SF 345

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to health; providing for the medical use of marijuana; providing civil and
1.3criminal penalties; appropriating money;amending Minnesota Statutes 2006,
1.4section 13.3806, by adding a subdivision; proposing coding for new law in
1.5Minnesota Statutes, chapter 152.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2006, section 13.3806, is amended by adding a
1.8subdivision to read:
1.9    Subd. 21. Medical use of marijuana data. Data collected by the commissioner of
1.10health relating to registrations for the medical use of marijuana are classified in section
1.11152.25, subdivision 5.

1.12    Sec. 2. [152.22] DEFINITIONS.
1.13    Subdivision 1. Applicability. For purposes of sections 152.22 to 152.31, the terms
1.14defined in this section have the meanings given them.
1.15    Subd. 2. Allowable amount of marijuana. (a) With respect to a qualifying patient,
1.16the "allowable amount of marijuana" means:
1.17    (1) 2.5 ounces of usable marijuana; and
1.18    (2) any amount of other parts of the marijuana plant.
1.19    (b) With respect to a primary caregiver, the "allowable amount of marijuana" for
1.20each patient means:
1.21    (1) 2.5 ounces of usable marijuana; and
1.22    (2) any amount of other parts of the marijuana plant.
1.23    (c) With respect to a registered organization, the "allowable amount of marijuana"
1.24for each patient means:
2.1    (1) 12 marijuana plants;
2.2    (2) 2.5 ounces of usable marijuana; and
2.3    (3) any amount of other parts of the marijuana plant.
2.4    Subd. 3. Commissioner. "Commissioner" means the commissioner of health.
2.5    Subd. 4. Debilitating medical condition. "Debilitating medical condition" means:
2.6    (1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, Tourette's
2.7Syndrome, or the treatment of these conditions;
2.8    (2) a chronic or debilitating disease or medical condition or its treatment that
2.9produces one or more of the following: cachexia or wasting syndrome; intractable pain,
2.10which is pain that has not responded to ordinary medical or surgical measures for more
2.11than six months; severe nausea; seizures, including, but not limited to, those characteristic
2.12of epilepsy; severe and persistent muscle spasms, including, but not limited to, those
2.13characteristic of multiple sclerosis and Crohn's disease; or agitation of Alzheimer's disease;
2.14    (3) the condition of an HIV-positive patient when the patient's condition has
2.15worsened and the patient's physician believes the patient could benefit from consumption
2.16of marijuana; or
2.17    (4) any other medical condition or its treatment approved by the commissioner.
2.18    Subd. 5. Department. "Department" means the Minnesota Department of Health.
2.19    Subd. 6. Medical use. "Medical use" means the acquisition, possession, use,
2.20delivery, transfer, or transportation of marijuana or paraphernalia relating to the
2.21consumption of marijuana to alleviate a registered qualifying patient's debilitating medical
2.22condition or symptoms associated with the medical condition.
2.23    Subd. 7. Practitioner. "Practitioner" means a licensed doctor of medicine, a
2.24licensed doctor of osteopathy licensed to practice medicine, a physician assistant, or an
2.25advance practice registered nurse.
2.26    Subd. 8. Primary caregiver. "Primary caregiver" means a person who is at least
2.2718 years old and who has agreed to assist with a qualifying patient's medical use of
2.28marijuana. A primary caregiver may assist no more than five qualifying patients with
2.29their medical use of marijuana.
2.30    Subd. 9. Qualifying patient. "Qualifying patient" means a person who has been
2.31diagnosed by a practitioner as having a debilitating medical condition.
2.32    Subd. 10. Registry identification card. "Registry identification card" means a
2.33document issued by the commissioner that identifies a person as a qualifying patient or
2.34primary caregiver.
3.1    Subd. 11. Usable marijuana. "Usable marijuana" means the dried leaves and
3.2flowers of the marijuana plant, and any mixture or preparation of it, but does not include
3.3the seeds, stalks, and roots of the plant.
