Minnesota Legislature
HF 1615
1st Engrossment - 94th Legislature (2025 - 2026) Posted on 05/06/2025 06:37pm
Bill Text Versions
| Engrossments | Comparisons | ||
|---|---|---|---|
| Introduction | Posted on 02/25/2025 | ||
| 1st Engrossment | Posted on 04/07/2025 | compared with SF2370 2nd Engrossment |
Current Version - 1st Engrossment
1.26 1.27
1.28 1.29 1.30 1.31 2.1 2.2 2.3
2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12
2.13 2.14 2.15 2.16 2.17
2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25
2.26 2.27 2.28 2.29 2.30 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9
6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21
6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25
7.26 7.27 7.28 7.29 7.30
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30
9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17
9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11
12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2
13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18
13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 14.1 14.2 14.3 14.4 14.5 14.6
14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14
16.15 16.16 16.17 16.18 16.19 16.20
16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 17.1 17.2 17.3 17.4
17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7
18.8 18.9 18.10 18.11 18.12
18.13 18.14 18.15 18.16 18.17 18.18
18.19 18.20 18.21 18.22 18.23 18.24
18.25 18.26 18.27 18.28 18.29 18.30 18.31
19.1 19.2 19.3 19.4 19.5 19.6 19.7
19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1
20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14
20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6
21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25
22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 24.1 24.2 24.3 24.4 24.5 24.6
24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26
24.27 24.28 24.29 24.30 25.1 25.2
25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21
30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31
31.1 31.2 31.3
31.4 31.5
31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4
32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23
34.24 34.25 34.26 34.27 34.28 34.29 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20
35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19
36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32
37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16
37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21
38.22 38.23
38.24 38.25 38.26 38.27 38.28 38.29 38.30 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11
39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14
40.15 40.16 40.17 40.18 40.19
40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25
41.26 41.27 41.28 41.29 41.30
42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13
42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26
42.27 42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10
43.11 43.12 43.13 43.14 43.15
43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 44.1 44.2 44.3 44.4
44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18
44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19
45.20 45.21 45.22 45.23 45.24 45.25
45.26 45.27 45.28 45.29 45.30
46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27
46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16
47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 49.1 49.2 49.3
49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32
50.1 50.2
50.3 50.4
50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14
51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11
53.12
53.13 53.14 53.15 53.16 53.17
53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26
53.27
53.28 53.29 53.30 54.1 54.2 54.3 54.4
54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21
54.22
54.23 54.24 54.25 54.26 54.27 54.28 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1
56.2
56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19
56.20
56.21 56.22 56.23 56.24 56.25 56.26 56.27 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 59.1 59.2 59.3 59.4 59.5 59.6
59.7
59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3 61.4
61.5
61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13
61.14
61.15 61.16 61.17 61.18 61.19
61.20
61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27
62.28
62.29 62.30 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5
63.6
63.7 63.8 63.9 63.10 63.11 63.12
63.13
63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 64.1 64.2 64.3 64.4
64.5
64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27
64.28
65.1 65.2 65.3 65.4 65.5 65.6 65.7
65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25
65.26 65.27 65.28 65.29 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4
69.5
69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20
69.21
69.22 69.23 69.24 69.25 69.26 69.27
69.28
70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29
70.30
71.1 71.2 71.3 71.4
71.5
71.6 71.7 71.8 71.9 71.10 71.11
71.12
71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 72.1 72.2 72.3
72.4
72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2
73.3
73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14
73.15
73.16 73.17 73.18
73.19
73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 75.1 75.2 75.3
75.4
75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24
75.25 75.26 75.27 75.28 75.29 75.30 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16
76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16
A bill for an act
relating to cannabis; modifying provisions regarding the sale of cannabinoids
derived from hemp; modifying medical cannabis provisions; modifying cannabis
business provisions; modifying the limits of delta-9 tetrahydrocannabinol in edible
cannabinoid products and lower-potency hemp edibles when intended to be
consumed as beverages; amending Minnesota Statutes 2024, sections 151.72,
subdivisions 3, 5a; 152.22, subdivisions 4, 7, 10, 13; 152.24; 152.25; 152.26;
152.261; 152.27, subdivisions 2, 7; 152.28, subdivisions 1, 3; 152.29, subdivisions
1, 2, 3a, 4; 152.31; 152.32, subdivision 2; 152.33, subdivisions 1a, 4; 152.35;
152.37; 342.01, subdivisions 9, 34, 47, 48, 50, 71, by adding subdivisions; 342.02,
subdivision 3; 342.09, subdivision 2; 342.10; 342.11; 342.12; 342.13; 342.14,
subdivisions 1, 3, 6; 342.151, subdivisions 2, 3; 342.17; 342.18, subdivision 2;
342.22, subdivision 3, by adding a subdivision; 342.28, subdivisions 1, 8; 342.29,
subdivisions 1, 7; 342.30, subdivision 1; 342.32, subdivisions 1, 4, 5; 342.33,
subdivision 1; 342.34, subdivision 5; 342.36, subdivision 6; 342.37, by adding
subdivisions; 342.39, subdivision 3; 342.43, subdivisions 1, 2, by adding a
subdivision; 342.44, subdivision 1; 342.45, by adding subdivisions; 342.46,
subdivisions 1, 3, 4, 5, 6, 7, 9, by adding subdivisions; 342.51, subdivision 2, by
adding a subdivision; 342.515, subdivisions 1, 5; 342.52, subdivision 9, by adding
a subdivision; 342.57; 342.59, subdivision 2; 342.61, subdivision 4; 342.62,
subdivision 2; 342.63, subdivisions 2, 3, 5, 6; 342.65; 342.66, subdivision 6;
proposing coding for new law in Minnesota Statutes, chapter 342; repealing
Minnesota Statutes 2024, sections 152.22, subdivision 2; 342.151, subdivision 1;
342.36, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
MEDICAL CANNABIS
Section 1.
Minnesota Statutes 2024, section 152.22, subdivision 4, is amended to read:
Subd. 4.
Health care practitioner.
"Health care practitioner" means a deleted text begin Minnesota licenseddeleted text end new text begin
Minnesota-licensednew text end doctor of medicine, a deleted text begin Minnesota licenseddeleted text end new text begin Minnesota-licensednew text end physician
assistantnew text begin acting within the scope of authorized practicenew text end , or a deleted text begin Minnesota licenseddeleted text end new text begin
Minnesota-licensednew text end advanced practice registered nurse who has new text begin an active license in good
standing and new text end the primary responsibility for the care and treatment of the qualifying medical
condition of deleted text begin a persondeleted text end new text begin an individualnew text end diagnosed with a qualifying medical condition.
Sec. 2.
Minnesota Statutes 2024, section 152.22, subdivision 7, is amended to read:
Subd. 7.
Medical cannabis manufacturer.
"Medical cannabis manufacturer" or
"manufacturer" means an entity registered by the deleted text begin commissionerdeleted text end new text begin officenew text end to cultivate, acquire,
manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis,
delivery devices, or related supplies and educational materials.
Sec. 3.
Minnesota Statutes 2024, section 152.22, subdivision 10, is amended to read:
Subd. 10.
Patient registry number.
"Patient registry number" means a unique
identification number assigned by the deleted text begin commissionerdeleted text end new text begin officenew text end to a patient enrolled in the registry
program.
Sec. 4.
Minnesota Statutes 2024, section 152.22, subdivision 13, is amended to read:
Subd. 13.
Registry verification.
"Registry verification" means the verification provided
by the deleted text begin commissionerdeleted text end new text begin officenew text end that a patient is enrolled in the registry program and that includes
the patient's name, registry number, and, if applicable, the name of the patient's registered
designated caregiver or parent, legal guardian, or spouse.
Sec. 5.
Minnesota Statutes 2024, section 152.24, is amended to read:
152.24 FEDERALLY APPROVED CLINICAL TRIALS.
The deleted text begin commissionerdeleted text end new text begin officenew text end may prohibit enrollment of a patient in the registry program
if the patient is simultaneously enrolled in a federally approved clinical trial for the treatment
of a qualifying medical condition with medical cannabis. The deleted text begin commissionerdeleted text end new text begin officenew text end shall
provide information to all patients enrolled in the registry program on the existence of
federally approved clinical trials for the treatment of the patient's qualifying medical condition
with medical cannabis as an alternative to enrollment in the patient registry program.
Sec. 6.
Minnesota Statutes 2024, section 152.25, is amended to read:
152.25 deleted text begin COMMISSIONERdeleted text end new text begin OFFICEnew text end DUTIES.
Subdivision 1.
Medical cannabis manufacturer registration.
(a) The deleted text begin commissionerdeleted text end new text begin
officenew text end shall register two in-state manufacturers for the production of all medical cannabis
within the state. A registration agreement between the deleted text begin commissionerdeleted text end new text begin officenew text end and a
manufacturer is nontransferable. The deleted text begin commissionerdeleted text end new text begin officenew text end shall register new manufacturers
or reregister the existing manufacturers by December 1 every two years, using the factors
described in this subdivision. The deleted text begin commissionerdeleted text end new text begin officenew text end shall accept applications after
December 1, 2014, if one of the manufacturers registered before December 1, 2014, ceases
to be registered as a manufacturer. The deleted text begin commissioner'sdeleted text end new text begin office'snew text end determination that no
manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial
review in Ramsey County District Court. Data submitted during the application process are
private data on individuals or nonpublic data as defined in section 13.02 until the
manufacturer is registered under this section. Data on a manufacturer that is registered are
public data, unless the data are trade secret or security information under section 13.37.
(b) As a condition for registration, a manufacturer must agree to:
(1) begin supplying medical cannabis to patients by July 1, 2015; and
(2) comply with all requirements under sections 152.22 to 152.37.
(c) The deleted text begin commissionerdeleted text end new text begin officenew text end shall consider the following factors when determining
which manufacturer to register:
(1) the technical expertise of the manufacturer in cultivating medical cannabis and
converting the medical cannabis into an acceptable delivery method under section 152.22,
subdivision 6;
(2) the qualifications of the manufacturer's employees;
(3) the long-term financial stability of the manufacturer;
(4) the ability to provide appropriate security measures on the premises of the
manufacturer;
(5) whether the manufacturer has demonstrated an ability to meet the medical cannabis
production needs required by sections 152.22 to 152.37; and
(6) the manufacturer's projection and ongoing assessment of fees on patients with a
qualifying medical condition.
(d) If an officer, director, or controlling person of the manufacturer pleads or is found
guilty of intentionally diverting medical cannabis to a person other than allowed by law
under section 152.33, subdivision 1, the deleted text begin commissionerdeleted text end new text begin officenew text end may decide not to renew the
registration of the manufacturer, provided the violation occurred while the person was an
officer, director, or controlling person of the manufacturer.
(e) The deleted text begin commissionerdeleted text end new text begin officenew text end shall require each medical cannabis manufacturer to contract
with an independent laboratory to test medical cannabis produced by the manufacturer. The
deleted text begin commissionerdeleted text end new text begin officenew text end shall approve the laboratory chosen by each manufacturer and require
that the laboratory report testing results to the manufacturer in a manner determined by the
deleted text begin commissionerdeleted text end new text begin officenew text end .
Subd. 1a.
Revocation or nonrenewal of a medical cannabis manufacturer
registration.
If the deleted text begin commissionerdeleted text end new text begin officenew text end intends to revoke or not renew a registration issued
under this section, the deleted text begin commissionerdeleted text end new text begin officenew text end must first notify in writing the manufacturer
against whom the action is to be taken and provide the manufacturer with an opportunity
to request a hearing under the contested case provisions of chapter 14. If the manufacturer
does not request a hearing by notifying the deleted text begin commissionerdeleted text end new text begin officenew text end in writing within 20 days
after receipt of the notice of proposed action, the deleted text begin commissionerdeleted text end new text begin officenew text end may proceed with
the action without a hearing. For revocations, the registration of a manufacturer is considered
revoked on the date specified in the deleted text begin commissioner'sdeleted text end new text begin office'snew text end written notice of revocation.
Subd. 1b.
Temporary suspension proceedings.
The deleted text begin commissionerdeleted text end new text begin officenew text end may institute
proceedings to temporarily suspend the registration of a medical cannabis manufacturer for
a period of up to 90 days by notifying the manufacturer in writing if any action by an
employee, agent, officer, director, or controlling person of the manufacturer:
(1) violates any of the requirements of sections 152.22 to 152.37 or the rules adopted
thereunder;
(2) permits, aids, or abets the commission of any violation of state law at the
manufacturer's location for cultivation, harvesting, manufacturing, packaging, and processing
or at any site for distribution of medical cannabis;
(3) performs any act contrary to the welfare of a registered patient or registered designated
caregiver; or
(4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation.
Subd. 1c.
Notice to patients.
Upon the revocation or nonrenewal of a manufacturer's
registration under subdivision 1a or implementation of an enforcement action under
subdivision 1b that may affect the ability of a registered patient, registered designated
caregiver, or a registered patient's parent, legal guardian, or spouse to obtain medical cannabis
from the manufacturer subject to the enforcement action, the deleted text begin commissionerdeleted text end new text begin officenew text end shall
notify in writing each registered patient and the patient's registered designated caregiver or
registered patient's parent, legal guardian, or spouse about the outcome of the proceeding
and information regarding alternative registered manufacturers. This notice must be provided
two or more business days prior to the effective date of the revocation, nonrenewal, or other
enforcement action.
Subd. 2.
Range of compounds and dosages; report.
The office shall review and publicly
report the existing medical and scientific literature regarding the range of recommended
dosages for each qualifying condition and the range of chemical compositions of any plant
of the genus cannabis that will likely be medically beneficial for each of the qualifying
medical conditions. The office shall make this information available to patients with
qualifying medical conditions beginning December 1, 2014, and update the information
every three years. The office may consult with the independent laboratory under contract
with the manufacturer or other experts in reporting the range of recommended dosages for
each qualifying medical condition, the range of chemical compositions that will likely be
medically beneficial, and any risks of noncannabis drug interactions. The office shall consult
with each manufacturer on an annual basis on medical cannabis offered by the manufacturer.
The list of medical cannabis offered by a manufacturer shall be published on the Office of
Cannabis Management website.
Subd. 3.
Deadlines.
The deleted text begin commissionerdeleted text end new text begin officenew text end shall adopt rules necessary for the
manufacturer to begin distribution of medical cannabis to patients under the registry program
by July 1, 2015, and have notice of proposed rules published in the State Register prior to
January 1, 2015.
Subd. 4.
Reports.
(a) The deleted text begin commissionerdeleted text end new text begin officenew text end shall provide regular updates to the deleted text begin task
force on medical cannabis therapeutic research and to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services,
public safety, judiciary, and civil lawdeleted text end new text begin Cannabis Advisory Council under section 342.03new text end
regarding: (1) any changes in federal law or regulatory restrictions regarding the use of
medical cannabis or hemp; and (2) the market demand and supply in this state for products
made from hemp that can be used for medicinal purposes.
(b) The deleted text begin commissionerdeleted text end new text begin officenew text end may submit medical research based on the data collected
under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement
authority over medical cannabis to demonstrate the effectiveness of medical cannabis for
treating a qualifying medical condition.
Sec. 7.
Minnesota Statutes 2024, section 152.26, is amended to read:
152.26 RULEMAKING.
(a) The deleted text begin commissionerdeleted text end new text begin officenew text end may adopt rules to implement sections 152.22 to 152.37.
Rules for which notice is published in the State Register before January 1, 2015, may be
adopted using the process in section 14.389.
(b) The deleted text begin commissionerdeleted text end new text begin officenew text end may adopt or amend rules, using the procedure in section
14.386, paragraph (a), to implement the addition of dried raw cannabis as an allowable form
of medical cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section
14.386, paragraph (b), does not apply to these rules.
Sec. 8.
Minnesota Statutes 2024, section 152.261, is amended to read:
152.261 RULES; ADVERSE INCIDENTS.
(a) The deleted text begin commissioner of healthdeleted text end new text begin officenew text end shall adopt rules to establish requirements for
reporting incidents when individuals who are not authorized to possess medical cannabis
under sections 152.22 to 152.37 are found in possession of medical cannabis. The rules
must identify professionals required to report, the information they are required to report,
and actions the reporter must take to secure the medical cannabis.
(b) The deleted text begin commissioner of healthdeleted text end new text begin officenew text end shall adopt rules to establish requirements for law
enforcement officials and health care professionals to report incidents involving an overdose
of medical cannabis to the deleted text begin commissioner of healthdeleted text end new text begin officenew text end .
(c) Rules must include the method by which the deleted text begin commissionerdeleted text end new text begin officenew text end will collect and
tabulate reports of unauthorized possession and overdose.
