Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2023, Regular Session
Key: (1) language to be deleted (2) new language
- Title (20)
- Section 1. (191)
- Sec. 2. (47)
- Sec. 3. (18)
- Sec. 4. (42)
- Sec. 5. (7)
- Sec. 6. (7)
- Sec. 7. (10)
- Sec. 8. (6)
- Sec. 9. (82)
- Sec. 10. (14)
- Sec. 11. (14)
- Sec. 12. (1)
- Sec. 13. (26)
- Sec. 14. (7)
- Sec. 15. (9)
- Sec. 16. (8)
- Sec. 17. (4)
- Sec. 18. (7)
- Sec. 19. (52)
- Sec. 20. (10)
- Sec. 21. (1)
- Sec. 22. (32)
- Sec. 23. (47)
- Sec. 24. (68)
- Sec. 25. (18)
- Sec. 26. (51)
- Sec. 27. (134)
- Sec. 28. (72)
- Sec. 29. (61)
- Sec. 30. (27)
- Sec. 31. (33)
- Sec. 32. (29)
- Sec. 33. (27)
- Sec. 34. (24)
- Sec. 35. (33)
- Sec. 36. (36)
- Sec. 37. (18)
- Sec. 38. (11)
- Sec. 39. (28)
- Sec. 40. (113)
- Sec. 41. (28)
- Sec. 42. (29)
- Sec. 43. (1)
- Sec. 44. (1)
- Sec. 45. (10)
- Sec. 46. (6)
- Sec. 47. (31)
- Sec. 48. (10)
- Sec. 49. (20)
- Sec. 50. (13)
- Sec. 51. (52)
- Sec. 52. (57)
- Sec. 53. (35)
- Sec. 54. (3)
- Sec. 55. (16)
- Sec. 56. (8)
- Sec. 57. (22)
- Sec. 58. (18)
- Sec. 59. (4)
- Sec. 60. (4)
- Sec. 61. (3)
- Sec. 62. (86)
- Sec. 63. (11)
- Sec. 64. (67)
- Sec. 65. (39)
- Sec. 68. (2)
- Sec. 69. (2)
- Sec. 71. (12)
- Sec. 72. (9)
- Sec. 73. (6)
- Sec. 74. (2)
- Section 1. (2)
- Sec. 2. (3)
- Sec. 3. (18)
- Sec. 4. (6)
- Sec. 6. (5)
- Sec. 7. (4)
- Sec. 8. (4)
- Sec. 9. (49)
- Sec. 10. (2)
- Sec. 11. (1)
- Sec. 12. (4)
- Sec. 13. (1)
- Sec. 14. (3)
- Sec. 15. (2)
- Sec. 16. (1)
- Sec. 17. (1)
- Sec. 18. (3)
- Sec. 19. (6)
- Sec. 20. (2)
- Sec. 21. (1)
- Sec. 22. (1)
- Sec. 23. (2)
- Sec. 24. (2)
- Sec. 25. (1)
- Sec. 26. (1)
- Sec. 27. (3)
- Sec. 28. (9)
- Section 1. (16)
- Sec. 2. (8)
- Sec. 3. (15)
- Section 1. (2)
- Sec. 3. (2)
- Sec. 4. (2)
- Sec. 5. (2)
- Sec. 6. (2)
- Sec. 7. (2)
- Sec. 11. (3)
- Sec. 13. (3)
- Sec. 14. (2)
- Sec. 15. (3)
- Sec. 18. (2)
- Sec. 19. (25)
- Sec. 20. (30)
- Sec. 21. (8)
- Sec. 22. (3)
- Sec. 24. (2)
- Sec. 25. (2)
- Sec. 28. (4)
- Sec. 29. (2)
- Sec. 30. (8)
- Sec. 31. (2)
- Sec. 32. (4)
- Sec. 33. (2)
- Sec. 34. (3)
- Sec. 35. (2)
- Sec. 36. (2)
- Sec. 37. (2)
- Sec. 38. (2)
- Sec. 39. (4)
- Sec. 40. (4)
- Sec. 41. (4)
- Sec. 42. (4)
- Sec. 43. (4)
- Sec. 44. (4)
- Sec. 46. (2)
- Sec. 48. (2)
- Section 1. (80)
- Sec. 2. (74)
- Sec. 3. (5)
- Sec. 4. (2)
- Sec. 6. (1)
- Sec. 7. (8)
- Sec. 8. (21)
- Sec. 9. (19)
- Sec. 12. (9)
- Sec. 14. (3)
- Sec. 15. (4)
- Sec. 16. (6)
- Sec. 17. (3)
- Sec. 18. (10)
- Sec. 19. (11)
- Sec. 20. (6)
- Sec. 21. (4)
- Sec. 22. (41)
- Sec. 23. (2)
- Sec. 24. (3)
- Sec. 25. (1)
- Sec. 26. (7)
- Sec. 27. (1)
- Sec. 28. (2)
- Sec. 29. (2)
- Sec. 30. (6)
- Sec. 31. (1)
- Sec. 32. (1)
- Sec. 33. (1)
- Sec. 34. (4)
- Sec. 35. (2)
- Sec. 36. (7)
- Sec. 37. (3)
- Sec. 38. (5)
- Sec. 39. (24)
- Sec. 40. (2)
- Sec. 41. (4)
- Sec. 42. (3)
- Sec. 45. (1)
- Sec. 46. (1)
- Sec. 48. (1)
- Sec. 50. (2)
- Sec. 51. (1)
- Sec. 53. (2)
- Sec. 55. (1)
- Sec. 56. (2)
- Sec. 57. (1)
- Sec. 58. (1)
- Sec. 59. (2)
- Sec. 60. (2)
- Sec. 61. (2)
- Sec. 68. (5)
- Sec. 69. (3)
- Sec. 70. (3)
- Sec. 71. (5)
- Section 1. (2)
- Sec. 2. (2)
CHAPTER 63--H.F.No. 100
An act
relating to cannabis Next ; establishing the Office of Previous Cannabis Next Management; establishing an advisory council; requiring reports relating to Previous cannabis Next use and sales; legalizing and limiting the possession and use of Previous cannabis Next and certain hemp products by adults; providing for the licensing, inspection, and regulation of Previous cannabis Next businesses and hemp businesses; establishing licensing fees; requiring testing of Previous cannabis Next flower, Previous cannabis Next products, and certain hemp products; requiring labeling of Previous cannabis Next flower, Previous cannabis Next products, and certain hemp products; limiting the advertisement of Previous cannabis Next flower, Previous cannabis Next products, Previous cannabis Next businesses, and hemp businesses; providing for the cultivation of Previous cannabis Next in private residences; transferring regulatory authority for the medical Previous cannabis Next program; providing for Tribal medical programs; taxing the sale of Previous cannabis Next flower, Previous cannabis Next products, and certain hemp products; establishing grant and loan programs; clarifying the prohibition on operating a motor vehicle while under the influence of certain products and chemicals; amending criminal penalties; establishing expungement procedures for certain individuals; requiring reports on expungements; providing for expungement of certain evictions; clarifying the rights of landlords and tenants regarding use of certain forms of Previous cannabis Next ; establishing labor standards for the use of Previous cannabis Next flower, Previous cannabis Next products, and certain hemp products by employees and testing of employees; providing for the temporary regulation of certain edible cannabinoid products; providing for professional licensing protections; providing for local registration of certain Previous cannabis Next businesses operating retail establishments; amending the scheduling of marijuana and tetrahydrocannabinols; classifying data; making miscellaneous cannabis-related and hemp-related changes and additions; making clarifying and technical changes; requiring reports; transferring money; appropriating money;
amending Minnesota Statutes 2022, sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; 18K.02, subdivision 5; 34A.01, subdivision 4; 97B.065, subdivision 1; 144.99, subdivision 1; 144A.4791, subdivision 14; 151.72; 152.01, subdivision 9, by adding subdivisions; 152.02, subdivisions 2, 4; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1, 2; 152.11, subdivision 2; 152.22, by adding subdivisions; 152.29, subdivision 4, by adding a subdivision; 152.30; 152.32; 152.33, subdivision 1; 152.35; 169A.03, by adding subdivisions; 169A.20, subdivision 1; 169A.31, subdivision 1; 169A.51, subdivisions 1, 4; 169A.72; 175.45, subdivision 1; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, subdivisions 4, 5, 6, by adding subdivisions; 181.952, by adding a subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1; 192A.555; 244.05, subdivision 2; 245C.08, subdivision 1; 256.01, subdivision 18c; 256B.0625, subdivision 13d; 256D.024, subdivisions 1, 3; 256J.26, subdivisions 1, 3; 270B.12, by adding a subdivision; 270C.19, by adding a subdivision; 273.13, subdivision 24; 275.025, subdivision 2; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.61, subdivision 3; 297A.67, subdivisions 2, 7, by adding a subdivision; 297A.70, subdivisions 2, 4, 18; 297A.85; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 340A.402, subdivision 1; 340A.412, subdivision 14; 360.0752, subdivision 2; 461.12, by adding a subdivision; 484.014, subdivision 3; 504B.171, subdivision 1; 609.135, subdivision 1; 609.2111; 609.2112, subdivision 1; 609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions 1, 2; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609A.01; 609B.425, subdivision 2; 609B.435, subdivision 2; 624.712, by adding subdivisions; 624.713, subdivision 1; 624.714, subdivision 6; 624.7142, subdivision 1; 624.7151; proposing coding for new law in Minnesota Statutes, chapters 3; 116J; 116L; 120B; 144; 152; 169A; 270C; 289A; 295; 340A; 477A; 504B; 609A; 624; proposing coding for new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2022, sections 151.72; 152.027, subdivisions 3, 4; 152.21; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.291; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
REGULATION OF ADULT-USE Previous CANNABIS Next
Section 1.
new text begin [342.01] DEFINITIONS. new text end
new text begin Subdivision 1. new text end
new text begin Terms. new text end
new text begin For the purposes of this chapter, the following terms have the meanings given them. new text end
new text begin Subd. 2. new text end
new text begin Adult-use Previous cannabis Next concentrate. new text end
new text begin "Adult-use Previous cannabis Next concentrate" means Previous cannabis Next concentrate that is approved for sale by the office or is substantially similar to a product approved by the office. Adult-use Previous cannabis Next concentrate does not include any artificially derived cannabinoid. new text end
new text begin Subd. 3. new text end
new text begin Adult-use Previous cannabis Next flower. new text end
new text begin "Adult-use Previous cannabis Next flower" means Previous cannabis Next flower that is approved for sale by the office or is substantially similar to a product approved by the office. Adult-use Previous cannabis Next flower does not include medical Previous cannabis Next flower, hemp plant parts, or hemp-derived consumer products. new text end
new text begin Subd. 4. new text end
new text begin Adult-use Previous cannabis Next product. new text end
new text begin "Adult-use Previous cannabis Next product" means a Previous cannabis Next product that is approved for sale by the office or is substantially similar to a product approved by the office. Adult-use Previous cannabis Next product includes edible Previous cannabis Next products but does not include medical cannabinoid products or lower-potency hemp edibles. new text end
new text begin Subd. 5. new text end
new text begin Advertisement. new text end
new text begin "Advertisement" means any written or oral statement, illustration, or depiction that is intended to promote sales of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, or sales at a specific Previous cannabis Next business or hemp business and includes any newspaper, radio, internet and electronic media, or television promotion; the distribution of fliers and circulars; and the display of window and interior signs in a Previous cannabis Next business. Advertisement does not include a fixed outdoor sign that meets the requirements in section 342.64, subdivision 2, paragraph (b). new text end
new text begin Subd. 6. new text end
new text begin Artificially derived cannabinoid. new text end
new text begin "Artificially derived cannabinoid" means a cannabinoid extracted from a Previous cannabis Next plant, Previous cannabis Next flower, hemp plant, or hemp plant parts with a chemical makeup that is changed after extraction to create a different cannabinoid or other chemical compound by applying a catalyst other than heat or light. Artificially derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from cannabidiol but does not include Previous cannabis Next concentrate, Previous cannabis Next products, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products. new text end
new text begin Subd. 7. new text end
new text begin Batch. new text end
new text begin "Batch" means: new text end
new text begin (1) a specific quantity of Previous cannabis Next plants that are cultivated from the same seed or plant stock, are cultivated together, are intended to be harvested together, and receive an identical propagation and cultivation treatment; new text end
new text begin (2) a specific quantity of Previous cannabis Next flower that is harvested together; is uniform and intended to meet specifications for identity, strength, purity, and composition; and receives identical sorting, drying, curing, and storage treatment; or new text end
new text begin (3) a specific quantity of a specific Previous cannabis Next product, lower-potency hemp edible, artificially derived cannabinoid, hemp-derived consumer product, or hemp-derived topical product that is manufactured at the same time and using the same methods, equipment, and ingredients that is uniform and intended to meet specifications for identity, strength, purity, and composition, and that is manufactured, packaged, and labeled according to a single batch production record executed and documented. new text end
new text begin Subd. 8. new text end
new text begin Batch number. new text end
new text begin "Batch number" means a unique numeric or alphanumeric identifier assigned to a batch of Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, artificially derived cannabinoid, hemp-derived consumer products, or hemp-derived topical products. new text end
new text begin Subd. 9. new text end
new text begin Bona fide labor organization. new text end
new text begin "Bona fide labor organization" means a labor union that represents or is actively seeking to represent Previous cannabis Next workers. new text end
new text begin Subd. 10. new text end
new text begin Cannabinoid. new text end
new text begin "Cannabinoid" means any of the chemical constituents of hemp plants or Previous cannabis Next plants that are naturally occurring, biologically active, and act on the cannabinoid receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol and cannabidiol. new text end
new text begin Subd. 11. new text end
new text begin Cannabinoid extraction. new text end
new text begin "Cannabinoid extraction" means the process of extracting Previous cannabis Next concentrate from Previous cannabis Next plants or Previous cannabis Next flower using heat, pressure, water, lipids, gases, solvents, or other chemicals or chemical processes, but does not include the process of extracting concentrate from hemp plants or hemp plant parts or the process of creating any artificially derived cannabinoid. new text end
new text begin Subd. 12. new text end
new text begin Cannabinoid product. new text end
new text begin "Cannabinoid product" means a Previous cannabis Next product, a hemp-derived consumer product, or a lower-potency hemp edible. new text end
new text begin Subd. 13. new text end
new text begin Cannabinoid profile. new text end
new text begin "Cannabinoid profile" means the amounts of each cannabinoid that the office requires to be identified in testing and labeling, including but not limited to delta-9 tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid in Previous cannabis Next flower, a Previous cannabis Next product, a batch of artificially derived cannabinoid, a lower-potency hemp edible, a hemp-derived consumer product, or a hemp-derived topical product expressed as percentages measured by weight and, in the case of Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products, expressed as milligrams in each serving and package. new text end
new text begin Subd. 14. new text end
new text begin Previous Cannabis Next business. new text end
new text begin " Previous Cannabis Next business" means any of the following licensed under this chapter: new text end
new text begin (1) Previous cannabis Next microbusiness; new text end
new text begin (2) Previous cannabis Next mezzobusiness; new text end
new text begin (3) Previous cannabis Next cultivator; new text end
new text begin (4) Previous cannabis Next manufacturer; new text end
new text begin (5) Previous cannabis Next retailer; new text end
new text begin (6) Previous cannabis Next wholesaler; new text end
new text begin (7) Previous cannabis Next transporter; new text end
new text begin (8) Previous cannabis Next testing facility; new text end
new text begin (9) Previous cannabis Next event organizer; new text end
new text begin (10) Previous cannabis Next delivery service; new text end
new text begin (11) medical Previous cannabis Next cultivator; new text end
new text begin (12) medical Previous cannabis Next processor; new text end
new text begin (13) medical Previous cannabis Next retailer; and new text end
new text begin (14) medical Previous cannabis Next combination business. new text end
new text begin Subd. 15. new text end
new text begin Previous Cannabis Next concentrate. new text end
new text begin (a) " Previous Cannabis Next concentrate" means: new text end
new text begin (1) the extracts and resins of a Previous cannabis Next plant or Previous cannabis Next flower; new text end
new text begin (2) the extracts or resins of a Previous cannabis Next plant or Previous cannabis Next flower that are refined to increase the presence of targeted cannabinoids; or new text end
new text begin (3) a product that is produced by refining extracts or resins of a Previous cannabis Next plant or Previous cannabis Next flower and is intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product. new text end
new text begin (b) Previous Cannabis Next concentrate does not include hemp concentrate, artificially derived cannabinoid, or hemp-derived consumer products. new text end
new text begin Subd. 16. new text end
new text begin Previous Cannabis Next flower. new text end
new text begin " Previous Cannabis Next flower" means the harvested flower, bud, leaves, and stems of a Previous cannabis Next plant. Previous Cannabis Next flower includes adult-use Previous cannabis Next flower and medical Previous cannabis Next flower. Previous Cannabis Next flower does not include Previous cannabis Next seed, hemp plant parts, or hemp-derived consumer products. new text end
new text begin Subd. 17. new text end
new text begin Previous Cannabis Next industry. new text end
new text begin " Previous Cannabis Next industry" means every item, product, person, process, action, business, or other thing related to Previous cannabis Next flower and Previous cannabis Next products and subject to regulation under this chapter. new text end
new text begin Subd. 18. new text end
new text begin Previous Cannabis Next paraphernalia. new text end
new text begin " Previous Cannabis Next paraphernalia" means all equipment, products, and materials of any kind that are knowingly or intentionally used primarily in: new text end
new text begin (1) manufacturing Previous cannabis Next products; new text end
new text begin (2) ingesting, inhaling, or otherwise introducing Previous cannabis Next flower or Previous cannabis Next products into the human body; and new text end
new text begin (3) testing the strength, effectiveness, or purity of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products. new text end
new text begin Subd. 19. new text end
new text begin Previous Cannabis Next plant. new text end
new text begin " Previous Cannabis Next plant" means all parts of the plant of the genus Previous Cannabis Next that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis. new text end
new text begin Subd. 20. new text end
new text begin Previous Cannabis Next product. new text end
new text begin (a) " Previous Cannabis Next product" means any of the following: new text end
new text begin (1) Previous cannabis Next concentrate; new text end
new text begin (2) a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or derived from Previous cannabis Next plants or Previous cannabis Next flower; or new text end
new text begin (3) any other product that contains Previous cannabis Next concentrate. new text end
new text begin (b) Previous Cannabis Next product includes adult-use Previous cannabis Next products, including but not limited to edible Previous cannabis Next products and medical cannabinoid products. Previous Cannabis Next product does not include Previous cannabis Next flower, artificially derived cannabinoid, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products. new text end
new text begin Subd. 21. new text end
new text begin Previous Cannabis Next prohibition. new text end
new text begin " Previous Cannabis Next prohibition" means the system of state and federal laws that prevented establishment of a legal market and instead established petty offenses and criminal offenses punishable by fines, imprisonment, or both for the cultivation, possession, and sale of all parts of the plant of any species of the genus Previous Cannabis Next , including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. new text end
new text begin Subd. 22. new text end
new text begin Previous Cannabis Next seed. new text end
new text begin " Previous Cannabis Next seed" means the viable seed of the plant of the genus Previous Cannabis Next that is reasonably expected to grow into a Previous cannabis Next plant. Previous Cannabis Next seed does not include hemp seed. new text end
new text begin Subd. 23. new text end
new text begin Previous Cannabis Next worker. new text end
new text begin " Previous Cannabis Next worker" means any individual employed by a Previous cannabis Next business and any individual who is a contractor of a Previous cannabis Next business whose scope of work involves the handling of Previous cannabis Next plants, Previous cannabis Next flower, or Previous cannabis Next products. new text end
new text begin Subd. 24. new text end
new text begin Child-resistant. new text end
new text begin "Child-resistant" means packaging that meets the poison prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15. new text end
new text begin Subd. 25. new text end
new text begin Cooperative. new text end
new text begin "Cooperative" means an association conducting business on a cooperative plan that is organized or is subject to chapter 308A or 308B. new text end
new text begin Subd. 26. new text end
new text begin Council. new text end
new text begin "Council" means the Previous Cannabis Next Advisory Council. new text end
new text begin Subd. 27. new text end
new text begin Cultivation. new text end
new text begin "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of Previous cannabis Next plants, Previous cannabis Next flower, hemp plants, or hemp plant parts. new text end
new text begin Subd. 28. new text end
new text begin Division of Medical Previous Cannabis Next . new text end
new text begin "Division of Medical Previous Cannabis Next " means a division housed in the Office of Previous Cannabis Next Management that operates the medical Previous cannabis Next program. new text end
new text begin Subd. 29. new text end
new text begin Division of Social Equity new text end
new text begin "Division of Social Equity" means a division housed in the Office of Previous Cannabis Next Management that promotes development, stability, and safety in communities that have experienced a disproportionate, negative impact from Previous cannabis Next prohibition and usage. new text end
new text begin Subd. 30. new text end
new text begin Drug. new text end
new text begin "Drug" has the meaning given in section 151.01, subdivision 5. new text end
new text begin Subd. 31. new text end
new text begin Edible Previous cannabis Next product. new text end
new text begin "Edible Previous cannabis Next product" means any product that is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid other than an artificially derived cannabinoid in combination with food ingredients; is not a drug; and is a type of product approved for sale by the office, or is substantially similar to a product approved by the office including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods. Edible Previous cannabis Next product does not include lower-potency hemp edibles. new text end
new text begin Subd. 32. new text end
new text begin Health care practitioner. new text end
new text begin "Health care practitioner" means a Minnesota-licensed doctor of medicine, a Minnesota-licensed physician assistant acting within the scope of authorized practice, or a Minnesota-licensed advanced practice registered nurse who has an active license in good standing and the primary responsibility for the care and treatment of the qualifying medical condition of an individual diagnosed with a qualifying medical condition. new text end
new text begin Subd. 33. new text end
new text begin Health record. new text end
new text begin "Health record" has the meaning given in section 144.291, subdivision 2. new text end
new text begin Subd. 34. new text end
new text begin Hemp business. new text end
new text begin (a) "Hemp business" means either of the following licensed under this chapter: new text end
new text begin (1) lower-potency hemp edible manufacturer; or new text end
new text begin (2) lower-potency hemp edible retailer. new text end
new text begin (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 end
new text begin Subd. 35. new text end
new text begin Hemp concentrate. new text end
new text begin (a) "Hemp concentrate" means: new text end
new text begin (1) the extracts and resins of a hemp plant or hemp plant parts; new text end
new text begin (2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase the presence of targeted cannabinoids; or new text end
new text begin (3) a product that is produced by refining extracts or resins of a hemp plant or hemp plant parts and is intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product. new text end
new text begin (b) Hemp concentrate does not include artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products. new text end
new text begin Subd. 36. new text end
new text begin Hemp consumer industry. new text end
new text begin "Hemp consumer industry" means every item, product, person, process, action, business, or other thing related to artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products and subject to regulation under this chapter. new text end
new text begin Subd. 37. new text end
new text begin Hemp-derived consumer product. new text end
new text begin (a) "Hemp-derived consumer product" means a product intended for human or animal consumption, does not contain Previous cannabis Next flower or Previous cannabis Next concentrate, and: new text end
new text begin (1) contains or consists of hemp plant parts; or new text end
new text begin (2) contains hemp concentrate or artificially derived cannabinoids in combination with other ingredients. new text end
new text begin (b) Hemp-derived consumer product does not include artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp grain. new text end
new text begin Subd. 38. new text end
new text begin Hemp-derived topical product. new text end
new text begin "Hemp-derived topical product" means a product intended for human or animal consumption that contains hemp concentrate, is intended for application externally to a part of the body of a human or animal, and does not contain Previous cannabis Next flower or Previous cannabis Next concentrate. new text end
new text begin Subd. 39. new text end
new text begin Hemp fiber product. new text end
new text begin "Hemp fiber product" means an intermediate or finished product made from the fiber of hemp plant parts that is not intended for human or animal consumption. Hemp fiber product includes but is not limited to cordage, paper, fuel, textiles, bedding, insulation, construction materials, compost materials, and industrial materials. new text end
new text begin Subd. 40. new text end
new text begin Hemp grain. new text end
new text begin "Hemp grain" means the harvested seeds of the hemp plant intended for consumption as a food or part of a food product. Hemp grain includes oils pressed or extracted from harvested hemp seeds. new text end
new text begin Subd. 41. new text end
new text begin Hemp plant. new text end
new text begin "Hemp plant" means all parts of the plant of the genus Previous Cannabis Next that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. new text end
new text begin Subd. 42. new text end
new text begin Hemp plant parts. new text end
new text begin "Hemp plant parts" means any part of the harvested hemp plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from the plant. Hemp plant parts does not include hemp fiber products, hemp grain, or hemp seed. new text end
new text begin Subd. 43. new text end
new text begin Hemp seed. new text end
new text begin "Hemp seed" means the viable seed of the plant of the genus Previous Cannabis Next that is intended to be planted and is reasonably expected to grow into a hemp plant. Hemp seed does not include Previous cannabis Next seed or hemp grain. new text end
new text begin Subd. 44. new text end
new text begin Hemp worker. new text end
new text begin "Hemp worker" means any individual employed by a hemp business and any individual who is a contractor of a hemp business whose scope of work involves the handling of artificially derived cannabinoids, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products. new text end
new text begin Subd. 45. new text end
new text begin Industrial hemp. new text end
new text begin "Industrial hemp" has the meaning given in section 18K.02, subdivision 3. new text end
new text begin Subd. 46. new text end
new text begin Intoxicating cannabinoid. new text end
new text begin "Intoxicating cannabinoid" means a cannabinoid, including an artificially derived cannabinoid, that when introduced into the human body impairs the central nervous system or impairs the human audio, visual, or mental processes. Intoxicating cannabinoid includes but is not limited to any tetrahydrocannabinol. new text end
new text begin Subd. 47. new text end
new text begin Labor peace agreement. new text end
new text begin "Labor peace agreement" means an agreement between a Previous cannabis Next business and a bona fide labor organization that protects the state's interests by, at minimum, prohibiting the labor organization from engaging in picketing, work stoppages, or boycotts against the Previous cannabis Next business. new text end
new text begin Subd. 48. new text end
new text begin License holder. new text end
new text begin "License holder" means a person, cooperative, or business that holds any of the following licenses: new text end
new text begin (1) Previous cannabis Next microbusiness; new text end
new text begin (2) Previous cannabis Next mezzobusiness; new text end
new text begin (3) Previous cannabis Next cultivator; new text end
new text begin (4) Previous cannabis Next manufacturer; new text end
new text begin (5) Previous cannabis Next retailer; new text end
new text begin (6) Previous cannabis Next wholesaler; new text end
new text begin (7) Previous cannabis Next transporter; new text end
new text begin (8) Previous cannabis Next testing facility; new text end
new text begin (9) Previous cannabis Next event organizer; new text end
new text begin (10) Previous cannabis Next delivery service; new text end
new text begin (11) lower-potency hemp edible manufacturer; new text end
new text begin (12) lower-potency hemp edible retailer; new text end
new text begin (13) medical Previous cannabis Next cultivator; new text end
new text begin (14) medical Previous cannabis Next processor; new text end
new text begin (15) medical Previous cannabis Next retailer; or new text end
new text begin (16) medical Previous cannabis Next combination business. new text end
new text begin Subd. 49. new text end
new text begin Local unit of government. new text end
new text begin "Local unit of government" means a home rule charter or statutory city, county, town, or other political subdivision. new text end
new text begin Subd. 50. new text end
new text begin Lower-potency hemp edible. new text end
new text begin "Lower-potency hemp edible" means any product that: new text end
new text begin (1) is intended to be eaten or consumed as a beverage by humans; new text end
new text begin (2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; new text end
