SF 3551

as introduced - 91st Legislature (2019 - 2020) Posted on 03/03/2020 09:27am

A bill for an act
relating to health; permitting the possession and use of medical cannabis on school
grounds in certain circumstances; providing certain personnel with protection from
civil penalties, criminal penalties, and disciplinary action; directing the
commissioner of health to develop a standardized form for use by children and
pupils seeking to possess and use medical cannabis on school grounds; amending
Minnesota Statutes 2018, section 152.23; Minnesota Statutes 2019 Supplement,
section 152.32, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 152.

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

Section 1.

Minnesota Statutes 2018, section 152.23, is amended to read:

152.23 LIMITATIONS.

(a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does not
prevent the imposition of any civil, criminal, or other penalties for:

(1) undertaking any task under the influence of medical cannabis that would constitute
negligence or professional malpractice;

(2) possessing or engaging in the use of medical cannabis:

(i) on a school bus or van;

(ii) on the grounds of any deleted text begin preschool or primary deleted text end new text begin prekindergarten program, elementary
school, new text end or secondary school new text begin , except as authorized under section 152.345 new text end ;

(iii) in any correctional facility; or

(iv) on the grounds of any child care facility or deleted text begin home day care deleted text end new text begin family or group family
day care program new text end ;

(3) vaporizing medical cannabis pursuant to section 152.22, subdivision 6:

(i) on any form of public transportation;

(ii) where the vapor would be inhaled by a nonpatient minor child; or

(iii) in any public place, including any indoor or outdoor area used by or open to the
general public or a place of employment as defined under section 144.413, subdivision 1b;
and

(4) operating, navigating, or being in actual physical control of any motor vehicle,
aircraft, train, or motorboat, or working on transportation property, equipment, or facilities
while under the influence of medical cannabis.

(b) Nothing in sections 152.22 to 152.37 require the medical assistance and
MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with
the medical use of cannabis. Medical assistance and MinnesotaCare shall continue to provide
coverage for all services related to treatment of an enrollee's qualifying medical condition
if the service is covered under chapter 256B or 256L.

Sec. 2.

Minnesota Statutes 2019 Supplement, section 152.32, subdivision 2, is amended
to read:

Subd. 2.

Criminal and civil protections.

(a) Subject to section 152.23, the following
are not violations under this chapter:

(1) use or possession of medical cannabis or medical cannabis products by a patient
enrolled in the registry program, or possession by a registered designated caregiver or the
parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed
on the registry verification;

(2) possession, dosage determination, or sale of medical cannabis or medical cannabis
products by a medical cannabis manufacturer, employees of a manufacturer, a laboratory
conducting testing on medical cannabis, or employees of the laboratory; and

(3) possession of medical cannabis or medical cannabis products by any person while
carrying out the duties required under sections 152.22 to 152.37.

(b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and
associated property is not subject to forfeiture under sections 609.531 to 609.5316.

(c) The commissioner, the commissioner's staff, the commissioner's agents or contractors,
and any health care practitioner are not subject to any civil or disciplinary penalties by the
Board of Medical Practice, the Board of Nursing, or by any business, occupational, or
professional licensing board or entity, solely for the participation in the registry program
under sections 152.22 to 152.37. A pharmacist licensed under chapter 151 is not subject to
any civil or disciplinary penalties by the Board of Pharmacy when acting in accordance
with the provisions of sections 152.22 to 152.37. Nothing in this section affects a professional
licensing board from taking action in response to violations of any other section of law.

(d) Notwithstanding any law to the contrary, the commissioner, the governor of
Minnesota, or an employee of any state agency may not be held civilly or criminally liable
for any injury, loss of property, personal injury, or death caused by any act or omission
while acting within the scope of office or employment under sections 152.22 to 152.37.

(e) Federal, state, and local law enforcement authorities are prohibited from accessing
the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid
search warrant.

(f) Notwithstanding any law to the contrary, neither the commissioner nor a public
employee may release data or information about an individual contained in any report,
document, or registry created under sections 152.22 to 152.37 or any information obtained
about a patient participating in the program, except as provided in sections 152.22 to 152.37.

(g) No information contained in a report, document, or registry or obtained from a patient
under sections 152.22 to 152.37 may be admitted as evidence in a criminal proceeding
unless independently obtained or in connection with a proceeding involving a violation of
sections 152.22 to 152.37.

(h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty
of a gross misdemeanor.

(i) An attorney may not be subject to disciplinary action by the Minnesota Supreme
Court or professional responsibility board for providing legal assistance to prospective or
registered manufacturers or others related to activity that is no longer subject to criminal
penalties under state law pursuant to sections 152.22 to 152.37.

(j) Possession of a registry verification or application for enrollment in the program by
a person entitled to possess or apply for enrollment in the registry program 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 verification, or otherwise
subject the person or property of the person to inspection by any governmental agency.

new text begin (k) Licensed school nurses, certified public health nurses employed by or under contract
with a school board according to section 121A.21, and school personnel are not subject to
criminal penalties under this chapter, civil penalties, or disciplinary action solely for storing,
dispensing, or administering medical cannabis according to section 152.345 and according
to all applicable policies or guidelines adopted by the school board.
new text end

Sec. 3.

new text begin [152.345] POSSESSION AND USE OF MEDICAL CANNABIS ON SCHOOL
GROUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Possession and use authorized. new text end

new text begin An elementary or secondary school
pupil or a child participating or enrolled in a prekindergarten program is permitted to possess
medical cannabis, have medical cannabis stored, and self-administer medical cannabis or
have medical cannabis administered on the grounds of a prekindergarten program, elementary
school, or secondary school if:
new text end

new text begin (1) the child or pupil is enrolled as a patient in the registry program;
new text end

new text begin (2) the possession, storage, and administration occur in compliance with all applicable
policies or guidelines adopted by the school board;
new text end

new text begin (3) the child or pupil or the child's or pupil's parent submits to the school a form provided
by the Department of Health and completed by the child's or pupil's health care practitioner
and by a pharmacist employed by the manufacturer that distributes the child's or pupil's
medical cannabis; and
new text end

new text begin (4) the medical cannabis is administered or self-administered in a manner that does not
disrupt the educational environment or expose other children or pupils to medical cannabis.
new text end

new text begin Subd. 2. new text end

new text begin Self-administration. new text end

new text begin Only a pupil who is age 18 or older is permitted to
self-administer medical cannabis under this section.
new text end

Sec. 4. new text begin STANDARDIZED FORM.
new text end

new text begin The commissioner of health, in consultation with the commissioner of education, shall
develop a standardized form to be completed by: (1) a health care practitioner who certifies
that a child participating or enrolled in a prekindergarten program or a pupil enrolled in an
elementary school or secondary school has a qualifying medical condition; and (2) a
pharmacist employed by the manufacturer that distributes the child's or pupil's medical
cannabis. The standardized form must provide space for the health care practitioner and
pharmacist to specify a child's or pupil's qualifying medical condition, dosage of medical
cannabis, frequency of administration, circumstances that warrant administration, and other
relevant information.
new text end