Sec. 9.
Minnesota Statutes 2024, section 152.27, subdivision 2, is amended to read:
Subd. 2.
Office duties.
(a) The office shall:
(1) give notice of the program to health care practitioners in the state deleted text begin who are eligible
to serve as health care practitioners and explain the purposes and requirements of the
programdeleted text end ;
(2) allow each health care practitioner who meets or agrees to meet the program's
requirements and who requests to participate, to be included in the registry program deleted text begin to
collect data for the patient registrydeleted text end ;
(3) provide explanatory information and assistance to each health care practitioner in
understanding the nature of therapeutic use of medical cannabis within program requirements;
(4) create and provide a certification to be used by a health care practitioner for the
practitioner to certify whether a patient has been diagnosed with a qualifying medical
condition;
(5) supervise the participation of the health care practitioner in conducting patient
treatment and health records reporting in a manner that ensures stringent security and
record-keeping requirements and that prevents the unauthorized release of private data on
individuals as defined by section 13.02;
(6) develop safety criteria for patients with a qualifying medical condition as a
requirement of the patient's participation in the program, to prevent the patient from
undertaking any task under the influence of medical cannabis that would constitute negligence
or professional malpractice on the part of the patient; and
(7) conduct research and studies based on data from health records submitted to the
registry program and submit reports on intermediate or final research results to the legislature
and major scientific journals. The office may contract with a third party to complete the
requirements of this clause. Any reports submitted must comply with section 152.28,
subdivision 2.
(b) The office may add a delivery method under section 152.22, subdivision 6, upon a
petition from a member of the public or the Cannabis Advisory Council under section 342.03
or as directed by law. If the office wishes to add a delivery method under section 152.22,
subdivision 6, the office must notify the chairs and ranking minority members of the
legislative policy committees having jurisdiction over health and public safety of the addition
and the reasons for its addition, including any written comments received by the office from
the public and any guidance received from the Cannabis Advisory Council under section
342.03, by January 15 of the year in which the office wishes to make the change. The change
shall be effective on August 1 of that year, unless the legislature by law provides otherwise.
Sec. 10.
Minnesota Statutes 2024, section 152.27, subdivision 7, is amended to read:
Subd. 7.
Notice requirements.
Patients and registered designated caregivers shall notify
the deleted text begin commissionerdeleted text end new text begin officenew text end of any address or name change within 30 days of the change having
occurred. A patient or registered designated caregiver is subject to a $100 fine for failure
to notify the deleted text begin commissionerdeleted text end new text begin officenew text end of the change.
Sec. 11.
Minnesota Statutes 2024, section 152.28, subdivision 1, is amended to read:
Subdivision 1.
Health care practitioner duties.
(a) Prior to a patient's enrollment in
the registry program, a health care practitioner shall:
(1) determine, in the health care practitioner's medical judgment, whether a patient suffers
from a qualifying medical condition, and, if so determined, provide the patient with a
certification of that diagnosis;
(2) advise patients, registered designated caregivers, and parents, legal guardians, or
spouses who are acting as caregivers of the existence of any nonprofit patient support groups
or organizations;
(3) provide explanatory information from the office to patients with qualifying medical
conditions, including disclosure to all patients about the experimental nature of therapeutic
use of medical cannabis; the possible risks, benefits, and side effects of the proposed
treatment; the application and other materials from the office; and provide patients with the
Tennessen warning as required by section 13.04, subdivision 2; and
(4) agree to continue treatment of the patient's qualifying medical condition and report
medical findings to the office.
(b) Upon notification from the office of the patient's enrollment in the registry program,
the health care practitioner shall:
(1) participate in the patient registry reporting system under the guidance and supervision
of the office;
(2) report health records of the patient throughout the ongoing treatment of the patient
to the office in a manner determined by the deleted text begin commissionerdeleted text end new text begin officenew text end and in accordance with
subdivision 2;
(3) determine, every three years, if the patient continues to suffer from a qualifying
medical condition and, if so, issue the patient a new certification of that diagnosis; and
(4) otherwise comply with all requirements developed by the office.
(c) A health care practitioner may utilize telehealth, as defined in section 62A.673,
subdivision 2, for certifications and recertifications.
(d) Nothing in this section requires a health care practitioner to participate in the registry
program.
Sec. 12.
Minnesota Statutes 2024, section 152.28, subdivision 3, is amended to read:
Subd. 3.
Advertising restrictions.
(a) A health care practitioner shall not publish or
cause to be published any advertisement that:
(1) contains false or misleading statements about medical cannabis or about the medical
cannabis registry program;
(2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass;
(3) states or implies the health care practitioner is endorsed by the deleted text begin Department of Healthdeleted text end new text begin
officenew text end or by the medical cannabis registry program;
(4) includes images of cannabis in its plant or leaf form or of cannabis-smoking
paraphernalia; or
(5) contains medical symbols that could reasonably be confused with symbols of
established medical associations or groups.
(b) A health care practitioner found by the deleted text begin commissionerdeleted text end new text begin officenew text end to have violated this
subdivision is prohibited from certifying that patients have a qualifying medical condition
for purposes of patient participation in the registry program. The deleted text begin commissioner'sdeleted text end new text begin office'snew text end
decision that a health care practitioner has violated this subdivision is a final decision of
the deleted text begin commissionerdeleted text end new text begin officenew text end and is not subject to the contested case procedures in chapter 14.
Sec. 13.
Minnesota Statutes 2024, section 152.29, subdivision 1, is amended to read:
Subdivision 1.
Manufacturer; requirements.
(a) A manufacturer may operate eight
distribution facilities, which may include the manufacturer's single location for cultivation,
harvesting, manufacturing, packaging, and processing but is not required to include that
location. The deleted text begin commissionerdeleted text end new text begin officenew text end shall designate the geographical service areas to be served
by each manufacturer based on geographical need throughout the state to improve patient
access. A manufacturer shall not have more than two distribution facilities in each
geographical service area assigned to the manufacturer by the deleted text begin commissionerdeleted text end new text begin officenew text end . A
manufacturer shall operate only one location where all cultivation, harvesting, manufacturing,
packaging, and processing of medical cannabis shall be conducted. This location may be
one of the manufacturer's distribution facility sites. The additional distribution facilities
may dispense medical cannabis and medical cannabis products but may not contain any
medical cannabis in a form other than those forms allowed under section 152.22, subdivision
6, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing,
packaging, or processing at the other distribution facility sites. Any distribution facility
operated by the manufacturer is subject to all of the requirements applying to the
manufacturer under sections 152.22 to 152.37, including, but not limited to, security and
distribution requirements.
(b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may
acquire hemp products produced by a hemp processor. A manufacturer may manufacture
or process hemp and hemp products into an allowable form of medical cannabis under
section 152.22, subdivision 6. Hemp and hemp products acquired by a manufacturer under
this paragraph are subject to the same quality control program, security and testing
requirements, and other requirements that apply to medical cannabis under sections 152.22
to 152.37 and Minnesota Rules, chapter 4770.
(c) A medical cannabis manufacturer shall contract with a laboratory approved by the
deleted text begin commissionerdeleted text end new text begin officenew text end , subject to any additional requirements set by the deleted text begin commissionerdeleted text end new text begin officenew text end ,
for purposes of testing medical cannabis manufactured or hemp or hemp products acquired
by the medical cannabis manufacturer as to content, contamination, and consistency to
verify the medical cannabis meets the requirements of section 152.22, subdivision 6. The
cost of laboratory testing shall be paid by the manufacturer.
(d) The operating documents of a manufacturer must include:
(1) procedures for the oversight of the manufacturer and procedures to ensure accurate
record keeping;
(2) procedures for the implementation of appropriate security measures to deter and
prevent the theft of medical cannabis and unauthorized entrance into areas containing medical
cannabis; and
(3) procedures for the delivery and transportation of hemp between hemp growers and
manufacturers and for the delivery and transportation of hemp products between hemp
processors and manufacturers.
(e) A manufacturer shall implement security requirements, including requirements for
the delivery and transportation of hemp and hemp products, protection of each location by
a fully operational security alarm system, facility access controls, perimeter intrusion
detection systems, and a personnel identification system.
(f) A manufacturer shall not share office space with, refer patients to a health care
practitioner, or have any financial relationship with a health care practitioner.
(g) A manufacturer shall not permit any person to consume medical cannabis on the
property of the manufacturer.
(h) A manufacturer is subject to reasonable inspection by the deleted text begin commissionerdeleted text end new text begin officenew text end .
(i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not
subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.
(j) A medical cannabis manufacturer may not employ any person who is under 21 years
of age or who has been convicted of a disqualifying felony offense. An employee of a
medical cannabis manufacturer must submit a completed criminal history records check
consent form, a full set of classifiable fingerprints, and the required fees for submission to
the Bureau of Criminal Apprehension before an employee may begin working with the
manufacturer. The bureau must conduct a Minnesota criminal history records check and
the superintendent is authorized to exchange the fingerprints with the Federal Bureau of
Investigation to obtain the applicant's national criminal history record information. The
bureau shall return the results of the Minnesota and federal criminal history records checks
to the deleted text begin commissionerdeleted text end new text begin officenew text end .
(k) A manufacturer may not operate in any location, whether for distribution or
cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a
public or private school existing before the date of the manufacturer's registration with the
deleted text begin commissionerdeleted text end new text begin officenew text end .
(l) A manufacturer shall comply with reasonable restrictions set by the deleted text begin commissionerdeleted text end new text begin
officenew text end relating to signage, marketing, display, and advertising of medical cannabis.
(m) Before a manufacturer acquires hemp from a hemp grower or hemp products from
a hemp processor, the manufacturer must verify that the hemp grower or hemp processor
has a valid license issued by the commissioner of agriculture under chapter 18K.
(n) Until a state-centralized, seed-to-sale system is implemented that can track a specific
medical cannabis plant from cultivation through testing and point of sale, the deleted text begin commissionerdeleted text end new text begin
officenew text end shall conduct at least one unannounced inspection per year of each manufacturer that
includes inspection of:
(1) business operations;
(2) physical locations of the manufacturer's manufacturing facility and distribution
facilities;
(3) financial information and inventory documentation, including laboratory testing
results; and
(4) physical and electronic security alarm systems.
Sec. 14.
Minnesota Statutes 2024, section 152.29, subdivision 2, is amended to read:
Subd. 2.
Manufacturer; production.
(a) A manufacturer of medical cannabis shall
provide a reliable and ongoing supply of all medical cannabis needed for the registry program
through cultivation by the manufacturer and through the purchase of hemp from hemp
growers.
(b) All cultivation, harvesting, manufacturing, packaging, and processing of medical
cannabis must take place in an enclosed, locked facility at a physical address provided to
the deleted text begin commissionerdeleted text end new text begin officenew text end during the registration process.
(c) A manufacturer must process and prepare any medical cannabis plant material or
hemp plant material into a form allowable under section 152.22, subdivision 6, prior to
distribution of any medical cannabis.
Sec. 15.
Minnesota Statutes 2024, section 152.29, subdivision 3a, is amended to read:
Subd. 3a.
Transportation of medical cannabis; transport staffing.
(a) A medical
cannabis manufacturer may staff a transport motor vehicle with only one employee if the
medical cannabis manufacturer is transporting medical cannabis to either a certified
laboratory for the purpose of testing or a facility for the purpose of disposal. If the medical
cannabis manufacturer is transporting medical cannabis for any other purpose or destination,
the transport motor vehicle must be staffed with a minimum of two employees as required
by rules adopted by the deleted text begin commissionerdeleted text end new text begin officenew text end .
(b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only
transporting hemp for any purpose may staff the transport motor vehicle with only one
employee.
(c) A medical cannabis manufacturer may contract with a third party for armored car
services for deliveries of medical cannabis from its production facility to distribution
facilities. A medical cannabis manufacturer that contracts for armored car services remains
responsible for the transportation manifest and inventory tracking requirements in rules
adopted by the deleted text begin commissionerdeleted text end new text begin officenew text end .
(d) deleted text begin Department of Healthdeleted text end new text begin Officenew text end staff may transport medical cannabis for the purposes
of delivering medical cannabis and other samples to a laboratory for testing under rules
adopted by the deleted text begin commissionerdeleted text end new text begin officenew text end and in cases of special investigations when the
deleted text begin commissionerdeleted text end new text begin officenew text end has determined there is a potential threat to public health. The transport
motor vehicle must be staffed with a minimum of two deleted text begin Department of Healthdeleted text end new text begin officenew text end
employees. The employees must carry with them their deleted text begin Department of Healthdeleted text end new text begin officenew text end
identification card and a transport manifest.
Sec. 16.
Minnesota Statutes 2024, section 152.29, subdivision 4, is amended to read:
Subd. 4.
Report.
(a) Each manufacturer shall report to the deleted text begin commissionerdeleted text end new text begin officenew text end on a
monthly basis the following information on each individual patient for the month prior to
the report:
(1) the amount and dosages of medical cannabis distributed;
(2) the chemical composition of the medical cannabis; and
(3) the tracking number assigned to any medical cannabis distributed.
(b) For transactions involving Tribal medical cannabis program patients, each
manufacturer shall report to the deleted text begin commissionerdeleted text end new text begin officenew text end on a weekly basis the following
information on each individual Tribal medical cannabis program patient for the week prior
to the report:
(1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis
program patient is enrolled;
(2) the amount and dosages of medical cannabis distributed;
(3) the chemical composition of the medical cannabis distributed; and
(4) the tracking number assigned to the medical cannabis distributed.
Sec. 17.
Minnesota Statutes 2024, section 152.31, is amended to read:
152.31 DATA PRACTICES.
(a) Government data in patient files maintained by the deleted text begin commissionerdeleted text end new text begin officenew text end and the
health care practitioner, and data submitted to or by a medical cannabis manufacturer, are
private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data,
as defined in section 13.02, subdivision 9, but may be used for purposes of complying with
chapter 13 and complying with a request from the legislative auditor or the state auditor in
the performance of official duties. The provisions of section 13.05, subdivision 11, apply
to a registration agreement entered between the deleted text begin commissionerdeleted text end new text begin officenew text end and a medical cannabis
manufacturer under section 152.25.
(b) Not public data maintained by the deleted text begin commissionerdeleted text end new text begin officenew text end may not be used for any
purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked
in any manner with any other list, dataset, or database.
(c) The deleted text begin commissionerdeleted text end new text begin officenew text end may execute data sharing arrangements with the
commissioner of agriculture to verify licensing, inspection, and compliance information
related to hemp growers and hemp processors under chapter 18K.
Sec. 18.
Minnesota Statutes 2024, 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; 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; or use or possession of medical cannabis or medical cannabis
products by a Tribal medical cannabis program patient;
(2) possession, dosage determination, or sale of medical cannabis or medical cannabis
products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical
cannabis program manufacturer, employees of a Tribal medical cannabis program
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 deleted text begin commissionerdeleted text end new text begin officenew text end , members of a Tribal medical cannabis board, the
deleted text begin commissioner'sdeleted text end new text begin office'snew text end or Tribal medical cannabis board's staff, the deleted text begin commissioner'sdeleted text end new text begin office'snew text end
or Tribal medical cannabis board'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 participation in the registry program under sections 152.22 to 152.37 or in a Tribal
medical cannabis program. 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 deleted text begin commissionerdeleted text end new text begin officenew text end , 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 deleted text begin commissionerdeleted text end new text begin officenew text end 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 or from a Tribal medical cannabis program patient 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, a Tribal court, or the 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, or for
providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis
program manufacturer.
(j) The following do not constitute probable cause or reasonable suspicion, and shall not
be used to support a search of the person or property of the person possessing or applying
for the registry verification or equivalent, or otherwise subject the person or property of the
person to inspection by any governmental agency:
(1) possession of a registry verification or application for enrollment in the registry
program by a person entitled to possess a registry verification or apply for enrollment in
the registry program; or
(2) possession of a verification or equivalent issued by a Tribal medical cannabis program
or application for enrollment in a Tribal medical cannabis program by a person entitled to
possess such a verification or application.
Sec. 19.
Minnesota Statutes 2024, section 152.33, subdivision 1a, is amended to read:
Subd. 1a.
Intentional diversion outside the state; penalties.
(a) In addition to any other
applicable penalty in law, the deleted text begin commissionerdeleted text end new text begin officenew text end may levy a fine of $250,000 against a
manufacturer and may immediately initiate proceedings to revoke the manufacturer's
registration, using the procedure in section 152.25, if:
(1) an officer, director, or controlling person of the manufacturer pleads or is found
guilty under subdivision 1 of intentionally transferring medical cannabis, while the person
was an officer, director, or controlling person of the manufacturer, to a person other than
allowed by law; and
(2) in intentionally transferring medical cannabis to a person other than allowed by law,
the officer, director, or controlling person transported or directed the transport of medical
cannabis outside of Minnesota.
