related supplies and educational materials to registered qualifying patients
and the qualifying patients' registered primary caregivers. A registered organization
is a primary caregiver, although it may supply marijuana to any number of registered
qualifying patients who have designated it as one of the qualifying patient's primary
caregivers. A registered organization may not possess more than the allowable amount
of marijuana.
new text end

new text begin Subd. 2. new text end

new text begin Registration requirements. new text end

new text begin (a) The commissioner shall issue a registered
organization license within 20 days to any person who provides:
new text end

new text begin (1) a fee in an amount established by the commissioner notwithstanding section
16A.1283, which shall not exceed $1,000;
new text end

new text begin (2) the name of the registered organization;
new text end

new text begin (3) the physical addresses of the registered organization and any other real property
where marijuana is to be possessed, cultivated, manufactured, supplied, or dispensed
relating to the operations of the registered organization; and
new text end

new text begin (4) the name, address, and date of birth of any person who is an agent of or employed
by the registered organization.
new text end

new text begin (b) The commissioner shall issue each agent and employee of a registered
organization a registry identification card for a cost of $10 each within ten days of receipt
of the person's identifying information and the fee. Each card shall specify that the
cardholder is an employee or agent of a registered organization.
new text end

new text begin Subd. 3. new text end

new text begin Expiration. new text end

new text begin A license for a registered organization and each employee or
agent registry identification card expires one year after the date of issuance.
new text end

new text begin Subd. 4. new text end

new text begin Inspection. new text end

new text begin Registered organizations are subject to reasonable inspection
by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Organization requirements. new text end

new text begin (a) Registered organizations must be
established as nonprofit entities. Registered organizations are subject to all applicable state
laws governing nonprofit entities, but need not be recognized as a 501(c)(3) organization
by the Internal Revenue Service.
new text end

new text begin (b) Registered organizations may not be located within 500 feet of the property line
of a public school, private school, or structure used primarily for religious services or
worship.
new text end

new text begin (c) The operating documents of a registered organization shall include procedures
for the oversight of the registered organization and procedures to ensure adequate record
keeping.
new text end

new text begin (d) A registered organization shall notify the commissioner within ten days of when
an employee or agent ceases to work at the registered organization.
new text end

new text begin (e) The registered organization shall notify the commissioner before a new agent or
employee begins working at the registered organization, in writing, and the organization
shall submit a $10 fee for the person's registry identification card.
new text end

new text begin (f) No registered organization shall be subject to prosecution, search, seizure, or
penalty in any manner or denied any right or privilege, including, but not limited to, civil
penalty or disciplinary action by a business or occupational or professional licensing board
or entity, for acting according to sections 152.22 to 152.31 to assist registered qualifying
patients to whom it is connected through the commissioner's registration process with the
medical use of marijuana, provided that the registered organization possesses an amount
of marijuana that does not exceed the allowable amount.
new text end

new text begin (g) No employees, agents, or board members of a registered organization shall
be subject to arrest, prosecution, search, seizure, or penalty in any manner or denied
any right or privilege, including, but not limited to, civil penalty or disciplinary action
by a business, occupational, or professional licensing board or entity, for working for a
registered organization according to sections 152.22 to 152.31.
new text end

new text begin (h) The registered organization is prohibited from acquiring, possessing, cultivating,
manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana
for any purpose except to assist registered qualifying patients with the medical use of
marijuana directly or through the qualifying patients' other primary caregivers.
new text end

new text begin (i) The registered organization shall implement appropriate security measures to
deter and prevent the unauthorized entrance into areas containing marijuana or marijuana
plants and the theft of marijuana or marijuana plants. By December 1 of each year,
the organization shall submit a summary of the security measures implemented to the
commissioner. The commissioner shall review these measures and, if deemed advisable,
require reasonable upgrades to security to better protect the marijuana or marijuana plants.
new text end

new text begin (j) Registered organizations may cultivate marijuana only indoors.
new text end