new text begin (3) is not a drug; new text end
new text begin (4) consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts; new text end
new text begin (5) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; new text end
new text begin (6) does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol; new text end
new text begin (7) does not contain a cannabinoid derived from Previous cannabis Next plants or Previous cannabis Next flower; and new text end
new text begin (8) 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. new text end
new text begin Subd. 51. new text end
new text begin Matrix barcode. new text end
new text begin "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically shaped dark and light cells capable of being read by the camera on a smartphone or other mobile device. new text end
new text begin Subd. 52. new text end
new text begin Medical cannabinoid product. new text end
new text begin (a) "Medical cannabinoid product" means a product that: new text end
new text begin (1) consists of or contains Previous cannabis Next concentrate or hemp concentrate or is infused with cannabinoids, including but not limited to artificially derived cannabinoids; and new text end
new text begin (2) is provided to a patient enrolled in the registry program; a registered designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient, by a Previous cannabis Next retailer or medical Previous cannabis Next retailer to treat or alleviate the symptoms of a qualifying medical condition. new text end
new text begin (b) A medical cannabinoid product must be in the form of: new text end
new text begin (1) liquid, including but not limited to oil; new text end
new text begin (2) pill; new text end
new text begin (3) liquid or oil for use with a vaporized delivery method; new text end
new text begin (4) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles; new text end
new text begin (5) orally dissolvable product, including lozenges, gum, mints, buccal tablets, and sublingual tablets; new text end
new text begin (6) edible products in the form of gummies and chews; new text end
new text begin (7) topical formulation; or new text end
new text begin (8) any allowable form or delivery method approved by the office. new text end
new text begin (c) Medical cannabinoid product does not include adult-use Previous cannabis Next products or hemp-derived consumer products. new text end
new text begin Subd. 53. new text end
new text begin Medical Previous cannabis Next business. new text end
new text begin "Medical Previous cannabis Next business" means an entity licensed under this chapter to engage in one or more of the following: new text end
new text begin (1) the cultivation of Previous cannabis Next plants for medical Previous cannabis Next flower; new text end
new text begin (2) the manufacture of medical cannabinoid products; and new text end
new text begin (3) the retail sale of medical Previous cannabis Next flower and medical cannabinoid products. new text end
new text begin Subd. 54. new text end
new text begin Medical Previous cannabis Next flower. new text end
new text begin "Medical Previous cannabis Next flower" means Previous cannabis Next flower provided to a patient enrolled in the registry program; a registered designated caregiver; or a parent, legal guardian, or spouse of an enrolled patient by a Previous cannabis Next retailer or medical Previous cannabis Next business to treat or alleviate the symptoms of a qualifying medical condition. Medical Previous cannabis Next flower does not include adult-use Previous cannabis Next flower. new text end
new text begin Subd. 55. new text end
new text begin Medical Previous cannabis Next paraphernalia. new text end
new text begin "Medical Previous cannabis Next paraphernalia" means a delivery device, related supply, or educational material used by a patient enrolled in the registry program to administer medical Previous cannabis Next and medical cannabinoid products. new text end
new text begin Subd. 56. new text end
new text begin Nonintoxicating cannabinoid. new text end
new text begin "Nonintoxicating cannabinoid" means a cannabinoid that when introduced into the human body does not impair the central nervous system and does not impair the human audio, visual, or mental processes. Nonintoxicating cannabinoid includes but is not limited to cannabidiol and cannabigerol but does not include any artificially derived cannabinoid. new text end
new text begin Subd. 57. new text end
new text begin Office. new text end
new text begin "Office" means the Office of Previous Cannabis Next Management. new text end
new text begin Subd. 58. new text end
new text begin Outdoor advertisement. new text end
new text begin "Outdoor advertisement" means an advertisement that is located outdoors or can be seen or heard by an individual who is outdoors and includes billboards; advertisements on benches; advertisements at transit stations or transit shelters; advertisements on the exterior or interior of buses, taxis, light rail transit, or business vehicles; and print signs that do not meet the requirements in section 342.64, subdivision 2, paragraph (b), but that are placed or located on the exterior property of a Previous cannabis Next business. new text end
new text begin Subd. 59. new text end
new text begin Patient. new text end
new text begin "Patient" means a Minnesota resident who has been diagnosed with a qualifying medical condition by a health care practitioner and who has met all other requirements for patients under this chapter to participate in the registry program. new text end
new text begin Subd. 60. new text end
new text begin Patient registry number. new text end
new text begin "Patient registry number" means a unique identification number assigned by the Division of Medical Previous Cannabis Next to a patient enrolled in the registry program. new text end
new text begin Subd. 61. new text end
new text begin Plant canopy. new text end
new text begin "Plant canopy" means the surface area within a cultivation facility that is used at any time to cultivate mature, flowering Previous cannabis Next plants. For multiple tier cultivation, each tier of cultivation surface area contributes to the total plant canopy calculation. Calculation of the area of the plant canopy does not include the surface area within the cultivation facility that is used to cultivate immature Previous cannabis Next plants and seedlings. new text end
new text begin Subd. 62. new text end
new text begin Propagule. new text end
new text begin "Propagule" means seeds, clones, transplants, and any other propagative industrial hemp material. new text end
new text begin Subd. 63. new text end
new text begin Qualifying medical condition. new text end
new text begin "Qualifying medical condition" means a diagnosis of any of the following conditions: new text end
new text begin (1) Alzheimer's disease; new text end
new text begin (2) autism spectrum disorder that meets the requirements of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; new text end
new text begin (3) cancer, if the underlying condition or treatment produces one or more of the following: new text end
new text begin (i) severe or chronic pain; new text end
new text begin (ii) nausea or severe vomiting; or new text end
new text begin (iii) cachexia or severe wasting; new text end
new text begin (4) chronic motor or vocal tic disorder; new text end
new text begin (5) chronic pain; new text end
new text begin (6) glaucoma; new text end
new text begin (7) human immunodeficiency virus or acquired immune deficiency syndrome; new text end
new text begin (8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c); new text end
new text begin (9) obstructive sleep apnea; new text end
new text begin (10) post-traumatic stress disorder; new text end
new text begin (11) Tourette's syndrome; new text end
new text begin (12) amyotrophic lateral sclerosis; new text end
new text begin (13) seizures, including those characteristic of epilepsy; new text end
new text begin (14) severe and persistent muscle spasms, including those characteristic of multiple sclerosis; new text end
new text begin (15) inflammatory bowel disease, including Crohn's disease; new text end
new text begin (16) irritable bowel syndrome; new text end
new text begin (17) obsessive-compulsive disorder; new text end
new text begin (18) sickle cell disease; new text end
new text begin (19) terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more of the following: new text end
new text begin (i) severe or chronic pain; new text end
new text begin (ii) nausea or severe vomiting; or new text end
new text begin (iii) cachexia or severe wasting; or new text end
new text begin (20) any other medical condition or its treatment approved by the office. new text end
new text begin Subd. 64. new text end
new text begin Registered designated caregiver. new text end
new text begin "Registered designated caregiver" means an individual who: new text end
new text begin (1) is at least 18 years old; new text end
new text begin (2) is not disqualified for a criminal offense according to rules adopted pursuant to section 342.15, subdivision 2; new text end
new text begin (3) has been approved by the Division of Medical Previous Cannabis Next to assist a patient with obtaining medical Previous cannabis Next flower and medical cannabinoid products from a Previous cannabis Next retailer or medical Previous cannabis Next retailer and with administering medical Previous cannabis Next flower and medical cannabinoid products; and new text end
new text begin (4) is authorized by the Division of Medical Previous Cannabis Next to assist a patient with the use of medical Previous cannabis Next flower and medical cannabinoid products. new text end
new text begin Subd. 65. new text end
new text begin Registry or registry program. new text end
new text begin "Registry" or "registry program" means the patient registry established under this chapter listing patients authorized to obtain medical Previous cannabis Next flower, medical cannabinoid products, and medical Previous cannabis Next paraphernalia from Previous cannabis Next retailers and medical Previous cannabis Next retailers and administer medical Previous cannabis Next flower and medical cannabinoid products. new text end
new text begin Subd. 66. new text end
new text begin Registry verification. new text end
new text begin "Registry verification" means the verification provided by the Division of Medical Previous Cannabis Next that a patient is enrolled in the registry program and that includes the patient's name, patient registry number, and, if applicable, the name of the patient's registered designated caregiver or parent, legal guardian, or spouse. new text end
new text begin Subd. 67. new text end
new text begin Restricted area. new text end
new text begin "Restricted area" means an area where Previous cannabis Next flower or Previous cannabis Next products are cultivated, manufactured, or stored by a Previous cannabis Next business. new text end
new text begin Subd. 68. new text end
new text begin Statewide monitoring system. new text end
new text begin "Statewide monitoring system" means the system for integrated Previous cannabis Next tracking, inventory, and verification established or adopted by the office. new text end
new text begin Subd. 69. new text end
new text begin Synthetic cannabinoid. new text end
new text begin "Synthetic cannabinoid" means a substance with a similar chemical structure and pharmacological activity to a cannabinoid but is not extracted or derived from Previous cannabis Next plants, Previous cannabis Next flower, hemp plants, or hemp plant parts and is instead created or produced by chemical or biochemical synthesis. new text end
new text begin Subd. 70. new text end
new text begin Veteran. new text end
new text begin "Veteran" means an individual who satisfies the requirements in section 197.447. new text end
new text begin Subd. 71. new text end
new text begin Visiting patient. new text end
new text begin "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 Previous cannabis Next or medical marijuana program. new text end
new text begin Subd. 72. new text end
new text begin Volatile solvent. new text end
new text begin "Volatile solvent" means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Volatile solvent includes but is not limited to butane, hexane, and propane. new text end
Sec. 2.
new text begin [342.02] OFFICE OF Previous CANNABIS Next MANAGEMENT. new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin The Office of Previous Cannabis Next Management is created with the powers and duties established by law. In making rules, establishing policy, and exercising its regulatory authority over the Previous cannabis Next industry and hemp consumer industry, the office must: new text end
new text begin (1) promote the public health and welfare; new text end
new text begin (2) protect public safety; new text end
new text begin (3) eliminate the illicit market for Previous cannabis Next flower and Previous cannabis Next products; new text end
new text begin (4) meet the market demand for Previous cannabis Next flower and Previous cannabis Next products; new text end
new text begin (5) promote a craft industry for Previous cannabis Next flower and Previous cannabis Next products; and new text end
new text begin (6) prioritize growth and recovery in communities that have experienced a disproportionate, negative impact from Previous cannabis Next prohibition. new text end
new text begin Subd. 2. new text end
new text begin Powers and duties. new text end
new text begin (a) The office has the following powers and duties: new text end
new text begin (1) to develop, maintain, and enforce an organized system of regulation for the Previous cannabis Next industry and hemp consumer industry; new text end
new text begin (2) to establish programming, services, and notification to protect, maintain, and improve the health of citizens; new text end
new text begin (3) to prevent unauthorized access to Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products by individuals under 21 years of age; new text end
new text begin (4) to establish and regularly update standards for product manufacturing, testing, packaging, and labeling, including requirements for an expiration, sell-by, or best-used-by date; new text end
new text begin (5) to promote economic growth with an emphasis on growth in areas that experienced a disproportionate, negative impact from Previous cannabis Next prohibition; new text end
new text begin (6) to issue and renew licenses; new text end
new text begin (7) to require fingerprints from individuals determined to be subject to fingerprinting, including the submission of fingerprints to the Federal Bureau of Investigation where required by law and to obtain criminal conviction data for individuals seeking a license from the office on the individual's behalf or as a cooperative member or director, manager, or general partner of a business entity; new text end
new text begin (8) to receive reports required by this chapter and inspect the premises, records, books, and other documents of license holders to ensure compliance with all applicable laws and rules; new text end
new text begin (9) to authorize the use of unmarked motor vehicles to conduct seizures or investigations pursuant to the office's authority; new text end
new text begin (10) to impose and collect civil and administrative penalties as provided in this chapter; new text end
new text begin (11) to publish such information as may be deemed necessary for the welfare of Previous cannabis Next businesses, Previous cannabis Next workers, hemp businesses, and hemp workers and the health and safety of citizens; new text end
new text begin (12) to make loans and grants in aid to the extent that appropriations are made available for that purpose; new text end
new text begin (13) to authorize research and studies on Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, the Previous cannabis Next industry, and the hemp consumer industry; new text end
new text begin (14) to provide reports as required by law; new text end
new text begin (15) to develop a warning label regarding the effects of the use of Previous cannabis Next flower and Previous cannabis Next products by persons 25 years of age or younger; new text end
new text begin (16) to determine, based on a review of medical and scientific literature, whether it is appropriate to require additional health and safety warnings containing information that is both supported by credible science and helpful to consumers in considering potential health risks from the use of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products, including but not limited to warnings regarding any risks associated with use by pregnant or breastfeeding individuals, or by individuals planning to become pregnant, and the effects that use has on brain development for individuals under the age of 25; new text end
new text begin (17) to establish limits on the potency of Previous cannabis Next flower and Previous cannabis Next products that can be sold to customers by licensed Previous cannabis Next retailers, licensed Previous cannabis Next microbusinesses, and licensed Previous cannabis Next mezzobusinesses with an endorsement to sell Previous cannabis Next flower and Previous cannabis Next products to customers; new text end
new text begin (18) to establish rules authorizing an increase in plant canopy limits and outdoor cultivation limits to meet market demand and limiting Previous cannabis Next manufacturing consistent with the goals identified in subdivision 1; and new text end
new text begin (19) to exercise other powers and authority and perform other duties required by law. new text end
new text begin (b) In addition to the powers and duties in paragraph (a), the office has the following powers and duties until January 1, 2027: new text end
new text begin (1) to establish limits on the potency of adult-use Previous cannabis Next flower and adult-use Previous cannabis Next products that can be sold to customers by licensed Previous cannabis Next retailers, licensed Previous cannabis Next microbusinesses, and licensed Previous cannabis Next mezzobusinesses with an endorsement to sell adult-use Previous cannabis Next flower and adult-use Previous cannabis Next products to customers; and new text end
new text begin (2) to permit, upon application to the office in the form prescribed by the director of the office, a licensee under this chapter to perform any activity if such permission is substantially necessary for the licensee to perform any other activity permitted by the applicant's license and is not otherwise prohibited by law. new text end
new text begin Subd. 3. new text end
new text begin Medical Previous cannabis Next program. new text end
new text begin (a) The powers and duties of the Department of Health with respect to the medical Previous cannabis Next program under Minnesota Statutes 2022, sections 152.22 to 152.37, are transferred to the Office of Previous Cannabis Next Management under section 15.039. new text end
new text begin (b) The following protections shall apply to employees who are transferred from the Department of Health to the Office of Previous Cannabis Next Management: new text end
new text begin (1) the employment status and job classification of a transferred employee shall not be altered as a result of the transfer; new text end
new text begin (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; new text end
new text begin (3) the applicable collective bargaining agreements with exclusive representatives shall continue in full force and effect for such transferred employees after the transfer; new text end
new text begin (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 new text end
new text begin (5) for an employee in a temporary unclassified position transferred to the Office of Previous Cannabis Next 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 Previous Cannabis Next 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. new text end
new text begin Subd. 4. new text end
new text begin Interagency agreements. new text end
new text begin (a) The office and the commissioner of agriculture shall enter into interagency agreements to ensure that edible Previous cannabis Next products and lower-potency hemp edibles are handled, manufactured, and inspected in a manner that is consistent with the relevant food safety requirements in chapters 28A, 31, and 34A and associated rules. new text end
new text begin (b) The office may cooperate and enter into other agreements with the commissioner of agriculture and may cooperate and enter into agreements with the commissioners and directors of other state agencies and departments to promote the beneficial interests of the state. new text end
new text begin Subd. 5. new text end
new text begin Rulemaking. new text end
new text begin The office may adopt rules to implement any provisions in this chapter. Rules for which notice is published in the State Register before July 1, 2025, may be adopted using the expedited rulemaking process in section 14.389. new text end
new text begin Subd. 6. new text end
new text begin Director. new text end
new text begin (a) The governor shall appoint a director of the office with the advice and consent of the senate. The director must be in the unclassified service and must serve at the pleasure of the governor. new text end
new text begin (b) The salary of the director must not exceed the salary limit established under section 15A.0815, subdivision 3. new text end
new text begin Subd. 7. new text end
new text begin Employees. new text end
new text begin (a) The office may employ other personnel in the classified service necessary to carry out the duties in this chapter. new text end
new text begin (b) Upon request by the office, a prospective employee of the office must submit a completed criminal history records check consent form, a full set of classifiable fingerprints, and the required fees to the office. Upon receipt of this information, the office must submit the completed criminal history records check consent form, full set of classifiable fingerprints, and required fees to the Bureau of Criminal Apprehension. After receiving this information, the bureau must conduct a Minnesota criminal history records check of the prospective employee. The bureau may exchange a prospective employee's fingerprints with the Federal Bureau of Investigation to obtain the prospective employee's national criminal history record information. The bureau must return the results of the Minnesota and federal criminal history records checks to the director to determine if the prospective employee is disqualified under rules adopted pursuant to section 342.15. new text end
new text begin Subd. 8. new text end
new text begin Division of Social Equity. new text end
new text begin The office must establish a Division of Social Equity. At a minimum, the division must: new text end
new text begin (1) engage with the community and administer grants to communities that experienced a disproportionate, negative impact from Previous cannabis Next prohibition and usage in order to promote economic development, improve social determinants of health, provide services to prevent violence, support early intervention programs for youth and families, and promote community stability and safety; new text end
new text begin (2) act as an ombudsperson for the office to provide information, investigate complaints under this chapter, and provide or facilitate dispute resolutions; and new text end
new text begin (3) report to the office on the status of complaints and social equity in the Previous cannabis Next industry. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2023, except for subdivision 3, which is effective March 1, 2025. new text end
Sec. 3.
new text begin [342.03] Previous CANNABIS Next ADVISORY COUNCIL. new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin The Previous Cannabis Next Advisory Council is created consisting of the following members: new text end
new text begin (1) the director of the Office of Previous Cannabis Next Management or a designee; new text end
new text begin (2) the commissioner of employment and economic development or a designee; new text end
new text begin (3) the commissioner of revenue or a designee; new text end
new text begin (4) the commissioner of health or a designee; new text end
new text begin (5) the commissioner of human services or a designee; new text end
new text begin (6) the commissioner of public safety or a designee; new text end
new text begin (7) the commissioner of human rights or a designee; new text end
new text begin (8) the commissioner of labor or a designee; new text end
new text begin (9) the commissioner of agriculture or a designee; new text end
new text begin (10) the commissioner of the Pollution Control Agency or a designee; new text end
new text begin (11) the superintendent of the Bureau of Criminal Apprehension or a designee; new text end
new text begin (12) the colonel of the State Patrol or a designee; new text end
new text begin (13) the director of the Office of Traffic Safety in the Department of Public Safety or a designee; new text end
new text begin (14) a representative from the League of Minnesota Cities appointed by the league; new text end
new text begin (15) a representative from the Association of Minnesota Counties appointed by the association; new text end
new text begin (16) an expert in minority business development appointed by the governor; new text end
new text begin (17) an expert in economic development strategies for under-resourced communities appointed by the governor; new text end
new text begin (18) an expert in farming or representing the interests of farmers appointed by the governor; new text end
new text begin (19) an expert representing the interests of Previous cannabis Next workers appointed by the governor; new text end
new text begin (20) an expert representing the interests of employers appointed by the governor; new text end
new text begin (21) an expert in municipal law enforcement with advanced training in impairment detection and evaluation appointed by the governor; new text end
new text begin (22) an expert in social welfare or social justice appointed by the governor; new text end
new text begin (23) an expert in criminal justice reform to mitigate the disproportionate impact of drug prosecutions on communities of color appointed by the governor; new text end
new text begin (24) an expert in prevention, treatment, and recovery related to substance use disorders appointed by the governor; new text end
new text begin (25) an expert in minority business ownership appointed by the governor; new text end
new text begin (26) an expert in women-owned businesses appointed by the governor; new text end
new text begin (27) an expert in Previous cannabis Next retailing appointed by the governor; new text end
new text begin (28) an expert in Previous cannabis Next product manufacturing appointed by the governor; new text end
new text begin (29) an expert in laboratory sciences and toxicology appointed by the governor; new text end
new text begin (30) an expert in providing legal services to Previous cannabis Next businesses appointed by the governor; new text end
new text begin (31) an expert in Previous cannabis Next cultivation appointed by the governor; new text end
new text begin (32) an expert in pediatric medicine appointed by the governor; new text end
new text begin (33) an expert in adult medicine appointed by the governor; new text end
new text begin (34) three patient advocates, one who is a patient enrolled in the medical Previous cannabis Next program; one who is a parent or caregiver of a patient in the medical Previous cannabis Next program; and one patient with experience in the mental health system or substance use disorder treatment system appointed by the governor; new text end
new text begin (35) two licensed mental health professionals appointed by the governor; new text end
new text begin (36) a veteran appointed by the governor; new text end
new text begin (37) one member of each of the following federally recognized Tribes, designated by the elected Tribal president or chairperson of the governing bodies of: new text end
new text begin (i) the Fond du Lac Band; new text end
new text begin (ii) the Grand Portage Band; new text end
new text begin (iii) the Mille Lacs Band; new text end
new text begin (iv) the White Earth Band; new text end
new text begin (v) the Bois Forte Band; new text end
new text begin (vi) the Leech Lake Band; new text end
new text begin (vii) the Red Lake Nation; new text end
new text begin (viii) the Upper Sioux Community; new text end
new text begin (ix) the Lower Sioux Indian Community; new text end
new text begin (x) the Shakopee Mdewakanton Sioux Community; and new text end
new text begin (xi) the Prairie Island Indian Community; and new text end
new text begin (38) a representative from the Local Public Health Association of Minnesota appointed by the association. new text end
new text begin Subd. 2. new text end
new text begin Terms; compensation; removal; vacancy; expiration. new text end
new text begin The membership terms, compensation, removal of members appointed by the governor, and filling of vacancies of members are provided in section 15.059. Notwithstanding section 15.059, subdivision 6, the advisory council shall not expire. new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin (a) The director of the Office of Previous Cannabis Next Management or the director's designee must chair the Previous Cannabis Next Advisory Council. The advisory council must elect a vice-chair and may elect other officers as necessary. new text end
new text begin (b) The advisory council shall meet quarterly or upon the call of the chair. new text end
new text begin (c) Meetings of the advisory council are subject to chapter 13D. new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin (a) The duties of the advisory council shall include: new text end
new text begin (1) reviewing national Previous cannabis Next policy; new text end
new text begin (2) examining the effectiveness of state Previous cannabis Next policy; new text end
new text begin (3) reviewing developments in the Previous cannabis Next industry and hemp consumer industry; new text end
new text begin (4) reviewing developments in the study of Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products; new text end
new text begin (5) taking public testimony; and new text end
new text begin (6) making recommendations to the Office of Previous Cannabis Next Management. new text end
new text begin (b) At its discretion, the advisory council may examine other related issues consistent with this section. new text end
Sec. 4.