(b) All fines collected under this subdivision shall be deposited in the state government
special revenue fund.
Sec. 20.
Minnesota Statutes 2024, section 152.33, subdivision 4, is amended to read:
Subd. 4.
Submission of false records; criminal penalty.
A person who knowingly
submits false records or documentation required by the deleted text begin commissionerdeleted text end new text begin officenew text end to register as
a manufacturer of medical cannabis under sections 152.22 to 152.37 is guilty of a felony
and may be sentenced to imprisonment for not more than two years or by payment of a fine
of not more than $3,000, or both.
Sec. 21.
Minnesota Statutes 2024, section 152.35, is amended to read:
152.35 FEES; DEPOSIT OF REVENUE.
(a) The deleted text begin commissionerdeleted text end new text begin officenew text end shall collect an application fee of $20,000 from each entity
submitting an application for registration as a medical cannabis manufacturer. Revenue
from the fee shall be deposited in the state treasury and credited to the state government
special revenue fund.
(b) The deleted text begin commissionerdeleted text end new text begin officenew text end shall establish and collect an annual fee from a medical
cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in
that year. Revenue from the fee amount shall be deposited in the state treasury and credited
to the state government special revenue fund.
(c) A medical cannabis manufacturer may charge patients enrolled in the registry program
a reasonable fee for costs associated with the operations of the manufacturer. The
manufacturer may establish a sliding scale of patient fees based upon a patient's household
income and may accept private donations to reduce patient fees.
Sec. 22.
Minnesota Statutes 2024, section 152.37, is amended to read:
152.37 FINANCIAL EXAMINATIONS; PRICING REVIEWS.
Subdivision 1.
Financial records.
A medical cannabis manufacturer shall maintain
detailed financial records in a manner and format approved by the deleted text begin commissionerdeleted text end new text begin officenew text end ,
and shall keep all records updated and accessible to the deleted text begin commissionerdeleted text end new text begin officenew text end when requested.
Subd. 2.
Certified annual audit.
A medical cannabis manufacturer shall submit the
results of an annual certified financial audit to the deleted text begin commissionerdeleted text end new text begin officenew text end no later than May
1 of each year for the calendar year beginning January 2015. The annual audit shall be
conducted by an independent certified public accountant and the costs of the audit are the
responsibility of the medical cannabis manufacturer. Results of the audit shall be provided
to the medical cannabis manufacturer and the deleted text begin commissionerdeleted text end new text begin officenew text end . The deleted text begin commissionerdeleted text end new text begin officenew text end
may also require another audit of the medical cannabis manufacturer by a certified public
accountant chosen by the deleted text begin commissionerdeleted text end new text begin officenew text end with the costs of the audit paid by the medical
cannabis manufacturer.
Subd. 3.
Power to examine.
(a) The deleted text begin commissionerdeleted text end new text begin officenew text end or designee may examine the
business affairs and conditions of any medical cannabis manufacturer, including but not
limited to a review of the financing, budgets, revenues, sales, and pricing.
(b) An examination may cover the medical cannabis manufacturer's business affairs,
practices, and conditions including but not limited to a review of the financing, budgets,
revenues, sales, and pricing. The deleted text begin commissionerdeleted text end new text begin officenew text end shall determine the nature and scope
of each examination and in doing so shall take into account all available relevant factors
concerning the financial and business affairs, practices, and conditions of the examinee.
The costs incurred by the department in conducting an examination shall be paid for by the
medical cannabis manufacturer.
(c) When making an examination under this section, the deleted text begin commissionerdeleted text end new text begin officenew text end may retain
attorneys, appraisers, independent economists, independent certified public accountants, or
other professionals and specialists as designees. A certified public accountant retained by
the deleted text begin commissionerdeleted text end new text begin officenew text end may not be the same certified public accountant providing the
certified annual audit in subdivision 2.
(d) The deleted text begin commissionerdeleted text end new text begin officenew text end shall make a report of an examination conducted under this
section and provide a copy to the medical cannabis manufacturer. The deleted text begin commissionerdeleted text end new text begin officenew text end
shall then post a copy of the report on the department's website. All working papers, recorded
information, documents, and copies produced by, obtained by, or disclosed to the
deleted text begin commissionerdeleted text end new text begin officenew text end or any other person in the course of an examination, other than the
information contained in any deleted text begin commissionerdeleted text end new text begin officenew text end official report, made under this section
are private data on individuals or nonpublic data, as defined in section 13.02.
Sec. 23.
Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to
read:
new text begin Subd. 54a. new text end
new text begin Medical cannabis paraphernalia. new text end
new text begin
"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.
new text end
Sec. 24.
Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to
read:
new text begin Subd. 69c. new text end
new text begin Tribal medical cannabis board. new text end
new text begin
"Tribal medical cannabis board" means an
agency established by a federally recognized Tribal government and authorized by the
Tribe's governing body to provide regulatory oversight and monitor compliance with a
Tribal medical cannabis program and applicable regulations.
new text end
Sec. 25.
Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to
read:
new text begin Subd. 69d. new text end
new text begin Tribal medical cannabis program. new text end
new text begin
"Tribal medical cannabis program"
means a program established by a federally recognized Tribal government within the
boundaries of Minnesota that involves the commercial production, processing, sale or
distribution, and possession of medical cannabis and medical cannabis products.
new text end
Sec. 26.
Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to
read:
new text begin Subd. 69e. new text end
new text begin Tribal medical cannabis program patient. new text end
new text begin
"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. A valid registration verification card must verify that the card holder is
enrolled in or authorized to participate in a Tribal medical cannabis program.
new text end
Sec. 27.
Minnesota Statutes 2024, section 342.01, subdivision 71, is amended to read:
Subd. 71.
Visiting patient.
"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 programnew text begin or in a Tribal medical
cannabis programnew text end .
Sec. 28.
Minnesota Statutes 2024, section 342.02, subdivision 3, is amended to read:
Subd. 3.
Medical cannabis program.
(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.
(b) The following protections shall apply to employees who are transferred from the
Department of Health to the Office of Cannabis Management:
(1) the employment status and job classification of a transferred employee shall not be
altered as a result of the transfer;
(2) transferred employees who were represented by an exclusive representative prior to
the transfer shall continue to be represented by the same exclusive representative after the
transfer;
(3) the applicable collective bargaining agreements with exclusive representatives shall
continue in full force and effect for such transferred employees after the transfer;
(4) the state must meet and negotiate with the exclusive representatives of the transferred
employees about any proposed changes affecting or relating to the transferred employees'
terms and conditions of employment to the extent such changes are not addressed in the
applicable collective bargaining agreement; and
(5) for an employee in a temporary unclassified position transferred to the Office of
Cannabis Management, the total length of time that the employee has served in the
appointment shall include all time served in the appointment and the transferring agency
and the time served in the appointment at the Office of Cannabis Management. An employee
in a temporary unclassified position who was hired by a transferring agency through an
open competitive selection process in accordance with a policy enacted by Minnesota
Management and Budget shall be considered to have been hired through such process after
the transfer.
deleted text begin
(c) This subdivision is effective July 1, 2024.
deleted text end
Sec. 29.
Minnesota Statutes 2024, section 342.09, subdivision 2, is amended to read:
Subd. 2.
Home cultivation of cannabis for personal adult use.
new text begin (a) new text end 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.
new text begin
(b) Pursuant to section 342.52, subdivision 9, paragraph (d), a registered designated
caregiver may cultivate up to eight cannabis plants for not more than one patient household.
In addition to eight cannabis plants for one patient household, a registered designated
caregiver may cultivate up to eight cannabis plants for the caregiver's personal adult use of
cannabis. Of the 16 or fewer total cannabis plants being grown in the registered caregiver's
residence, no more than eight may be mature, flowering plants.
new text end
Sec. 30.
Minnesota Statutes 2024, section 342.51, subdivision 2, is amended to read:
Subd. 2.
Distribution requirements.
(a) Prior to distribution of medical cannabis flower
or medical cannabinoid products to a person enrolled in the registry program, an employee
deleted text begin with a valid medical cannabis consultant certificate issued by the office or a licensed
pharmacist under chapter 151deleted text end new text begin of a cannabis businessnew text end must:
(1) review and confirm the patient's enrollment in the registry program;
(2) verify that the person requesting the distribution of medical cannabis flower or
medical cannabinoid products is the patient, the patient's registered designated caregiver,
or the patient's parent, legal guardian, or spouse using the procedures established by the
office;
(3) deleted text begin providedeleted text end new text begin confirm that the patient had anew text end consultation deleted text begin to the patientdeleted text end new text begin with (i) an employee
with a valid medical cannabis consultant certificate issued by the office; or (ii) an employee
who is a licensed pharmacist under chapter 151new text end to determine the proper medical cannabis
flower or medical cannabinoid product, dosage, and paraphernalia for the patient if required
under subdivision 3;
(4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid
product that includes recommended dosage requirements and other information as required
by the office; and
(5) provide the patient with any other information required by the office.
(b) A cannabis business with a medical cannabis retail endorsement may not deliver
medical cannabis flower or medical cannabinoid products to a person enrolled in the registry
program unless the cannabis business with a medical cannabis retail endorsement also holds
a cannabis delivery service license. The delivery of medical cannabis flower and medical
cannabinoid products are subject to the provisions of section 342.42.
Sec. 31.
Minnesota Statutes 2024, section 342.51, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Distribution to visiting patients. new text end
new text begin
(a) A cannabis business with a medical
cannabis retail endorsement may distribute medical cannabis flower or medical cannabinoid
products to a visiting patient.
new text end
new text begin
(b) Before receiving a distribution of medical cannabis, a visiting patient must provide
to an employee of the cannabis business:
new text end
new text begin
(1) a valid medical cannabis registration verification card or equivalent document issued
under the laws and regulations of another state, district, commonwealth, Tribal Nation, or
territory that indicates that the visiting patient is authorized to use medical cannabis in the
issuing jurisdiction; and
new text end
new text begin
(2) a valid photographic identification card issued by the visiting patient's medical
cannabis program, a valid driver's license, or a valid state identification card.
new text end
new text begin
(c) Prior to the distribution of medical cannabis flower or medical cannabinoid products
to a visiting patient, an employee of a cannabis business must:
new text end
new text begin
(1) ensure that a patient-specific label has been applied to all medical cannabis flower
and medical cannabinoid products. The label must include the recommended dosage
requirements and other information required by the office; and
new text end
new text begin
(2) provide the patient with any other information required by the office.
new text end
new text begin
(d) For each transaction that involves a visiting patient, a cannabis business with a
medical cannabis retail endorsement must report to the office on a weekly basis:
new text end
new text begin
(1) the name of the visiting patient;
new text end
new text begin
(2) the name of the medical cannabis program in which the visiting patient is enrolled;
new text end
new text begin
(3) the amount and dosages of medical cannabis distributed;
new text end
new text begin
(4) the chemical composition of the medical cannabis distributed; and
new text end
new text begin
(5) the tracking number assigned to the medical cannabis that was distributed to the
visiting patient.
new text end
new text begin
(e) A cannabis business with a medical cannabis retail endorsement may distribute
medical cannabis flower and medical cannabinoid products to a visiting patient in a motor
vehicle if:
new text end
new text begin
(1) an employee of the cannabis business receives payment and distributes medical
cannabis flower and medical cannabinoid products in a designated zone that is as close as
feasible to the front door of the facility where the cannabis business is located;
new text end
new text begin
(2) the cannabis business with a medical cannabis retail endorsement ensures that the
receipt of payment and distribution of medical cannabis flower and medical cannabinoid
products are visually recorded by a closed-circuit television surveillance camera and provides
any other necessary security safeguards required by the office;
new text end
new text begin
(3) the cannabis business with a medical cannabis retail endorsement does not store
medical cannabis flower or medical cannabinoid products outside a restricted access area;
new text end
new text begin
(4) an employee of the cannabis business transports medical cannabis flower and medical
cannabinoid products from a restricted access area to the designated zone for distribution
to patients only after confirming that the visiting patient has arrived in the designated zone;
new text end
new text begin
(5) the payment for and distribution of medical cannabis flower and medical cannabinoid
products to a patient only occurs after meeting the requirements in paragraph (b);
new text end
new text begin
(6) immediately following the distribution of medical cannabis flower or medical
cannabinoid products to a patient, an employee of the cannabis business records the
transaction in the statewide monitoring system; and
new text end
new text begin
(7) immediately following the distribution of medical cannabis flower and medical
cannabinoid products, an employee of the cannabis business transports all payments received
into the facility where the cannabis business is located.
new text end
Sec. 32.
Minnesota Statutes 2024, section 342.515, subdivision 1, is amended to read:
Subdivision 1.
Authorized actions.
(a) A person, cooperative, or business holding a
medical cannabis combination business license is prohibited from owning or operating any
other cannabis business or hemp business or holding an active registration agreement under
section 152.25, subdivision 1.
(b) A person or business may hold only one medical cannabis combination business
license.
(c) A medical cannabis combination business license entitles the license holder to perform
any or all of the following within the limits established by this section:
(1) grow cannabis plants from seed or immature plant to mature plant and harvest
adult-use cannabis flower and medical cannabis flower from a mature plant;
(2) make cannabis concentrate;
(3) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
(4) manufacture artificially derived cannabinoids;
(5) manufacture medical cannabinoid products;
(6) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
(7) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis
microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis wholesaler,
or another medical cannabis combination business;
(8) purchase hemp plant parts and propagules from an industrial hemp grower licensed
under chapter 18K;
(9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids
from a cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a
cannabis wholesaler, or another medical cannabis combination business;
(10) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
(11) package and label medical cannabis flower and medical cannabinoid products for
sale to cannabis businesses with a medical cannabis processor endorsement, cannabis
businesses with a medical cannabis retail endorsement, other medical cannabis combination
businesses, and persons in the registry program;
(12) package and label adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
(13) sell medical cannabis flower and medical cannabinoid products to new text begin other cannabis
businesses with a medical endorsement, other medical cannabis combination businesses,
and new text end patients enrolled in the registry program, registered designated caregivers, and parents,
legal guardians, and spouses of an enrolled patient;
(14) 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
(15) perform other actions approved by the office.
(d) A medical cannabis combination business is not required to obtain a medical cannabis
endorsement to perform any actions authorized under this section.
Sec. 33.
Minnesota Statutes 2024, section 342.515, subdivision 5, is amended to read:
Subd. 5.
Failure to participate; suspension or revocation of license.
new text begin
(a) A medical
cannabis combination business must provide a reliable, ongoing supply of medical
cannabinoid products to the registry program. Providing a reliable, ongoing supply includes
but is not limited to:
new text end
new text begin
(1) making the three most commonly purchased medical cannabinoid products available
for wholesale; and
new text end
new text begin
(2) if there is a shortage of medical cannabis flower or medical cannabinoid products,
maintaining a stock of the three most commonly purchased medical cannabinoid products
at the retail location of the medical cannabis combination business.
new text end
new text begin
(b) The requirements under paragraph (a), clauses (1) and (2), do not apply to medical
cannabis flower.
new text end
new text begin
(c) A medical cannabis combination business must prioritize serving medical patients
and caregivers before serving adult-use consumers.
new text end
new text begin (d) new text end The office may suspend or revoke A medical cannabis combination business license
if the office determines that the business is no longer actively participating in the medical
cannabis market. The office may, by rule, establish minimum requirements related to
cannabis cultivation, manufacturing of medical cannabinoid products, retail sales of medical
cannabis flower and medical cannabinoid products, and other relevant criteria to demonstrate
active participation in the medical cannabis market.
Sec. 34.
Minnesota Statutes 2024, section 342.52, is amended by adding a subdivision to
read:
new text begin Subd. 7a. new text end
new text begin Allowable delivery methods. new text end
new text begin
A patient in the registry program may receive
medical cannabis flower and medical cannabinoid products. The office may approve
additional delivery methods to expand the types of products that qualify as medical
cannabinoid products.
new text end
Sec. 35.
Minnesota Statutes 2024, section 342.52, subdivision 9, is amended to read:
Subd. 9.
Registered designated caregiver.
(a) The office must register a designated
caregiver for a patient if the patient requires assistance in administering medical cannabis
flower or medical cannabinoid products; obtaining medical cannabis flower, medical
cannabinoid products, or medical cannabis paraphernalia from a cannabis business with a
medical cannabis retail endorsement; or cultivating cannabis plants as permitted by section
342.09, subdivision 2.