new text begin Subd. 6. new text end

new text begin Delivery; charging for services. new text end

new text begin (a) A registered organization may deliver
up to 2.5 ounces of usable marijuana to a qualifying patient within the state to be used in
accordance with sections 152.22 to 152.31.
new text end

new text begin (b) A registered organization may charge a qualifying patient or a primary caregiver
for authorized services rendered under sections 152.22 to 152.31. Payment under this
paragraph does not constitute sale of controlled substances.
new text end

new text begin Subd. 7. new text end

new text begin Background checks; felony drug convictions. new text end

new text begin (a) As used in this
subdivision, "felony drug offense" means a violation of a state or federal controlled
substance law that is classified as a felony under Minnesota law or would be classified
as a felony under Minnesota law if committed in Minnesota, regardless of the sentence
imposed.
new text end

new text begin (b) The department shall request a criminal history background check from the
superintendent of the Bureau of Criminal Apprehension on all employees, agents, and
board members of a registered organization. An application for registry identification
cards for employees, agents, and board members must be accompanied by an executed
criminal history consent form, including fingerprints.
new text end

new text begin (c) The superintendent of the Bureau of Criminal Apprehension shall perform
the background check required under paragraph (b) by retrieving criminal history data
maintained in the Criminal Justice Information System computers and shall also conduct
a search of the national criminal records repository, including the criminal justice data
communications network. The superintendent is authorized to exchange fingerprints with
the Federal Bureau of Investigation for purposes of the criminal history check.
new text end

new text begin (d) The Bureau of Criminal Apprehension and its agents may not directly or
indirectly disclose to the Federal Bureau of Investigation or any other person that the
purpose of the background check is related to the medical use of marijuana or registered
organizations.
new text end

new text begin (e) The department shall refuse to issue a registry card to any agent, employee, or
board member of a registered organization who has been convicted of a drug felony. The
department, without disclosing the actual results of the national records check, shall notify
the registered organization in writing of the purpose for denying the registry identification
card. However, the department may grant the person a registry identification card if the
person's conviction was for the medical use of marijuana or assisting with the medical use
of marijuana.
new text end

new text begin (f) If a registered organization has employed an agent, board member, or employee
and is notified that the person failed the background check, it shall terminate the person's
status as an agent, board member, or employee within 24 hours of receiving written
notification. The result of the criminal background check is private information, and the
registered organization may not disclose it, except to defend itself of any charges related
to employment law.
new text end

new text begin (g) No person who has been convicted of a drug felony offense may be the agent,
board member, or employee of a registered organization. Notwithstanding this provision,
a person may apply to the department for a waiver if the person's conviction was for the
medical use of marijuana or assisting with the medical use of marijuana. A person who is
employed by, an agent of, or a board member of a registered organization in violation of
this section is guilty of a civil violation punishable by a fine of up to $1,000. A subsequent
violation of this section is a gross misdemeanor.
new text end

new text begin (h) No registered organization may knowingly and willfully allow a person who has
been convicted of a drug felony to be its agent, board member, or employee unless the
department has granted the person a registry identification card because the person's
conviction was for the medical use of marijuana. A violation is punishable by a fine of
up to $2,000.
new text end

new text begin Subd. 8. new text end

new text begin Penalty. new text end

new text begin (a) The registered organization may not possess an amount of
marijuana that exceeds the allowable amount of marijuana. The registered organization
may not dispense, deliver, or otherwise transfer marijuana to a person other than a
qualifying patient or the patient's primary caregiver. An intentional violation of this
subdivision is a felony punishable by imprisonment for not more than two years or by
payment of a fine of not more than $3,000, or both. This penalty is in addition to any
other penalties applicable in law.
new text end

new text begin (b) A person convicted of violating paragraph (a) may not continue to be affiliated
with the registered organization and is disqualified from further participation under
sections 152.22 to 152.31.
new text end

Sec. 10. new text beginAPPROPRIATIONS.
new text end

new text begin $401,000 for fiscal year 2010 is appropriated from the state government special
revenue fund to the commissioner of health to implement Minnesota Statutes, sections
152.22 to 152.31.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective January 1, 2010.
new text end