new text begin [342.04] STUDIES; REPORTS. new text end
new text begin (a) The office shall conduct a study to determine the expected size and growth of the regulated Previous cannabis Next industry and hemp consumer industry, including an estimate of the demand for Previous cannabis Next flower and Previous cannabis Next products, the number and geographic distribution of Previous cannabis Next businesses needed to meet that demand, and the anticipated business from residents of other states. new text end
new text begin (b) The office shall conduct a study to determine the size of the illicit Previous cannabis Next market, the sources of illicit Previous cannabis Next flower and illicit Previous cannabis Next products in the state, the locations of citations issued and arrests made for Previous cannabis Next offenses, and the subareas, such as census tracts or neighborhoods, that experience a disproportionately large amount of Previous cannabis Next enforcement. new text end
new text begin (c) The office shall conduct a study on impaired driving to determine: new text end
new text begin (1) the number of accidents involving one or more drivers who admitted to using Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products, or who tested positive for Previous cannabis Next or tetrahydrocannabinol; new text end
new text begin (2) the number of arrests of individuals for impaired driving in which the individual tested positive for Previous cannabis Next or tetrahydrocannabinol; and new text end
new text begin (3) the number of convictions for driving under the influence of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, or tetrahydrocannabinol. new text end
new text begin (d) The office shall provide preliminary reports on the studies conducted pursuant to paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports to the legislature by January 15, 2025. The reports may be consolidated into a single report by the office. new text end
new text begin (e) The office shall collect existing data from the Department of Human Services, Department of Health, Minnesota state courts, and hospitals licensed under chapter 144 on the utilization of mental health and substance use disorder services, emergency room visits, and commitments to identify any increase in the services provided or any increase in the number of visits or commitments. The office shall also obtain summary data from existing first episode psychosis programs on the number of persons served by the programs and number of persons on the waiting list. All information collected by the office under this paragraph shall be included in the report required under paragraph (f). new text end
new text begin (f) The office shall conduct an annual market analysis on the status of the regulated Previous cannabis Next industry and submit a report of the findings. The office shall submit the report by January 15, 2025, and each January 15 thereafter and the report may be combined with the annual report submitted by the office. The process of completing the market analysis must include holding public meetings to solicit the input of consumers, market stakeholders, and potential new applicants and must include an assessment as to whether the office has issued the necessary number of licenses in order to: new text end
new text begin (1) ensure the sufficient supply of Previous cannabis Next flower and Previous cannabis Next products to meet demand; new text end
new text begin (2) provide market stability; new text end
new text begin (3) ensure a competitive market; and new text end
new text begin (4) limit the sale of unregulated Previous cannabis Next flower and Previous cannabis Next products. new text end
new text begin (g) The office shall submit an annual report to the legislature by January 15, 2024, and each January 15 thereafter. The annual report shall include but not be limited to the following: new text end
new text begin (1) the status of the regulated Previous cannabis Next industry; new text end
new text begin (2) the status of the illicit Previous cannabis Next market and hemp consumer industry; new text end
new text begin (3) the number of accidents, arrests, and convictions involving drivers who admitted to using Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products or who tested positive for Previous cannabis Next or tetrahydrocannabinol; new text end
new text begin (4) the change in potency, if any, of Previous cannabis Next flower and Previous cannabis Next products available through the regulated market; new text end
new text begin (5) progress on providing opportunities to individuals and communities that experienced a disproportionate, negative impact from Previous cannabis Next prohibition, including but not limited to providing relief from criminal convictions and increasing economic opportunities; new text end
new text begin (6) the status of racial and geographic diversity in the Previous cannabis Next industry; new text end
new text begin (7) proposed legislative changes, including but not limited to recommendations to streamline licensing systems and related administrative processes; new text end
new text begin (8) information on the adverse effects of second-hand smoke from any Previous cannabis Next flower, Previous cannabis Next products, and hemp-derived consumer products that are consumed by the combustion or vaporization of the product and the inhalation of smoke, aerosol, or vapor from the product; and new text end
new text begin (9) recommendations for the levels of funding for: new text end
new text begin (i) a coordinated education program to address and raise public awareness about the top three adverse health effects, as determined by the commissioner of health, associated with the use of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products by individuals under 21 years of age; new text end
new text begin (ii) a coordinated education program to educate pregnant individuals, breastfeeding individuals, and individuals who may become pregnant on the adverse health effects of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products; new text end
new text begin (iii) training, technical assistance, and educational materials for home visiting programs, Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products in homes with infants and young children; new text end
new text begin (iv) model programs to educate middle school and high school students on the health effects on children and adolescents of the use of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or controlled substances; new text end
new text begin (v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow programs; new text end
new text begin (vi) grants to organizations for community development in social equity communities through the CanRenew program; new text end
new text begin (vii) training of peace officers and law enforcement agencies on changes to laws involving Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products and the law's impact on searches and seizures; new text end
new text begin (viii) training of peace officers to increase the number of drug recognition experts; new text end
new text begin (ix) training of peace officers on the cultural uses of sage and distinguishing use of sage from the use of Previous cannabis Next flower, including whether the Board of Peace Officer Standards and Training should approve or develop training materials; new text end
new text begin (x) the retirement and replacement of drug detection canines; and new text end
new text begin (xi) the Department of Human Services and county social service agencies to address any increase in demand for services. new text end
new text begin (g) In developing the recommended funding levels under paragraph (f), clause (9), items (vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota Cities, the Association of Minnesota Counties, and county social services agencies. new text end
Sec. 5.
new text begin [342.05] STATEWIDE MONITORING SYSTEM. new text end
new text begin Subdivision 1. new text end
new text begin Statewide monitoring. new text end
new text begin The office must contract with an outside vendor to establish a statewide monitoring system for integrated Previous cannabis Next tracking, inventory, and verification to track all Previous cannabis Next plants, Previous cannabis Next flower, and Previous cannabis Next products from seed, immature plant, or creation until disposal or sale to a patient or customer. new text end
new text begin Subd. 2. new text end
new text begin Data submission requirements. new text end
new text begin The monitoring system must allow Previous cannabis Next businesses to submit monitoring data to the office through the use of monitoring system software commonly used within the Previous cannabis Next industry and may also permit Previous cannabis Next businesses to submit monitoring data through manual data entry with approval from the office. new text end
Sec. 6.
new text begin [342.06] APPROVAL OF Previous CANNABIS Next FLOWER, PRODUCTS, AND CANNABINOIDS. new text end
new text begin (a) For the purposes of this section, "product category" means a type of product that may be sold in different sizes, distinct packaging, or at various prices but is still created using the same manufacturing or agricultural processes. A new or additional stock keeping unit (SKU) or Universal Product Code (UPC) shall not prevent a product from being considered the same type as another unit. All other terms have the meanings provided in section 342.01. new text end
new text begin (b) The office shall approve product categories of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for retail sale. new text end
new text begin (c) The office may establish limits on the total THC of Previous cannabis Next flower, Previous cannabis Next products, and hemp-derived consumer products. As used in this paragraph, "total THC" means the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of all tetrahydrocannabinols. new text end
new text begin (d) The office shall not approve any Previous cannabis Next product, lower-potency hemp edible, or hemp-derived consumer product that: new text end
new text begin (1) is or appears to be a lollipop or ice cream; new text end
new text begin (2) bears the likeness or contains characteristics of a real or fictional person, animal, or fruit; new text end
new text begin (3) is modeled after a type or brand of products primarily consumed by or marketed to children; new text end
new text begin (4) is substantively similar to a meat food product; poultry food product as defined in section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision 7; new text end
new text begin (5) contains a synthetic cannabinoid; new text end
new text begin (6) is made by applying a cannabinoid, including but not limited to an artificially derived cannabinoid, to a finished food product that does not contain cannabinoids and is sold to consumers, including but not limited to a candy or snack food; or new text end
new text begin (7) if the product is an edible Previous cannabis Next product or lower-potency hemp edible, contains an ingredient, other than a cannabinoid, that is not approved by the United States Food and Drug Administration for use in food. new text end
Sec. 7.
new text begin [342.07] AGRICULTURAL AND FOOD SAFETY PRACTICES; RULEMAKING. new text end
new text begin Subdivision 1. new text end
new text begin Plant propagation standards. new text end
new text begin In consultation with the commissioner of agriculture, the office by rule must establish certification, testing, and labeling requirements for the methods used to grow new Previous cannabis Next plants or hemp plants, including but not limited to growth from seed, clone, cutting, or tissue culture. new text end
new text begin Subd. 2. new text end
new text begin Agricultural best practices. new text end
new text begin In consultation with the commissioner of agriculture and representatives from the University of Minnesota Extension Service, the office shall establish best practices for: new text end
new text begin (1) the cultivation and preparation of Previous cannabis Next plants; and new text end
new text begin (2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation to growing Previous cannabis Next plants. new text end
new text begin Subd. 3. new text end
new text begin Edible cannabinoid product handler endorsement. new text end
new text begin (a) Any person seeking to manufacture, process, sell, handle, or store an edible Previous cannabis Next product or lower-potency hemp edible, other than an edible Previous cannabis Next product or lower-potency hemp edible that has been placed in its final packaging, must first obtain an edible cannabinoid product handler endorsement. new text end
new text begin (b) In consultation with the commissioner of agriculture, the office shall establish an edible cannabinoid product handler endorsement. new text end
new text begin (c) The office must regulate edible cannabinoid product handlers and assess penalties in the same manner provided for food handlers under chapters 28A, 31, and 34A and associated rules, with the following exceptions: new text end
new text begin (1) the office must issue an edible cannabinoid product handler endorsement, rather than a license; new text end
new text begin (2) eligibility for an edible cannabinoid product handler endorsement is limited to persons who possess a valid license issued by the office; new text end
new text begin (3) the office may not charge a fee for issuing or renewing the endorsement; new text end
new text begin (4) the office must align the term and renewal period for edible cannabinoid product handler endorsements with the term and renewal period of the license issued by the office; and new text end
new text begin (5) an edible Previous cannabis Next product or lower-potency hemp edible must not be considered adulterated solely because the product or edible contains tetrahydrocannabinol, Previous cannabis Next concentrate, hemp concentrate, artificially derived cannabinoids, or any other material extracted or derived from a Previous cannabis Next plant, Previous cannabis Next flower, hemp plant, or hemp plant parts. new text end
new text begin (d) The edible cannabinoid product handler endorsement must prohibit the manufacture of edible Previous cannabis Next products at the same premises where food is manufactured, except for the limited production of edible products produced solely for product development, sampling, or testing. This limitation does not apply to the manufacture of lower-potency hemp edibles. new text end
Sec. 8.
new text begin [342.08] ESTABLISHMENT OF ENVIRONMENTAL STANDARDS. new text end
new text begin Subdivision 1. new text end
new text begin Water standards. new text end
new text begin In consultation with the commissioner of the Pollution Control Agency, the office by rule must establish appropriate water standards for Previous cannabis Next businesses. new text end
new text begin Subd. 2. new text end
new text begin Energy use. new text end
new text begin In consultation with the commissioner of commerce, the office by rule must establish appropriate energy standards for Previous cannabis Next businesses. new text end
new text begin Subd. 3. new text end
new text begin Solid waste. new text end
new text begin In consultation with the commissioner of the Pollution Control Agency, the office by rule must establish appropriate solid waste standards for the disposal of: new text end
new text begin (1) Previous cannabis Next flower and Previous cannabis Next products; new text end
new text begin (2) packaging; new text end
new text begin (3) recyclable materials, including minimum requirements for the use of recyclable materials; and new text end
new text begin (4) other solid waste. new text end
new text begin Subd. 4. new text end
new text begin Odor. new text end
new text begin The office by rule must establish appropriate standards and requirements to limit odors produced by Previous cannabis Next businesses. new text end
new text begin Subd. 5. new text end
new text begin Applicability; federal, state, and local laws. new text end
new text begin A Previous cannabis Next business must comply with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to 4. new text end
new text begin Subd. 6. new text end
new text begin Rulemaking. new text end
new text begin (a) The office may only adopt a rule under this section if the rule is consistent with and at least as stringent as applicable state and federal laws related to the subjects of subdivisions 1 to 4. new text end
new text begin (b) The office must coordinate and consult with a department or agency of the state regarding the development and implementation of a rule under this section if the department or agency has expertise or a regulatory interest in the subject matter of the rule. new text end
Sec. 9.
new text begin [342.09] PERSONAL ADULT USE OF Previous CANNABIS Next . new text end
new text begin Subdivision 1. new text end
new text begin Personal adult use, possession, and transportation of Previous cannabis Next flower and cannabinoid products. new text end
new text begin (a) An individual 21 years of age or older may: new text end
new text begin (1) use, possess, or transport Previous cannabis Next paraphernalia; new text end
new text begin (2) possess or transport two ounces or less of adult-use Previous cannabis Next flower in a public place; new text end
new text begin (3) possess two pounds or less of adult-use Previous cannabis Next flower in the individual's private residence; new text end
new text begin (4) possess or transport eight grams or less of adult-use Previous cannabis Next concentrate; new text end
new text begin (5) possess or transport edible Previous cannabis Next products or lower-potency hemp edibles infused with a combined total of 800 milligrams or less of tetrahydrocannabinol; new text end
new text begin (6) give for no remuneration to an individual who is at least 21 years of age: new text end
new text begin (i) two ounces or less of adult-use Previous cannabis Next flower; new text end
new text begin (ii) eight grams or less of adult-use Previous cannabis Next concentrate; or new text end
new text begin (iii) an edible Previous cannabis Next product or lower-potency hemp edible infused with 800 milligrams or less of tetrahydrocannabinol; and new text end
new text begin (7) use adult-use Previous cannabis Next flower and adult-use Previous cannabis Next products in the following locations: new text end
new text begin (i) a private residence, including the individual's curtilage or yard; new text end
new text begin (ii) on private property, not generally accessible by the public, unless the individual is explicitly prohibited from consuming Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or new text end
new text begin (iii) on the premises of an establishment or event licensed to permit on-site consumption. new text end
new text begin (b) Except as provided in paragraph (c), an individual may not: new text end
new text begin (1) use, possess, or transport Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products if the individual is under 21 years of age; new text end
new text begin (2) use Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products in a motor vehicle as defined in section 169A.03, subdivision 15; new text end
new text begin (3) use Previous cannabis Next flower, Previous cannabis Next products, or hemp-derived consumer products in a manner that involves the inhalation of smoke, aerosol, or vapor at any location where smoking is prohibited under section 144.414; new text end
new text begin (4) use or possess Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products in a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E, including all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls; new text end
new text begin (5) use or possess Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products in a state correctional facility; new text end
new text begin (6) operate a motor vehicle while under the influence of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products; new text end
new text begin (7) give for no remuneration Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products to an individual under 21 years of age; new text end
new text begin (8) give for no remuneration Previous cannabis Next flower or Previous cannabis Next products as a sample or promotional gift if the giver is in the business of selling goods or services; or new text end
new text begin (9) vaporize or smoke Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, or vapor would be inhaled by a minor. new text end
new text begin (c) The prohibitions under paragraph (b), clauses (1) to (4), do not apply to use other than by smoking or by a vaporized delivery method, possession, or transportation of medical Previous cannabis Next flower or medical cannabinoid products by a patient; a registered designated caregiver; or a parent, legal guardian, or spouse of a patient. new text end
new text begin (d) A proprietor of a family or group family day care program must disclose to parents or guardians of children cared for on the premises of the family or group family day care program, if the proprietor permits the smoking or use of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products on the premises outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians. Previous Cannabis Next flower or Previous cannabis Next products must be inaccessible to children and stored away from food products. new text end
new text begin Subd. 2. new text end
new text begin Home cultivation of Previous cannabis Next for personal adult use. new text end
new text begin Up to eight Previous cannabis Next 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 Previous cannabis Next 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 end
new text begin Subd. 3. new text end
new text begin Home extraction of Previous cannabis Next concentrate by use of volatile solvent prohibited. new text end
new text begin No person may use a volatile solvent to separate or extract Previous cannabis Next concentrate or hemp concentrate without a Previous cannabis Next microbusiness, Previous cannabis Next mezzobusiness, Previous cannabis Next manufacturer, medical Previous cannabis Next processor, or lower-potency hemp edible manufacturer license issued under this chapter. new text end
new text begin Subd. 4. new text end
new text begin Sale of Previous cannabis Next flower and products prohibited. new text end
new text begin No person may sell Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products without a license issued under this chapter that authorizes the sale. new text end
new text begin Subd. 5. new text end
new text begin Importation of hemp-derived products. new text end
new text begin No person may import lower-potency hemp edibles or hemp-derived consumer products that are manufactured outside the boundaries of the state of Minnesota with the intent to sell the edibles or products to consumers within the state or to any other person or business that intends to sell the edibles or products to consumers within the state without a license issued under this chapter that authorizes the importation of such edibles or products. This subdivision does not apply to edibles or products lawfully purchased for personal use. new text end
new text begin Subd. 6. new text end
new text begin Violations; penalties. new text end
new text begin (a) In addition to penalties listed in this subdivision, a person who violates the provisions of this chapter is subject to any applicable criminal penalty. new text end
new text begin (b) The office may assess the following civil penalties on a person who sells Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products without a license issued under this chapter that authorizes the sale: new text end
new text begin (1) if the person sells up to two ounces of Previous cannabis Next flower, up to $3,000 or three times the retail market value of the Previous cannabis Next flower, whichever is greater; new text end
new text begin (2) if the person sells more than two ounces but not more than eight ounces of Previous cannabis Next flower, up to $10,000 or three times the retail market value of the Previous cannabis Next flower, whichever is greater; new text end
new text begin (3) if the person sells more than eight ounces but not more than one pound of Previous cannabis Next flower, up to $25,000 or three times the retail market value of the Previous cannabis Next flower, whichever is greater; new text end
new text begin (4) if the person sells more than one pound but not more than five pounds of Previous cannabis Next flower, up to $50,000 or three times the retail market value of the Previous cannabis Next flower, whichever is greater; new text end
new text begin (5) if the person sells more than five pounds but not more than 25 pounds of Previous cannabis Next flower, up to $100,000 or three times the retail market value of the Previous cannabis Next flower, whichever is greater; new text end
new text begin (6) if the person sells more than 25 pounds but not more than 50 pounds of Previous cannabis Next flower, up to $250,000 or three times the retail market value of the Previous cannabis Next flower, whichever is greater; and new text end
new text begin (7) if the person sells more than 50 pounds of Previous cannabis Next flower, up to $1,000,000 or three times the retail market value of the Previous cannabis Next flower, whichever is greater. new text end
new text begin (c) The office may assess the following civil penalties on a person who sells Previous cannabis Next concentrate without a license issued under this chapter that authorizes the sale: new text end
new text begin (1) if the person sells up to eight grams of Previous cannabis Next concentrate, up to $3,000 or three times the retail market value of the Previous cannabis Next concentrate, whichever is greater; new text end
new text begin (2) if the person sells more than eight grams but not more than 40 grams of Previous cannabis Next concentrate, up to $10,000 or three times the retail market value of the Previous cannabis Next concentrate, whichever is greater; new text end
new text begin (3) if the person sells more than 40 grams but not more than 80 grams of Previous cannabis Next concentrate, up to $25,000 or three times the retail market value of the Previous cannabis Next concentrate, whichever is greater; new text end
new text begin (4) if the person sells more than 80 grams but not more than 400 grams of Previous cannabis Next concentrate, up to $50,000 or three times the retail market value of the Previous cannabis Next concentrate, whichever is greater; new text end
new text begin (5) if the person sells more than 400 grams but not more than two kilograms of Previous cannabis Next concentrate, up to $100,000 or three times the retail market value of the Previous cannabis Next concentrate, whichever is greater; new text end
new text begin (6) if the person sells more than two kilograms but not more than four kilograms of Previous cannabis Next concentrate, up to $250,000 or three times the retail market value of the Previous cannabis Next concentrate, whichever is greater; and new text end
new text begin (7) if the person sells more than four kilograms of Previous cannabis Next concentrate, up to $1,000,000 or three times the retail market value of the Previous cannabis Next concentrate, whichever is greater. new text end
new text begin (d) The office may assess the following civil penalties on a person who imports or sells products infused with tetrahydrocannabinol without a license issued under this chapter that authorizes the importation or sale: new text end
new text begin (1) if the person imports or sells products infused with up to 800 milligrams of tetrahydrocannabinol, up to $3,000 or three times the retail market value of the infused product, whichever is greater; new text end
new text begin (2) if the person imports or sells products infused with a total of more than 800 milligrams but not more than four grams of tetrahydrocannabinol, up to $10,000 or three times the retail market value of the infused product, whichever is greater; new text end
new text begin (3) if the person imports or sells products infused with a total of more than four grams but not more than eight grams of tetrahydrocannabinol, up to $25,000 or three times the retail market value of the infused product, whichever is greater; new text end
new text begin (4) if the person imports or sells products infused with a total of more than eight grams but not more than 40 grams of tetrahydrocannabinol, up to $50,000 or three times the retail market value of the infused product, whichever is greater; new text end
new text begin (5) if the person imports or sells products infused with a total of more than 40 grams but not more than 200 grams of tetrahydrocannabinol, up to $100,000 or three times the retail market value of the infused product, whichever is greater; new text end
new text begin (6) if the person imports or sells products infused with a total of more than 200 grams but not more than 400 grams of tetrahydrocannabinol, up to $250,000 or three times the retail market value of the infused product, whichever is greater; and new text end
new text begin (7) if the person imports or sells products infused with a total of more than 400 grams of tetrahydrocannabinol, up to $1,000,000 or three times the retail market value of the infused product, whichever is greater. new text end
new text begin (e) The office may assess a civil penalty of up to $500 for each plant grown in excess of the limit on a person who grows more than eight Previous cannabis Next plants or more than four mature, flowering plants, without a license to cultivate Previous cannabis Next issued under this chapter. new text end
Sec. 10.
new text begin [342.10] LICENSES; TYPES. new text end
new text begin The office shall issue the following types of license: new text end
new text begin (1) Previous cannabis Next microbusiness; new text end
new text begin (2) Previous cannabis Next mezzobusiness; new text end
new text begin (3) Previous cannabis Next cultivator; new text end
new text begin (4) Previous cannabis Next manufacturer; new text end
new text begin (5) Previous cannabis Next retailer; new text end
new text begin (6) Previous cannabis Next wholesaler; new text end
new text begin (7) Previous cannabis Next transporter; new text end
new text begin (8) Previous cannabis Next testing facility; new text end
new text begin (9) Previous cannabis Next event organizer; new text end
new text begin (10) Previous cannabis Next delivery service; new text end
new text begin (11) lower-potency hemp edible manufacturer; new text end
new text begin (12) lower-potency hemp edible retailer; new text end
new text begin (13) medical Previous cannabis Next cultivator; new text end
new text begin (14) medical Previous cannabis Next processor; new text end
new text begin (15) medical Previous cannabis Next retailer; or new text end
new text begin (16) medical Previous cannabis Next combination business. new text end
Sec. 11.
new text begin [342.11] LICENSES; FEES. new text end
new text begin (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. new text end
new text begin (b) Application and licensing fees shall be as follows: new text end
new text begin (1) for a Previous cannabis Next microbusiness: new text end
new text begin (i) an application fee of $500; new text end
new text begin (ii) an initial license fee of $0; and new text end
new text begin (iii) a renewal license fee of $2,000; new text end
new text begin (2) for a Previous cannabis Next mezzobusiness: new text end
new text begin (i) an application fee of $5,000; new text end
new text begin (ii) an initial license fee of $5,000; and new text end
new text begin (iii) a renewal license fee of $10,000; new text end
new text begin (3) for a Previous cannabis Next cultivator: new text end
new text begin (i) an application fee of $10,000; new text end
new text begin (ii) an initial license fee of $20,000; and new text end
new text begin (iii) a renewal license fee of $30,000; new text end
new text begin (4) for a Previous cannabis Next manufacturer: new text end
new text begin (i) an application fee of $10,000; 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 $20,000; new text end
new text begin (5) for a Previous cannabis Next retailer: new text end
new text begin (i) an application fee of $2,500; new text end
new text begin (ii) an initial license fee of $2,500; and new text end
new text begin (iii) a renewal license fee of $5,000; new text end
new text begin (6) for a Previous cannabis Next wholesaler: new text end
new text begin (i) an application fee of $5,000; new text end
new text begin (ii) an initial license fee of $5,000; and new text end
new text begin (iii) a renewal license fee of $10,000; new text end
new text begin (7) for a Previous cannabis Next transporter: new text end
new text begin (i) an application fee of $250; new text end
new text begin (ii) an initial license fee of $500; and new text end
new text begin (iii) a renewal license fee of $1,000; new text end
new text begin (8) for a Previous cannabis Next testing facility: new text end
new text begin (i) an application fee of $5,000; new text end
new text begin (ii) an initial license fee of $5,000; and new text end
new text begin (iii) a renewal license fee of $10,000; new text end
new text begin (9) for a Previous cannabis Next delivery service: new text end
new text begin (i) an application fee of $250; new text end
new text begin (ii) an initial license fee of $500; and new text end
new text begin (iii) a renewal license fee of $1,000; new text end
new text begin (10) for a Previous cannabis Next event organizer: new text end
new text begin (i) an application fee of $750; and new text end
new text begin (ii) an initial license fee of $750; new text end
new text begin (11) for a lower-potency hemp edible manufacturer: new text end
new text begin (i) an application fee of $250; new text end
new text begin (ii) an initial license fee of $1,000; and new text end
new text begin (iii) a renewal license fee of $1,000; new text end
new text begin (12) for a lower-potency hemp edible retailer: new text end
new text begin (i) an application fee of $250 per retail location; new text end
new text begin (ii) an initial license fee of $250 per retail location; and new text end
new text begin (iii) a renewal license fee of $250 per retail location; new text end
new text begin (13) for a medical Previous cannabis Next cultivator: new text end
new text begin (i) an application fee of $250; new text end
new text begin (ii) an initial license fee of $0; and new text end
new text begin (iii) a renewal license fee of $0; new text end
new text begin (14) for a medical Previous cannabis Next processor: new text end
new text begin (i) an application fee of $250; new text end
new text begin (ii) an initial license fee of $0; and new text end
new text begin (iii) a renewal license fee of $0; new text end
new text begin (15) for a medical Previous cannabis Next retailer: new text end
new text begin (i) an application fee of $250; new text end
new text begin (ii) an initial license fee of $0; and new text end
new text begin (iii) a renewal license fee of $0; and new text end
new text begin (16) for a medical Previous cannabis Next combination business: new text end
new text begin (i) an application fee of $10,000; new text end
new text begin (ii) an initial license fee of $20,000; and new text end
new text begin (iii) a renewal license fee of $70,000. new text end
Sec. 12.
new text begin [342.12] LICENSES; TRANSFERS; ADJUSTMENTS. new text end
new text begin (a) Licenses issued under this chapter may be freely transferred subject to the prior written approval of the office, which approval may be given or withheld in the office's sole discretion, provided that a social equity applicant may only transfer the applicant's license to another social equity applicant. A new license must be obtained when: new text end
new text begin (1) the form of the licensee's legal business structure converts or changes to a different type of legal business structure; or new text end
new text begin (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. new text end
new text begin (b) Transfers between social equity applicants must be reviewed by the Division of Social Equity. new text end
new text begin (c) Licenses must be renewed annually. new text end
new text begin (d) License holders may petition the office to adjust the tier of a license issued within a license category provided that the license holder meets all applicable requirements. new text end
new text begin (e) The office by rule may permit relocation of a licensed Previous cannabis Next business, adopt requirements for the submission of a license relocation application, establish standards for the approval of a relocation application, and charge a fee not to exceed $250 for reviewing and processing applications. Relocation of a licensed premises pursuant to this paragraph does not extend or otherwise modify the license term of the license subject to relocation. new text end
Sec. 13.