(b) In order to serve as a designated caregiver, a person must:
(1) be at least 18 years of age;
(2) agree to only possess the patient's medical cannabis flower and medical cannabinoid
products for purposes of assisting the patient; and
(3) agree that if the application is approved, the person will not serve as a registered
designated caregiver for more than six registered patients at one time. Patients who reside
in the same residence count as one patient.
(c) Nothing in this section shall be construed to prevent a registered designated caregiver
from being enrolled in the registry program as a patient and possessing and administering
medical cannabis flower or medical cannabinoid products as a patient.
(d) Notwithstanding any law to the contrary, a registered designated caregiver approved
to assist a patient enrolled in the registry program with obtaining medical cannabis flower
may cultivate cannabis plants on behalf of one patient. A registered designated caregiver
may grow up to eight cannabis plants for the patient household that the registered designated
caregiver is approved to assist with obtaining medical cannabis flower. If a patient enrolled
in the registry program directs the patient's registered designated caregiver to cultivate
cannabis plants on behalf of the patient, the patient must assign the patient's right to cultivate
cannabis plants to the registered designated caregiver and deleted text begin thedeleted text end new text begin notify the office. Anew text end patient
new text begin who assigns the patient's right to cultivate cannabis plants to a registered caregiver new text end is
prohibited from cultivating cannabis plants for personal use. Nothing in this paragraph limits
the right of a registered designated caregiver cultivating cannabis plants on behalf of a
patient enrolled in the registry program to also cultivate cannabis plants for personal use
pursuant to section 342.09, subdivision 2.
Sec. 36.
Minnesota Statutes 2024, section 342.57, is amended to read:
342.57 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS.
Subdivision 1.
Presumption.
new text begin (a) new text end There is a presumption that deleted text begin a patient or other persondeleted text end new text begin
an individualnew text end enrolled in the registry program new text begin or a Tribal medical cannabis program patient
new text end is engaged in the authorized use or possession of medical cannabis flower and medical
cannabinoid products.
new text begin (b) new text end This presumption may be rebutted by evidence thatnew text begin :
new text end
new text begin (1)new text end the use or possession of medical cannabis flower or medical cannabinoid products
by a patient or other person enrolled in the registry program was not for the purpose of
assisting with, treating, or alleviating the patient's qualifying medical condition or symptoms
associated with the patient's qualifying medical conditiondeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) a Tribal medical cannabis program patient's use of medical cannabis was not for a
purpose authorized by the Tribal medical cannabis program.
new text end
Subd. 2.
Criminal and civil protections.
(a) Subject to section 342.56, the following
are not violations of this chapter or chapter 152:
(1) use or possession of medical cannabis flower, medical cannabinoid products, or
medical cannabis paraphernalia by a patient enrolled in the registry program deleted text begin or bydeleted text end new text begin ,new text end a visiting
patientnew text begin , or a Tribal medical cannabis program patientnew text end to whom medical cannabis flower or
medical cannabinoid products are distributed under section 342.51, subdivision 5;
(2) possession of medical cannabis flower, medical cannabinoid products, or medical
cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or
spouse of a patient enrolled in the registry program; or
(3) possession of medical cannabis flower, medical cannabinoid products, or medical
cannabis paraphernalia by any person while carrying out duties required under sections
342.51 to 342.60.
(b) The Office of Cannabis Management, members of the Cannabis Advisory Council,
Office of Cannabis Management employees, agents or contractors of the Office of Cannabis
Management, new text begin members of a Tribal medical cannabis board, a Tribal medical cannabis board's
staff, a Tribal medical cannabis board's agents or contractors, new text end and health care practitioners
participating in the registry program are not subject to any civil penalties or disciplinary
action by the Board of Medical Practice, the Board of Nursing, or any business, occupational,
or professional licensing board or entity solely for participating in the registry program new text begin or
a Tribal medical cannabis program new text end either in a professional capacity or as a patient. A
pharmacist licensed under chapter 151 is not subject to any civil penalties or disciplinary
action by the Board of Pharmacy when acting in accordance with sections 342.51 to 342.60
either in a professional capacity or as a patient. Nothing in this section prohibits a professional
licensing board from taking action in response to a violation of law.
(c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the
governor, or an employee of a state agency must 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 342.51 to 342.60.
(d) Federal, state, and local law enforcement authorities are prohibited from accessing
the registry except when acting pursuant to a valid search warrant. Notwithstanding section
13.09, a violation of this paragraph is a gross misdemeanor.
(e) Notwithstanding any law to the contrary, the office and employees of the office must
not release data or information about an individual contained in any report or document or
in the registry and must not release data or information obtained about a patient enrolled in
the registry program, except as provided in sections 342.51 to 342.60. Notwithstanding
section 13.09, a violation of this paragraph is a gross misdemeanor.
(f) No information contained in a report or document, contained in the registry, or
obtained from a patient under sections 342.51 to 342.60 new text begin or from a Tribal medical cannabis
program patient new text end may be admitted as evidence in a criminal proceeding, unless:
(1) the information is independently obtained; or
(2) admission of the information is sought in a criminal proceeding involving a criminal
violation of sections 342.51 to 342.60.
(g) Possession of a registry verification or an application for enrollment in the registry
programnew text begin and possession of a verification or its equivalent issued by a Tribal medical cannabis
program or application for enrollment in a Tribal medical cannabis program by a person
entitled to possess the verification or applicationnew text end :
(1) does not constitute probable cause or reasonable suspicion;
(2) must not be used to support a search of the person or property of the person with a
registry verification or application to enroll in the registry program; and
(3) must not subject the person or the property of the person to inspection by any
government agency.
new text begin
(h) A patient enrolled in the registry program or a Tribal medical cannabis program must
not be subject to any penalty or disciplinary action by an occupational or a professional
licensing board solely because:
new text end
new text begin
(1) the patient is enrolled in the registry program; or
new text end
new text begin
(2) the patient has a positive test for cannabis components or metabolites.
new text end
Subd. 3.
School enrollment; rental property.
(a) No school may refuse to enroll or
otherwise penalize a patient or person enrolled in the registry program as a pupil solely
because the patient or person is enrolled in the registry programnew text begin or a Tribal medical cannabis
programnew text end , unless failing to do so would violate federal law or regulations or cause the school
to lose a monetary or licensing-related benefit under federal law or regulations.
(b) No landlord may refuse to lease to a patient or person enrolled in the registry program
or otherwise penalize a patient or person enrolled in the registry program solely because
the patient or person is enrolled in the registry programnew text begin or a Tribal medical cannabis programnew text end ,
unless failing to do so would violate federal law or regulations or cause the landlord to lose
a monetary or licensing-related benefit under federal law or regulations.
new text begin
(c) A school must not refuse to enroll a patient as a pupil solely because cannabis is a
controlled substance according to the Uniform Controlled Substances Act, United States
Code, title 21, section 812.
new text end
new text begin
(d) A school must not penalize a pupil who is a patient solely because cannabis is a
controlled substance according to the Uniform Controlled Substances Act, United States
Code, title 21, section 812.
new text end
new text begin
(e) A landlord must not refuse to lease a property to a patient solely because cannabis
is a controlled substance according to the Uniform Controlled Substances Act, United States
Code, title 21, section 812.
new text end
new text begin
(f) A landlord must not otherwise penalize a patient solely because cannabis is a controlled
substance according to the Uniform Controlled Substances Act, United States Code, title
21, section 812.
new text end
Subd. 4.
Medical care.
For purposes of medical care, including organ transplants, a
patient's use of medical cannabis flower or medical cannabinoid products according to
sections 342.51 to 342.60new text begin , or a Tribal medical cannabis program patient's use of medical
cannabis as authorized by the Tribal medical cannabis program,new text end is considered the equivalent
of the authorized use of a medication used at the discretion of a health care practitioner and
does not disqualify a patient from needed medical care.
Subd. 5.
Employment.
(a) Unless a failure to do so would violate federal or state law
or regulations or cause an employer to lose a monetary or licensing-related benefit under
federal law or 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 on:
(1) the person's status as deleted text begin a patient or persondeleted text end new text begin an individualnew text end enrolled in the registry program;
deleted text begin or
deleted text end
new text begin
(2) the person's status as a Tribal medical cannabis program patient; or
new text end
deleted text begin (2)deleted text end new text begin (3)new text end a patient's positive drug test for cannabis components or metabolites, unless the
patient used, possessed, sold, transported, or was impaired by medical cannabis flower or
a medical cannabinoid product on work premises, during working hours, or while operating
an employer's machinery, vehicle, or equipment.
(b) An employee who is a patient new text begin in the registry program or a Tribal medical cannabis
program new text end and whose employer requires the employee to undergo drug testing according to
section 181.953 may present the employee's registry verification new text begin or verification of enrollment
in a Tribal medical cannabis program new text end as part of the employee's explanation under section
181.953, subdivision 6.
new text begin Subd. 5a. new text end
new text begin Notice. new text end
new text begin
An employer, a school, or a landlord must provide written notice to
a patient at least 14 days before the employer, school, or landlord takes an action against
the patient that is prohibited under subdivision 3 or 5. The written notice must cite the
specific federal law or regulation that the employer, school, or landlord believes would be
violated if the employer, school, or landlord fails to take action. The notice must specify
what monetary or licensing-related benefit under federal law or regulations that the employer,
school, or landlord would lose if the employer, school, or landlord fails to take action.
new text end
Subd. 6.
Custody; visitation; parenting time.
A person must not be denied custody of
a minor child or visitation rights or parenting time with a minor child based solely on the
person's status as deleted text begin a patient or persondeleted text end new text begin an individualnew text end enrolled in the registry programnew text begin or on
the person's status as a Tribal medical cannabis program patientnew text end . There must be no
presumption of neglect or child endangerment for conduct allowed under sections 342.51
to 342.60new text begin or under a Tribal medical cannabis programnew text end , unless the person's behavior creates
an unreasonable danger to the safety of the minor as established by clear and convincing
evidence.
new text begin Subd. 6a. new text end
new text begin Retaliation prohibited. new text end
new text begin
A school, a landlord, a health care facility, or an
employer must not retaliate against a patient for asserting the patient's rights or seeking
remedies under this section or section 152.32.
new text end
Subd. 7.
Action for damagesnew text begin ; injunctive reliefnew text end .
In addition to any other remedy provided
by law, deleted text begin a patient or persondeleted text end new text begin an individualnew text end enrolled in the registry program new text begin or a Tribal medical
cannabis program new text end may bring an action for damages against any person who violates
subdivision 3, 4, or 5. A person who violates subdivision 3, 4, or 5 is liable to deleted text begin a patient or
persondeleted text end new text begin an individualnew text end enrolled in the registry program new text begin or a Tribal medical cannabis program
new text end injured by the violation for the greater of the person's actual damages or a civil penalty of
deleted text begin $100deleted text end new text begin $1,000new text end and reasonable attorney fees.new text begin A patient may bring an action for injunctive relief
to prevent or end a violation of subdivisions 3 to 6a.
new text end
Subd. 8.
Sanctions restricted for those on parole, supervised release, or conditional
release.
(a) This subdivision applies to an individual placed on parole, supervised release,
or conditional release.
(b) The commissioner of corrections may not:
(1) prohibit an individual from participating in the registry program new text begin or a Tribal medical
cannabis program new text end as a condition of release; or
(2) revoke an individual's parole, supervised release, or conditional release or otherwise
sanction an individual solely:
(i) for participating in the registry programnew text begin or a Tribal medical cannabis programnew text end ; or
(ii) for a positive drug test for cannabis components or metabolites.
Sec. 37.
Minnesota Statutes 2024, section 342.59, subdivision 2, is amended to read:
Subd. 2.
Allowable use; prohibited use.
Data specified in subdivision 1 may be used
to comply with chapter 13, to comply with a request from the legislative auditor or the state
auditor in the performance of official duties, and for purposes specified in sections deleted text begin 342.47deleted text end
new text begin 342.51 new text end to 342.60. Data specified in subdivision 1 and maintained by the Office of Cannabis
Management or Division of Medical Cannabis must not be used for any purpose not specified
in sections deleted text begin 342.47deleted text end new text begin 342.51 new text end to 342.60 and must not be combined or linked in any manner
with any other list, dataset, or database. Data specified in subdivision 1 must not be shared
with any federal agency, federal department, or federal entity unless specifically ordered
to do so by a state or federal court.
Sec. 38. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, sections 152.22, subdivision 2; and 342.151, subdivision 1,
new text end
new text begin
are repealed.
new text end
ARTICLE 2
CANNABIS BUSINESS LICENSING AND OPERATIONS
Section 1.
Minnesota Statutes 2024, section 342.12, is amended to read:
342.12 LICENSES; TRANSFERS; ADJUSTMENTS.
(a) Licenses issued under this chapter that are available to all applicants pursuant to
section 342.14, subdivision 1b, paragraph (c), may be freely transferred subject to the prior
written approval of the office unless the license holder has not received a final site inspection
or the license holder is a social equity applicant.
(b) Licenses issued as social equity licenses pursuant to either section 342.14, subdivision
1b, paragraph (b), or section 342.175, paragraph (b), may only be transferred to another
social equity applicant for three years after the date on which the office issues the license.
Three years after the date of issuance, a license holder may transfer a license to any entity.
Transfer of a license that was issued as a social equity license must be reviewed by the
Division of Social Equity and is subject to the prior written approval of the office.
(c) new text begin Preliminary new text end license deleted text begin preapprovaldeleted text end new text begin approvalnew text end issued pursuant to section deleted text begin 342.125deleted text end new text begin 342.14,
subdivision 5, new text end may not be transferred.
(d) A new license must be obtained when:
(1) the form of the licensee's legal business structure converts or changes to a different
type of legal business structure; or
(2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency,
or receivership proceedings; merges with another legal organization; or assigns all or
substantially all of its assets for the benefit of creditors.
(e) Licenses must be renewed annually.
(f) License holders may petition the office to adjust the tier of a license issued within a
license category if the license holder meets all applicable requirements.
(g) The office by rule may permit the relocation of a licensed cannabis business; permit
the relocation of an approved operational location, including a cultivation, manufacturing,
processing, or retail location; 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.
Sec. 2.
Minnesota Statutes 2024, section 342.14, subdivision 1, is amended to read:
Subdivision 1.
Application; contents.
(a) The office shall establish procedures for the
processing of cannabis licenses issued under this chapter. At a minimum, any application
to obtain or renew a cannabis license shall include the following information, if applicable:
(1) the name, address, and date of birth of the applicant;
(2) the disclosure of ownership and control required under paragraph (b);
(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;
(4) the address and legal property description of the business, if applicable, except an
applicant is not required to secure a physical premises for the business at the time of
application;
(5) a general description of the location or locations that the applicant plans to operate,
including the planned square feet of space for cultivation, wholesaling, and retailing, as
applicable;
(6) a copy of the security plan, including security monitoring, security equipment, and
facility maps if applicable, except an applicant is not required to secure a physical premises
for the business at the time of application;
(7) proof of trade name registration;
(8) 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;
(9) standard operating procedures for:
(i) quality assurance;
(ii) inventory control, storage, and diversion prevention; and
(iii) accounting and tax compliance;
(10) an attestation signed by a bona fide labor organization stating that the applicant has
entered into a labor peace agreement;
(11) a description of any training and education that the applicant will provide to
employees of the business;
(12) a disclosure of any violation of a license agreement or a federal, state, or local law
or regulation committed by the applicant or any true party of interest in the applicant's
business that is relevant to business and working conditions;
(13) certification that the applicant will comply with the requirements of this chapter;
(14) identification of one or more controlling persons or managerial employees as agents
who shall be responsible for dealing with the office on all matters;
(15) a statement that the applicant agrees to respond to the office's supplemental requests
for information; deleted text begin and
deleted text end
(16) a release of information for the applicant and every true party of interest in the
applicant's business license for the office to perform the background checks required under
section 342.15deleted text begin .deleted text end new text begin ;
new text end
new text begin
(17) proof that the applicant is a social equity applicant; and
new text end
new text begin
(18) an attestation that the applicant's business policies governing business operations
comply with this chapter.
new text end
(b) An applicant must file and update as necessary a disclosure of ownership and control
identifying any true party of interest as defined in section 342.185, subdivision 1, paragraph
(g). The office shall establish the contents of the disclosure. Except as provided in paragraph
deleted text begin (f)deleted text end new text begin (d)new text end , the disclosure shall, at a minimum, include the following:
(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;
(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;
(3) if the applicant is a corporation, copies of the applicant's articles of incorporation
and bylaws and any amendments to the applicant's articles of incorporation or bylaws;
(4) copies of any partnership agreement, operating agreement, or shareholder agreement;
(5) copies of any promissory notes, security instruments, or other similar agreements;
(6) an explanation detailing the funding sources used to finance the business;
(7) a list of operating and investment accounts for the business, including any applicable
financial institution and account number; and
(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.
deleted text begin
(c) An application may include:
deleted text end
deleted text begin
(1) proof that the applicant is a social equity applicant;
deleted text end
deleted text begin
(2) a description of the training and education that will be provided to any employee;
or
deleted text end
deleted text begin
(3) a copy of business policies governing operations to ensure compliance with this
chapter.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end 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.
deleted 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.
deleted text end
deleted text begin (f)deleted text end new text begin (d)new text end The office may establish exceptions to the disclosures required under paragraph
(b) for members of a cooperative who hold less than a five percent ownership interest in
the cooperative.
