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SF 4446

as introduced - 91st Legislature (2019 - 2020) Posted on 03/27/2020 08:39am

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

Current Version - as introduced

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A bill for an act
relating to health; modifying requirements for the medical cannabis program;
authorizing civil remedies; establishing an affirmative defense; amending Minnesota
Statutes 2018, section 152.32, by adding a subdivision; Minnesota Statutes 2019
Supplement, section 152.27, subdivision 6; 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 2019 Supplement, section 152.27, subdivision 6, is amended
to read:


Subd. 6.

Patient enrollment.

(a) After receipt of a patient's application, application fees,
and signed disclosure, the commissioner shall enroll the patient in the registry program and
issue the patient and patient's registered designated caregiver or parent, legal guardian, or
spouse, if applicable, a registry verification. The commissioner shall approve or deny a
patient's application for participation in the registry program within 30 days after the
commissioner receives the patient's application and application fee. deleted text beginThe commissioner may
approve applications up to 60 days after the receipt of a patient's application and application
fees until January 1, 2016.
deleted text end A patient's enrollment in the registry program shall only be
denied if the patient:

(1) does not have certification from a health care practitioner that the patient has been
diagnosed with a qualifying medical condition;

(2) has not signed and returned the disclosure form required under subdivision 3,
paragraph (c), to the commissioner;

(3) does not provide the information required;new text begin or
new text end

deleted text begin (4) has previously been removed from the registry program for violations of section
152.30 or 152.33; or
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end provides false information.

(b) The commissioner shall give written notice to a patient of the reason for denying
enrollment in the registry program.

(c) Denial of enrollment into the registry program is considered a final decision of the
commissioner and is subject to judicial review under the Administrative Procedure Act
pursuant to chapter 14.

(d) A patient's enrollment in the registry program may only be revoked upon the death
of the patient or if a patient violates a requirement under section 152.30 or 152.33.new text begin If a
patient's enrollment in the registry program has been revoked due to a violation of section
152.30 or 152.33, the patient may reapply for enrollment 12 months from the date the
patient's enrollment was revoked. The commissioner shall process the application in
accordance with this section.
new text end

(e) The commissioner shall develop a registry verification deleted text beginto provide to the patient, the
health care practitioner identified in the patient's application, and to the manufacturer
deleted text endnew text begin system
for health care practitioners identified in the patient's application and for manufacturers
new text end.
The registry verification new text beginsystem new text endshall include:

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

(2) the patient registry number assigned to the patient; and

(3) the name and date of birth of the patient's registered designated caregiver, if any, or
the name of the patient's parent, legal guardian, or spouse if the parent, legal guardian, or
spouse will be acting as a caregiver.

Sec. 2.

Minnesota Statutes 2018, section 152.32, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Retaliation prohibited. new text end

new text begin A school, landlord, health care facility, or employer
must not retaliate against a patient for asserting the rights and remedies provided in this
section or section 152.321.
new text end

Sec. 3.

new text begin [152.321] REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Action for damages. new text end

new text begin In addition to any other remedy provided by law,
a patient may bring an action in district court against any person who violates section 152.32,
subdivision 3 or 4. A person who violates section 152.32, subdivision 3 or 4, is liable to a
patient injured by the violation for presumed damages of $2,000 per violation, or actual
damages, whichever is greater, and reasonable attorney fees.
new text end

new text begin Subd. 2. new text end

new text begin Injunctive relief. new text end

new text begin A patient may bring an action for injunctive relief requesting
the district court to enjoin a person who violates section 152.32, subdivision 3 or 4.
new text end

Sec. 4.

new text begin [152.325] CRIMINAL AFFIRMATIVE DEFENSE.
new text end

new text begin It is an affirmative defense to a charge of violating section 152.025, subdivision 2,
involving marijuana, or 152.027, subdivision 3 or 4, that the defendant was enrolled in the
registry program under sections 152.22 to 152.37 and possessed the marijuana to use for a
qualifying medical condition, or was a visiting patient and possessed the marijuana for
medical use as authorized under the laws or regulations of the visiting patient's jurisdiction
of residence.
new text end