new text begin [342.13] LOCAL CONTROL. new text end
new text begin (a) A local unit of government may not prohibit the possession, transportation, or use of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products authorized under this chapter. new text end
new text begin (b) Except as provided in section 342.22, a local unit of government may not prohibit the establishment or operation of a Previous cannabis Next business licensed under this chapter. new text end
new text begin (c) A local unit of government may adopt reasonable restrictions on the time, place, and manner of the operation of a Previous cannabis Next business provided that such restrictions do not prohibit the establishment or operation of Previous cannabis Next businesses. A local unit of government may prohibit the operation of a Previous cannabis Next 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. new text end
new text begin (d) The office shall work with local units of government to: new text end
new text begin (1) develop model ordinances for reasonable restrictions on the time, place, and manner of the operation of a Previous cannabis Next business; new text end
new text begin (2) develop standardized forms and procedures for the issuance of a retail registration pursuant to section 342.22; and new text end
new text begin (3) develop model policies and procedures for the performance of compliance checks required under section 342.22. new text end
new text begin (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 Previous cannabis Next 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 Previous cannabis Next business within the jurisdiction or a portion thereof until January 1, 2025. new text end
new text begin (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 Previous cannabis Next 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 a Previous cannabis Next business does not meet local zoning and land use laws. new text end
new text begin (g) Upon receipt of an application for a license issued under this chapter, the office shall contact the local unit of government in which the business would be located and provide the local unit of government with 30 days in which to provide input on the application. The local unit of government may provide the office with any additional information it believes is relevant to the office's decision on whether to issue a license, including but not limited to identifying concerns about the proposed location of a Previous cannabis Next business, or sharing public information about an applicant. new text end
new text begin (h) The office by rule shall establish an expedited complaint process to receive, review, and respond to complaints made by a local unit of government about a Previous cannabis Next business. Complaints may include alleged violations of local ordinances or other alleged violations. At a minimum, the expedited complaint process shall require the office to provide an initial response to the complaint within seven days and perform any necessary inspections within 30 days. Nothing in this paragraph prohibits a local unit of government from enforcing a local ordinance. If a local unit of government notifies the office that a Previous cannabis Next business other than a Previous cannabis Next retailer, Previous cannabis Next microbusiness with a retail operations endorsement, Previous cannabis Next mezzobusiness, lower-potency hemp edible retailer, medical Previous cannabis Next retailer, or medical Previous cannabis Next combination business 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. new text end
new text begin (i) A local government unit that issues Previous cannabis Next retailer registration under section 342.22 may, by ordinance, limit the number of licensed Previous cannabis Next retailers, Previous cannabis Next mezzobusinesses with a retail operations endorsement, and Previous cannabis Next microbusinesses with a retail operations endorsement to no fewer than one registration for every 12,500 residents. new text end
new text begin (j) 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 Previous cannabis Next business. new text end
new text begin (k) Nothing in this section shall prohibit a local government unit from allowing licensed Previous cannabis Next retailers in excess of the minimums set in paragraph (i). new text end
new text begin (l) Notwithstanding the foregoing provisions, the state shall not issue a license to any Previous cannabis Next 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 end
Sec. 14.
new text begin [342.14] Previous CANNABIS Next LICENSE APPLICATION AND RENEWAL. new text end
new text begin Subdivision 1. new text end
new text begin Application; contents. new text end
new text begin (a) The office by rule shall establish forms and procedures for the processing of Previous cannabis Next licenses issued under this chapter. At a minimum, any application to obtain or renew a Previous cannabis Next license shall include the following information, if applicable: new text end
new text begin (1) the name, address, and date of birth of the applicant; new text end
new text begin (2) the disclosure of ownership and control required under paragraph (b); new text end
new text begin (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; new text end
new text begin (4) the address and legal property description of the business; new text end
new text begin (5) a general description of the location or locations that the applicant plans to operate, including the planned square feet of planned space for cultivation, wholesaling, and retailing, as applicable; new text end
new text begin (6) a copy of the security plan; new text end
new text begin (7) proof of trade name registration; new text end
new text begin (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; new text end
new text begin (9) an attestation signed by a bona fide labor organization stating that the applicant has entered into a labor peace agreement; new text end
new text begin (10) certification that the applicant will comply with the requirements of this chapter relating to the ownership and operation of a Previous cannabis Next business; new text end
new text begin (11) 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 new text end
new text begin (12) a statement that the applicant agrees to respond to the office's supplemental requests for information. new text end
new text begin (b) An applicant must file and update as necessary a disclosure of ownership and control. The office by rule shall establish the contents and form of the disclosure. Except as provided in paragraph (f), the disclosure shall, at a minimum, include the following: new text end
new text begin (1) the management structure, ownership, and control of the applicant or license holder, including the name of each cooperative member, officer, director, manager, general partner or business entity; the office or position held by each person; each person's percentage ownership interest, if any; and, if the business has a parent company, the name of each owner, board member, and officer of the parent company and the owner's, board member's, or officer's percentage ownership interest in the parent company and the Previous cannabis Next business; new text end
new text begin (2) a statement from the applicant and, if the applicant is a business, from every officer, director, manager, and general partner of the business, indicating whether that person has previously held, or currently holds, an ownership interest in a Previous cannabis Next business in Minnesota, any other state or territory of the United States, or any other country; new text end
new text begin (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; new text end
new text begin (4) copies of any partnership agreement, operating agreement, or shareholder agreement; new text end
new text begin (5) copies of any promissory notes, security instruments, or other similar agreements; new text end
new text begin (6) an explanation detailing the funding sources used to finance the business; new text end
new text begin (7) a list of operating and investment accounts for the business, including any applicable financial institution and account number; and new text end
new text begin (8) a list of each outstanding loan and financial obligation obtained for use in the business, including the loan amount, loan terms, and name and address of the creditor. new text end
new text begin (c) An application may include: new text end
new text begin (1) proof that the applicant is a social equity applicant; new text end
new text begin (2) a description of the training and education that will be provided to any employee; or new text end
new text begin (3) a copy of business policies governing operations to ensure compliance with this chapter. new text end
new text begin (d) Commitments made by an applicant in its application, including but not limited to the maintenance of a labor peace agreement, shall be an ongoing material condition of maintaining and renewing the license. new text end
new text begin (e) An application on behalf of a corporation or association shall be signed by at least two officers or managing agents of that entity. new text end
new text begin (f) The office may, by rule, 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. new text end
new text begin Subd. 2. new text end
new text begin Application; process. new text end
new text begin (a) An applicant must submit all required information to the office on the forms and in the manner prescribed by the office. new text end
new text begin (b) If the office receives an application that fails to provide the required information, the office shall issue a deficiency notice to the applicant. The applicant shall have ten business days from the date of the deficiency notice to submit the required information. new text end
new text begin (c) Failure by an applicant to submit all required information will result in the application being rejected. new text end
new text begin (d) Upon receipt of a completed application and fee, the office shall forward a copy of the application to the local unit of government in which the business operates or intends to operate with a form for certification as to whether a proposed Previous cannabis Next business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code. new text end
new text begin (e) Within 90 days of receiving a completed application and the results of any required criminal history check, the office shall issue the appropriate license or send the applicant a notice of rejection setting forth specific reasons that the office did not approve the application. new text end
Sec. 15.
new text begin [342.15] ADULT-USE Previous CANNABIS Next BUSINESS; CRIMINAL HISTORY CHECK AND DISQUALIFICATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Criminal history check. new text end
new text begin (a) Upon request by the office, every license applicant or, in the case of a business entity, every cooperative member or director, manager, and general partner of the business entity, for a Previous cannabis Next business license, or in the case of a business entity, every cooperative member or director, manager, and general partner of the business entity, and prospective Previous cannabis Next worker must submit a completed criminal history records check consent form, a full set of classifiable fingerprints, and the required fees to the office. Upon receipt of this information, the office must submit the completed criminal history records check consent form, full set of classifiable fingerprints, and required fees to the Bureau of Criminal Apprehension. After receiving this information, the bureau must conduct a Minnesota criminal history records check of the license applicant or prospective Previous cannabis Next worker. The bureau may exchange a license applicant's or prospective Previous cannabis Next worker's fingerprints with the Federal Bureau of Investigation to obtain the license applicant's or prospective Previous cannabis Next worker's national criminal history record information. The bureau must return the results of the Minnesota and federal criminal history records checks to the office to determine if the license applicant or prospective Previous cannabis Next worker is disqualified under rules adopted pursuant to this section. new text end
new text begin (b) The office may, by rule, establish exceptions to the requirement under paragraph (a) for members of a cooperative who hold less than a five percent ownership interest in the cooperative. new text end
new text begin Subd. 2. new text end
new text begin Criminal offenses; disqualifications. new text end
new text begin The office may by rule determine whether any felony convictions shall disqualify a person from holding or receiving a Previous cannabis Next business license issued under this chapter or working for a Previous cannabis Next business, and the length of any such disqualification. In adopting rules pursuant to this subdivision, the office shall not disqualify a person for a violation of section 152.025. new text end
new text begin Subd. 3. new text end
new text begin Risk of harm; set aside. new text end
new text begin The office may set aside a disqualification under subdivision 2 if the office finds that the person has submitted sufficient information to demonstrate that the person does not pose a risk of harm to any person served by the applicant, license holder, or other entities as provided in this chapter. new text end
new text begin Subd. 4. new text end
new text begin Exception. new text end
new text begin The background check requirements and disqualifications under this section do not apply to an applicant for a hemp business license or to hemp workers. new text end
Sec. 16.
new text begin [342.16] Previous CANNABIS Next BUSINESSES; GENERAL OWNERSHIP DISQUALIFICATIONS AND REQUIREMENTS. new text end
new text begin (a) A license holder or applicant must meet each of the following requirements, if applicable, to hold or receive a Previous cannabis Next license issued under this chapter: new text end
new text begin (1) be at least 21 years of age; new text end
new text begin (2) have completed an application for licensure or application for renewal; new text end
new text begin (3) have paid the applicable application fee and license fee; new text end
new text begin (4) if the applicant or license holder is a business entity, be incorporated in the state or otherwise formed or organized under the laws of the state; new text end
new text begin (5) not be employed by the office or any state agency with regulatory authority under this chapter or the rules adopted pursuant to this chapter; new text end
new text begin (6) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph (c); new text end
new text begin (7) never have had a license previously issued under this chapter revoked; new text end
new text begin (8) have filed any previously required tax returns for a Previous cannabis Next business; new text end
new text begin (9) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties due relating to the operation of a Previous cannabis Next business; new text end
new text begin (10) have fully and truthfully complied with all information requests of the office relating to license application and renewal; new text end
new text begin (11) not be disqualified under section 342.15; new text end
new text begin (12) not employ an individual who is disqualified from working for a Previous cannabis Next business under this chapter; and new text end
new text begin (13) meet the ownership and operational requirements for the type of license and, if applicable, endorsement sought or held. new text end
new text begin (b) A health care practitioner who certifies qualifying medical conditions for patients is prohibited from: new text end
new text begin (1) holding a direct or indirect economic interest in a Previous cannabis Next business; new text end
new text begin (2) serving as a cooperative member, director, manager, general partner, or employee of a Previous cannabis Next business; or new text end
new text begin (3) advertising with a Previous cannabis Next business in any way. new text end
new text begin (c) If the license holder or applicant is a business entity, every officer, director, manager, and general partner of the business entity must meet each of the requirements of this section. new text end
new text begin (d) The ownership disqualifications and requirements under this section do not apply to a hemp business license holder or applicant. new text end
Sec. 17.
new text begin [342.17] SOCIAL EQUITY APPLICANTS. new text end
new text begin (a) An applicant qualifies as a social equity applicant if the applicant: new text end
new text begin (1) was convicted of an offense involving the possession or sale of Previous cannabis Next or marijuana prior to May 1, 2023; new text end
new text begin (2) had a parent, guardian, child, spouse, or dependent who was convicted of an offense involving the possession or sale of Previous cannabis Next or marijuana prior to May 1, 2023; new text end
new text begin (3) was a dependent of an individual who was convicted of an offense involving the possession or sale of Previous cannabis Next or marijuana prior to May 1, 2023; new text end
new text begin (4) is a service-disabled veteran, current or former member of the national guard, or any 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 marijuana; new text end
new text begin (5) has been a resident for the last five years of one or more subareas, such as census tracts or neighborhoods, that experienced a disproportionately large amount of Previous cannabis Next enforcement as determined by the study conducted by the office pursuant to section 342.04, paragraph (b), and reported in the preliminary report, final report, or both; new text end
new text begin (6) is an emerging farmer as defined in section 17.055, subdivision 1; or new text end
new text begin (7) has been a resident for the last five years of one or more census tracts where, as reported in the most recently completed decennial census published by the United States Bureau of the Census, either: new text end
new text begin (i) the poverty rate was 20 percent or more; or new text end
new text begin (ii) the median family income did not exceed 80 percent of statewide median family income or, if in a metropolitan area, did not exceed the greater of 80 percent of the statewide median family income or 80 percent of the median family income for that metropolitan area. new text end
new text begin (b) The qualifications described in paragraph (a) apply to each individual applicant or, in the case of a business entity, every cooperative member or director, manager, and general partner of the business entity. new text end
Sec. 18.
new text begin [342.18] LICENSE SELECTION CRITERIA. new text end
new text begin Subdivision 1. new text end
new text begin Market stability. new text end
new text begin The office shall issue the necessary number of licenses in order to ensure the sufficient supply of Previous cannabis Next flower and Previous cannabis Next products to meet demand, provide market stability, ensure a competitive market, and limit the sale of unregulated Previous cannabis Next flower and Previous cannabis Next products. new text end
new text begin Subd. 2. new text end
new text begin Vertical integration prohibited; exceptions. new text end
new text begin (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. new text end
new text begin (b) Nothing in this section prohibits or limits the issuance of microbusiness licenses or mezzobusiness licenses, or the issuance of both lower-potency hemp edible manufacturer and lower-potency hemp edible retailer licenses to the same person or entity. new text end
new text begin Subd. 3. new text end
new text begin Application score; license priority. new text end
new text begin (a) The office shall award points to each completed application for a license to operate a Previous cannabis Next business in the following categories: new text end
new text begin (1) status as a social equity applicant or as an applicant who is substantially similar to a social equity applicant as described in paragraph (c); new text end
new text begin (2) status as a veteran or retired national guard applicant who does not meet the definition of social equity applicant; new text end
new text begin (3) security and record keeping; new text end
new text begin (4) employee training plan; new text end
new text begin (5) business plan and financial situation; new text end
new text begin (6) labor and employment practices; new text end
new text begin (7) knowledge and experience; and new text end
new text begin (8) environmental plan. new text end
new text begin (b) The office may award additional points to an application if the license holder would expand service to an underrepresented market, including but not limited to participation in the medical Previous cannabis Next program. new text end
new text begin (c) The office shall establish application materials permitting individual applicants to demonstrate the impact that Previous cannabis Next prohibition has had on that applicant, including but not limited to the arrest or imprisonment of the applicant or a member of the applicant's immediate family, and the office may award points to such applicants in the same manner as points are awarded to social equity applicants. new text end
new text begin (d) The office shall establish policies and guidelines, which must be made available to the public, regarding the number of points available in each category and the basis for awarding those points. Status as a social equity applicant must account for at least 20 percent of the total available points. In determining the number of points to award to a cooperative or business applying as a social equity applicant, the office shall consider the number or ownership percentage of cooperative members, officers, directors, managers, and general partners who qualify as social equity applicants. new text end
new text begin (e) Consistent with the goals identified in subdivision 1, the office shall issue licenses in each license category, giving priority to applicants who receive the highest score under paragraphs (a) and (b). If there are insufficient licenses available for entities that receive identical scores, the office shall utilize a lottery to randomly select license recipients from among those entities. new text end
Sec. 19.
new text begin [342.19] INSPECTION; LICENSE VIOLATIONS; PENALTIES. new text end
new text begin Subdivision 1. new text end
new text begin Authority to inspect. new text end
new text begin (a) In order to carry out the purposes of this chapter, the office, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized to: new text end
new text begin (1) enter any Previous cannabis Next business or hemp business without delay and at reasonable times; new text end
new text begin (2) inspect and investigate during regular working hours and at other reasonable times, within reasonable limits and in a reasonable manner, any Previous cannabis Next business or hemp business and all relevant conditions, equipment, records, and materials therein; and new text end
new text begin (3) question privately any employer, owner, operator, agent, or employee of a Previous cannabis Next business or hemp business. new text end
new text begin (b) An employer, owner, operator, agent, or employee must not refuse the office entry or otherwise deter or prohibit the office from taking action under paragraph (a). new text end
new text begin Subd. 2. new text end
new text begin Powers of office. new text end
new text begin (a) In making inspections and investigations under this chapter, the office shall have the power to administer oaths, certify as to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses and production of papers, books, documents, records, and testimony. In case of failure of any person to comply with any subpoena lawfully issued, or on the refusal of any witness to produce evidence or to testify to any matter regarding which the person may be lawfully interrogated, the district court shall, upon application of the office, compel obedience proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein. new text end
new text begin (b) If the office finds probable cause to believe that any Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product is being distributed in violation of this chapter or rules adopted under this chapter, the office shall affix to the item a tag, withdrawal from distribution order, or other appropriate marking providing notice that the Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product is, or is suspected of being, distributed in violation of this chapter, and has been detained or embargoed, and warning all persons not to remove or dispose of the item by sale or otherwise until permission for removal or disposal is given by the office or the court. It is unlawful for a person to remove or dispose of detained or embargoed Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product by sale or otherwise without the office's or a court's permission and each transaction is a separate violation of this section. new text end
new text begin (c) If any Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product has been found by the office to be in violation of this chapter, the office shall petition the district court in the county in which the item is detained or embargoed for an order and decree for the condemnation of the item. The office shall release the Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product when this chapter and rules adopted under this chapter have been complied with or the item is found not to be in violation of this chapter or rules adopted under this chapter. new text end
new text begin (d) If the court finds that the detained or embargoed Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product is in violation of this chapter or rules adopted under this chapter, the following remedies are available: new text end
new text begin (1) after entering a decree, the Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product may be destroyed at the expense of the claimant under the supervision of the office, and all court costs, fees, storage, and other proper expenses must be assessed against the claimant of the Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product or the claimant's agent; and new text end
new text begin (2) if the violation can be corrected by proper labeling or processing of the Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product, the court, after entry of the decree and after costs, fees, and expenses have been paid, and a good and sufficient bond conditioned that the Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product must be properly labeled or processed has been executed, may by order direct that the Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product be delivered to the claimant for proper labeling or processing under the supervision of the office. The office's supervision expenses must be paid by the claimant. The Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product must be returned to the claimant and the bond must be discharged on representation to the court by the office that the Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product is no longer in violation and that the office's supervision expenses have been paid. new text end
new text begin (e) If the office finds in any room, building, piece of equipment, vehicle of transportation, or other structure any Previous cannabis Next plant, Previous cannabis Next flower, Previous cannabis Next product, artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived consumer product that is unsound or contains any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the office shall condemn or destroy the item or in any other manner render the item as unsalable, and no one has any cause of action against the office on account of the office's action. new text end
new text begin (f) The office may enter into an agreement with the commissioner of agriculture to analyze and examine samples or other articles furnished by the office for the purpose of determining whether the sample or article violates this chapter or rules adopted under this chapter. A copy of the examination or analysis report for any such article, duly authenticated under oath by the laboratory analyst making the determination or examination, shall be prima facie evidence in all courts of the matters and facts contained in the report. new text end
new text begin Subd. 3. new text end
new text begin Aiding of inspection. new text end
new text begin Subject to rules issued by the office, a representative of a Previous cannabis Next business or hemp business shall be given an opportunity to accompany the office during the physical inspection of any Previous cannabis Next business or hemp business for the purpose of aiding such inspection. new text end
new text begin Subd. 4. new text end
new text begin Complaints and reports; priority of inspection. new text end
new text begin (a) The office may conduct inspections of any licensed Previous cannabis Next business or hemp business at any time to ensure compliance with the ownership and operation requirements of this chapter. new text end
new text begin (b) Any person may report a suspected violation of a safety or health standard. If upon receipt of such notification the office determines that there are reasonable grounds to believe that such violation or danger exists, the office shall make a special inspection as soon as practicable to determine if such danger or violation exists. new text end
new text begin (c) The office shall prioritize inspections of Previous cannabis Next businesses and hemp businesses where there are reasonable grounds to believe that a violation poses imminent danger to the public or customers. Inspections must take place within one business day of the receipt of a credible report. new text end
new text begin (d) The office shall promptly inspect Previous cannabis Next businesses and hemp businesses that are the subject of complaint by a local unit of government. new text end
new text begin Subd. 5. new text end
new text begin Violations; administrative orders and penalties. new text end
new text begin (a) The office may issue an administrative order to any licensed Previous cannabis Next business or hemp business that the office determines has committed a violation of this chapter or rules adopted pursuant to this chapter. The administrative order may require the business to correct the violation or to cease and desist from committing the violation. The order must state the deficiencies that constitute the violation and the time by which the violation must be corrected. If the business believes that the information in the administrative order is in error, the business may ask the office to consider the parts of the order that are alleged to be in error. The request must be in writing, delivered to the office by certified mail within seven days after receipt of the order, and provide documentation to support the allegation of error. The office must respond to a request for reconsideration within 15 days after receiving the request. A request for reconsideration does not stay the correction order unless the office issues a supplemental order granting additional time. The office's disposition of a request for reconsideration is final. new text end
new text begin (b) For each violation of this chapter or rules adopted pursuant to this chapter, the office may issue to each Previous cannabis Next business or hemp business a monetary penalty of up to $10,000, an amount that deprives the business of any economic advantage gained by the violation, or both. new text end
new text begin (c) An administrative penalty may be recovered in a civil action in the name of the state brought in the district court of the county where the violation is alleged to have occurred or the district court where the office is housed. new text end
new text begin (d) In addition to penalties listed in this subdivision, a person or business who violates the provisions of this chapter is subject to any applicable criminal penalty. new text end
Sec. 20.
new text begin [342.20] DATA PRACTICES. new text end
new text begin Subdivision 1. new text end
new text begin Not public data. new text end
new text begin The following data collected, created, or maintained by the office are classified as nonpublic data, as defined by section 13.02, subdivision 9, or as private data on individuals, as defined by section 13.02, subdivision 12: new text end
new text begin (1) application data submitted by an applicant for a Previous cannabis Next business license or hemp business license, other than the data listed in subdivision 2; new text end
new text begin (2) the identity of a complainant who has made a report concerning a license holder or an applicant that appears in inactive investigative data unless the complainant consents to the disclosure; new text end
new text begin (3) data identifying retail or wholesale customers of a Previous cannabis Next business or hemp business; and new text end
new text begin (4) data identifying Previous cannabis Next workers or hemp workers. new text end
new text begin Subd. 2. new text end
new text begin Public data on license applicants. new text end
new text begin (a) The following application data submitted by an applicant for a Previous cannabis Next business license or hemp business license are public data: new text end
new text begin (1) the applicant's name and designated address; new text end
new text begin (2) data disclosing the ownership and control of the applicant; new text end
new text begin (3) proof of trade name registration; new text end
new text begin (4) data showing the legal possession of the premises where the business will operate; new text end
new text begin (5) data describing whether volatile chemicals will be used in any methods of extraction or concentration; new text end
new text begin (6) environmental plans; new text end
new text begin (7) the type and number of other Previous cannabis Next business licenses or hemp business licenses held by the applicant; and new text end
new text begin (8) the name, address, location, dates, and hours of where any proposed Previous cannabis Next event will take place. new text end
new text begin (b) Scoring and other data generated by the office in its review of an applicant for a Previous cannabis Next business license or hemp business license are public data. new text end
new text begin Subd. 3. new text end
new text begin Public application data on license holders. new text end
new text begin Once an applicant for a Previous cannabis Next business license or hemp business license becomes a license holder, all of the application data that the license holder had previously submitted to the office are public data except that the following data remain classified as nonpublic data or private data on individuals: new text end
new text begin (1) data identifying retail or wholesale customers of a Previous cannabis Next business or hemp business; new text end
new text begin (2) data identifying Previous cannabis Next workers or hemp workers; new text end
new text begin (3) tax returns, bank account statements, and other financial account information; new text end
new text begin (4) business plans; and new text end
new text begin (5) data classified as nonpublic data or private data on individuals by chapter 13 or other applicable law. new text end
new text begin Subd. 4. new text end
new text begin Civil investigative data. new text end
new text begin Data collected or maintained by the office as part of an active investigation undertaken for the purpose of the commencement or defense of a pending civil legal action, or that are retained in anticipation of a pending civil legal action, must be subject to section 13.39. new text end
new text begin Subd. 5. new text end
new text begin Data practices administration. new text end
new text begin (a) The office must establish written procedures to ensure that only individuals authorized by law may enter, update, or access data maintained by the office and classified as nonpublic or private data on individuals. An authorized individual's ability to enter, update, or access not public data must correspond to the official duties or training level of the individual and to the statutory authorization granting access for that purpose. All queries and responses, and all actions in which not public data are entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in the audit trail have the same classification as the underlying data tracked by the audit trail. new text end
new text begin (b) The office must not share data classified as nonpublic or private data on individuals under this section or other data identifying an individual applicant or license holder with any federal agency, federal department, or federal entity unless specifically ordered to do so by a state or federal court. new text end
new text begin (c) The office must arrange for an independent audit to verify compliance with this section. The audit must be completed annually for the first two years following establishment of the office and biennially thereafter. The results of the audit are public. No later than 30 days following completion of the audit, the office must provide a report summarizing the audit results to the chairs and ranking minority members of the committees and divisions of the house of representatives and the senate with jurisdiction over commerce and data practices, and the Legislative Commission on Data Practices and Personal Data Privacy. The report must be submitted as required under section 3.195, except that printed copies are not required. new text end
Sec. 21.