Sec. 3.
Minnesota Statutes 2024, section 342.14, subdivision 3, is amended to read:
Subd. 3.
Review.
(a) After an applicant submits an application that contains all required
information and pays the applicable deleted text begin licensingdeleted text end new text begin applicationnew text end fee, the office must review the
application.
(b) The office may deny an application if:
(1) the application is incomplete;
(2) the application contains a materially false statement about the applicant or omits
information required under subdivision 1;
(3) the applicant does not meet the qualifications under section 342.16;
(4) the applicant is prohibited from holding the license under section 342.18, subdivision
2;
(5) the application does not meet the minimum requirements under section 342.18,
subdivision 3;
(6) the applicant fails to pay the applicable application fee;
(7) the application was not submitted by the application deadline;
(8) the applicant submitted more than one application for a license type; or
(9) the office determines that the applicant would be prohibited from holding a license
for any other reason.
(c) If the office denies an application, the office must notify the applicant of the denial
and the basis for the denial.
(d) The office may request additional information from any applicant if the office
determines that the information is necessary to review or process the application. If the
applicant does not provide the additional requested information within 14 calendar days of
the office's request for information, the office may deny the application.
(e) An applicant whose application is not denied under this subdivision is a qualified
applicant.
Sec. 4.
Minnesota Statutes 2024, section 342.14, subdivision 6, is amended to read:
Subd. 6.
Completed application; final authorization; issuance of license.
(a) Within
18 months of receiving notice of preliminary license approval, an applicant must provide:
(1) the address and legal property description of the location where the business will
operate;
(2) the name of the local unit of government where the business will be located; and
(3) if applicable, an updated description of the location where the business will operate,
an updated security plan, and any other additional information required by the office.
(b) Upon receipt of the information required under paragraph (a) from an applicant that
has received preliminary license approval, the office must:
(1) 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;
(2) schedule a site inspection; and
(3) require the applicant to pay the applicable license fee.
(c) The office may deny final authorization if:
(1) an applicant fails to submit any required information;
(2) the applicant submits a materially false statement about the applicant or fails to
provide any required information;
(3) the office confirms that the cannabis business for which the office granted a
new text begin preliminary new text end license deleted text begin preapprovaldeleted text end new text begin approvalnew text end does not meet local zoning and land use laws;
(4) the applicant fails to pay the applicable license fee; or
(5) the office determines that the applicant is disqualified from holding the license or
would operate in violation of the provisions of this chapter.
(d) Within 90 days of receiving the information required under paragraph (a) and the
results of any required background check, the office shall grant final authorization and issue
the appropriate license or send the applicant a notice of rejection setting forth specific
reasons that the office did not approve the application.
Sec. 5.
Minnesota Statutes 2024, section 342.151, subdivision 2, is amended to read:
Subd. 2.
Criminal history check.
A deleted text begin license holderdeleted text end new text begin cannabis businessnew text end may employ or
contract with as many unlicensed individuals as may be necessary, provided that the deleted text begin license
holderdeleted text end new text begin cannabis businessnew text end is at all times accountable for the good conduct of every individual
employed by or contracted with the deleted text begin license holderdeleted text end new text begin cannabis businessnew text end . Before hiring an
individual as a cannabis worker, the deleted text begin license holderdeleted text end new text begin cannabis businessnew text end must submit to the
Bureau of Criminal Apprehension the individual's full set of fingerprints and written consent
for the bureau to conduct a state and national criminal history check. The bureau may
exchange an individual's fingerprints with the Federal Bureau of Investigation. The Bureau
of Criminal Apprehension must determine whether the individual is qualified to be employed
as a cannabis worker and must notify the deleted text begin license holderdeleted text end new text begin cannabis business new text end of the bureau's
determination. The deleted text begin license holderdeleted text end new text begin cannabis businessnew text end must not employ an individual who is
disqualified from being employed as a cannabis worker.
Sec. 6.
Minnesota Statutes 2024, section 342.151, subdivision 3, is amended to read:
Subd. 3.
Disqualification.
(a) A deleted text begin license holderdeleted text end new text begin cannabis businessnew text end must not employ an
individual as a cannabis worker if the individual has been convicted of any of the following
crimes that would constitute a felony:
(1) human trafficking;
(2) noncannabis controlled substance crimes in the first or second degree;
(3) labor trafficking;
(4) fraud;
(5) embezzlement;
(6) extortion;
(7) money laundering; or
(8) insider trading;
if committed in this state or any other jurisdiction for which a full pardon or similar relief
has not been granted.
(b) A deleted text begin license holderdeleted text end new text begin cannabis businessnew text end must not employ an individual as a cannabis
worker if the individual made any false statement in an application for employment.
Sec. 7.
Minnesota Statutes 2024, section 342.17, is amended to read:
342.17 SOCIAL EQUITY APPLICANTS.
(a) An applicant qualifies as a social equity applicant if the applicant:
(1) new text begin was found delinquent for, received a stay of adjudication for, or new text end was convicted of
an offense involving the possession or sale of cannabis or marijuana prior to May 1, 2023;
(2) had a parent, guardian, child, spouse, or dependent who was convicted of an offense
involving the possession or sale of cannabis or marijuana prior to May 1, 2023;
(3) was a dependent of an individual who was convicted of an offense involving the
possession or sale of cannabis or marijuana prior to May 1, 2023;
(4) is a military veteran, including a service-disabled veteran, current or former member
of the national guard;
(5) is a military veteran or current or former member of the national guard who lost
honorable status due to an offense involving the possession or sale of cannabis or marijuana;
(6) has been a resident for the last five years of one or more subareas, such as census
tracts or neighborhoods:
(i) 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),
or another report based on federal or state data on arrests or convictions;
(ii) where the poverty rate was 20 percent or more;
(iii) where the median family income did not exceed 80 percent of the 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;
(iv) where at least 20 percent of the households receive assistance through the
Supplemental Nutrition Assistance Program; or
(v) where the population has a high level of vulnerability according to the Centers for
Disease Control and Prevention and Agency for Toxic Substances and Disease Registry
(CDC/ATSDR) Social Vulnerability Index; or
(7) has participated in the business operation of a farm for at least three years and
currently provides the majority of the day-to-day physical labor and management of a farm
that had gross farm sales of at least $5,000 but not more than $100,000 in the previous year.
(b) The qualifications described in paragraph (a) apply to each individual applicant or,
in the case of a business entity, apply to at least deleted text begin 65deleted text end new text begin 51new text end percent of the controlling ownership
of the business entity.
new text begin EFFECTIVE DATE. new text end
new text begin
The amendment to paragraph (a), clause (1), is effective August
1, 2025. The amendment to paragraph (b) is effective July 1, 2026.
new text end
Sec. 8.
Minnesota Statutes 2024, section 342.22, subdivision 3, is amended to read:
Subd. 3.
Issuance of registration.
(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
combination business operating a retail location, or lower-potency hemp edible retailer that:
(1) has a valid license or new text begin preliminary new text end license deleted text begin preapprovaldeleted text end new text begin approvalnew text end issued by the office;
(2) has paid the registration fee or renewal fee pursuant to subdivision 2;
(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
(4) if applicable, is current on all property taxes and assessments at the location where
the retail establishment is located.
(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 any applicable local ordinance established pursuant to section 342.13.
(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.
(d) A retail registration issued under this section may not be transferred.
Sec. 9.
Minnesota Statutes 2024, section 342.28, subdivision 1, is amended to read:
Subdivision 1.
Authorized actions.
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:
(1) grow cannabis plants from seed or immature plant to mature plant and harvest
cannabis flower from a mature plant;
(2) make cannabis concentrate;
(3) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
(4) manufacture artificially derived cannabinoids;
(5) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
(6) purchase immature cannabis plants and seedlings deleted text begin anddeleted text end new text begin ,new text end cannabis flowernew text begin , cannabis
products, lower-potency hemp edibles, and hemp-derived consumer productsnew text end from another
cannabis microbusiness, a cannabis mezzobusiness, new text begin a cannabis cultivator, new text end a cannabis
manufacturer, deleted text begin ordeleted text end a cannabis wholesalernew text begin , a lower-potency hemp edible manufacturer, or a
lower-potency hemp edible wholesalernew text end ;
(7) purchase hemp plant parts and propagules from an industrial hemp grower licensed
under chapter 18K;
(8) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
(9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids
from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer,
or a cannabis wholesaler for use in manufacturing adult-use cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products;
(10) package and label adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
(11) 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;
(12) operate an establishment that permits on-site consumption of edible cannabis
products and lower-potency hemp edibles; and
(13) perform other actions approved by the office.
Sec. 10.
Minnesota Statutes 2024, section 342.28, subdivision 8, is amended to read:
Subd. 8.
Production of deleted text begin customerdeleted text end new text begin consumernew text end products endorsement.
A cannabis
microbusiness that manufactures 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.
Sec. 11.
Minnesota Statutes 2024, section 342.29, subdivision 1, is amended to read:
Subdivision 1.
Authorized actions.
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:
(1) grow cannabis plants from seed or immature plant to mature plant and harvest
cannabis flower from a mature plant for use as adult-use cannabis flower or for use in
adult-use cannabis products;
(2) grow cannabis plants from seed or immature plant to mature plant and harvest
cannabis flower from a mature plant for use as medical cannabis flower or for use in medical
cannabinoid products;
(3) make cannabis concentrate;
(4) make hemp concentrate, including hemp concentrate with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
(5) manufacture artificially derived cannabinoids;
(6) manufacture adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for public consumption;
(7) process medical cannabinoid products;
(8) purchase immature cannabis plants and seedlings deleted text begin anddeleted text end new text begin ,new text end cannabis flowernew text begin , cannabis
products, lower-potency hemp edibles, and hemp-derived consumer productsnew text end from a cannabis
microbusiness, another cannabis mezzobusiness, new text begin a cannabis cultivator, new text end a cannabis
manufacturer, deleted text begin ordeleted text end a cannabis wholesalernew text begin , a lower-potency hemp edible manufacturer, or a
lower-potency hemp edible wholesalernew text end ;
(9) purchase cannabis concentrate, hemp concentrate, and deleted text begin syntheticallydeleted text end new text begin artificiallynew text end derived
cannabinoids from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis
manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products;
(10) purchase hemp plant parts and propagules from a licensed hemp grower licensed
under chapter 18K;
(11) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
(12) package and label adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
(13) 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
(14) perform other actions approved by the office.
Sec. 12.
Minnesota Statutes 2024, section 342.29, subdivision 7, is amended to read:
Subd. 7.
Production of deleted text begin customerdeleted text end new text begin consumernew text end products endorsement.
A cannabis
mezzobusiness that manufactures 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.
Sec. 13.
Minnesota Statutes 2024, section 342.30, subdivision 1, is amended to read:
Subdivision 1.
Authorized actions.
A cannabis cultivator license entitles the license
holder tonew text begin :
new text end
new text begin (1)new text end grow cannabis plants within the approved amount of space from seed or immature
plant to mature plantdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end harvest cannabis flower from a mature plantdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end package and label immature cannabis plants and seedlings and cannabis flower for
sale to other cannabis businessesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(4) sell immature cannabis plants and seedlings and cannabis flower to other cannabis
businesses;
new text end
new text begin (5)new text end transport cannabis flower to a cannabis manufacturer located on the same premisesdeleted text begin ,deleted text end new text begin ;new text end
and
new text begin (6)new text end perform other actions approved by the office.
Sec. 14.
Minnesota Statutes 2024, section 342.32, subdivision 1, is amended to read:
Subdivision 1.
Authorized actions.
A cannabis retailer license entitles the license holder
to:
(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,
and cannabis wholesalers;
(2) purchase lower-potency hemp edibles from a licensed lower-potency hemp edible
manufacturernew text begin or lower-potency hemp edible wholesalernew text end ;
(3) 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
(4) perform other actions approved by the office.
Sec. 15.
Minnesota Statutes 2024, section 342.32, subdivision 4, is amended to read:
Subd. 4.
Multiple licenses; limits.
(a) A person, cooperative, or business holding a
cannabis retailer license may also hold a cannabis delivery service license and a cannabis
event organizer license.
(b) Except as provided in paragraph (a)new text begin and subdivision 5new text end , no person, cooperative, or
business holding a cannabis retailer license may own or operate any other cannabis business
or hemp business.
(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.
(d) The office by rule may limit the number of cannabis retailer licenses a person,
cooperative, or business may hold.
(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.
Sec. 16.
Minnesota Statutes 2024, section 342.32, subdivision 5, is amended to read:
Subd. 5.
Municipal or county cannabis store.
A city or county may establish, own,
and operate a municipal cannabis store subject to the restrictions in this chapter.new text begin
Notwithstanding any law to the contrary, a city or county that establishes, owns, or operates
a municipal cannabis store may also hold a lower-potency hemp edible retailer license.
new text end
Sec. 17.
Minnesota Statutes 2024, section 342.33, subdivision 1, is amended to read:
Subdivision 1.
Authorized actions.
A cannabis wholesaler license entitles the license
holder to:
(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,
and deleted text begin cannabis microbusinessesdeleted text end new text begin lower-potency hemp edible manufacturersnew text end ;
(2) purchase hemp plant parts and propagules from industrial hemp growers licensed
under chapter 18K;
(3) purchase hemp concentrate from an industrial hemp processor licensed under chapter
18K;
(4) 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;
(5) sell lower-potency hemp edibles to lower-potency hemp edible retailers;
(6) import hemp-derived consumer products and lower-potency hemp edibles that contain
hemp concentrate or artificially derived cannabinoids that are derived from hemp plants or
hemp plant parts; and
(7) perform other actions approved by the office.
Sec. 18.
Minnesota Statutes 2024, section 342.36, subdivision 6, is amended to read:
Subd. 6.
Multiple employeesnew text begin ; secured vehicles; delivery routesnew text end .
All cannabis transporter
vehicles transporting immature cannabis plants and seedlings, cannabis flower, cannabis
products, artificially derived cannabinoids, hemp plant parts, hemp concentrate,
lower-potency hemp edibles, or hemp-derived consumer products must be deleted text begin staffed with a
minimum of two employeesdeleted text end new text begin (1) secured by turning off the ignition, locking all doors and
storage compartments, and removing the operating keys or device, or (2) attended by a
cannabis transporter employee at all timesnew text end . new text begin If there are multiple team members staffing an
unsecured transport vehicle, new text end at least one delivery team member shall remain with the motor
vehicle at all times that the motor vehicle contains immature cannabis plants and seedlings,
cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts,
hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products.new text begin A
cannabis transporter must not be required to randomize delivery times and routes or staff
cannabis transport vehicles with multiple employees.
new text end
Sec. 19.
Minnesota Statutes 2024, section 342.37, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Cannabis testing facility licenses. new text end
new text begin
(a) Pending an applicant's accreditation
by a laboratory accrediting organization approved by the office, the office may issue or
renew a cannabis testing facility license for an applicant that is a person, cooperative, or
business if the applicant:
new text end
new text begin
(1) submits documentation to the office demonstrating that the applicant has a signed
contract with a laboratory accreditation organization approved by the office, has scheduled
an audit, and is making progress toward accreditation by a laboratory accrediting organization
approved by the office according to the standards of the most recent edition of ISO/IEC
17025: General Requirements for the Competence of Testing and Calibration Laboratories;
new text end
new text begin
(2) passes a final site inspection conducted by the office; and
new text end
new text begin
(3) meets all other licensing requirements according to chapter 342 and Minnesota Rules.
new text end
new text begin
(b) After receiving a license under this section, a license holder may operate a cannabis
testing facility up to one year with pending accreditation status.
new text end
new text begin
(c) If after one year a license holder continues to have pending accreditation status, the
license holder may apply for a onetime extension to continue operations for up to six months.