3.4    Subd. 12. Written certification. "Written certification" means a statement signed
3.5by a practitioner, stating that in the practitioner's professional opinion the potential
3.6benefits of the medical use of marijuana would likely outweigh the health risks for the
3.7qualifying patient. A written certification shall only be made in the course of a bona fide
3.8practitioner-patient relationship after the practitioner has completed a full assessment
3.9of the qualifying patient's medical history. The written certification shall specify the
3.10qualifying patient's debilitating medical condition or conditions.

3.11    Sec. 3. [152.23] PROTECTIONS FOR MEDICAL USE OF MARIJUANA.
3.12    Subdivision 1. Qualifying patient. A qualifying patient who possesses a registry
3.13identification card shall not be subject to arrest, prosecution, or penalty in any manner, or
3.14denied any right or privilege, including, but not limited to, civil penalty or disciplinary
3.15action by a business or occupational or professional licensing board or entity, for the
3.16medical use of marijuana, provided that the qualifying patient possesses an amount of
3.17marijuana that does not exceed the allowable amount.
3.18    Subd. 2. Primary caregiver. A primary caregiver who possesses a registry
3.19identification card shall not be subject to arrest, prosecution, or penalty in any manner, or
3.20denied any right or privilege, including, but not limited to, civil penalty or disciplinary
3.21action by a business or occupational or professional licensing board or entity, for
3.22assisting a qualifying patient to whom the primary caregiver is connected through the
3.23commissioner's registration process with the medical use of marijuana, provided that the
3.24primary caregiver possesses an amount of marijuana that does not exceed the allowable
3.25amount of marijuana for each qualifying patient to whom the primary caregiver is
3.26connected through the registration process.
3.27    Subd. 3. Discrimination prohibited. No school, employer, or landlord may refuse
3.28to enroll, employ, lease to, or otherwise penalize a person solely for the person's status as a
3.29registered qualifying patient or a registered primary caregiver.
3.30    Subd. 4. Presumption. (a) There is a presumption that a qualifying patient or
3.31primary caregiver is engaged in the medical use of marijuana if the qualifying patient or
3.32primary caregiver:
3.33    (1) is in possession of a registry identification card; and
3.34    (2) is in possession of an amount of marijuana that does not exceed the amount
3.35permitted under sections 152.22 to 152.31.
4.1    (b) The presumption may be rebutted by evidence that conduct related to marijuana
4.2was not for the purpose of alleviating the qualifying patient's debilitating medical
4.3condition or symptoms associated with the medical condition.
4.4    Subd. 5. Caregiver's reimbursement. A primary caregiver may receive
4.5reimbursement for costs associated with assisting with a registered qualifying patient's
4.6medical use of marijuana. Compensation does not constitute sale of controlled substances.
4.7    Subd. 6. Practitioner. A practitioner shall not be subject to arrest, prosecution, or
4.8penalty in any manner or denied any right or privilege, including, but not limited to, civil
4.9penalty or disciplinary action by the Board of Medical Practice or by another business,
4.10occupational, or professional licensing board or entity, solely for providing written
4.11certifications or otherwise stating that, in the practitioner's professional opinion, the
4.12potential benefits of the medical use of marijuana would likely outweigh the health risks
4.13for a patient, provided that nothing shall prevent a practitioner from being sanctioned for
4.14failure to properly evaluate a patient's medical condition or otherwise violate the standard
4.15of care for evaluating medical conditions.
4.16    Subd. 7. Property rights. (a) Any interest in or right to property that is possessed,
4.17owned, or used in connection with the medical use of marijuana, or acts incidental to
4.18such use, is not forfeited.
4.19    (b) A law enforcement agency that seizes and does not return usable marijuana to a
4.20registered qualifying patient or a registered primary caregiver is liable to the cardholder
4.21for the value of the marijuana. The value shall be presumed to be $200 per ounce, or
4.22the proportionate share of an ounce, unless the cardholder shows that the cardholder
4.23purchased the marijuana from a registered organization at a different price.