new text begin [342.21] LICENSE SUSPENSION OR REVOCATION; HEARING. new text end
new text begin Subdivision 1. new text end
new text begin License revocation and nonrenewal. new text end
new text begin The office may revoke or not renew a license when the office has cause to believe that a Previous cannabis Next business or hemp business has violated an ownership or operational requirement in this chapter or rules adopted pursuant to this chapter. The office must notify the license holder in writing, specifying the grounds for revocation or nonrenewal and fixing a time of at least 20 days thereafter for a hearing on the matter. new text end
new text begin Subd. 2. new text end
new text begin Hearing; written findings. new text end
new text begin (a) Before the office revokes or does not renew a license, the office must provide the license holder with a statement of the complaints made against the license holder, and the office must hold a hearing to determine whether the office should revoke the license or deny renewal of the license. The license holder shall receive notice at least 20 days before the date of the hearing and notice may be served either by certified mail addressed to the address of the license holder as shown in the license application or in the manner provided by law for the service of a summons. At the time and place fixed for the hearing, the office, or any office employee or agent authorized by the office to conduct the hearing, shall receive evidence, administer oaths, and examine witnesses. new text end
new text begin (b) After the hearing held pursuant to paragraph (a), or upon the failure of the license holder to appear at the hearing, the office must take action as is deemed advisable and issue written findings that the office must mail to the license holder. An action of the office under this paragraph is subject to judicial review pursuant to chapter 14. new text end
new text begin Subd. 3. new text end
new text begin Temporary suspension. new text end
new text begin The office may temporarily, without hearing, suspend the license and operating privilege of any business licensed under this chapter for up to 90 days if continuing the operation of the business would threaten the health or safety of any person. The office may extend the period for an additional 90 days if the office notified the business that the office intends to revoke or not renew a license and the hearing required under subdivision 2 has not taken place. new text end
Sec. 22.
new text begin [342.22] RETAILERS; LOCAL REGISTRATION AND ENFORCEMENT. new text end
new text begin Subdivision 1. new text end
new text begin Registration required. new text end
new text begin Before making retail sales to customers or patients, a Previous cannabis Next microbusiness with a retail operations endorsement, Previous cannabis Next mezzobusiness with a retail operations endorsement, Previous cannabis Next retailer, medical Previous cannabis Next retailer, medical Previous cannabis Next combination business, or lower-potency hemp edible retailer must register with the city, town, or county in which the retail establishment is located. A county may issue a registration in cases where a city or town has provided consent for the county to issue the registration for the jurisdiction. new text end
new text begin Subd. 2. new text end
new text begin Registration fee. new text end
new text begin (a) A local unit of government may impose an initial retail registration fee of $500 or up to half the amount of the applicable initial license fee under section 342.11, whichever is less. The local unit of government may also impose a renewal retail registration fee of $1,000 or up to half the amount of the applicable renewal license fee under section 342.11, whichever is less. The initial registration fee shall include the fee for initial registration and the first annual renewal. Any renewal fee imposed by the local unit of government shall be charged at the time of the second renewal and each subsequent annual renewal thereafter. new text end
new text begin (b) The local unit of government may not charge an application fee. new text end
new text begin (c) A Previous cannabis Next business with a Previous cannabis Next retailer license and a medical Previous cannabis Next retailer license for the same location may only be charged a single registration fee. new text end
new text begin (d) Registration fees are nonrefundable. new text end
new text begin Subd. 3. new text end
new text begin Issuance of registration. new text end
new text begin (a) A local unit of government shall issue a retail registration to a Previous cannabis Next microbusiness with a retail operations endorsement, Previous cannabis Next mezzobusiness with a retail operations endorsement, Previous cannabis Next retailer, medical Previous cannabis Next retailer, or lower-potency hemp edible retailer that: new text end
new text begin (1) has a valid license issued by the office; new text end
new text begin (2) has paid the registration fee or renewal fee pursuant to subdivision 2; new text end
new text begin (3) is found to be in compliance with the requirements of this chapter at any preliminary compliance check that the local unit of government performs; and new text end
new text begin (4) if applicable, is current on all property taxes and assessments at the location where the retail establishment is located. new text end
new text begin (b) Before issuing a retail registration, the local unit of government may conduct a preliminary compliance check to ensure that the Previous cannabis Next business or hemp business is in compliance with the applicable operation requirements and the limits on the types of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products that may be sold. new text end
new text begin (c) A local unit of government shall renew the retail registration of a Previous cannabis Next business or hemp business when the office renews the license of the Previous cannabis Next business or hemp business. new text end
new text begin (d) A retail registration issued under this section may not be transferred. new text end
new text begin Subd. 4. new text end
new text begin Compliance checks. new text end
new text begin (a) A local unit of government shall conduct compliance checks of every Previous cannabis Next business and hemp business with a retail registration issued by the local unit of government. The checks shall assess compliance with age verification requirements, the applicable operation requirements, and the applicable limits on the types of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products being sold. new text end
new text begin (b) The local unit of government must conduct unannounced age verification compliance checks at least once each calendar year. Age verification compliance checks must involve persons at least 17 years of age, but under the age of 21, who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government. new text end
new text begin (c) Checks to ensure compliance with the applicable operation requirements and the limits on the types of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products that may be sold must be performed at least once each calendar year and may be performed by a law enforcement officer or an employee of the local unit of government. new text end
new text begin Subd. 5. new text end
new text begin Registration suspension and cancellation; notice to office; penalties. new text end
new text begin (a) If a local unit of government determines that a Previous cannabis Next business or hemp business with a retail registration issued by the local unit of government is not operating in compliance with the requirements of this chapter or that the operation of the business poses an immediate threat to the health or safety of the public, the local unit of government may suspend the retail registration of the Previous cannabis Next business or hemp business. The local unit of government must immediately notify the office of the suspension and shall include a description of the grounds for the suspension. new text end
new text begin (b) The office shall review the retail registration suspension and may order reinstatement of the retail registration or take any action described in section 342.19 or 342.21. new text end
new text begin (c) The retail registration suspension must be for up to 30 days unless the office suspends the license and operating privilege of the Previous cannabis Next business or hemp business for a longer period or revokes the license. new text end
new text begin (d) The local unit of government may reinstate the retail registration if the local unit of government determines that any violation has been cured. The local unit of government must reinstate the retail registration if the office orders reinstatement. new text end
new text begin (e) No Previous cannabis Next microbusiness with a retail operations endorsement, Previous cannabis Next mezzobusiness with a retail operations endorsement, Previous cannabis Next retailer, medical Previous cannabis Next retailer, medical Previous cannabis Next combination business, or lower-potency hemp edible retailer may make any sale to a customer or patient without a valid retail registration. A local unit of government may impose a civil penalty of up to $2,000 for each violation of this paragraph. new text end
Sec. 23.
new text begin [342.23] Previous CANNABIS Next BUSINESSES AND HEMP BUSINESSES; GENERAL OPERATIONAL REQUIREMENTS. new text end
new text begin Subdivision 1. new text end
new text begin Records. new text end
new text begin (a) Previous Cannabis Next businesses and hemp businesses must retain financial records for the current and previous tax years at the primary business location and must make those records available for inspection by the office at any time during regular business hours. new text end
new text begin (b) When applicable, a Previous cannabis Next business or hemp business must maintain financial records for the previous ten tax years and must make those records available for inspection within one business day of receiving a request for inspection by the office. new text end
new text begin (c) The office may require a Previous cannabis Next business or hemp business to submit to an audit of its business records. The office may select or approve the auditor and the Previous cannabis Next business or hemp business must provide the auditor with access to all business records. The cost of the audit must be paid by the Previous cannabis Next business or hemp business. new text end
new text begin Subd. 2. new text end
new text begin Diversity report. new text end
new text begin Previous Cannabis Next businesses and hemp businesses shall provide an annual report on the status of diversity in the business ownership, management, and employment and in services for which the business contracts. new text end
new text begin Subd. 3. new text end
new text begin Disposal; loss documentation. new text end
new text begin (a) Previous Cannabis Next businesses and hemp businesses must dispose of Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are damaged, have a broken seal, have been contaminated, or have not been sold by the expiration date on the label. new text end
new text begin (b) Disposal must be conducted in a manner approved by the office. new text end
new text begin (c) Disposal of any Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, and hemp-derived consumer products that are required to be entered into the statewide monitoring system must be documented in the statewide monitoring system. new text end
new text begin (d) Loss or theft of any Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, or hemp-derived consumer products that are required to be entered into the statewide monitoring system must be reported to local law enforcement and a business must log any such loss or theft in the statewide monitoring system as soon as the loss or theft is discovered. new text end
new text begin Subd. 4. new text end
new text begin Sale of approved products. new text end
new text begin Previous Cannabis Next businesses and hemp businesses may only sell Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products that are a product category approved by the office and that comply with this chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and labeling of Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products. new text end
new text begin Subd. 5. new text end
new text begin Financial relationship. new text end
new text begin (a) Except for the lawful sale of Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products in the ordinary course of business and as otherwise provided in this subdivision, no Previous cannabis Next business or hemp business may offer, give, accept, receive, or borrow money or anything else of value or accept or receive credit from any other Previous cannabis Next business. This prohibition applies to offering or receiving a benefit in exchange for preferential placement by a retailer, including preferential placement on the retailer's shelves, display cases, or website. This prohibition applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business or hemp business. new text end
new text begin (b) This prohibition does not apply to merchandising credit in the ordinary course of business for a period not to exceed 30 days. new text end
new text begin (c) This prohibition does not apply to free samples of usable Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products packaged in a sample jar protected by a plastic or metal mesh screen to allow customers to smell the Previous cannabis Next flower, Previous cannabis Next product, lower-potency hemp edible, or hemp-derived consumer product before purchase. A sample jar may not contain more than eight grams of usable Previous cannabis Next flower, more than eight grams of a Previous cannabis Next concentrate, an edible Previous cannabis Next product infused with more than 100 milligrams of tetrahydrocannabinol, a lower-potency hemp edible infused with more than 50 milligrams of tetrahydrocannabinol, or a hemp-derived consumer product with a total weight of more than eight grams. new text end
new text begin (d) This prohibition does not apply to free samples of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products provided to a retailer or Previous cannabis Next wholesaler for the purposes of quality control and to allow retailers to determine whether to offer a product for sale. A sample provided for these purposes may not contain more than eight grams of usable Previous cannabis Next flower, more than eight grams of a Previous cannabis Next concentrate, an edible Previous cannabis Next product infused with more than 100 milligrams of tetrahydrocannabinol, a lower-potency hemp edible infused with more than 50 milligrams of tetrahydrocannabinol, or a hemp-derived consumer product with a total weight of more than eight grams. new text end
new text begin (e) This prohibition does not apply to any fee charged by a licensed Previous cannabis Next event organizer to a Previous cannabis Next business or hemp business for participation in a Previous cannabis Next event. new text end
new text begin Subd. 6. new text end
new text begin Customer privacy. new text end
new text begin Previous Cannabis Next businesses and hemp businesses must not share data on retail or wholesale customers with any federal agency, federal department, or federal entity unless specifically ordered by a state or federal court. new text end
Sec. 24.
new text begin [342.24] Previous CANNABIS Next BUSINESSES; GENERAL OPERATIONAL REQUIREMENTS AND PROHIBITIONS. new text end
new text begin Subdivision 1. new text end
new text begin Individuals under 21 years of age. new text end
new text begin (a) A Previous cannabis Next business may not employ an individual under 21 years of age and may not contract with an individual under 21 years of age if the individual's scope of work involves the handling of Previous cannabis Next plants, Previous cannabis Next flower, artificially derived cannabinoids, or cannabinoid products. new text end
new text begin (b) A Previous cannabis Next business may not permit an individual under 21 years of age to enter the business premises other than entry by a patient enrolled in the registry program. new text end
new text begin (c) A Previous cannabis Next business may not sell or give Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products to an individual under 21 years of age unless the individual is a patient; registered designated caregiver; or a parent, legal guardian, or spouse of a patient who is authorized to use, possess, or transport medical Previous cannabis Next flower or medical cannabinoid products. new text end
new text begin Subd. 2. new text end
new text begin Use of Previous cannabis Next flower and products within a licensed Previous cannabis Next business. new text end
new text begin (a) A Previous cannabis Next business may not permit an individual who is not an employee to consume Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products within its licensed premises unless the business is licensed to permit on-site consumption. new text end
new text begin (b) Except as otherwise provided in this subdivision, a Previous cannabis Next business may not permit an employee to consume Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products within its licensed premises or while the employee is otherwise engaged in activities within the course and scope of employment. new text end
new text begin (c) A Previous cannabis Next business may permit an employee to use medical Previous cannabis Next flower and medical cannabinoid products if that individual is a patient. new text end
new text begin (d) For quality control, employees of a licensed Previous cannabis Next business may sample Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products. Employees may not interact directly with customers for at least three hours after sampling a product. Employees may not consume more than three samples in a single 24-hour period. All samples must be recorded in the statewide monitoring system. new text end
new text begin Subd. 3. new text end
new text begin Restricted access. new text end
new text begin (a) Except as otherwise provided in this subdivision, a Previous cannabis Next business may not permit any individual to enter a restricted area unless the Previous cannabis Next business records the individual's name, time of entry, time of exit, and authorization to enter the restricted area through the use of an electronic or manual entry log and the individual: new text end
new text begin (1) is a Previous cannabis Next worker employed by or contracted with the Previous cannabis Next business; new text end
new text begin (2) is an employee of the office or another enforcement agency; new text end
new text begin (3) is a contractor of the Previous cannabis Next business, including but not limited to an electrician, a plumber, an engineer, or an alarm technician, whose scope of work will not involve the handling of Previous cannabis Next flower, Previous cannabis Next products, or hemp-derived consumer products and, if the individual is working in an area with immediate access to Previous cannabis Next flower, Previous cannabis Next products, or hemp-derived consumer products, the individual is supervised at all times by a Previous cannabis Next worker employed by or contracted with the Previous cannabis Next business; or new text end
new text begin (4) has explicit authorization from the office to enter a restricted area and, if the individual is in an area with immediate access to Previous cannabis Next flower, Previous cannabis Next products, or hemp-derived consumer products, the individual is supervised at all times by a Previous cannabis Next worker employed by or contracted with the Previous cannabis Next business. new text end
new text begin (b) A Previous cannabis Next business shall ensure that all areas of entry to restricted areas within its licensed premises are conspicuously marked and cannot be entered without recording the individual's name, time of entry, time of exit, and authorization to enter the restricted area. new text end
new text begin Subd. 4. new text end
new text begin Ventilation and filtration. new text end
new text begin A Previous cannabis Next business must maintain a ventilation and filtration system sufficient to meet the requirements for odor control established by the office. new text end
new text begin Subd. 5. new text end
new text begin Use of statewide monitoring system. new text end
new text begin (a) A Previous cannabis Next business must use the statewide monitoring system for integrated Previous cannabis Next tracking, inventory, and verification to track all Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, and hemp-derived consumer products the Previous cannabis Next business has in its possession to the point of disposal, transfer, or sale. new text end
new text begin (b) For the purposes of this subdivision, a Previous cannabis Next business possesses the Previous cannabis Next plants and Previous cannabis Next flower that the business cultivates from seed or immature plant, if applicable, or receives from another Previous cannabis Next business, and possesses the Previous cannabis Next products and hemp-derived consumer products that the business manufactures or receives from another Previous cannabis Next business. new text end
new text begin (c) Sale and transfer of Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, and hemp-derived consumer products must be recorded in the statewide monitoring system within the time established by rule. new text end
new text begin Subd. 6. new text end
new text begin Security. new text end
new text begin A Previous cannabis Next business must maintain and follow a security plan to deter and prevent the theft or diversion of Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, or hemp-derived consumer products; unauthorized entry into the Previous cannabis Next business; and the theft of currency. new text end
new text begin Subd. 7. new text end
new text begin Remuneration. new text end
new text begin A Previous cannabis Next business is prohibited from: new text end
new text begin (1) accepting or soliciting any form of remuneration from a health care practitioner who certifies qualifying medical conditions for patients; or new text end
new text begin (2) offering any form of remuneration to a health care practitioner who certifies qualifying medical conditions for patients. new text end
new text begin Subd. 8. new text end
new text begin Exclusions. new text end
new text begin The requirements under this section do not apply to hemp businesses. new text end
new text begin Subd. 9. new text end
new text begin Exclusive contracts. new text end
new text begin A Previous cannabis Next business may not directly or indirectly make an agreement with a Previous cannabis Next retailer that binds the Previous cannabis Next retailer to purchase the products of one Previous cannabis Next cultivator or Previous cannabis Next manufacturer to the exclusion of the products of other Previous cannabis Next cultivators or Previous cannabis Next manufacturers. A Previous cannabis Next retailer who is a party to a violation of this section or who receives the benefits of a violation is equally guilty of a violation. new text end
Sec. 25.
new text begin [342.25] CULTIVATION OF Previous CANNABIS Next ; GENERAL REQUIREMENTS. new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin Every Previous cannabis Next business with a license or endorsement authorizing the cultivation of Previous cannabis Next must comply with the requirements of this section. new text end
new text begin Subd. 2. new text end
new text begin Cultivation records. new text end
new text begin A business licensed or authorized to cultivate Previous cannabis Next must prepare a cultivation record for each batch of Previous cannabis Next plants and Previous cannabis Next flower in the form required by the office and must maintain each record for at least five years. The cultivation record must include the quantity and timing, where applicable, of each pesticide, fertilizer, soil amendment, or plant amendment used to cultivate the batch, as well as any other information required by the office in rule. The Previous cannabis Next business must present cultivation records to the office, the commissioner of agriculture, or the commissioner of health upon request. new text end
new text begin Subd. 3. new text end
new text begin Agricultural chemicals and other inputs. new text end
new text begin A business licensed or authorized to cultivate Previous cannabis Next is subject to rules promulgated by the office in consultation with the commissioner of agriculture, subject to subdivision 5, governing the use of pesticides, fertilizers, soil amendments, plant amendments, and other inputs to cultivate Previous cannabis Next . new text end
new text begin Subd. 4. new text end
new text begin Cultivation plan. new text end
new text begin A business licensed or authorized to cultivate Previous cannabis Next must prepare, maintain, and execute an operating plan and a cultivation plan as directed by the office in rule, which must include but is not limited to: new text end
new text begin (1) water usage; new text end
new text begin (2) recycling; new text end
new text begin (3) solid waste disposal; and new text end
new text begin (4) a pest management protocol that incorporates integrated pest management principles to control or prevent the introduction of pests to the cultivation site. new text end
new text begin Subd. 5. new text end
new text begin Agricultural chemicals and other inputs; pollinator protection. new text end
new text begin (a) A business licensed or authorized to cultivate Previous cannabis Next must comply with chapters 18B, 18C, 18D, and any other pesticide, fertilizer, soil amendment, and plant amendment laws and rules enforced by the commissioner of agriculture. new text end
new text begin (b) A business licensed or authorized to cultivate Previous cannabis Next must not apply pesticides when pollinators are present or allow pesticides to drift to flowering plants that are attractive to pollinators. new text end
new text begin Subd. 6. new text end
new text begin Adulteration prohibited. new text end
new text begin A business licensed or authorized to cultivate Previous cannabis Next must not treat or otherwise adulterate Previous cannabis Next plants or Previous cannabis Next flower with any substance or compound that has the effect or intent of altering the color, appearance, weight, potency, or odor of the Previous cannabis Next . new text end
new text begin Subd. 7. new text end
new text begin Indoor or outdoor cultivation authorized; security. new text end
new text begin A business licensed or authorized to cultivate Previous cannabis Next may cultivate Previous cannabis Next plants indoors or outdoors, subject to the security, fencing, lighting, and any other requirements imposed by the office in rule. new text end
new text begin Subd. 8. new text end
new text begin Exception. new text end
new text begin Nothing in this section applies to the cultivation of hemp plants. new text end
Sec. 26.
new text begin [342.26] MANUFACTURE OF Previous CANNABIS Next PRODUCTS; GENERAL REQUIREMENTS. new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin Every Previous cannabis Next business with a license or endorsement authorizing the creation of Previous cannabis Next concentrate and manufacture of Previous cannabis Next products and hemp-derived consumer products for public consumption must comply with the requirements of this section. new text end
new text begin Subd. 2. new text end
new text begin All manufacturer operations. new text end
new text begin (a) Previous Cannabis Next manufacturing must take place in an enclosed, locked facility that is used exclusively for the manufacture of Previous cannabis Next products, creation of hemp concentrate, creation of artificially derived cannabinoids, creation of lower-potency hemp edibles, or creation of hemp-derived consumer products, except that a business that also holds a Previous cannabis Next cultivator license may operate in a facility that shares general office space, bathrooms, entryways, and walkways. new text end
new text begin (b) Previous Cannabis Next manufacturing must take place on equipment that is used exclusively for the manufacture of Previous cannabis Next products, creation of hemp concentrate, creation of artificially derived cannabinoids, creation of lower-potency hemp edibles, or creation of hemp-derived consumer products. new text end
new text begin (c) A business licensed or authorized to manufacture Previous cannabis Next products must comply with all applicable packaging, labeling, and health and safety requirements. new text end
new text begin Subd. 3. new text end
new text begin Extraction and concentration. new text end
new text begin (a) A business licensed or authorized to manufacture Previous cannabis Next products that creates Previous cannabis Next concentrate, hemp concentrate, or artificially derived cannabinoids must obtain an endorsement from the office. new text end
new text begin (b) A business licensed or authorized to manufacture Previous cannabis Next products must inform the office of all methods of extraction and concentration that the manufacturer intends to use and identify the volatile chemicals, if any, that will be involved in the creation of Previous cannabis Next concentrate or hemp concentrate. A Previous cannabis Next manufacturer may not use a method of extraction and concentration or a volatile chemical without approval by the office. new text end
new text begin (c) A business licensed or authorized to manufacture Previous cannabis Next products must inform the office of all methods of conversion that the manufacturer will use, including any specific catalysts that the manufacturer will employ, to create artificially derived cannabinoids and the molecular nomenclature of all cannabinoids or other chemical compounds that the manufacturer will create. A business licensed or authorized to manufacture Previous cannabis Next products may not use a method of conversion or a catalyst without approval by the office. new text end
new text begin (d) A business licensed or authorized to manufacture Previous cannabis Next products must obtain a certification from an independent third-party industrial hygienist or professional engineer approving: new text end
new text begin (1) all electrical, gas, fire suppression, and exhaust systems; and new text end
new text begin (2) the plan for safe storage and disposal of hazardous substances, including but not limited to any volatile chemicals. new text end
new text begin (e) A business licensed or authorized to manufacture Previous cannabis Next products that manufactures Previous cannabis Next concentrate from Previous cannabis Next flower received from an unlicensed person who is at least 21 years of age must comply with all health and safety requirements established by the office. At a minimum, the office shall require the manufacturer to: new text end
new text begin (1) store the Previous cannabis Next flower in an area that is segregated from Previous cannabis Next flower and hemp plant parts received from a licensed Previous cannabis Next business; new text end
new text begin (2) perform the extraction and concentration on equipment that is used exclusively for extraction or concentration of Previous cannabis Next flower received from unlicensed individuals; new text end
new text begin (3) store any Previous cannabis Next concentrate in an area that is segregated from Previous cannabis Next concentrate, hemp concentrate, or artificially derived cannabinoids derived or manufactured from Previous cannabis Next flower or hemp plant parts received from a licensed Previous cannabis Next business; and new text end
new text begin (4) provide any Previous cannabis Next concentrate only to the person who provided the Previous cannabis Next flower. new text end
new text begin (f) Upon the sale of Previous cannabis Next concentrate, hemp concentrate, or artificially derived cannabinoids to any person, cooperative, or business, a business licensed or authorized to manufacture Previous cannabis Next products must provide a statement to the buyer that discloses the method of extraction and concentration or conversion used and any solvents, gases, or catalysts, including but not limited to any volatile chemicals, involved in that method. new text end
new text begin Subd. 4. new text end
new text begin Production of consumer products. new text end
new text begin (a) A business licensed or authorized to manufacture Previous cannabis Next products that produces edible Previous cannabis Next products or lower-potency hemp edibles must obtain an edible cannabinoid product handler endorsement from the office. new text end
new text begin (b) A business licensed or authorized to manufacture Previous cannabis Next products must obtain an endorsement from the office to produce: new text end
new text begin (1) Previous cannabis Next products other than edible Previous cannabis Next products; or new text end
new text begin (2) hemp-derived consumer products other than lower-potency hemp edibles. new text end
new text begin (c) All areas within the licensed premises of a business licensed or authorized to manufacture Previous cannabis Next products producing Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products must meet the sanitary standards specified in rules adopted by the office. new text end
new text begin (d) A business licensed or authorized to manufacture Previous cannabis Next products may only add chemicals or compounds approved by the office to Previous cannabis Next concentrate, hemp concentrate, or artificially derived cannabinoids. new text end
new text begin (e) Upon the sale of any Previous cannabis Next product, lower-potency hemp edible, or hemp-derived consumer product to a Previous cannabis Next business or hemp business, a business licensed or authorized to manufacture Previous cannabis Next products must provide a statement to the buyer that discloses the product's ingredients, including but not limited to any chemicals or compounds and any major food allergens declared by name. new text end
new text begin (f) A business licensed or authorized to manufacture Previous cannabis Next products shall not add any Previous cannabis Next flower, Previous cannabis Next concentrate, artificially derived cannabinoid, hemp plant part, or hemp concentrate to a product where the manufacturer of the product holds a trademark to the product's name, except that a business licensed or authorized to manufacture Previous cannabis Next products may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and where the business licensed or authorized to manufacture Previous cannabis Next products does not state or advertise to the customer that the final retail Previous cannabis Next product, lower-potency hemp edible, or hemp-derived consumer product contains a trademarked food product. new text end
new text begin Subd. 5. new text end
new text begin Exception. new text end
new text begin Nothing in this section applies to the operations of a lower-potency hemp edible manufacturer. new text end
Sec. 27.