The office may grant an extension under this paragraph to a license holder if the license
holder:
new text end
new text begin
(1) passes a follow-up site inspection conducted by the office;
new text end
new text begin
(2) submits an initial audit report from a laboratory accrediting organization approved
by the office; and
new text end
new text begin
(3) submits any additional information requested by the office.
new text end
new text begin
(d) The office may revoke a cannabis testing facility license held by a license holder
with pending accreditation status if the office determines or has reason to believe that the
license holder:
new text end
new text begin
(1) is not making progress toward accreditation; or
new text end
new text begin
(2) has violated a cannabis testing requirement, an ownership requirement, or an
operational requirement in chapter 342 or Minnesota Rules.
new text end
new text begin
(e) The office must not issue or renew a cannabis testing facility license under this
subdivision for a license holder if the license holder's accreditation has been suspended or
revoked by a laboratory accrediting organization.
new text end
Sec. 20.
Minnesota Statutes 2024, section 342.37, is amended by adding a subdivision to
read:
new text begin Subd. 2b. new text end
new text begin Loss of accreditation. new text end
new text begin
(a) A license holder must report loss of accreditation
to the office within 24 hours of receiving notice of the loss of accreditation.
new text end
new text begin
(b) The office must immediately revoke a license holder's license upon receiving notice
that the license holder has lost accreditation.
new text end
Sec. 21.
Minnesota Statutes 2024, section 342.43, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Exception; municipal or county licenses. new text end
new text begin
Notwithstanding any law to the
contrary, a city or county that establishes, owns, or operates a municipal cannabis store may
also hold a lower-potency hemp edible retailer license.
new text end
Sec. 22.
Minnesota Statutes 2024, section 342.61, subdivision 4, is amended to read:
Subd. 4.
Testing of samples; disclosures.
(a) On a schedule determined by the office,
every cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis
manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency
hemp edible manufacturer, or medical cannabis combination business shall make each batch
of cannabis flower, cannabis products, artificially derived cannabinoids, lower-potency
hemp edibles, or hemp-derived consumer products grown, manufactured, or imported by
the cannabis business or hemp business available to a cannabis testing facility.
(b) A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis
manufacturer, cannabis wholesaler with an endorsement to import products, lower-potency
hemp edible manufacturer, or medical cannabis combination business must disclose all
known information regarding pesticides, fertilizers, solvents, or other foreign materials,
including but not limited to catalysts used in creating artificially derived cannabinoids,
applied or added to the batch of cannabis flower, cannabis products, artificially derived
cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products subject to
testing. Disclosure must be made to the cannabis testing facility and must include information
about all applications by any person, whether intentional or accidental.
(c) deleted text begin Thedeleted text end new text begin Anew text end cannabis deleted text begin testing facilitydeleted text end new text begin businessnew text end shall select one or more representative
samples from each batch, test the samples for the presence of contaminants, and test the
samples for potency and homogeneity and to allow the cannabis flower, cannabis product,
artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer
product to be accurately labeled with its cannabinoid profile. Testing for contaminants must
include testing for residual solvents, foreign material, microbiological contaminants, heavy
metals, pesticide residue, mycotoxins, and any items identified pursuant to paragraph (b),
and may include testing for other contaminants. A cannabis testing facility must destroy or
return to the cannabis business or hemp business any part of the sample that remains after
testing.
Sec. 23.
Minnesota Statutes 2024, section 342.63, subdivision 2, is amended to read:
Subd. 2.
Content of label; cannabis.
All cannabis flower and hemp-derived consumer
products that consist of hemp plant parts sold to customers or patients must have affixed
on the packaging or container of the cannabis flower or hemp-derived consumer product a
label that contains at least the following information:
(1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness,
cannabis cultivator, medical cannabis combination business, or industrial hemp grower
where the cannabis flower or hemp plant part was cultivated;
(2) the net weight deleted text begin or volumedeleted text end of cannabis flower or hemp plant parts in the package or
container;
(3) the batch number;
(4) the cannabinoid profile;
(5) a universal symbol established by the office indicating that the package or container
contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a
hemp-derived consumer product;
(6) verification that the cannabis flower or hemp plant part was tested according to
section 342.61 and that the cannabis flower or hemp plant part complies with the applicable
standards;
(7) information on the usage of the cannabis flower or hemp-derived consumer product;
(8) the following statement: "Keep this product out of reach of children."; and
(9) any other statements or information required by the office.
Sec. 24.
Minnesota Statutes 2024, section 342.63, subdivision 3, is amended to read:
Subd. 3.
Content of label; cannabinoid products.
(a) All cannabis products,
lower-potency hemp edibles, new text begin hemp concentrate, new text end hemp-derived consumer products other
than products subject to the requirements under subdivision 2, medical cannabinoid products,
and hemp-derived topical products sold to customers or patients must have affixed to the
packaging or container of the cannabis product a label that contains at least the following
information:
(1) the name and license number of the cannabis microbusiness, cannabis mezzobusiness,
cannabis cultivator, medical cannabis combination business, or industrial hemp grower that
cultivated the cannabis flower or hemp plant parts used in the cannabis product,
lower-potency hemp edible, hemp-derived consumer product, or medical cannabinoid
product;
(2) the name and license number of the cannabis microbusiness, cannabis mezzobusiness,
cannabis manufacturer, lower-potency hemp edible manufacturer, medical cannabis
combination business, or industrial hemp grower that manufactured the cannabis concentrate,
hemp concentrate, or artificially derived cannabinoid and, if different, the name and license
number of the cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer,
lower-potency hemp edible manufacturer, or medical cannabis combination business that
manufactured the product;
(3) the net weight deleted text begin or volumedeleted text end of the cannabis product, lower-potency hemp edible, or
hemp-derived consumer product in the package or container;
(4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer
product;
(5) the batch number;
(6) the serving size;
(7) the cannabinoid profile per serving and in total;
(8) a list of ingredients;
(9) a universal symbol established by the office indicating that the package or container
contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a
hemp-derived consumer product;
(10) a warning symbol developed by the office in consultation with the commissioner
of health and the Minnesota Poison Control System that:
(i) is at least three-quarters of an inch tall and six-tenths of an inch wide;
(ii) is in a highly visible color;
(iii) includes a visual element that is commonly understood to mean a person should
stop;
(iv) indicates that the product is not for children; and
(v) includes the phone number of the Minnesota Poison Control System;
(11) verification that the cannabis product, lower-potency hemp edible, hemp-derived
consumer product, or medical cannabinoid product was tested according to section 342.61
and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product,
or medical cannabinoid product complies with the applicable standards;
(12) information on the usage of the product;
(13) the following statement: "Keep this product out of reach of children."; and
(14) any other statements or information required by the office.
(b) The office may by rule establish alternative labeling requirements for lower-potency
hemp edibles that are imported into the state if those requirements provide consumers with
information that is substantially similar to the information described in paragraph (a).
Sec. 25.
Minnesota Statutes 2024, section 342.63, subdivision 6, is amended to read:
Subd. 6.
Additional information.
(a) A cannabis microbusiness, cannabis mezzobusiness,
cannabis retailer, or medical cannabis combination business must provide customers and
patients with the following information:
(1) factual information about impairment effects and the expected timing of impairment
effects, side effects, adverse effects, and health risks of cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products;
(2) a statement that customers and patients must not operate a motor vehicle or heavy
machinery while under the influence of cannabis flower, cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products;
(3) resources customers and patients may consult to answer questions about cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products, and any side effects and adverse effects;
(4) contact information for the poison control center and a safety hotline or website for
customers to report and obtain advice about side effects and adverse effects of cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products;
(5) substance use disorder treatment options; and
(6) any other information specified by the office.
(b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical
cannabis combination business may include the information described in paragraph (a) new text begin by:
new text end
new text begin (1) including the information new text end on the label affixed to the packaging or container of cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products
deleted text begin by:deleted text end new text begin ;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end posting the information in the premises of the cannabis microbusiness, cannabis
mezzobusiness, cannabis retailer, or medical cannabis combination business; or
deleted text begin (2)deleted text end new text begin (3)new text end providing the information on a separate document or pamphlet provided to
customers or patients when the customer purchases cannabis flower, a cannabis product, a
lower-potency hemp edible, or a hemp-derived consumer product.
Sec. 26. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 342.36, subdivision 5,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
HEMP BUSINESS REGULATIONS
Section 1.
Minnesota Statutes 2024, section 151.72, subdivision 3, is amended to read:
Subd. 3.
Sale of cannabinoids derived from hemp.
(a) Notwithstanding any other
section of this chapter, a product containing nonintoxicating cannabinoids, including an
edible cannabinoid product, may be sold for human or animal consumption only if all of
the requirements of this section are met. A product sold for human or animal consumption
must not contain more than 0.3 percent of any tetrahydrocannabinol and an edible
cannabinoid product must not contain an amount of any tetrahydrocannabinol that exceeds
the limits established in subdivision 5a, paragraph (f).
(b) A product containing nonintoxicating cannabinoids, other than an edible cannabinoid
product, may be sold for human or animal consumption only if it is intended for application
externally to a part of the body of a human or animal. Such a product must not be
manufactured, marketed, distributed, or intended to be consumed:
(1) by combustion or vaporization of the product and inhalation of smoke, aerosol, or
vapor from the product;
(2) through chewing, drinking, or swallowing; or
(3) through injection or application to new text begin nonintact skin or new text end a mucous membrane deleted text begin or nonintact
skindeleted text end new text begin , except for products applied sublinguallynew text end .
(c) No other substance extracted or otherwise derived from hemp may be sold for human
consumption if the substance is intended:
(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or other animals; or
(2) to affect the structure or any function of the bodies of humans or other animals.
(d) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise
derived from hemp may be sold to any individual who is under the age of 21.
(e) Products that meet the requirements of this section are not controlled substances
under section 152.02.
(f) Products may be sold for on-site consumption if all of the following conditions are
met:
(1) the retailer must also hold an on-sale license issued under chapter 340A;
(2) products, other than products that are intended to be consumed as a beverage, must
be served in original packaging, but may be removed from the products' packaging by
customers and consumed on site;
(3) products must not be sold to a customer who the retailer knows or reasonably should
know is intoxicated;
(4) products must not be permitted to be mixed with an alcoholic beverage; and
(5) products that have been removed from packaging must not be removed from the
premises.
(g) Edible cannabinoid products that are intended to be consumed as a beverage may be
served outside of the products' packaging if the information that is required to be contained
on the label of an edible cannabinoid product is posted or otherwise displayed by the retailer.
Sec. 2.
Minnesota Statutes 2024, section 151.72, subdivision 5a, is amended to read:
Subd. 5a.
Additional requirements for edible cannabinoid products.
(a) In addition
to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid
must meet the requirements of this subdivision.
(b) An edible cannabinoid product must not:
(1) bear the likeness or contain cartoon-like characteristics of a real or fictional person,
animal, or fruit that appeals to children;
(2) be modeled after a brand of products primarily consumed by or marketed to children;
(3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a
commercially available candy or snack food item;
(4) be 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;
(5) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved
by the United States Food and Drug Administration for use in food;
(6) be packaged in a way that resembles the trademarked, characteristic, or
product-specialized packaging of any commercially available food product; or
(7) be packaged in a container that includes a statement, artwork, or design that could
reasonably mislead any person to believe that the package contains anything other than an
edible cannabinoid product.
(c) An edible cannabinoid product must be prepackaged in packaging or a container that
is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is
child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The
requirement that packaging be child-resistant does not apply to an edible cannabinoid product
that is intended to be consumed as a beverage.
(d) If an edible cannabinoid product, other than a product that is intended to be consumed
as a beverage, is intended for more than a single use or contains multiple servings, each
serving must be indicated by scoring, wrapping, or other indicators designating the individual
serving size that appear on the edible cannabinoid product. If it is not possible to indicate
a single serving by scoring or use of another indicator that appears on the product, the edible
cannabinoid product may not be packaged in a manner that includes more than a single
serving in each container, except that a calibrated dropper, measuring spoon, or similar
device for measuring a single serving, when sold with the product, may be used for any
edible cannabinoid products that are intended to be combined with food or beverage products
prior to consumption.
(e) A label containing at least the following information must be affixed to the packaging
or container of all edible cannabinoid products sold to consumers:
(1) the serving size;
(2) the cannabinoid profile per serving and in total;
(3) a list of ingredients, including identification of any major food allergens declared
by name; and
(4) the following statement: "Keep this product out of reach of children."
(f) An edible cannabinoid product new text begin that is not intended to be consumed as a beverage
new text end must not contain more than five milligrams of any tetrahydrocannabinol in a single servingdeleted text begin .
An edible cannabinoid product, other than a product that is intended to be consumed as a
beverage, maydeleted text end new text begin and mustnew text end not contain more than a total of 50 milligrams of any
tetrahydrocannabinol per package. deleted text begin An edible cannabinoid product that is intended to be
consumed as a beverage may not contain more than two servings per container.
deleted text end
new text begin
(g) An edible cannabinoid product that is intended to be consumed as a beverage must
not contain more than ten milligrams of any tetrahydrocannabinol in a single container.
new text end
deleted text begin (g)deleted text end new text begin (h) new text end An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or
delta-9 tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is
an artificially derived cannabinoid. Edible cannabinoid products are prohibited from
containing any other artificially derived cannabinoid, including but not limited to THC-P,
THC-O, and HHC, unless the office authorizes use of the artificially derived cannabinoid
in edible cannabinoid products. Edible cannabinoid products are prohibited from containing
synthetic cannabinoids.
deleted text begin (h)deleted text end new text begin (i)new text end Every person selling edible cannabinoid products to consumers, other than products
that are intended to be consumed as a beverage, must ensure that all edible cannabinoid
products are displayed behind a checkout counter where the public is not permitted or in a
locked case.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2024, section 342.01, subdivision 9, is amended to read:
Subd. 9.
Bona fide labor organization.
"Bona fide labor organization" means a labor
union that represents or is actively seeking to represent deleted text begin cannabisdeleted text end workersdeleted text begin .deleted text end new text begin of:
new text end
new text begin
(1) a cannabis business; or
new text end
new text begin
(2) a lower-potency hemp edible manufacturer.
new text end
Sec. 4.
Minnesota Statutes 2024, section 342.01, subdivision 34, is amended to read:
Subd. 34.
Hemp business.
(a) "Hemp business" means deleted text begin eitherdeleted text end new text begin anynew text end of the following
licensed under this chapter:
(1) lower-potency hemp edible manufacturer; deleted text begin or
deleted text end
new text begin
(2) lower-potency hemp edible wholesaler; or
new text end
deleted text begin (2)deleted text end new text begin (3)new text end lower-potency hemp edible retailer.
(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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2024, section 342.01, subdivision 47, is amended to read:
Subd. 47.
Labor peace agreement.
"Labor peace agreement" means an agreement
between a cannabis business and a bona fide labor organization new text begin or an agreement between
a lower-potency hemp edible manufacturer and a bona fide labor organization new text end that protects
the state's interests by, at minimum, prohibiting the labor organization from engaging in
picketing, work stoppages, or boycotts against the cannabis businessnew text begin or lower-potency hemp
edible manufacturernew text end .
Sec. 6.
Minnesota Statutes 2024, section 342.01, subdivision 48, is amended to read:
Subd. 48.
License holder.
"License holder" means a person, cooperative, or business
that holds any of the following licenses:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;
(11) lower-potency hemp edible manufacturer;
new text begin
(12) lower-potency hemp edible wholesaler;
new text end
deleted text begin (12)deleted text end new text begin (13)new text end lower-potency hemp edible retailer; or
deleted text begin (13)deleted text end new text begin (14)new text end medical cannabis combination business.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2024, section 342.01, subdivision 50, is amended to read:
Subd. 50.
Lower-potency hemp edible.
(a) "Lower-potency hemp edible" means any
product that:
(1) is intended to be eaten or consumed as a beverage by humans;
(2) contains hemp concentrate or an artificially derived cannabinoid, in combination
with food ingredients;
(3) is not a drug;
(4) does not contain a cannabinoid derived from cannabis plants or cannabis flower;
(5) 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; and
(6) meets either of the requirements in paragraph (b).