new text begin [342.27] RETAIL SALE OF Previous CANNABIS Next FLOWER AND PRODUCTS; GENERAL REQUIREMENTS. new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin Every Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products must comply with the requirements of this section. new text end
new text begin Subd. 2. new text end
new text begin Sale of Previous cannabis Next and cannabinoid products. new text end
new text begin (a) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may only sell immature Previous cannabis Next plants and seedlings, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products to individuals who are at least 21 years of age. new text end
new text begin (b) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of adult-use Previous cannabis Next flower or adult-use Previous cannabis Next products may sell immature Previous cannabis Next plants and seedlings, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products that: new text end
new text begin (1) are obtained from a business licensed under this chapter; and new text end
new text begin (2) meet all applicable packaging and labeling requirements. new text end
new text begin (c) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may sell up to two ounces of adult-use Previous cannabis Next flower or hemp-derived consumer products consisting primarily of hemp plant parts, up to eight grams of adult-use Previous cannabis Next concentrate or hemp-derived consumer products consisting primarily of hemp concentrate or artificially derived cannabinoids, and edible Previous cannabis Next products and lower-potency hemp edibles infused with up to 800 milligrams of tetrahydrocannabinol during a single transaction to a customer. new text end
new text begin (d) Edible adult-use Previous cannabis Next products and hemp-derived consumer products intended to be eaten may not include more than ten milligrams of tetrahydrocannabinol per serving and a single package may not include more than a total of 200 milligrams of tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping, or other indicators designating the individual serving size. new text end
new text begin (e) Edible adult-use Previous cannabis Next products and hemp-derived consumer products intended to be consumed as beverages may not include more than ten milligrams of tetrahydrocannabinol per serving. A single beverage container may not contain more than two servings. new text end
new text begin Subd. 3. new text end
new text begin Sale of other products. new text end
new text begin (a) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may sell Previous cannabis Next paraphernalia, including but not limited to childproof packaging containers and other devices designed to ensure the safe storage and monitoring of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products in the home to prevent access by individuals under 21 years of age. new text end
new text begin (b) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may sell hemp-derived topical products. new text end
new text begin (c) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may sell the following products that do not contain Previous cannabis Next flower, Previous cannabis Next concentrate, hemp concentrate, artificially derived cannabinoids, or tetrahydrocannabinol: new text end
new text begin (1) drinks that do not contain alcohol and are packaged in sealed containers labeled for retail sale; new text end
new text begin (2) books and videos on the cultivation and use of Previous cannabis Next flower and products that contain cannabinoids; new text end
new text begin (3) magazines and other publications published primarily for information and education on Previous cannabis Next plants, Previous cannabis Next flower, and products that contain cannabinoids; new text end
new text begin (4) multiple-use bags designed to carry purchased items; new text end
new text begin (5) clothing marked with the specific name, brand, or identifying logo of the retailer; new text end
new text begin (6) hemp fiber products and products that contain hemp grain; and new text end
new text begin (7) products that detect the presence of fentanyl or a fentanyl analog. new text end
new text begin Subd. 4. new text end
new text begin Age verification. new text end
new text begin (a) Prior to initiating a sale, an employee of a Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products must verify that the customer is at least 21 years of age. new text end
new text begin (b) Proof of age may be established only by one of the following: new text end
new text begin (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; new text end
new text begin (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); new text end
new text begin (3) a valid passport issued by the United States; new text end
new text begin (4) a valid instructional permit issued under section 171.05 to a person of legal age to purchase adult-use Previous cannabis Next flower or adult-use Previous cannabis Next products, which includes a photograph and the date of birth of the person issued the permit; or new text end
new text begin (5) in the case of a foreign national, by a valid passport. new text end
new text begin (c) A retailer may seize a form of identification listed under paragraph (b) if the Previous cannabis Next retailer has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A retailer that seizes a form of identification as authorized under this paragraph must deliver it to a law enforcement agency within 24 hours of seizing it. new text end
new text begin Subd. 5. new text end
new text begin Display of Previous cannabis Next flower and products. new text end
new text begin (a) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products must designate a retail area where customers are permitted. The retail area shall include the portion of the premises where samples of Previous cannabis Next flower and Previous cannabis Next products available for sale are displayed. All other Previous cannabis Next flower and Previous cannabis Next products must be stored in the secure storage area. new text end
new text begin (b) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may display one sample of each type of Previous cannabis Next flower or Previous cannabis Next product available for sale. Samples of Previous cannabis Next flower and Previous cannabis Next products must be stored in a sample jar or display case and be accompanied by a label or notice containing the information required to be affixed to the packaging or container containing Previous cannabis Next flower and Previous cannabis Next products sold to customers. A sample may not contain more than eight grams of adult-use Previous cannabis Next flower or adult-use Previous cannabis Next concentrate or an edible Previous cannabis Next product infused with more than 100 milligrams of tetrahydrocannabinol. A Previous cannabis Next retailer may allow customers to smell the Previous cannabis Next flower or Previous cannabis Next product before purchase. new text end
new text begin (c) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may not sell Previous cannabis Next flower or Previous cannabis Next products used as a sample for display. If the retailer uses display samples of lower-potency hemp edibles or hemp-derived consumer products, the retailer may not sell the product used as a sample for display. new text end
new text begin Subd. 6. new text end
new text begin Posting of notices. new text end
new text begin A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products must post all notices as required by the office, including but not limited to: new text end
new text begin (1) information about any product recall; new text end
new text begin (2) a statement that operating a motor vehicle under the influence of intoxicating cannabinoids is illegal; and new text end
new text begin (3) a statement that Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products are only intended for consumption by individuals who are at least 21 years of age. new text end
new text begin Subd. 7. new text end
new text begin Hours of operation. new text end
new text begin (a) Except as provided by paragraph (b), a Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may not sell Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday nor between 2:00 a.m. and 10:00 a.m. on Sunday. new text end
new text begin (b) A city or county may adopt an ordinance to prohibit sales for any period between 9:00 p.m. and 2:00 a.m. the following day or between 8:00 a.m. and 10:00 a.m. on the days of Monday through Saturday. new text end
new text begin (c) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may not be open to the public or sell any other products at times when the Previous cannabis Next business is prohibited from selling Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products. new text end
new text begin Subd. 8. new text end
new text begin Building conditions. new text end
new text begin (a) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products shall maintain compliance with state and local building, fire, and zoning requirements or regulations. new text end
new text begin (b) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products shall ensure that the licensed premises is maintained in a clean and sanitary condition, free from infestation by insects, rodents, or other pests. new text end
new text begin Subd. 9. new text end
new text begin Security. new text end
new text begin A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products shall maintain compliance with security requirements established by the office, including but not limited to requirements for maintaining video surveillance records, using specific locking mechanisms, establishing secure entries, and the number of employees working at all times. new text end
new text begin Subd. 10. new text end
new text begin Lighting. new text end
new text begin A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products must keep all lighting outside and inside the dispensary in good working order and sufficient wattage for security cameras. new text end
new text begin Subd. 11. new text end
new text begin Deliveries. new text end
new text begin A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products may only accept deliveries of Previous cannabis Next flower, Previous cannabis Next products, and hemp-derived consumer products in a limited access area. Deliveries may not be accepted through the public access areas unless otherwise approved by the office. new text end
new text begin Subd. 12. new text end
new text begin Prohibitions. new text end
new text begin A Previous cannabis Next business with a license or endorsement authorizing the retail sale of Previous cannabis Next flower or Previous cannabis Next products shall not: new text end
new text begin (1) sell Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products to a person who is visibly intoxicated; new text end
new text begin (2) knowingly sell more Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products than a customer is legally permitted to possess; new text end
new text begin (3) give away immature Previous cannabis Next plants or seedlings, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products; new text end
new text begin (4) operate a drive-through window; new text end
new text begin (5) allow for the dispensing of Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products in vending machines; or new text end
new text begin (6) sell Previous cannabis Next plants, Previous cannabis Next flower, or Previous cannabis Next products if the Previous cannabis Next retailer knows that any required security or statewide monitoring systems are not operational. new text end
new text begin Subd. 13. new text end
new text begin Adult-use and medical Previous cannabis Next ; colocation. new text end
new text begin (a) A Previous cannabis Next business with a license or endorsement authorizing the retail sale of adult-use Previous cannabis Next flower or adult-use Previous cannabis Next products that is also a licensed medical Previous cannabis Next retailer may sell medical Previous cannabis Next flower and medical cannabinoid products on a portion of the business's premises. new text end
new text begin (b) The premises must provide an appropriate space for a pharmacist employee of the medical Previous cannabis Next retailer to consult with a patient to determine the proper type of medical Previous cannabis Next flower and medical cannabinoid products and proper dosage for the patient. new text end
new text begin Subd. 14. new text end
new text begin Exception. new text end
new text begin Nothing in this section applies to the operations of a lower-potency hemp edible retailer. new text end
Sec. 28.
new text begin [342.28] Previous CANNABIS Next MICROBUSINESS LICENSING AND OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next microbusiness license, consistent with the specific license endorsement or endorsements, entitles the license holder to perform any or all of the following within the limits established by this section: new text end
new text begin (1) grow Previous cannabis Next plants from seed or immature plant to mature plant and harvest Previous cannabis Next flower from a mature plant; new text end
new text begin (2) make Previous cannabis Next concentrate; new text end
new text begin (3) make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; new text end
new text begin (4) manufacture artificially derived cannabinoids; new text end
new text begin (5) manufacture adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for public consumption; new text end
new text begin (6) purchase immature Previous cannabis Next plants and seedlings and Previous cannabis Next flower from another Previous cannabis Next microbusiness, a Previous cannabis Next mezzobusiness, a Previous cannabis Next manufacturer, or a Previous cannabis Next wholesaler; new text end
new text begin (7) purchase hemp plant parts and propagules from an industrial hemp grower licensed under chapter 18K; new text end
new text begin (8) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K; new text end
new text begin (9) purchase Previous cannabis Next concentrate, hemp concentrate, and artificially derived cannabinoids from another Previous cannabis Next microbusiness, a Previous cannabis Next mezzobusiness, a Previous cannabis Next manufacturer, or a Previous cannabis Next wholesaler for use in manufacturing adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products; new text end
new text begin (10) package and label adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; new text end
new text begin (11) sell immature Previous cannabis Next plants and seedlings, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to other Previous cannabis Next businesses and to customers; new text end
new text begin (12) operate an establishment that permits on-site consumption of edible Previous cannabis Next products and lower-potency hemp edibles; and new text end
new text begin (13) perform other actions approved by the office. new text end
new text begin Subd. 2. new text end
new text begin Size limitations. new text end
new text begin (a) A Previous cannabis Next microbusiness that cultivates Previous cannabis Next at an indoor facility may cultivate up to 5,000 square feet of plant canopy. The office may adjust plant canopy limits upward to meet market demand consistent with the goals identified in section 342.02, subdivision 1. new text end
new text begin (b) A Previous cannabis Next microbusiness that cultivates Previous cannabis Next at an outdoor location may cultivate up to one-half acre of mature, flowering plants unless the office increases that limit. The office may increase the limit to no more than one acre if the office determines that expansion is consistent with the goals identified in section 342.02, subdivision 1. new text end
new text begin (c) The office shall establish a limit on the manufacturing of Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products a Previous cannabis Next microbusiness that manufactures such products may perform. The limit must be equivalent to the amount of Previous cannabis Next flower that can be harvested from a facility with a plant canopy of 5,000 square feet in a year, but may be increased if the office expands the allowable area of cultivation under paragraph (a). new text end
new text begin (d) A Previous cannabis Next microbusiness with the appropriate endorsement may operate one retail location. new text end
new text begin Subd. 3. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next microbusiness license must submit the following information in a form approved by the office: new text end
new text begin (1) an operating plan demonstrating the proposed layout of the facility, including a diagram of ventilation and filtration systems; plans for wastewater and waste disposal for any cultivation or manufacturing activities; plans for providing electricity, water, and other utilities necessary for the normal operation of any cultivation or manufacturing activities; plans for compliance with applicable building codes and federal and state environmental and workplace safety requirements and policies; and plans to avoid sales to unlicensed Previous cannabis Next businesses and individuals under 21 years of age; new text end
new text begin (2) if the applicant is seeking an endorsement to cultivate Previous cannabis Next plants and harvest Previous cannabis Next flower, a cultivation plan demonstrating the proposed size and layout of the cultivation facility that will be used exclusively for cultivation, including the total amount of plant canopy; new text end
new text begin (3) if the applicant is seeking an endorsement to create Previous cannabis Next concentrate, hemp concentrate, or artificial cannabinoids, information identifying all methods of extraction, concentration, or conversion that the applicant intends to use and the volatile chemicals and catalysts, if any, that will be involved in extraction, concentration, or creation; and new text end
new text begin (4) evidence that the applicant will comply with the applicable operation requirements for the license being sought. new text end
new text begin Subd. 4. new text end
new text begin Exception. new text end
new text begin The requirement of an attestation signed by a bona fide labor organization stating that the applicant has entered into a labor peace agreement is not required as part of an application for a Previous cannabis Next microbusiness license. new text end
new text begin Subd. 5. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next microbusiness license may also hold a Previous cannabis Next event organizer license. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a Previous cannabis Next microbusiness license may own or operate any other Previous cannabis Next business or hemp business or hold more than one Previous cannabis Next microbusiness license. new text end
new text begin (c) For purposes of this subdivision, a restriction on the number or type of license that a business may hold applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
new text begin Subd. 6. new text end
new text begin Cultivation endorsement. new text end
new text begin A Previous cannabis Next microbusiness that cultivates Previous cannabis Next plants and harvests Previous cannabis Next flower must comply with the requirements in section 342.25. new text end
new text begin Subd. 7. new text end
new text begin Extraction and concentration endorsement. new text end
new text begin A Previous cannabis Next microbusiness that creates Previous cannabis Next concentrate must comply with the requirements in section 342.26, subdivisions 2 and 3. new text end
new text begin Subd. 8. new text end
new text begin Production of customer products endorsement. new text end
new text begin A Previous cannabis Next microbusiness that manufactures edible Previous cannabis Next products, lower-potency hemp products, or hemp-derived consumer products must comply with the requirements in section 342.26, subdivisions 2 and 4. new text end
new text begin Subd. 9. new text end
new text begin Retail operations endorsement. new text end
new text begin A Previous cannabis Next microbusiness that operates a retail location must comply with the requirements in section 342.27. new text end
new text begin Subd. 10. new text end
new text begin On-site consumption endorsement. new text end
new text begin (a) A Previous cannabis Next microbusiness may permit on-site consumption of edible Previous cannabis Next products and lower-potency hemp edibles on a portion of its premises. new text end
new text begin (b) The portion of the premises in which on-site consumption is permitted must be definite and distinct from all other areas of the microbusiness and must be accessed through a distinct entrance. new text end
new text begin (c) Edible Previous cannabis Next products and lower-potency hemp edibles sold for on-site consumption must comply with this chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and labeling of cannabinoid products. new text end
new text begin (d) Edible cannabinoid products and lower-potency hemp edibles sold for on-site consumption must be served in the required packaging but may be removed from the products' packaging by customers and consumed on site. new text end
new text begin (e) Food and beverages not otherwise prohibited by this subdivision may be prepared and sold on site provided that the Previous cannabis Next microbusiness complies with all relevant state and local laws, ordinances, licensing requirements, and zoning requirements. new text end
new text begin (f) A Previous cannabis Next microbusiness shall ensure that the display and consumption of any edible Previous cannabis Next product or lower-potency hemp edible is not visible from outside of the licensed premises of the business. new text end
new text begin (g) A Previous cannabis Next microbusiness may offer recorded or live entertainment, provided that the Previous cannabis Next microbusiness complies with all relevant state and local laws, ordinances, licensing requirements, and zoning requirements. new text end
new text begin (h) A Previous cannabis Next microbusiness may not: new text end
new text begin (1) sell an edible Previous cannabis Next product or a lower-potency hemp edible to an individual who is under 21 years of age; new text end
new text begin (2) permit an individual who is under 21 years of age to enter the premises; new text end
new text begin (3) sell an edible Previous cannabis Next product or a lower-potency hemp edible to a person who is visibly intoxicated; new text end
new text begin (4) sell or allow the sale or consumption of alcohol or tobacco on the premises; new text end
new text begin (5) sell products that are intended to be eaten or consumed as a drink, other than packaged and labeled edible Previous cannabis Next products and lower-potency hemp edibles, that contain Previous cannabis Next flower or hemp plant parts or are infused with Previous cannabis Next concentrate, hemp concentrate, or artificially derived cannabinoids; new text end
new text begin (6) permit edible Previous cannabis Next products or lower-potency hemp edibles sold in the portion of the area designated for on-site consumption to be removed from that area; new text end
new text begin (7) permit adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, hemp-derived consumer products, or tobacco to be consumed through smoking or a vaporized delivery method on the premises; or new text end
new text begin (8) distribute or allow free samples of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products. new text end
Sec. 29.
new text begin [342.29] Previous CANNABIS Next MEZZOBUSINESS LICENSING AND OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next mezzobusiness license, consistent with the specific license endorsement or endorsements, entitles the license holder to perform any or all of the following within the limits established by this section: new text end
new text begin (1) grow Previous cannabis Next plants from seed or immature plant to mature plant and harvest Previous cannabis Next flower from a mature plant for use as adult-use Previous cannabis Next flower or for use in adult-use Previous cannabis Next products; new text end
new text begin (2) grow Previous cannabis Next plants from seed or immature plant to mature plant and harvest Previous cannabis Next flower from a mature plant for use as medical Previous cannabis Next flower or for use in medical cannabinoid products; new text end
new text begin (3) make Previous cannabis Next concentrate; new text end
new text begin (4) make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; new text end
new text begin (5) manufacture artificially derived cannabinoids; new text end
new text begin (6) manufacture adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for public consumption; new text end
new text begin (7) process medical cannabinoid products; new text end
new text begin (8) purchase immature Previous cannabis Next plants and seedlings and Previous cannabis Next flower from a Previous cannabis Next microbusiness, another Previous cannabis Next mezzobusiness, a Previous cannabis Next manufacturer, or a Previous cannabis Next wholesaler; new text end
new text begin (9) purchase Previous cannabis Next concentrate, hemp concentrate, and synthetically derived cannabinoids from a Previous cannabis Next microbusiness, another Previous cannabis Next mezzobusiness, a Previous cannabis Next manufacturer, or a Previous cannabis Next wholesaler for use in manufacturing adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products; new text end
new text begin (10) purchase hemp plant parts and propagules from a licensed hemp grower licensed under chapter 18K; new text end
new text begin (11) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K; new text end
new text begin (12) package and label adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; new text end
new text begin (13) sell immature Previous cannabis Next plants and seedlings, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to other Previous cannabis Next businesses and to customers; and new text end
new text begin (14) perform other actions approved by the office. new text end
new text begin Subd. 2. new text end
new text begin Size limitations. new text end
new text begin (a) A Previous cannabis Next mezzobusiness that cultivates Previous cannabis Next at an indoor facility may cultivate up to 15,000 square feet of plant canopy. The office may adjust plant canopy limits upward to meet market demand consistent with the goals identified in section 342.02, subdivision 1. new text end
new text begin (b) A Previous cannabis Next mezzobusiness that cultivates Previous cannabis Next at an outdoor location may cultivate up to one acre of mature, flowering plants unless the office increases that limit. The office may increase the limit to no more than three acres if the office determines that expansion is consistent with the goals identified in section 342.02, subdivision 1. new text end
new text begin (c) The office shall establish a limit on the manufacturing of Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products a Previous cannabis Next mezzobusiness that manufactures such products may perform. The limit must be equivalent to the amount of Previous cannabis Next flower that can be harvested from a facility with a plant canopy of 15,000 square feet in a year but may be increased if the office expands the allowable area of cultivation under paragraph (a). new text end
new text begin (d) A Previous cannabis Next mezzobusiness with the appropriate endorsement may operate up to three retail locations. new text end
new text begin Subd. 3. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next mezzobusiness license must submit the following information in a form approved by the office: new text end
new text begin (1) an operating plan demonstrating the proposed layout of the facility, including a diagram of ventilation and filtration systems; plans for wastewater and waste disposal for any cultivation or manufacturing activities; plans for providing electricity, water, and other utilities necessary for the normal operation of any cultivation or manufacturing activities; plans for compliance with applicable building code and federal and state environmental and workplace safety requirements and policies; and plans to avoid sales to unlicensed Previous cannabis Next businesses and individuals under 21 years of age; new text end
new text begin (2) if the applicant is seeking an endorsement to cultivate Previous cannabis Next plants and harvest Previous cannabis Next flower, a cultivation plan demonstrating the proposed size and layout of the cultivation facility that will be used exclusively for cultivation, including the total amount of plant canopy; new text end
new text begin (3) if the applicant is seeking an endorsement to create Previous cannabis Next concentrate, hemp concentrate, or artificial cannabinoids, information identifying all methods of extraction, concentration, or conversion that the applicant intends to use and the volatile chemicals and catalysts, if any, that will be involved in extraction, concentration, or creation; and new text end
new text begin (4) evidence that the applicant will comply with the applicable operation requirements for the license being sought. new text end
new text begin Subd. 4. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next mezzobusiness license may also hold a Previous cannabis Next event organizer license and a medical Previous cannabis Next retailer license. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a Previous cannabis Next mezzobusiness license may own or operate any other Previous cannabis Next business or hemp business or hold more than one Previous cannabis Next mezzobusiness license. new text end
new text begin (c) For purposes of this subdivision, a restriction on the number or type of license that a business may hold applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
new text begin Subd. 5. new text end
new text begin Cultivation endorsement. new text end
new text begin A Previous cannabis Next mezzobusiness that cultivates Previous cannabis Next plants and harvests Previous cannabis Next flower must comply with the requirements in section 342.25. new text end
new text begin Subd. 6. new text end
new text begin Extraction and concentration endorsement. new text end
new text begin A Previous cannabis Next mezzobusiness that creates Previous cannabis Next concentrate must comply with the requirements in section 342.26, subdivisions 2 and 3. new text end
new text begin Subd. 7. new text end
new text begin Production of customer products endorsement. new text end
new text begin A Previous cannabis Next mezzobusiness that manufactures edible Previous cannabis Next products, lower-potency hemp products, or hemp-derived consumer products must comply with the requirements in section 342.26, subdivisions 2 and 4. new text end
new text begin Subd. 8. new text end
new text begin Retail operations endorsement. new text end
new text begin A Previous cannabis Next mezzobusiness that operates a retail location must comply with the requirements in section 342.27. new text end
new text begin Subd. 9. new text end
new text begin Medical Previous cannabis Next endorsement. new text end
new text begin A Previous cannabis Next mezzobusiness that cultivates Previous cannabis Next plants for use as medical Previous cannabis Next flower or for use in medical cannabinoid products, processes medical cannabinoid products, or both, must comply with sections 342.49, paragraph (d); 342.50, paragraph (c), and any additional requirements established by the office. new text end
Sec. 30.
new text begin [342.30] Previous CANNABIS Next CULTIVATOR LICENSING AND OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next cultivator license entitles the license holder to grow Previous cannabis Next plants within the approved amount of space from seed or immature plant to mature plant, harvest Previous cannabis Next flower from a mature plant, package and label immature Previous cannabis Next plants and seedlings and Previous cannabis Next flower for sale to other Previous cannabis Next businesses, transport Previous cannabis Next flower to a Previous cannabis Next manufacturer located on the same premises, and perform other actions approved by the office. new text end
new text begin Subd. 2. new text end
new text begin Size limitations. new text end
new text begin (a) A Previous cannabis Next cultivator that cultivates Previous cannabis Next at an indoor facility may cultivate up to 30,000 square feet of plant canopy. The office may adjust plant canopy limits upward to meet market demand consistent with the goals identified in section 342.02, subdivision 1. new text end
new text begin (b) A Previous cannabis Next cultivator that cultivates Previous cannabis Next at an outdoor location may cultivate up to two acres of mature, flowering plants unless the office increases that limit. The office may increase the limit to no more than four acres if the office determines that expansion is consistent with the goals identified in section 342.02, subdivision 1. new text end
new text begin Subd. 3. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next cultivator license must submit the following information in a form approved by the office: new text end
new text begin (1) an operating plan demonstrating the proposed size and layout of the cultivation facility; plans for wastewater and waste disposal for the cultivation facility; plans for providing electricity, water, and other utilities necessary for the normal operation of the cultivation facility; and plans for compliance with the applicable building code and federal and state environmental and workplace safety requirements; new text end
new text begin (2) a cultivation plan demonstrating the proposed size and layout of the cultivation facility that will be used exclusively for cultivation including the total amount of plant canopy; and new text end
new text begin (3) evidence that the business will comply with the applicable operation requirements for the license being sought. new text end
new text begin Subd. 4. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next cultivator license may also hold a Previous cannabis Next manufacturing license, medical Previous cannabis Next cultivator license, medical Previous cannabis Next producer license, license to grow industrial hemp, and Previous cannabis Next event organizer license. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a Previous cannabis Next cultivator license may own or operate any other Previous cannabis Next business or hemp business. This prohibition does not prevent the transportation of Previous cannabis Next flower from a Previous cannabis Next cultivator to a Previous cannabis Next manufacturer licensed to the same person, cooperative, or business and located on the same premises. new text end
new text begin (c) The office by rule may limit the number of Previous cannabis Next cultivator licenses a person, cooperative, or business may hold. new text end
new text begin (d) For purposes of this subdivision, a restriction on the number or type of license a business may hold applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
Sec. 31.