(b) A lower-potency hemp edible includes:
(1) a product that:
(i) new text begin is not intended to be consumed as a beverage and new text end consists of servings that contain
no more than five milligrams of delta-9 tetrahydrocannabinol; new text begin is intended to be consumed
as a beverage and contains no more than ten milligrams of delta-9 tetrahydrocannabinol in
a single container; is intended to be consumed in any approved manner and consists of
servings or a container that contain new text end no more than deleted text begin 25deleted text end new text begin 100new text end milligrams of cannabidiol,
cannabigerol, cannabinol, or cannabichromene; new text begin is intended to be consumed in any approved
manner and contains no more than the established limit of new text end any other cannabinoid authorized
by the office; or new text begin is intended to be consumed in any approved manner and contains new text end any
combination of those cannabinoids that does not exceed the identified amountsnew text begin for the
applicable product categorynew text end ;
(ii) does not contain more than a combined total of 0.5 milligrams of all other
cannabinoids per serving; and
(iii) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol, except that a product may include artificially derived cannabinoids
created during the process of creating the delta-9 tetrahydrocannabinol that is added to the
product, if no artificially derived cannabinoid is added to the ingredient containing delta-9
tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially
derived cannabinoids is no less than 20 to one; or
(2) a product that:
(i) contains hemp concentrate processed or refined without increasing the percentage of
targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp
plant or hemp plant parts beyond the variability generally recognized for the method used
for processing or refining or by an amount needed to reduce the total THC in the hemp
concentrate; and
(ii) consists of servings that contain no more than five milligrams of total THC.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2024, section 342.10, is amended to read:
342.10 LICENSES; TYPES.
The office shall issue the following types of license:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;
(11) lower-potency hemp edible manufacturer;
new text begin
(12) lower-potency hemp edible wholesaler;
new text end
deleted text begin (12)deleted text end new text begin (13)new text end lower-potency hemp edible retailer; and
deleted text begin (13)deleted text end new text begin (14)new text end medical cannabis combination business.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2024, section 342.11, is amended to read:
342.11 LICENSES; FEES.
(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.
(b) Application and licensing fees shall be as follows:
(1) for a cannabis microbusiness:
(i) an application fee of $500;
(ii) an initial license fee of $0; and
(iii) a renewal license fee of $2,000;
(2) for a cannabis mezzobusiness:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(3) for a cannabis cultivator:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000; and
(iii) a renewal license fee of $30,000;
(4) for a cannabis manufacturer:
(i) an application fee of $10,000;
(ii) an initial license fee of $10,000; and
(iii) a renewal license fee of $20,000;
(5) for a cannabis retailer:
(i) an application fee of $2,500;
(ii) an initial license fee of $2,500; and
(iii) a renewal license fee of $5,000;
(6) for a cannabis wholesaler:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(7) for a cannabis transporter:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(8) for a cannabis testing facility:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(9) for a cannabis delivery service:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(10) for a cannabis event organizer:
(i) an application fee of $750; and
(ii) an initial license fee of $750;
(11) for a lower-potency hemp edible manufacturer:
(i) an application fee of $250;
(ii) an initial license fee of $1,000; and
(iii) a renewal license fee of $1,000;
new text begin
(12) for a lower-potency hemp edible wholesaler:
new text end
new text begin
(i) an application fee of $250;
new text end
new text begin
(ii) an initial license fee of $10,000; and
new text end
new text begin
(iii) a renewal license fee of $10,000;
new text end
deleted text begin (12)deleted text end new text begin (13)new text end for a lower-potency hemp edible retailer:
(i) an application fee of $250new text begin or, if the lower-potency hemp retailer operates more than
one retail location, $250new text end per retail location;
(ii) an initial license fee of $250new text begin or, if the lower-potency hemp retailer operates more
than one retail location, $250new text end per retail location; and
(iii) a renewal license fee of $250new text begin or, if the lower-potency hemp retailer operates more
than one retail location, $250new text end per retail location; and
deleted text begin (13)deleted text end new text begin (14)new text end for a medical cannabis combination business:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000; and
(iii) a renewal license fee of $70,000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2024, section 342.13, is amended to read:
342.13 LOCAL CONTROL.
(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 authorized under this chapter.
(b) Except as provided in section 342.22, a local unit of government may not prohibit
the establishment or operation of a cannabis business or hemp business licensed under this
chapter.
(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 1,000 feet of a school, or 500 feet of a
day care, residential treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
(d) The office shall work with local units of government to:
(1) develop model ordinances for reasonable restrictions on the time, place, and manner
of the operation of a cannabis business;
(2) develop standardized forms and procedures for the issuance of a retail registration
pursuant to section 342.22; and
(3) develop model policies and procedures for the performance of compliance checks
required under section 342.22.
(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.
(f) Within 30 days of receiving a copy of an application 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. The office may not issue a
license if the local unit of government informs the office that the cannabis business does
not meet local zoning and land use laws. If the local unit of government does not provide
the certification to the office within 30 days of receiving a copy of an application from the
office, the office may issue a license.
(g) 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.
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 paragraph prohibits a local unit of government from enforcing a
local ordinance. If a local unit of government notifies the office that a cannabis business
other than a cannabis retailer, cannabis microbusiness deleted text begin ordeleted text end new text begin ,new text end cannabis mezzobusiness new text begin or
lower-potency hemp edible retailer new text end with a retail operations endorsementdeleted text begin , lower-potency
hemp edible retailerdeleted text end , or medical cannabis combination business operating a retail location
poses an immediate threat to the health or safety of the public, the office must respond
within one business day and may take any action described in section 342.19 or 342.21.
(h) A local government unit that issues a cannabis retailer registration under section
342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis
mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with
a retail operations endorsement to no fewer than one registration for every 12,500 residents.
(i) If a county has one active registration for every 12,500 residents, a city or town within
the county is not obligated to register a cannabis business.
(j) Nothing in this section shall prohibit a local government unit from allowing licensed
cannabis retailers in excess of the minimums set in paragraph (h).
(k) Notwithstanding the foregoing provisions, the state shall not issue a license to any
cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2024, section 342.18, subdivision 2, is amended to read:
Subd. 2.
Vertical integration prohibited; exceptions.
(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.
(b) Nothing in this section prohibits or limits the issuance of microbusiness licenses,
mezzobusiness licenses, or medical cannabis combination business licenses, or the issuance
of deleted text begin bothdeleted text end lower-potency hemp edible manufacturernew text begin , lower-potency hemp edible wholesaler,new text end
and lower-potency hemp edible retailer licenses to the same person or entity.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2024, section 342.22, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Exception; exclusive delivery services. new text end
new text begin
The requirements of this section do
not apply to a lower-potency hemp edible retailer with a delivery endorsement if the
lower-potency hemp edible retailer does not operate a retail location.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Minnesota Statutes 2024, section 342.34, subdivision 5, is amended to read:
Subd. 5.
Importation of hemp-derived products.
(a) A cannabis wholesaler that imports
lower-potency hemp edibles 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, new text begin lower-potency hemp edible wholesaler, new text end or lower-potency hemp edible
retailer must obtain a hemp-derived product importer endorsement from the office.
(b) A cannabis wholesaler with a hemp-derived product importer endorsement may sell
products manufactured outside the boundaries of the state of Minnesota if:
(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
(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.
(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.
(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 relevant information may result in
disciplinary action by the office, including the suspension, revocation, or cancellation of
an endorsement or license.
(e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or
criminal action that a licensed wholesaler relied on information on a product label or
otherwise provided by a manufacturer who is not licensed in this state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Minnesota Statutes 2024, section 342.39, subdivision 3, is amended to read:
Subd. 3.
Multiple licenses; limits.
(a) A person, cooperative, or business holding a
cannabis event organizer license may not hold a cannabis testing facility license, a
lower-potency hemp edible manufacturer license, new text begin a lower-potency hemp edible wholesaler
license, new text end or a lower-potency hemp edible retailer license.
(b) The office by rule may limit the number of cannabis event licenses that a person or
business may hold.
(c) For purposes of this subdivision, restrictions on the number or type of license that a
business may hold apply to every cooperative member or every director, manager, and
general partner of a cannabis business.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2024, section 342.43, subdivision 1, is amended to read:
Subdivision 1.
License types.
The office shall issue the following types of hemp business
licenses:
(1) lower-potency hemp edible manufacturer; deleted text begin and
deleted text end
new text begin
(2) lower-potency hemp edible wholesaler; and
new text end
deleted text begin (2)deleted text end new text begin (3)new text end lower-potency hemp edible retailer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2024, section 342.43, subdivision 2, is amended to read:
Subd. 2.
Multiple licenses; limits.
(a) A person, cooperative, or business may hold deleted text begin bothdeleted text end
new text begin any combination of new text end a lower-potency hemp edible manufacturernew text begin , a lower-potency hemp
edible wholesaler,new text end and new text begin a new text end lower-potency hemp edible retailer license.
(b) Nothing in this section prohibits a person, cooperative, or business from holding a
lower-potency hemp edible manufacturer license, new text begin a lower-potency hemp edible wholesaler
license, new text end a lower-potency hemp edible retailer license, or deleted text begin bothdeleted text end new text begin any combination of those
licensesnew text end , and also holding a license to cultivate industrial hemp issued pursuant to chapter
18K.
(c) Nothing in this section prohibits a person, cooperative, or business from holding a
lower-potency hemp edible manufacturer license, new text begin a lower-potency hemp edible wholesaler
license, new text end a lower-potency hemp edible retailer license, or deleted text begin bothdeleted text end new text begin any combination of those
licensesnew text end , and also holding any other license, including but not limited to a license to prepare
or sell food; sell tobacco, tobacco-related devices, electronic delivery devices as defined in
section 609.685, subdivision 1, and nicotine and lobelia delivery products as described in
section 609.6855; or manufacture or sell alcoholic beverages as defined in section 340A.101,
subdivision 2.
(d) A person, cooperative, or business holding a lower-potency hemp edible manufacturer
license, new text begin a lower-potency hemp edible wholesaler license, new text end a lower-potency hemp edible
retailer license, or deleted text begin bothdeleted text end new text begin any combination of those licensesnew text end , may not hold a cannabis business
license.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2024, section 342.44, subdivision 1, is amended to read:
Subdivision 1.
Application; contents.
(a) Except as otherwise provided in this
subdivision, the provisions of this chapter relating to license applications, license selection
criteria, general ownership disqualifications and requirements, and general operational
requirements do not apply to hemp businesses.
(b) The officedeleted text begin , by rule,deleted text end shall establish forms and procedures for the processing of hemp
licenses issued under this chapter. At a minimum, any application to obtain or renew a hemp
license shall include the following information, if applicable:
(1) the name, address, and date of birth of the applicant;
(2) the address and legal property description of the business;
(3) proof of trade name registration;
(4) certification that the applicant will comply with the requirements of this chapter
relating to the ownership and operation of a hemp business;
(5) 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
(6) a statement that the applicant agrees to respond to the office's supplemental requests
for information.
(c) An applicant for a lower-potency hemp edible manufacturer license must submit an
attestation signed by a bona fide labor organization stating that the applicant has entered
into a labor peace agreement.
deleted text begin
(d) An application on behalf of a corporation or association shall be signed by at least
deleted text end
deleted text begin
two officers or managing agents of that entity.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2024, section 342.45, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Building conditions. new text end
new text begin
(a) A lower-potency hemp edible manufacturer must
comply with state and local building, fire, and zoning codes, requirements, and regulations.
new text end
new text begin
(b) A lower-potency hemp edible manufacturer must ensure that licensed premises are
maintained in a clean and sanitary condition and are free from infestation by insects, rodents,
or other pests.
new text end
Sec. 19.
Minnesota Statutes 2024, section 342.45, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Manufacture of products for sale in other jurisdictions. new text end
new text begin
(a) Nothing in this
chapter prohibits a lower-potency hemp edible manufacturer from manufacturing, packaging,
labeling, and distributing edible products containing cannabinoids derived from hemp that
do not qualify as lower-potency hemp edibles if:
new text end
new text begin
(1) the products are intended, distributed, and offered for sale only in jurisdictions other
than Minnesota;
new text end
new text begin
(2) the products are physically separated from all lower-potency hemp edibles during
the manufacturing, packaging, and labeling process; and
new text end
new text begin
(3) the products' packaging clearly states that the products are not for sale in Minnesota.
new text end
new text begin
(b) The office may take enforcement action as provided in sections 342.19 and 342.21
if the office determines that the lower-potency hemp edible manufacturer:
new text end
new text begin
(1) sold or offered for sale in Minnesota any edible product containing cannabinoids
derived from hemp that does not qualify as a lower-potency hemp edible; or
new text end
new text begin
(2) manufactured, distributed, or stored any edible product containing cannabinoids
derived from hemp that does not qualify as a lower-potency hemp edible with the intent
that the product be offered for sale in Minnesota.
new text end
Sec. 20.
new text begin
[342.455] LOWER-POTENCY HEMP EDIBLE WHOLESALER.
new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin
A lower-potency hemp edible wholesaler 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) purchase lower-potency hemp edibles from cannabis microbusinesses, cannabis
mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, other
lower-potency hemp edible wholesalers, and lower-potency hemp edible manufacturers;
new text end
new text begin
(2) sell lower-potency hemp edibles to lower-potency hemp edible retailers with a retail
endorsement, cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses
with a retail endorsement, cannabis retailers, cannabis wholesalers, medical cannabis
combination businesses, and other lower-potency hemp edible wholesalers;
new text end
new text begin
(3) import lower-potency hemp edibles that contain hemp concentrate or artificially
derived cannabinoids that are derived from hemp plants or hemp plant parts; and
new text end
new text begin
(4) perform other actions approved by the office.
new text end
new text begin Subd. 2. new text end
new text begin Operations. new text end
new text begin
(a) A lower-potency hemp edible wholesaler must maintain accurate
records and ensure that appropriate labels remain affixed to lower-potency hemp edibles.
new text end
new text begin
(b) A lower-potency hemp edible wholesaler must maintain compliance with state and
local building, fire, and zoning requirements or regulations and must ensure that the
wholesaler's premises are maintained in a clean and sanitary condition, free from infestation
by insects, rodents, or other pests.
new text end
new text begin
(c) A lower-potency hemp edible wholesaler may purchase and sell other products or
items for which the wholesaler has a license or an authorization or that do not require a
license or an 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. Cannabis paraphernalia includes
but is 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.
new text end
new text begin Subd. 3. new text end
new text begin Importation of lower-potency hemp edibles; endorsement. new text end
new text begin
(a) A
lower-potency hemp edible wholesaler that imports lower-potency hemp edibles 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, cannabis
wholesaler, medical cannabis combination business, other lower-potency hemp edible
wholesaler, or lower-potency hemp edible retailer must obtain a lower-potency hemp edible
importer endorsement from the office.
new text end
new text begin
(b) A lower-potency hemp edible wholesaler with an endorsement issued under this
subdivision may sell products manufactured outside the boundaries of the state of Minnesota
if:
new text end
new text begin
(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
new text end
new text begin
(2) the lower-potency hemp edible 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.
new text end
new text begin
(c) The office may suspend, revoke, or cancel the license or endorsement of a wholesaler
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 lower-potency hemp edible wholesaler shall disclose all relevant
information related to actions in another jurisdiction. Failure to disclose relevant information
may result in disciplinary action by the office, including the suspension, revocation, or
cancellation of an endorsement or license.
new text end
new text begin
(d) Notwithstanding any law to the contrary, it is not a defense in any civil or criminal
action that a wholesaler relied on information on a product label or otherwise provided by
a manufacturer who is not licensed in this state.
new text end
new text begin Subd. 4. new text end
new text begin Transportation of lower-potency hemp edibles; endorsement. new text end
new text begin
(a) A
lower-potency hemp edible wholesaler that transports lower-potency hemp edibles to a
cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, cannabis wholesaler,
medical cannabis combination business, different lower-potency hemp edible wholesaler,
or lower-potency hemp edible retailer must obtain a lower-potency hemp edible transporter
endorsement from the office.
new text end
new text begin
(b) In addition to the information required to be submitted under section 342.44,
subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business
seeking a lower-potency hemp edible transporter endorsement must submit the following
information in a form approved by the office:
new text end
new text begin
(1) an appropriate surety bond, a certificate of insurance, qualifications as a self-insurer,
or other securities or agreements, in the amount of not less than $300,000, for loss of or
damage to cargo;
new text end
new text begin
(2) an appropriate surety bond, a certificate of insurance, qualifications as a self-insurer,
or other securities or agreements, in the amount of not less than $1,000,000, for injury to
one or more persons in any one accident and, if an accident has resulted in injury to or
destruction of property, of not less than $100,000 because of such injury to or destruction
of property of others in any one accident;
new text end
new text begin
(3) the number and type of equipment the business will use to transport lower-potency
hemp edibles;
new text end
new text begin
(4) a loading, transporting, and unloading plan;
new text end
new text begin
(5) a description of the applicant's experience in the distribution or security business;
and
new text end
new text begin
(6) evidence that the business will comply with the applicable operation requirements
for the license being sought.
new text end
new text begin
(c) A lower-potency hemp edible wholesaler may transport lower-potency hemp edibles
on public roadways if:
new text end
new text begin
(1) the lower-potency hemp edibles are in a locked, safe, and secure storage compartment
that is part of the motor vehicle or in a locked storage container that has a separate key or
combination pad;
new text end
new text begin
(2) the lower-potency hemp edibles are packaged in tamper-evident containers that are
not visible or recognizable from outside the transporting vehicle;
new text end
new text begin
(3) the lower-potency hemp edible wholesaler has a shipping manifest in the wholesaler's
possession that describes the contents of all tamper-evident containers;
new text end
new text begin
(4) all departures, arrivals, and stops are appropriately documented;
new text end
new text begin
(5) no person other than a designated employee enters a vehicle at any time that the
vehicle is transporting lower-potency hemp edibles;
new text end
new text begin
(6) at all times that the vehicle contains lower-potency hemp edibles, the vehicle is (i)
secured by turning off the ignition, locking all doors and storage compartments, and removing
the operating keys or device, or (ii) attended by a lower-potency hemp edible wholesaler
employee; and
new text end
new text begin
(7) the lower-potency hemp edible wholesaler complies with any other rules adopted
by the office related to the transportation of lower-potency hemp edibles by a lower-potency
hemp edible wholesaler, except that rules requiring a lower-potency hemp edible wholesaler
to randomize delivery times and routes or staff vehicles with multiple employees do not
apply.
new text end
new text begin
(d) Any vehicle assigned for the purposes of transporting lower-potency hemp edibles
is subject to inspection at any time.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2024, section 342.46, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Sale of lower-potency hemp ediblesdeleted text end new text begin Authorized actionsnew text end .