new text begin [342.31] Previous CANNABIS Next MANUFACTURER LICENSING AND OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next manufacturer license, consistent with the specific license endorsement or endorsements, entitles the license holder to: new text end
new text begin (1) purchase Previous cannabis Next flower, Previous cannabis Next products, hemp plant parts, hemp concentrate, and artificially derived cannabinoids from a Previous cannabis Next microbusiness, a Previous cannabis Next mezzobusiness, a Previous cannabis Next cultivator, another Previous cannabis Next manufacturer, or a Previous cannabis Next wholesaler; new text end
new text begin (2) purchase hemp plant parts and propagules from an industrial hemp grower licensed under chapter 18K; new text end
new text begin (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K; new text end
new text begin (4) accept Previous cannabis Next flower from unlicensed persons who are at least 21 years of age provided that the Previous cannabis Next manufacturer does not accept more than two ounces from an individual on a single occasion; new text end
new text begin (5) make Previous cannabis Next concentrate; new text end
new text begin (6) make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; new text end
new text begin (7) manufacture artificially derived cannabinoids; new text end
new text begin (8) manufacture adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for public consumption; new text end
new text begin (9) package and label adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for sale to customers; new text end
new text begin (10) sell Previous cannabis Next concentrate, hemp concentrate, artificially derived cannabinoids, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products to other Previous cannabis Next businesses; and new text end
new text begin (11) perform other actions approved by the office. new text end
new text begin Subd. 2. new text end
new text begin Size limitations. new text end
new text begin The office shall establish a limit on the manufacturing of Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products a Previous cannabis Next manufacturer may perform. new text end
new text begin Subd. 3. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next manufacturer license must submit the following information in a form approved by the office: new text end
new text begin (1) an operating plan demonstrating the proposed layout of the facility, including a diagram of ventilation and filtration systems; plans for wastewater and waste disposal for the manufacturing facility; plans for providing electricity, water, and other utilities necessary for the normal operation of the manufacturing facility; and plans for compliance with applicable building code and federal and state environmental and workplace safety requirements; and new text end
new text begin (2) evidence that the business will comply with the applicable operation requirements for the endorsement being sought. new text end
new text begin Subd. 4. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next manufacturer license may also hold a Previous cannabis Next cultivator license, a medical Previous cannabis Next cultivator license, a medical Previous cannabis Next processor license, and a Previous cannabis Next event organizer license. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a Previous cannabis Next manufacturer license may own or operate any other Previous cannabis Next business or hemp business. This prohibition does not prevent transportation of Previous cannabis Next flower from a Previous cannabis Next cultivator to a Previous cannabis Next manufacturer licensed to the same person, cooperative, or business and located on the same premises. new text end
new text begin (c) The office by rule may limit the number of Previous cannabis Next manufacturer licenses that a person or business may hold. new text end
new text begin (d) For purposes of this subdivision, a restriction on the number or type of license that a business may hold applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
Sec. 32.
new text begin [342.32] Previous CANNABIS Next RETAILER LICENSING AND OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next retailer license entitles the license holder to: new text end
new text begin (1) purchase immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products from Previous cannabis Next microbusinesses, Previous cannabis Next mezzobusinesses, Previous cannabis Next cultivators, Previous cannabis Next manufacturers, and Previous cannabis Next wholesalers; new text end
new text begin (2) purchase lower-potency hemp edibles from a licensed lower-potency hemp edible manufacturer; new text end
new text begin (3) sell immature Previous cannabis Next plants and seedlings, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, and other products authorized by law to customers; 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 Size limitations. new text end
new text begin A Previous cannabis Next retailer may operate up to five retail locations. new text end
new text begin Subd. 3. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next retail license must submit the following information in a form approved by the office: new text end
new text begin (1) a list of every retail license held by the applicant and, if the applicant is a business, every retail license held, either as an individual or as part of another business, by each officer, director, manager, and general partner of the Previous cannabis Next business; new text end
new text begin (2) an operating plan demonstrating the proposed layout of the facility, including a diagram of ventilation and filtration systems; policies to avoid sales to individuals who are under 21 years of age; identification of a restricted area for storage; and plans to prevent the visibility of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products to individuals outside the retail location; and new text end
new text begin (3) evidence that the business will comply with the applicable operation requirements for the license being sought. new text end
new text begin Subd. 4. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next retailer license may also hold a Previous cannabis Next delivery service license, a medical Previous cannabis Next retailer license, and a Previous cannabis Next event organizer license. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a Previous cannabis Next retailer license may own or operate any other Previous cannabis Next business or hemp business. new text end
new text begin (c) No person, cooperative, or business may hold a license to own or operate more than one Previous cannabis Next retail business in one city and three retail businesses in one county. new text end
new text begin (d) The office by rule may limit the number of Previous cannabis Next retailer licenses a person, cooperative, or business may hold. new text end
new text begin (e) For purposes of this subdivision, a restriction on the number or type of license a business may hold applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
Sec. 33.
new text begin [342.33] Previous CANNABIS Next WHOLESALER LICENSING. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next wholesaler license entitles the license holder to: new text end
new text begin (1) purchase immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products from Previous cannabis Next microbusinesses, Previous cannabis Next mezzobusinesses, Previous cannabis Next cultivators, Previous cannabis Next manufacturers, and Previous cannabis Next microbusinesses; new text end
new text begin (2) purchase hemp plant parts and propagules from industrial hemp growers licensed under chapter 18K; new text end
new text begin (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K; new text end
new text begin (4) sell immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products to Previous cannabis Next microbusinesses, Previous cannabis Next mezzobusinesses, Previous cannabis Next manufacturers, and Previous cannabis Next retailers; new text end
new text begin (5) sell lower-potency hemp edibles to lower-potency hemp edible retailers; new text end
new text begin (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 new text end
new text begin (7) perform other actions approved by the office. new text end
new text begin Subd. 2. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next wholesaler license must submit the following information in a form approved by the office: new text end
new text begin (1) an operating plan demonstrating the proposed layout of the facility including a diagram of ventilation and filtration systems and policies to avoid sales to unlicensed Previous cannabis Next businesses; and new text end
new text begin (2) evidence that the business will comply with the applicable operation requirements for the license being sought. new text end
new text begin Subd. 3. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next wholesaler license may also hold a Previous cannabis Next transporter license, a Previous cannabis Next delivery service license, and a Previous cannabis Next event organizer license. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a Previous cannabis Next wholesaler license may own or operate any other Previous cannabis Next business or hemp business. new text end
new text begin (c) The office by rule may limit the number of Previous cannabis Next wholesaler licenses a person or business may hold. new text end
new text begin (d) For purposes of this subdivision, a restriction on the number or type of license a business may hold applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
Sec. 34.
new text begin [342.34] Previous CANNABIS Next WHOLESALER OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Separation of products. new text end
new text begin A Previous cannabis Next wholesaler must ensure that Previous cannabis Next plants, Previous cannabis Next flower, and Previous cannabis Next products are physically separated from all other products, including but not limited to lower-potency hemp edibles and hemp-derived consumer products, in a manner that prevents any cross-contamination. new text end
new text begin Subd. 2. new text end
new text begin Records and labels. new text end
new text begin A Previous cannabis Next wholesaler must maintain accurate records and ensure that appropriate labels remain affixed to Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products. new text end
new text begin Subd. 3. new text end
new text begin Building conditions. new text end
new text begin (a) A Previous cannabis Next wholesaler shall maintain compliance with state and local building, fire, and zoning requirements or regulations. new text end
new text begin (b) A Previous cannabis Next wholesaler shall ensure that the licensed premises is maintained in a clean and sanitary condition, free from infestation by insects, rodents, or other pests. new text end
new text begin Subd. 4. new text end
new text begin Sale of other products. new text end
new text begin A Previous cannabis Next wholesaler may purchase and sell other products or items for which the Previous cannabis Next wholesaler has a license or authorization or that do not require a license or authorization. Products for which no license or authorization is required include but are not limited to industrial hemp products, products that contain hemp grain, hemp-derived topical products, and Previous cannabis Next paraphernalia, including but not limited to childproof packaging containers and other devices designed to ensure the safe storage and monitoring of Previous cannabis Next flower and Previous cannabis Next products in the home to prevent access by individuals under 21 years of age. new text end
new text begin Subd. 5. new text end
new text begin Importation of hemp-derived products. new text end
new text begin (a) A Previous cannabis Next 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 Previous cannabis Next microbusiness, Previous cannabis Next mezzobusiness, Previous cannabis Next retailer, or lower-potency hemp edible retailer must obtain a hemp-derived product importer endorsement from the office. new text end
new text begin (b) A Previous cannabis Next wholesaler with a hemp-derived product importer endorsement 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 Previous cannabis Next 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 Previous cannabis Next 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. new text end
new text begin (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 Previous cannabis Next 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 (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 end
Sec. 35.
new text begin [342.35] Previous CANNABIS Next TRANSPORTER LICENSING. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next transporter license entitles the license holder to transport immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products from Previous cannabis Next microbusinesses, Previous cannabis Next mezzobusinesses, Previous cannabis Next cultivators, Previous cannabis Next manufacturers, Previous cannabis Next wholesalers, lower-potency hemp edible manufacturers, medical Previous cannabis Next retailers, medical Previous cannabis Next processors, and industrial hemp growers to Previous cannabis Next microbusinesses, Previous cannabis Next mezzobusinesses, Previous cannabis Next manufacturers, Previous cannabis Next testing facilities, Previous cannabis Next wholesalers, Previous cannabis Next retailers, lower-potency hemp edible retailers, medical Previous cannabis Next processors, medical Previous cannabis Next retailers, and medical Previous cannabis Next combination businesses and perform other actions approved by the office. new text end
new text begin Subd. 2. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next transporter license must submit the following information in a form approved by the office: new text end
new text begin (1) an appropriate surety bond, 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, 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 immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products; 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 Subd. 3. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next transporter license may also hold a Previous cannabis Next wholesaler license, a Previous cannabis Next delivery service license, and a Previous cannabis Next event organizer license. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a Previous cannabis Next transporter license may own or operate any other Previous cannabis Next business. new text end
new text begin (c) The office by rule may limit the number of Previous cannabis Next transporter licenses a person or business may hold. new text end
new text begin (d) For purposes of this subdivision, restrictions on the number or type of license a business may hold apply to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
Sec. 36.
new text begin [342.36] Previous CANNABIS Next TRANSPORTER OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Manifest required. new text end
new text begin Before transporting immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products, a Previous cannabis Next transporter shall obtain a shipping manifest on a form established by the office. The manifest must be kept with the products at all times and the Previous cannabis Next transporter must maintain a copy of the manifest in its records. new text end
new text begin Subd. 2. new text end
new text begin Records of transportation. new text end
new text begin Records of transportation must be kept for a minimum of three years at the Previous cannabis Next transporter's place of business and are subject to inspection upon request by the office or law enforcement agency. Records of transportation include the following: new text end
new text begin (1) copies of transportation manifests for all deliveries; new text end
new text begin (2) a transportation log documenting the chain of custody for each delivery, including every employee and vehicle used during transportation; and new text end
new text begin (3) financial records showing payment for transportation services. new text end
new text begin Subd. 3. new text end
new text begin Storage compartment. new text end
new text begin Immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products must be transported 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. Items being transported may not be visible from outside the motor vehicle. new text end
new text begin Subd. 4. new text end
new text begin Identifying logos or business names prohibited. new text end
new text begin No vehicle or trailer may contain an image depicting the types of items being transported, including but not limited to an image depicting a Previous cannabis Next or hemp leaf, or a name suggesting that the vehicle is used in transporting immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products. new text end
new text begin Subd. 5. new text end
new text begin Randomized deliveries. new text end
new text begin A Previous cannabis Next transporter shall ensure that all delivery times and routes are randomized. new text end
new text begin Subd. 6. new text end
new text begin Multiple employees. new text end
new text begin All Previous cannabis Next transporter vehicles transporting immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products must be staffed with a minimum of two employees. At least one delivery team member shall remain with the motor vehicle at all times that the motor vehicle contains immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products. new text end
new text begin Subd. 7. new text end
new text begin Nonemployee passengers prohibited. new text end
new text begin Only a Previous cannabis Next worker employed by or contracted with the Previous cannabis Next transporter and who is at least 21 years of age may transport immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products. All passengers in a vehicle must be Previous cannabis Next workers employed by or contracted with the Previous cannabis Next transporter. new text end
new text begin Subd. 8. new text end
new text begin Drivers license required. new text end
new text begin All drivers must carry a valid driver's license with the proper endorsements when operating a vehicle transporting immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products. new text end
new text begin Subd. 9. new text end
new text begin Vehicles subject to inspection. new text end
new text begin Any vehicle assigned for the purposes of transporting immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products is subject to inspection and may be stopped or inspected at any licensed Previous cannabis Next business or while en route during transportation. new text end
Sec. 37.
new text begin [342.37] Previous CANNABIS Next TESTING FACILITY LICENSING. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next testing facility license entitles the license holder to obtain and test immature Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from Previous cannabis Next microbusinesses, Previous cannabis Next mezzobusinesses, Previous cannabis Next cultivators, Previous cannabis Next manufacturers, Previous cannabis Next wholesalers, lower-potency hemp edible manufacturers, medical Previous cannabis Next cultivators, medical Previous cannabis Next processors, medical Previous cannabis Next combination businesses, and industrial hemp growers. new text end
new text begin Subd. 2. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next testing facility license must submit the following information in a form approved by the office: new text end
new text begin (1) an operating plan demonstrating the proposed layout of the facility, including a diagram of ventilation and filtration systems and policies to avoid sales to unlicensed businesses; new text end
new text begin (2) proof of accreditation by a laboratory accrediting organization approved by the office that, at a minimum, requires a laboratory to operate formal management systems under the International Organization for Standardization; 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 Subd. 3. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next testing facility license may not own or operate, or be employed by, any other Previous cannabis Next business or hemp business. new text end
new text begin (b) The office by rule may limit the number of Previous cannabis Next testing facility licenses a person or business may hold. new text end
new text begin (c) For purposes of this subdivision, a restriction on the number of licenses a business may hold applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
Sec. 38.
new text begin [342.38] Previous CANNABIS Next TESTING FACILITY OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Testing services. new text end
new text begin A Previous cannabis Next testing facility shall provide some or all testing services required under section 342.61 and rules adopted pursuant to that section. new text end
new text begin Subd. 2. new text end
new text begin Testing protocols. new text end
new text begin A Previous cannabis Next testing facility shall follow all testing protocols, standards, and criteria adopted by rule by the office for the testing of different forms of Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, hemp plant parts, hemp concentrate, and artificially derived cannabinoids; determining batch size; sampling; testing validity; and approval and disapproval of tested items. new text end
new text begin Subd. 3. new text end
new text begin Records. new text end
new text begin Records of all business transactions and testing results; records required to be maintained pursuant to any applicable standards for accreditation; and records relevant to testing protocols, standards, and criteria adopted by the office must be kept for a minimum of three years at the Previous cannabis Next testing facility's place of business and are subject to inspection upon request by the office or law enforcement agency. new text end
new text begin Subd. 4. new text end
new text begin Disposal of Previous cannabis Next flower and products. new text end
new text begin A testing facility shall dispose of or destroy used, unused, and waste Previous cannabis Next plants and seedlings, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, hemp plant parts, hemp concentrate, and artificially derived cannabinoids pursuant to rules adopted by the office. new text end
Sec. 39.
new text begin [342.39] Previous CANNABIS Next EVENT ORGANIZER LICENSING. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next event organizer license entitles the license holder to organize a temporary Previous cannabis Next event lasting no more than four days. new text end
new text begin Subd. 2. new text end
new text begin Additional information required. new text end
new text begin (a) In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next event organizer license must submit the following information in a form approved by the office: new text end
new text begin (1) the type and number of any other Previous cannabis Next business license held by the applicant; new text end
new text begin (2) the address and location where the temporary Previous cannabis Next event will take place; new text end
new text begin (3) the name of the temporary Previous cannabis Next event; new text end
new text begin (4) a diagram of the physical layout of the temporary Previous cannabis Next event showing where the event will take place on the grounds, all entrances and exits that will be used by participants during the event, all Previous cannabis Next consumption areas, all Previous cannabis Next retail areas where Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products will be sold, the location where Previous cannabis Next waste will be stored, and any location where Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products will be stored; new text end
new text begin (5) a list of the name, number, and type of Previous cannabis Next businesses and hemp businesses that will sell Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products at the event, which may be supplemented or amended within 72 hours of the time at which the Previous cannabis Next event begins; new text end
new text begin (6) the dates and hours during which the Previous cannabis Next event will take place; new text end
new text begin (7) proof of local approval for the Previous cannabis Next event; and new text end
new text begin (8) evidence that the business will comply with the applicable operation requirements for the license being sought. new text end
new text begin (b) A person, cooperative, or business seeking a Previous cannabis Next event organizer license may also disclose whether the person or any officer, director, manager, and general partner of a Previous cannabis Next business is serving or has previously served in the military. new text end
new text begin Subd. 3. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next event organizer license may not hold a Previous cannabis Next testing facility license, a lower-potency hemp edible manufacturer license, or a lower-potency hemp edible retailer license. new text end
new text begin (b) The office by rule may limit the number of Previous cannabis Next event licenses that a person or business may hold. new text end
new text begin (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 Previous cannabis Next business. new text end
Sec. 40.
new text begin [342.40] Previous CANNABIS Next EVENT ORGANIZER OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Local approval. new text end
new text begin A Previous cannabis Next event organizer must receive local approval, including obtaining any necessary permits or licenses issued by a local unit of government, before holding a Previous cannabis Next event. new text end
new text begin Subd. 2. new text end
new text begin Charging fees. new text end
new text begin (a) A Previous cannabis Next event organizer may charge an entrance fee to a Previous cannabis Next event. new text end
new text begin (b) A Previous cannabis Next event organizer may charge a fee to a Previous cannabis Next business or hemp business in exchange for space to display and sell Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products. Any fee paid for participation in a Previous cannabis Next event shall not be based on or tied to the sale of Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products. new text end
new text begin Subd. 3. new text end
new text begin Security. new text end
new text begin A Previous cannabis Next event organizer must hire or contract for licensed security personnel to provide security services at the Previous cannabis Next event. All security personnel hired or contracted for shall be at least 21 years of age and present on the licensed event premises at all times that Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products are available for sale or consumption of adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products is allowed. The security personnel shall not consume Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products for at least 24 hours before the event or during the event. new text end
new text begin Subd. 4. new text end
new text begin Limited access to event. new text end
new text begin A Previous cannabis Next event organizer shall ensure that access to an event is limited to individuals who are at least 21 years of age. At or near each public entrance to any area where the sale or consumption of adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products is allowed, a Previous cannabis Next event organizer shall maintain a clearly visible and legible sign consisting of the following statement: "No persons under 21 allowed." The lettering of the sign shall be not less than one inch in height. new text end
new text begin Subd. 5. new text end
new text begin Previous Cannabis Next waste. new text end
new text begin A Previous cannabis Next event organizer shall ensure that all used, unused, and waste Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products that are not removed by a customer, Previous cannabis Next business, or hemp business are disposed of in a manner approved by the office. new text end
new text begin Subd. 6. new text end
new text begin Transportation of Previous cannabis Next plants, flower, and products. new text end
new text begin All transportation of Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products intended for display or sale and all such items used for display or not sold during the Previous cannabis Next event must be transported to and from the Previous cannabis Next event by a licensed Previous cannabis Next transporter. new text end
new text begin Subd. 7. new text end
new text begin Previous Cannabis Next event sales. new text end
new text begin (a) Previous Cannabis Next microbusinesses with a retail endorsement, Previous cannabis Next mezzobusinesses with a retail endorsement, Previous cannabis Next retailers, and lower-potency hemp edible retailers, including the Previous cannabis Next event organizer, may be authorized to sell Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products to customers at a Previous cannabis Next event. new text end
new text begin (b) All sales of Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products at a Previous cannabis Next event must take place in a retail area as designated in the premises diagram. new text end
new text begin (c) Authorized retailers may only conduct sales within their specifically assigned area. new text end
new text begin (d) Authorized retailers must verify the age of all customers pursuant to section 342.27, subdivision 4, before completing a sale and may not sell Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products to an individual under 21 years of age. new text end
new text begin (e) Authorized retailers may display one sample of each type of Previous cannabis Next plant, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next product, lower-potency hemp edible, and hemp-derived consumer product available for sale. Samples of adult-use Previous cannabis Next and adult-use Previous cannabis Next products must be stored in a sample jar or display case and be accompanied by a label or notice containing the information required to be affixed to the packaging or container containing adult-use Previous cannabis Next flower and adult-use Previous cannabis Next products sold to customers. A sample may not consist of more than eight grams of adult-use Previous cannabis Next flower or adult-use Previous cannabis Next concentrate, or an edible Previous cannabis Next product infused with more than 100 milligrams of tetrahydrocannabinol. A Previous cannabis Next retailer may allow customers to smell the adult-use Previous cannabis Next flower or adult-use Previous cannabis Next product before purchase. new text end
new text begin (f) The notice requirements under section 342.27, subdivision 6, apply to authorized retailers offering Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use cannabinoid products, and hemp-derived consumer products for sale at a Previous cannabis Next event. new text end
new text begin (g) Authorized retailers may not: new text end
new text begin (1) sell adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products to a person who is visibly intoxicated; new text end
new text begin (2) knowingly sell more Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products than a customer is legally permitted to possess; new text end
new text begin (3) sell medical Previous cannabis Next flower or medical cannabinoid products; new text end
new text begin (4) give away Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products; or new text end
new text begin (5) allow for the dispensing of Previous cannabis Next plants, Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products in vending machines. new text end
new text begin (h) Except for samples of a Previous cannabis Next plant, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next product, lower-potency hemp edible, and hemp-derived consumer product, all Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for sale at a Previous cannabis Next event must be stored in a secure, locked container that is not accessible to the public. Such items being stored at a Previous cannabis Next event shall not be left unattended. new text end
new text begin (i) All Previous cannabis Next plants, adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products for sale at a Previous cannabis Next event must comply with this chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and labeling of those items. new text end
new text begin (j) All Previous cannabis Next plants, adult-use Previous cannabis Next flower, and adult-use Previous cannabis Next products sold, damaged, or destroyed at a Previous cannabis Next event must be recorded in the statewide monitoring system. new text end
new text begin Subd. 8. new text end
new text begin Previous Cannabis Next event on-site consumption. new text end
new text begin (a) If approved by the local unit of government, a Previous cannabis Next event may designate an area for consumption of adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, hemp-derived consumer products, or any combination of those items. new text end
new text begin (b) Access to areas where consumption of adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products is allowed shall be restricted to individuals who are at least 21 years of age. new text end
new text begin (c) The Previous cannabis Next event organizer shall ensure that consumption of adult-use Previous cannabis Next flower, adult-use Previous cannabis Next products, lower-potency hemp edibles, or hemp-derived consumer products within a designated consumption area is not visible from any public place. new text end
new text begin (d) The Previous cannabis Next event organizer shall not permit consumption of alcohol or tobacco. new text end
new text begin (e) The Previous cannabis Next event organizer shall not permit smoking, according to section 144.413, of adult-use Previous cannabis Next flower or Previous cannabis Next products at any location where smoking is not permitted under sections 144.413 to 144.417. Nothing in this section prohibits a statutory or home rule charter city or county from enacting and enforcing more stringent measures to protect individuals from secondhand smoke or involuntary exposure to aerosol or vapor from electronic delivery devices. new text end
Sec. 41.
new text begin [342.41] Previous CANNABIS Next DELIVERY SERVICE LICENSING. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin A Previous cannabis Next delivery service license entitles the license holder to purchase Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products from licensed Previous cannabis Next microbusinesses with a retail endorsement, Previous cannabis Next mezzobusinesses with a retail endorsement, Previous cannabis Next retailers, medical Previous cannabis Next retailers, and medical Previous cannabis Next combination businesses; transport and deliver Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumable products to customers; and perform other actions approved by the office. new text end
new text begin Subd. 2. new text end
new text begin Additional information required. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a Previous cannabis Next delivery service license must submit the following information in a form approved by the office: new text end
new text begin (1) a list of all vehicles to be used in the delivery of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products including: new text end
new text begin (i) the vehicle make, model, and color; new text end
new text begin (ii) the vehicle identification number; and new text end
new text begin (iii) the license plate number; new text end
new text begin (2) proof of insurance for each vehicle; new text end
new text begin (3) a business plan demonstrating policies to avoid sales of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products to individuals who are under 21 years of age and plans to prevent the visibility of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products to individuals outside the delivery vehicle; and new text end
new text begin (4) evidence that the business will comply with the applicable operation requirements for the license being sought. new text end
new text begin Subd. 3. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business holding a Previous cannabis Next delivery service license may also hold a Previous cannabis Next retailer license, a Previous cannabis Next wholesaler license, a Previous cannabis Next transporter license, a Previous cannabis Next event organizer license, and a medical Previous cannabis Next retailer license subject to the ownership limitations that apply to those licenses. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a Previous cannabis Next delivery service license may own or operate any other Previous cannabis Next business or hemp business. new text end
new text begin (c) The office by rule may limit the number of Previous cannabis Next delivery service licenses that a person or business may hold. new text end
new text begin (d) For purposes of this subdivision, a restriction on the number or type of license that a business may hold applies to every cooperative member or every director, manager, and general partner of a Previous cannabis Next business. new text end
Sec. 42.
new text begin [342.42] Previous CANNABIS Next DELIVERY SERVICE OPERATIONS. new text end
new text begin Subdivision 1. new text end
new text begin Age or registry verification. new text end
new text begin Prior to completing a delivery, a Previous cannabis Next delivery service shall verify that the customer is at least 21 years of age or is enrolled in the registry program. Section 342.27, subdivision 4, applies to the verification of a customer's age. Registry verification issued by the Division of Medical Previous Cannabis Next may be considered evidence that the person is enrolled in the registry program. new text end
new text begin Subd. 2. new text end
new text begin Records. new text end
new text begin The office by rule shall establish record-keeping requirements for a Previous cannabis Next delivery service, including but not limited to proof of delivery to individuals who are at least 21 years of age or enrolled in the registry program. new text end
new text begin Subd. 3. new text end
new text begin Amount to be transported. new text end
new text begin The office by rule shall establish limits on the amount of Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products that a Previous cannabis Next delivery service may transport. new text end
new text begin Subd. 4. new text end
new text begin Statewide monitoring system. new text end
new text begin Receipt of Previous cannabis Next flower and Previous cannabis Next products by the Previous cannabis Next delivery service and a delivery to a customer must be recorded in the statewide monitoring system within the time established by rule. new text end
new text begin Subd. 5. new text end
new text begin Storage compartment. new text end
new text begin Previous Cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products must be transported in a locked, safe, and secure storage compartment that is part of the Previous cannabis Next delivery service vehicle or in a locked storage container that has a separate key or combination pad. Previous Cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products may not be visible from outside the Previous cannabis Next delivery service vehicle. new text end
new text begin Subd. 6. new text end
new text begin Identifying logos or business names prohibited. new text end
new text begin No Previous cannabis Next delivery service vehicle or trailer may contain an image depicting the types of items being transported, including but not limited to an image depicting a Previous cannabis Next or hemp leaf, or a name suggesting that the Previous cannabis Next delivery service vehicle is used for transporting Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products. new text end
new text begin Subd. 7. new text end
new text begin Nonemployee passengers prohibited. new text end
new text begin Only a Previous cannabis Next worker employed by or contracted with the Previous cannabis Next delivery service and who is at least 21 years of age may transport Previous cannabis Next flower, Previous cannabis Next products, lower-potency hemp edibles, and hemp-derived consumer products. All passengers in a Previous cannabis Next delivery service vehicle must be Previous cannabis Next workers employed by or contracted with the Previous cannabis Next delivery service. new text end
Sec. 43.