(a) A
lower-potency hemp edible retailer deleted text begin may only sell lower-potency hemp edibles to individuals
who are at least 21 years of age.deleted text end new text begin 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
deleted text begin
(b) A lower-potency hemp edible retailer may sell lower-potency hemp edibles that:
deleted text end
(1) deleted text begin are obtaineddeleted text end new text begin purchase lower-potency hemp ediblesnew text end from a licensed Minnesota cannabis
microbusiness, cannabis mezzobusiness, cannabis manufacturer, cannabis wholesaler, deleted text begin ordeleted text end
lower-potency hemp edible manufacturernew text begin , or lower-potency hemp edible wholesalernew text end ; deleted text begin and
deleted text end
(2) deleted text begin meet all applicable packaging and labeling requirementsdeleted text end new text begin sell lower-potency hemp
edibles that meet all packaging and labeling requirements to customers who are at least 21
years of age;
new text end
new text begin
(3) transport and deliver lower-potency hemp edibles to customers; and
new text end
new text begin (4) perform other actions approved by the officenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2024, section 342.46, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Retailer operations endorsement. new text end
new text begin
In addition to the information required to
be submitted under section 342.44, subdivision 1, a lower-potency hemp edible retailer that
intends to operate a retail establishment must indicate that intent in the form and manner
approved by the office.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2024, section 342.46, is amended by adding a subdivision to
read:
new text begin Subd. 1b. new text end
new text begin Delivery endorsement. new text end
new text begin
(a) In addition to the information required to be
submitted under section 342.44, subdivision 1, a lower-potency hemp edible retailer that
delivers lower-potency hemp edibles must submit the following information in a form
approved by the office:
new text end
new text begin
(1) proof of insurance for each vehicle;
new text end
new text begin
(2) a business plan demonstrating policies to avoid sales of lower-potency hemp edibles
to individuals who are under 21 years of age; 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
(b) A lower-potency hemp edible retailer with a delivery endorsement:
new text end
new text begin
(1) must ensure that lower-potency hemp edibles are not visible from outside the delivery
vehicle;
new text end
new text begin
(2) must ensure that a vehicle that contains lower-potency hemp edibles is (i) secured
by turning off the ignition, locking all doors and storage compartments, and removing the
operating keys or device, or (ii) attended by a lower-potency hemp edible retailer employee;
and
new text end
new text begin
(3) must not use a vehicle or trailer with an image depicting the types of items being
transported, including but not limited to an image depicting a cannabis or hemp leaf, or a
name suggesting that the delivery vehicle is used for transporting lower-potency hemp
edibles.
new text end
new text begin
(c) Any vehicle delivering lower-potency hemp edibles is subject to inspection at any
time.
new text end
new text begin
(d) The office may, by policy, establish limits on the amount of lower-potency hemp
edibles that a single delivery vehicle may transport at any time. If the office establishes
limits under this paragraph, the office must notify all lower-potency hemp edible retailers
with a delivery endorsement of the limit and must post the limit on the office's publicly
accessible website.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2024, section 342.46, subdivision 3, is amended to read:
Subd. 3.
Age verification.
Prior to initiating a salenew text begin or completing a deliverynew text end , an employee
of the lower-potency hemp edible retailer must verify that the customer is at least 21 years
of age. Section 342.27, subdivision 4, applies to the verification of a customer's age.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Minnesota Statutes 2024, section 342.46, subdivision 4, is amended to read:
Subd. 4.
Display and storage of lower-potency hemp edibles.
A lower-potency hemp
edible retailer new text begin operating a retail location new text end shall ensure that all lower-potency hemp edibles,
other than lower-potency hemp edibles that are intended to be consumed as a beverage, are
displayed behind a checkout counter where the public is not permitted or in a locked case.
All lower-potency hemp edibles that are not displayed must be stored in a secure area.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Minnesota Statutes 2024, section 342.46, subdivision 5, is amended to read:
Subd. 5.
Transportation of lower-potency hemp edibles.
(a) A lower-potency hemp
edible retailer may transport lower-potency hemp edibles on public roadways provided:
(1) the lower-potency hemp edibles are in final packaging;
(2) the lower-potency hemp edibles are packaged in tamper-evident containers that are
not visible or recognizable from outside the transporting vehicle;
(3) the lower-potency hemp edible retailer has a shipping manifest in the lower-potency
hemp edible retailer's possession that describes the contents of all tamper-evident containers;
(4) all departures, arrivals, and stops are appropriately documented;
(5) no person other than a designated employee enters a vehicle at any time that the
vehicle is transporting lower-potency hemp edibles; and
(6) the lower-potency hemp edible retailer complies with any other rules adopted by the
officenew text begin , except that rules requiring a lower-potency hemp edible retailer to randomize delivery
times and routes or staff vehicles with multiple employees do not applynew text end .
(b) Any vehicle assigned for the purposes of transporting lower-potency hemp edibles
is subject to inspection at any time.
new text begin
(c) The requirements under paragraph (a) do not apply to the delivery of lower-potency
hemp edibles to customers by a lower-potency hemp edible retailer with a delivery
endorsement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
Minnesota Statutes 2024, section 342.46, subdivision 6, is amended to read:
Subd. 6.
Compliant products.
deleted text begin (a)deleted text end A lower-potency hemp edible retailer shall ensure
that all deleted text begin lower-potency hemp ediblesdeleted text end new text begin products containing cannabinoidsnew text end offered for sale
new text begin qualify as hemp-derived topical products or lower-potency hemp edibles and new text end comply with
deleted text begin thedeleted text end new text begin all applicablenew text end limits on the amount and types of cannabinoids that deleted text begin a lower-potency hemp
edibledeleted text end new text begin the productnew text end can containdeleted text begin , including but not limited to the requirement that lower-potency
hemp edibles:deleted text end new text begin .
new text end
deleted text begin
(1) consist of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams
of cannabigerol, or any combination of those cannabinoids that does not exceed the identified
amounts;
deleted text end
deleted text begin
(2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids
per serving; and
deleted text end
deleted text begin
(3) do not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol.
deleted text end
deleted text begin
(b) If a lower-potency hemp edible is packaged in a manner that includes more than a
single serving, the lower-potency hemp edible must indicate each serving by scoring,
wrapping, or other indicators that appear on the lower-potency hemp edible designating the
individual serving size. If it is not possible to indicate a single serving by scoring or use of
another indicator that appears on the product, the lower-potency hemp edible may not be
packaged in a manner that includes more than a single serving in each container, except
deleted text end
deleted text begin
that a calibrated dropper, measuring spoon, or similar device for measuring a single serving
may be used for any edible cannabinoid products that are intended to be combined with
food or beverage products prior to consumption. If the lower-potency hemp edible is meant
to be consumed as a beverage, the beverage container may not contain more than two
servings per container.
deleted text end
deleted text begin
(c) A single package containing multiple servings of a lower-potency hemp edible must
contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams of
cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids that
does not exceed the identified amounts.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 28.
Minnesota Statutes 2024, section 342.46, subdivision 7, is amended to read:
Subd. 7.
Prohibitions.
A lower-potency hemp edible retailer deleted text begin maydeleted text end new text begin mustnew text end not:
(1) sell new text begin or deliver new text end lower-potency hemp edibles to an individual who is under 21 years
of age;
(2) sell new text begin or deliver new text end a lower-potency hemp edible to a person who is visibly intoxicated;
(3) sell new text begin or deliver new text end cannabis flower, cannabis products, or hemp-derived consumer
products;
(4) allow for the dispensing of lower-potency hemp edibles in vending machines; or
(5) distribute or allow free samples of lower-potency hemp edibles except when the
business is licensed to permit on-site consumption and samples are consumed within its
licensed premises.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 29.
Minnesota Statutes 2024, section 342.46, subdivision 9, is amended to read:
Subd. 9.
Posting of notices.
A lower-potency hemp edible retailer new text begin with a retail
endorsement new text end must post all notices as provided in section 342.27, subdivision 6.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 30.
Minnesota Statutes 2024, section 342.62, subdivision 2, is amended to read:
Subd. 2.
Packaging requirements.
(a) Except as provided in paragraph (b), all cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products
sold to customers or patients must be:
(1) prepackaged in packaging or a container that is child-resistant, tamper-evident, and
opaque; or
(2) placed in packaging or a container that is plain, child-resistant, tamper-evident, and
opaque at the final point of sale to a customer.
(b) The requirement that packaging be child-resistant does not apply to a lower-potency
hemp edible that is intended to be consumed as a beverage.
(c) If a cannabis product, lower-potency hemp edible, or a hemp-derived consumer
product is packaged in a manner that includes more than a single serving, each serving must
be indicated by scoring, wrapping, or other indicators designating the individual serving
size. deleted text begin If the item is a lower-potency hemp edible, serving indicators must meet the
requirements of section 342.46, subdivision 6, paragraph (b).
deleted text end
new text begin
(d) Notwithstanding paragraph (c), any edible cannabinoid products that are intended
to be combined with food or beverage products before consumption must indicate a single
serving using one of the following methods:
new text end
new text begin
(1) the product is packaged in individual servings;
new text end
new text begin
(2) the product indicates a single serving by scoring or use of another indicator that
appears on the product; or
new text end
new text begin
(3) the product is sold with a calibrated dropper, measuring spoon, or similar device for
measuring a single serving.
new text end
new text begin
(e) A package containing multiple servings of a lower-potency hemp edible that is not
intended to be consumed as a beverage must not contain:
new text end
new text begin
(1) more than 50 milligrams of delta-9 tetrahydrocannabinol;
new text end
new text begin
(2) more than 1,000 milligrams of cannabidiol, cannabigerol, cannabinol, or
cannabichromene:
new text end
new text begin
(3) more than the established limit of any other cannabinoid authorized by the office;
or
new text end
new text begin
(4) any combination of those cannabinoids that exceeds the identified amounts for the
applicable product category.
new text end
new text begin
(f) A single container containing a lower-potency hemp edible product that is intended
to be consumed as a beverage must not contain:
new text end
new text begin
(1) more than ten milligrams of delta-9 tetrahydrocannabinol;
new text end
new text begin
(2) more than 200 milligrams of cannabidiol, cannabigerol, cannabinol, or
cannabichromene;
new text end
new text begin
(3) more than the established limit of any other cannabinoid authorized by the office;
or
new text end
new text begin
(4) any combination of those cannabinoids that exceeds the identified amounts for the
applicable product category.
new text end
deleted text begin (d)deleted text end new text begin (g)new text end Edible cannabis products and lower-potency hemp edibles containing more than
a single serving must be prepackaged or placed at the final point of sale in packaging or a
container that is resealable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 31.
Minnesota Statutes 2024, section 342.63, subdivision 5, is amended to read:
Subd. 5.
Content of label; hemp-derived topical products.
deleted text begin (a)deleted text end All hemp-derived topical
products sold to customers must have affixed to the packaging or container of the product
a label that contains at least the following information:
(1) the manufacturer name, location, phone number, and website;
(2) the name and address of the independent, accredited laboratory used by the
manufacturer to test the product;
(3) the net weight or volume of the product in the package or container;
(4) the type of topical product;
(5) the amount or percentage of cannabidiol, cannabigerol, or any other cannabinoid,
derivative, or extract of hemp, per serving and in total;
(6) a list of ingredients;
(7) a statement that the product does not claim to diagnose, treat, cure, or prevent any
disease and that the product has not been evaluated or approved by the United States Food
and Drug Administration, unless the product has been so approved; and
(8) any other statements or information required by the office.
deleted text begin
(b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided
through the use of a scannable barcode or matrix barcode that links to a page on a website
maintained by the manufacturer or distributor if that page contains all of the information
required by this subdivision.
deleted text end
Sec. 32.
Minnesota Statutes 2024, section 342.65, is amended to read:
342.65 INDUSTRIAL HEMPnew text begin ; PRODUCTS FOR SALE IN OTHER
JURISDICTIONSnew text end .
new text begin (a) new text end Nothing in this chapter shall limit the ability of a person licensed under chapter 18K
to grow industrial hemp for commercial or research purposes, process industrial hemp for
commercial purposes, sell hemp fiber products and hemp grain, manufacture hemp-derived
topical products, or perform any other actions authorized by the commissioner of agriculture.
For purposes of this section, "processing" has the meaning given in section 18K.02,
subdivision 5, and does not include the process of creating artificially derived cannabinoids.
new text begin
(b) Nothing in this chapter prohibits a person who does not hold a license issued by the
office from manufacturing, packaging, labeling, and distributing products containing
cannabinoids derived from hemp that are not identified in paragraph (a) if:
new text end
new text begin
(1) the products are intended, distributed, and offered for sale only in jurisdictions other
than Minnesota; and
new text end
new text begin
(2) the products' packaging clearly states that the products are not for sale in Minnesota.
new text end
new text begin
(c) The office may take enforcement action as provided in section 342.19, subdivision
6, if the office determines that the person:
new text end
new text begin
(1) sold or offered for sale in Minnesota any product containing cannabinoids that is not
identified in paragraph (a); or
new text end
new text begin
(2) manufactured, distributed, or stored any product containing cannabinoids derived
from hemp that is not identified in paragraph (a) with the intent that the product be offered
for sale in Minnesota.
new text end
Sec. 33.
Minnesota Statutes 2024, section 342.66, subdivision 6, is amended to read:
Subd. 6.
Prohibitions.
(a) A product sold to consumers under this section must not be
manufactured, marketed, distributed, or intended:
(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or other animals;
(2) to affect the structure or any function of the bodies of humans or other animals;
(3) to be consumed by combustion or vaporization of the product and inhalation of
smoke, aerosol, or vapor from the product;
(4) to be consumed through chewing; or
(5) to be consumed through injection or application tonew text begin nonintact skin ornew text end a mucous
membrane deleted text begin or nonintact skindeleted text end new text begin , except for products applied sublinguallynew text end .
(b) A product manufactured, marketed, distributed, or sold to consumers under this
section must not:
(1) consist, in whole or in part, of any filthy, putrid, or decomposed substance;
(2) have been produced, prepared, packed, or held under unsanitary conditions where
the product may have been rendered injurious to health, or where the product may have
been contaminated with filth;
(3) be packaged in a container that is composed, in whole or in part, of any poisonous
or deleterious substance that may render the contents injurious to health;
(4) contain any additives or excipients that have been found by the United States Food
and Drug Administration to be unsafe for human or animal consumption;
(5) contain a cannabinoid or an amount or percentage of cannabinoids that is different
than the information stated on the label;
(6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid
approved by the office, in an amount that exceeds the standard established in subdivision
deleted text begin 2deleted text end new text begin 3new text end , paragraph (c); or
(7) contain any contaminants for which testing is required by the office in amounts that
exceed the acceptable minimum standards established by the office.
(c) No product containing any cannabinoid may be sold to any individual who is under
21 years of age.
APPENDIX
Repealed Minnesota Statutes: H1615-1
152.22 DEFINITIONS.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of health.
342.151 EMPLOYEES OF LICENSE HOLDERS.
Subdivision 1.
Definitions.
For purposes of this section, a "license holder" includes a cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis event organizer, cannabis delivery service, lower-potency hemp edible manufacturer, lower-potency hemp edible retailer, or medical cannabis combination business.
342.36 CANNABIS TRANSPORTER OPERATIONS.
Subd. 5.
Randomized deliveries.
A cannabis transporter shall ensure that all delivery times and routes are randomized.