new text begin [342.43] HEMP BUSINESS LICENSE TYPES; MULTIPLE LICENSES. new text end
new text begin Subdivision 1. new text end
new text begin License types. new text end
new text begin The office shall issue the following types of hemp business licenses: new text end
new text begin (1) lower-potency hemp edible manufacturer; and new text end
new text begin (2) lower-potency hemp edible retailer. new text end
new text begin Subd. 2. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) A person, cooperative, or business may hold both a lower-potency hemp edible manufacturer and lower-potency hemp edible retailer license. new text end
new text begin (b) Nothing in this section prohibits a person, cooperative, or business from holding a lower-potency hemp edible manufacturer license, a lower-potency hemp edible retailer license, or both, and also holding a license to cultivate industrial hemp issued pursuant to chapter 18K. new text end
new text begin (c) Nothing in this section prohibits a person, cooperative, or business from holding a lower-potency hemp edible manufacturer license, a lower-potency hemp edible retailer license, or both, 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. new text end
new text begin (d) A person, cooperative, or business holding a lower-potency hemp edible manufacturer license, a lower-potency hemp edible retailer license, or both, may not hold a Previous cannabis Next business license. new text end
Sec. 44.
new text begin [342.44] HEMP BUSINESS LICENSES; APPLICATIONS AND ISSUANCE. new text end
new text begin Subdivision 1. new text end
new text begin Application; contents. new text end
new text begin (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. new text end
new text begin (b) The office, by rule, 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: new text end
new text begin (1) the name, address, and date of birth of the applicant; new text end
new text begin (2) the address and legal property description of the business; new text end
new text begin (3) proof of trade name registration; new text end
new text begin (4) certification that the applicant will comply with the requirements of this chapter relating to the ownership and operation of a hemp business; new text end
new text begin (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 new text end
new text begin (6) a statement that the applicant agrees to respond to the office's supplemental requests for information. new text end
new text begin (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. new text end
new text begin (d) An application on behalf of a corporation or association shall be signed by at least two officers or managing agents of that entity. new text end
new text begin Subd. 2. new text end
new text begin Issuance; eligibility; prohibition on transfer. new text end
new text begin (a) The office may issue a hemp license to an applicant who: new text end
new text begin (1) is at least 21 years of age; new text end
new text begin (2) has completed an application for licensure or application for renewal and has fully and truthfully complied with all information requests relating to license application and renewal; new text end
new text begin (3) has paid the applicable application and license fees pursuant to section 342.11; new text end
new text begin (4) is not employed by the office or any state agency with regulatory authority over this chapter; and new text end
new text begin (5) does not hold any Previous cannabis Next business license. new text end
new text begin (b) Licenses must be renewed annually. new text end
new text begin (c) Licenses may not be transferred. new text end
Sec. 45.
new text begin [342.45] LOWER-POTENCY HEMP EDIBLE MANUFACTURER. 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 manufacturer license entitles the license holder to: new text end
new text begin (1) purchase hemp plant parts, hemp concentrate, and artificially derived cannabinoids from Previous cannabis Next microbusinesses, Previous cannabis Next mezzobusinesses, Previous cannabis Next manufacturers, Previous cannabis Next wholesalers, and lower-potency hemp edible manufacturers; new text end
new text begin (2) purchase hemp plant parts and propagules from industrial hemp growers licensed under chapter 18K; new text end
new text begin (3) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K; new text end
new text begin (4) make hemp concentrate; new text end
new text begin (5) manufacture artificially derived cannabinoids; new text end
new text begin (6) manufacture lower-potency hemp edibles for public consumption; new text end
new text begin (7) package and label lower-potency hemp edibles for sale to customers; new text end
new text begin (8) sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other Previous cannabis Next businesses and hemp businesses; and new text end
new text begin (9) perform other actions approved by the office. new text end
new text begin Subd. 2. new text end
new text begin All manufacturer operations. new text end
new text begin (a) All hemp manufacturing must take place in a facility and on equipment that meets the applicable health and safety requirements established by the office, including requirements for cleaning and testing machinery between production of different products. new text end
new text begin (b) A lower-potency hemp edible manufacturer must comply with all applicable packaging, labeling, and testing requirements. new text end
new text begin Subd. 3. new text end
new text begin Extraction and concentration. new text end
new text begin (a) A lower-potency hemp edible manufacturer that creates hemp concentrate or artificially derived cannabinoids must obtain an endorsement from the office. new text end
new text begin (b) A lower-potency hemp edible manufacturer seeking an endorsement to create hemp concentrate must inform the office of all methods of extraction and concentration that the manufacturer intends to use and identify the volatile chemicals, if any, that will be involved in the creation of hemp concentrate. A lower-potency hemp edible manufacturer may not use a method of extraction and concentration or a volatile chemical without approval by the office. new text end
new text begin (c) A lower-potency hemp edible manufacturer seeking an endorsement to create artificially derived cannabinoids must inform the office of all methods of conversion that the manufacturer will use, including any specific catalysts that the manufacturer will employ, to create artificially derived cannabinoids and the molecular nomenclature of all cannabinoids or other chemical compounds that the manufacturer will create. A business licensed or authorized to manufacture lower-potency hemp edibles may not use a method of conversion or a catalyst without approval by the office. new text end
new text begin (d) A lower-potency hemp edible manufacturer must obtain a certification from an independent third-party industrial hygienist or professional engineer approving: new text end
new text begin (1) all electrical, gas, fire suppression, and exhaust systems; and new text end
new text begin (2) the plan for safe storage and disposal of hazardous substances, including but not limited to any volatile chemicals. new text end
new text begin (e) Upon the sale of hemp concentrate or artificially derived cannabinoids to any person, cooperative, or business, a lower-potency hemp edible manufacturer must provide a statement to the buyer that discloses the method of extraction and concentration or conversion used and any solvents, gases, or catalysts, including but not limited to any volatile chemicals involved in that method. new text end
new text begin Subd. 4. new text end
new text begin Production of consumer products. new text end
new text begin (a) A lower-potency hemp edible manufacturer that produces lower-potency hemp edibles must obtain an edible cannabinoid product handler endorsement from the office. new text end
new text begin (b) All areas within the premises of a lower-potency hemp edible manufacturer used for producing lower-potency hemp edibles must meet the sanitary standards specified in rules adopted by the office. new text end
new text begin (c) A lower-potency hemp edible manufacturer may only add chemicals or compounds approved by the office to hemp concentrate or artificially derived cannabinoids. new text end
new text begin (d) Upon the sale of any lower-potency hemp edible to a Previous cannabis Next business or hemp business, a lower-potency hemp edible manufacturer must provide a statement to the buyer that discloses the product's ingredients, including but not limited to any chemicals or compounds and any major food allergens declared by name. new text end
new text begin (e) A lower-potency hemp edible manufacturer shall not add any artificially derived cannabinoid, hemp plant part, or hemp concentrate to a product if the manufacturer of the product holds a trademark to the product's name, except that a lower-potency hemp edible manufacturer may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and if the lower-potency hemp edible manufacturer does not state or advertise to the customer that the final retail lower-potency hemp edible contains a trademarked food product. new text end
new text begin (f) A lower-potency hemp edible manufacturer shall not add any Previous cannabis Next flower, Previous cannabis Next concentrate, or cannabinoid derived from Previous cannabis Next flower or Previous cannabis Next concentrate to a product. new text end
new text begin Subd. 5. new text end
new text begin Transportation of hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles. new text end
new text begin (a) A lower-potency hemp edible manufacturer may transport hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles on public roadways provided: new text end
new text begin (1) the artificially derived cannabinoids, hemp concentrate, or 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 artificially derived cannabinoids, hemp concentrate, or 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 manufacturer has a shipping manifest in the lower-potency hemp edible manufacturer'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 artificially derived cannabinoids, hemp concentrate, or lower-potency hemp edibles; and new text end
new text begin (6) the lower-potency hemp edible manufacturer complies with any other rules adopted by the office. new text end
new text begin (b) Any vehicle assigned for the purposes of transporting artificially derived cannabinoids, hemp concentrate, or lower-potency hemp edibles is subject to inspection at any time. new text end
Sec. 46.
new text begin [342.46] LOWER-POTENCY HEMP EDIBLE RETAILER. new text end
new text begin Subdivision 1. new text end
new text begin Sale of lower-potency hemp edibles. new text end
new text begin (a) A lower-potency hemp edible retailer may only sell lower-potency hemp edibles to individuals who are at least 21 years of age. new text end
new text begin (b) A lower-potency hemp edible retailer may sell lower-potency hemp edibles that: new text end
new text begin (1) are obtained from a licensed Minnesota Previous cannabis Next microbusiness, Previous cannabis Next mezzobusiness, Previous cannabis Next manufacturer, Previous cannabis Next wholesaler, or lower-potency hemp edible manufacturer; and new text end
new text begin (2) meet all applicable packaging and labeling requirements. new text end
new text begin Subd. 2. new text end
new text begin Sale of other products. new text end
new text begin A lower-potency hemp edible retailer may sell other products or items for which the lower-potency hemp edible retailer has a license or authorization or that do not require a license or authorization. new text end
new text begin Subd. 3. new text end
new text begin Age verification. new text end
new text begin Prior to initiating a sale, 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 end
new text begin Subd. 4. new text end
new text begin Display and storage of lower-potency hemp edibles. new text end
new text begin A lower-potency hemp edible retailer 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 end
new text begin Subd. 5. new text end
new text begin Transportation of lower-potency hemp edibles. new text end
new text begin (a) A lower-potency hemp edible retailer may transport lower-potency hemp edibles on public roadways provided: new text end
new text begin (1) the lower-potency hemp edibles are in final packaging; 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 retailer has a shipping manifest in the lower-potency hemp edible retailer'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; and new text end
new text begin (6) the lower-potency hemp edible retailer complies with any other rules adopted by the office. new text end
new text begin (b) 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 Subd. 6. new text end
new text begin Compliant products. new text end
new text begin (a) A lower-potency hemp edible retailer shall ensure that all lower-potency hemp edibles offered for sale comply with the limits on the amount and types of cannabinoids that a lower-potency hemp edible can contain, including but not limited to the requirement that lower-potency hemp edibles: new text end
new 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; new text end
new text begin (2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and new text end
new text begin (3) do not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol. new text end
new 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. 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. new text end
new 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. new text end
new text begin Subd. 7. new text end
new text begin Prohibitions. new text end
new text begin A lower-potency hemp edible retailer may not: new text end
new text begin (1) sell lower-potency hemp edibles to an individual who is under 21 years of age; new text end
new text begin (2) sell a lower-potency hemp edible to a person who is visibly intoxicated; new text end
new text begin (3) sell Previous cannabis Next flower, Previous cannabis Next products, or hemp-derived consumer products; new text end
new text begin (4) allow for the dispensing of lower-potency hemp edibles in vending machines; or new text end
new text begin (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 end
new text begin Subd. 8. new text end
new text begin On-site consumption. new text end
new text begin (a) A lower-potency hemp edible retailer may permit on-site consumption of lower-potency hemp edibles on a portion of its premises if it has an on-site consumption endorsement. new text end
new text begin (b) The office shall issue an on-site consumption endorsement to any lower-potency hemp edible retailer that also holds an on-sale license issued under chapter 340A. new text end
new text begin (c) A lower-potency hemp edible retailer must ensure that lower-potency hemp edibles sold for on-site consumption comply with this chapter and rules adopted pursuant to this chapter regarding testing. new text end
new text begin (d) Lower-potency hemp edibles sold for on-site consumption, other than lower-potency hemp edibles that are intended to be consumed as a beverage, must be served in the required packaging, but may be removed from the products' packaging by customers and consumed on site. new text end
new text begin (e) Lower-potency hemp edibles that are intended to be consumed as a beverage may be served outside of their packaging provided that the information that is required to be contained on the label of a lower-potency hemp edible is posted or otherwise displayed by the lower-potency hemp edible retailer. Hemp workers who serve beverages under this paragraph are not required to obtain an edible cannabinoid product handler endorsement under section 342.07, subdivision 3. new text end
new text begin (f) Food and beverages not otherwise prohibited by this subdivision may be prepared and sold on site provided that the lower-potency hemp edible retailer complies with all relevant state and local laws, ordinances, licensing requirements, and zoning requirements. new text end
new text begin (g) A lower-potency hemp edible retailer may offer recorded or live entertainment provided that the lower-potency hemp edible retailer complies with all relevant state and local laws, ordinances, licensing requirements, and zoning requirements. new text end
new text begin (h) In addition to the prohibitions under subdivision 7, a lower-potency hemp edible retailer with an on-site consumption endorsement may not: new text end
new text begin (1) sell lower-potency hemp edibles to a customer who the lower-potency hemp edible retailer knows or reasonably should know is intoxicated or has consumed alcohol within the previous five hours; new text end
new text begin (2) sell lower-potency hemp edibles that are designed or reasonably expected to be mixed with an alcoholic beverage; or new text end
new text begin (3) permit lower-potency hemp edibles that have been removed from the products' packaging to be removed from the premises of the lower-potency hemp edible retailer. new text end
new text begin Subd. 9. new text end
new text begin Posting of notices. new text end
new text begin A lower-potency hemp edible retailer must post all notices as provided in section 342.27, subdivision 6. new text end
new text begin Subd. 10. new text end
new text begin Building conditions. new text end
new text begin (a) A lower-potency hemp edible retailer shall maintain compliance with state and local building, fire, and zoning codes, requirements, or regulations. new text end
new text begin (b) A lower-potency hemp edible retailer shall ensure that the licensed premises is maintained in a clean and sanitary condition, free from infestation by insects, rodents, or other pests. new text end
new text begin Subd. 11. new text end
new text begin Enforcement. new text end
new text begin The office shall inspect lower-potency hemp edible retailers and take enforcement action as provided in sections 342.19 and 342.21. new text end
Sec. 47.
new text begin [342.47] MEDICAL Previous CANNABIS Next BUSINESS LICENSES. new text end
new text begin Subdivision 1. new text end
new text begin License types. new text end
new text begin (a) The office shall issue the following types of medical Previous cannabis Next business licenses: new text end
new text begin (1) medical Previous cannabis Next cultivator; new text end
new text begin (2) medical Previous cannabis Next processor; new text end
new text begin (3) medical Previous cannabis Next retailer; and new text end
new text begin (4) medical Previous cannabis Next combination business license. new text end
new text begin (b) The Division of Medical Previous Cannabis Next may oversee the licensing and regulation of medical Previous cannabis Next businesses. new text end
new text begin Subd. 2. new text end
new text begin Multiple licenses; limits. new text end
new text begin (a) Except as provided in subdivision 3, a person, cooperative, or business holding: new text end
new text begin (1) a medical Previous cannabis Next cultivator license may also hold a medical Previous cannabis Next processor license, a Previous cannabis Next cultivator license, a Previous cannabis Next manufacturer license, and a Previous cannabis Next event organizer license subject to the ownership limitations that apply to those licenses; new text end
new text begin (2) a medical Previous cannabis Next processor license may also hold a medical Previous cannabis Next cultivator license, a Previous cannabis Next cultivator license, a Previous cannabis Next manufacturer license, and a Previous cannabis Next event organizer license subject to the ownership limitations that apply to those licenses; or new text end
new text begin (3) a medical Previous cannabis Next retailer license may also hold a Previous cannabis Next mezzobusiness license, a Previous cannabis Next retailer license, a Previous cannabis Next delivery service license, and a Previous cannabis Next event organizer license subject to the ownership limitations that apply to those licenses. new text end
new text begin (b) Except as provided in paragraph (a), no person, cooperative, or business holding a medical Previous cannabis Next license may own or operate any other Previous cannabis Next business or hemp business. new text end
new text begin (c) The office by rule may limit the number of medical Previous cannabis Next business licenses that a person or business may hold. new text end
new text begin (d) For purposes of this subdivision, a restriction on the number of licenses or type of license that a business may hold applies to every cooperative member or every director, manager, and general partner of a medical Previous cannabis Next business. new text end
new text begin Subd. 3. new text end
new text begin Medical Previous cannabis Next combination business license. new text end
new text begin (a) A person, cooperative, or business holding a medical Previous cannabis Next combination license is prohibited from owning or operating any other Previous cannabis Next business or hemp business. new text end
new text begin (b) A person or business may only hold one medical Previous cannabis Next combination license. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective March 1, 2025. new text end
Sec. 48.
new text begin [342.48] MEDICAL Previous CANNABIS Next BUSINESS APPLICATIONS. new text end
new text begin In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a medical Previous cannabis Next business license must submit the following information in a form approved by the office: new text end
new text begin (1) for medical Previous cannabis Next cultivator license applicants: new text end
new text begin (i) an operating plan demonstrating the proposed size and layout of the cultivation facility; plans for wastewater and waste disposal for the cultivation facility; plans for providing electricity, water, and other utilities necessary for the normal operation of the cultivation facility; and plans for compliance with applicable building code and federal and state environmental and workplace safety requirements; new text end
new text begin (ii) a cultivation plan demonstrating the proposed size and layout of the cultivation facility that will be used exclusively for cultivation for medical Previous cannabis Next , including the total amount of plant canopy; and new text end
new text begin (iii) evidence that the business will comply with the applicable operation requirements for the license being sought; new text end
new text begin (2) for medical Previous cannabis Next processor license applicants: new text end
new text begin (i) an operating plan demonstrating the proposed layout of the facility, including a diagram of ventilation and filtration systems; plans for wastewater and waste disposal for the manufacturing facility; plans for providing electricity, water, and other utilities necessary for the normal operation of the manufacturing facility; and plans for compliance with applicable building code and federal and state environmental and workplace safety requirements; new text end
new text begin (ii) all methods of extraction and concentration that the applicant intends to use and the volatile chemicals, if any, that are involved in extraction or concentration; new text end
new text begin (iii) if the applicant is seeking an endorsement to manufacture products infused with cannabinoids for consumption by patients enrolled in the registry program, proof of an edible cannabinoid product handler endorsement from the office; and new text end
new text begin (iv) evidence that the applicant will comply with the applicable operation requirements for the license being sought; new text end
new text begin (3) for medical Previous cannabis Next retailer license applicants: new text end
new text begin (i) a list of every retail license held by the applicant and, if the applicant is a business, every retail license held, either as an individual or as part of another business, by each officer, director, manager, and general partner of the Previous cannabis Next business; new text end
new text begin (ii) an operating plan demonstrating the proposed layout of the facility, including a diagram of ventilation and filtration systems, policies to avoid sales to individuals who are not authorized to receive the distribution of medical Previous cannabis Next flower or medical cannabinoid products, identification of a restricted area for storage, and plans to prevent the visibility of Previous cannabis Next flower and cannabinoid products; and new text end
new text begin (iii) evidence that the applicant will comply with the applicable operation requirements for the license being sought; or new text end
new text begin (4) for medical Previous cannabis Next combination license applicants: new text end
new text begin (i) the information required under clauses (1) to (3); and new text end
new text begin (ii) any additional information required under sections 342.30, subdivision 3; 342.31, subdivision 3; and 342.32, subdivision 3. new text end
Sec. 49.
new text begin [342.49] MEDICAL Previous CANNABIS Next CULTIVATORS. new text end
new text begin (a) A medical Previous cannabis Next cultivator license entitles the license holder to grow Previous cannabis Next plants within the approved amount of space up to 60,000 square feet of plant canopy from seed or immature plant to mature plant, harvest Previous cannabis Next flower from a mature plant, package and label Previous cannabis Next flower as medical Previous cannabis Next flower, sell medical Previous cannabis Next flower to medical Previous cannabis Next processors and medical Previous cannabis Next retailers, transport medical Previous cannabis Next flower to a medical Previous cannabis Next processor located on the same premises, and perform other actions approved by the office. new text end
new text begin (b) A medical Previous cannabis Next cultivator license holder must comply with all requirements of section 342.25. new text end
new text begin (c) A medical Previous cannabis Next cultivator license holder must verify that every batch of medical Previous cannabis Next flower has passed safety, potency, and consistency testing at a Previous cannabis Next testing facility approved by the office for the testing of medical Previous cannabis Next flower before the medical Previous cannabis Next cultivator may package, label, or sell the medical Previous cannabis Next flower to any other entity. new text end
new text begin (d) A medical Previous cannabis Next cultivator may exceed the limit of 60,000 square feet of plant canopy if it was legally cultivating medical Previous cannabis Next with a greater plant canopy as of April 1, 2023. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective March 1, 2025. new text end
Sec. 50.
new text begin [342.50] MEDICAL Previous CANNABIS Next PROCESSORS. new text end
new text begin (a) A medical Previous cannabis Next processor license, consistent with the specific license endorsement or endorsements, entitles the license holder to: new text end
new text begin (1) purchase medical Previous cannabis Next flower, medical cannabinoid products, hemp plant parts, and hemp concentrate from medical Previous cannabis Next cultivators and other medical Previous cannabis Next processors; new text end
new text begin (2) purchase hemp plant parts from industrial hemp growers; new text end
new text begin (3) make Previous cannabis Next concentrate from medical Previous cannabis Next flower; new text end
new text begin (4) make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight; new text end
new text begin (5) manufacture medical cannabinoid products; new text end
new text begin (6) package and label medical cannabinoid products for sale to other medical Previous cannabis Next processors and to medical Previous cannabis Next retailers; and new text end
new text begin (7) perform other actions approved by the office. new text end
new text begin (b) A medical Previous cannabis Next processor license holder must comply with all requirements of section 342.26, including requirements to obtain specific license endorsements. new text end
new text begin (c) A medical Previous cannabis Next processor license holder must verify that every batch of medical cannabinoid product has passed safety, potency, and consistency testing at a Previous cannabis Next testing facility approved by the office for the testing of medical cannabinoid products before the medical Previous cannabis Next processor may package, label, or sell the medical cannabinoid product to any other entity. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective March 1, 2025. new text end
Sec. 51.
new text begin [342.51] MEDICAL Previous CANNABIS Next RETAILERS. new text end
new text begin Subdivision 1. new text end
new text begin Authorized actions. new text end
new text begin (a) A medical Previous cannabis Next retailer license entitles the license holder to purchase medical Previous cannabis Next flower and medical cannabinoid products from medical Previous cannabis Next cultivators and medical Previous cannabis Next processors and sell or distribute medical Previous cannabis Next flower and medical cannabinoid products to any person authorized to receive medical Previous cannabis Next flower or medical cannabinoid products. new text end
new text begin (b) A medical Previous cannabis Next retailer license holder must verify that all medical Previous cannabis Next flower and medical cannabinoid products have passed safety, potency, and consistency testing at a Previous cannabis Next testing facility approved by the office for the testing of medical Previous cannabis Next flower and medical cannabinoid products before the medical Previous cannabis Next retailer may distribute the medical Previous cannabis Next flower or medical cannabinoid product to any person authorized to receive medical Previous cannabis Next flower or medical cannabinoid products. new text end
new text begin Subd. 2. new text end
new text begin Distribution requirements. new text end
new text begin (a) Prior to distribution of medical Previous cannabis Next flower or medical cannabinoid products, a medical Previous cannabis Next retailer licensee must: new text end
new text begin (1) review and confirm the patient's registry verification; new text end
new text begin (2) verify that the person requesting the distribution of medical Previous cannabis Next 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 specified in section 152.11, subdivision 2d; new text end
new text begin (3) ensure that a pharmacist employee of the medical Previous cannabis Next retailer has consulted with the patient if required according to subdivision 3; and new text end
new text begin (4) apply a patient-specific label on the medical Previous cannabis Next flower or medical cannabinoid product that includes recommended dosage requirements and other information as required by rules adopted by the office. new text end
new text begin (b) A medical Previous cannabis Next retailer may not deliver medical Previous cannabis Next flower or medical cannabinoid products unless the medical Previous cannabis Next retailer also holds a Previous cannabis Next delivery service license. Delivery of medical Previous cannabis Next flower and medical cannabinoid products are subject to the provisions of section 342.42. new text end
new text begin Subd. 3. new text end
new text begin Final approval for distribution of medical Previous cannabis Next flower and medical cannabinoid products. new text end
new text begin (a) A Previous cannabis Next worker who is employed by a medical Previous cannabis Next retailer and who is licensed as a pharmacist pursuant to chapter 151 shall be the only person who may give final approval for the distribution of medical Previous cannabis Next flower and medical cannabinoid products. Prior to the distribution of medical Previous cannabis Next flower or medical cannabinoid products, a pharmacist employed by the medical Previous cannabis Next retailer must consult with the patient to determine the proper type of medical Previous cannabis Next flower, medical cannabinoid product, or medical Previous cannabis Next paraphernalia and proper dosage for the patient after reviewing the range of chemical compositions of medical Previous cannabis Next flower or medical cannabinoid product. For purposes of this subdivision, a consultation may be conducted remotely by secure videoconference, telephone, or other remote means, as long as: new text end
new text begin (1) the pharmacist engaging in the consultation is able to confirm the identity of the patient; and new text end
new text begin (2) the consultation adheres to patient privacy requirements that apply to health care services delivered through telemedicine. new text end
new text begin (b) Notwithstanding paragraph (a), a pharmacist consultation is not required prior to the distribution of medical Previous cannabis