4.24    Subd. 8. Arrest and prosecution prohibited. No person is subject to arrest
4.25or prosecution for constructive possession, conspiracy, aiding and abetting, being an
4.26accessory, or any other offense for being in the presence or vicinity of the medical use
4.27of marijuana as permitted under sections 152.22 to 152.31 or for assisting a registered
4.28qualifying patient with using or administering marijuana.
4.29    Subd. 9. Nursing facilities. Nursing facilities licensed under chapter 144A or
4.30boarding care homes licensed under section 144.50 may adopt reasonable restrictions on
4.31the use of medical marijuana by their residents. Such restrictions may include a provision
4.32that the facility will not store or maintain the patient's supply of medical marijuana, that
4.33caregivers or the hospice agencies serving their residents are not responsible for providing
4.34the marijuana for qualifying patients, that marijuana be consumed in a method other than
4.35smoking, and that medical marijuana be consumed only in a place specified by the facility.
5.1Nothing contained herein, however, shall require such facilities to adopt such restrictions
5.2and no facility shall unreasonably limit a qualifying patient's access to or use of marijuana.

5.3    Sec. 4. [152.25] REGISTRY IDENTIFICATION CARDS; ISSUANCE.
5.4    Subdivision 1. Requirements; issuance. (a) The commissioner shall issue registry
5.5identification cards to qualifying patients who submit:
5.6    (1) a written certification;
5.7    (2) the application or renewal fee of $100;
5.8    (3) the name, address, and date of birth of the qualifying patient, except that if the
5.9applicant is homeless, no address is required;
5.10    (4) the name, address, and telephone number of the qualifying patient's practitioner;
5.11and
5.12    (5) the name, address, and date of birth of each primary caregiver of the qualifying
5.13patient, if any.
5.14    (b) The commissioner shall not issue a registry identification card to a qualifying
5.15patient under the age of 18 unless:
5.16    (1) the qualifying patient's practitioner has explained the potential risks and benefits
5.17of the medical use of marijuana to the qualifying patient and to a parent, guardian, or
5.18person having legal custody of the qualifying patient; and
5.19    (2) a parent, guardian, or person having legal custody consents in writing to:
5.20    (i) allow the qualifying patient's medical use of marijuana;
5.21    (ii) serve as one of the qualifying patient's primary caregivers; and
5.22    (iii) control the acquisition of marijuana, the dosage, and the frequency of the
5.23medical use of marijuana by the qualifying patient.
5.24    (c) The commissioner shall verify the information contained in an application or
5.25renewal submitted under this section and shall approve or deny an application or renewal
5.26within 15 days of receiving it. The commissioner may deny an application or renewal
5.27only if the applicant did not provide the information required under this section or if the
5.28commissioner determines that the information provided was falsified. Rejection of an
5.29application or renewal is a final agency action, subject to judicial review. Jurisdiction and
5.30venue for judicial review are vested in the district court.
5.31    (d) The commissioner shall issue a registry identification card to each primary
5.32caregiver, if any, who is named in a qualifying patient's approved application, up to a
5.33maximum of two primary caregivers per qualifying patient.
6.1    (e) The commissioner shall issue a registry identification card within five days of
6.2approving an application or renewal. The card expires one year after the date of issuance.
6.3A registry identification card shall contain:
6.4    (1) the name, address, and date of birth of the qualifying patient;
6.5    (2) the name, address, and date of birth of each primary caregiver of the qualifying
6.6patient, if any;
6.7    (3) the date of issuance and expiration date of the registry identification card; and
6.8    (4) a random registry identification number.
6.9    Subd. 2. Notification of changes; penalties. (a) A qualifying patient who has been
6.10issued a registry identification card shall notify the commissioner within ten days of any
6.11change in the qualifying patient's name, address, or primary caregiver or if the qualifying
6.12patient ceases to have a debilitating medical condition.
6.13    (b) Failure to notify the commissioner of a change as required under paragraph (a) is
6.14a civil violation, punishable by a fine of no more than $150. If the person has ceased to
6.15have a debilitating medical condition, the card is null and void and the person is liable for
6.16any other penalties that may apply to the person's nonmedical use of marijuana.
6.17    (c) A registered primary caregiver shall notify the commissioner within ten days of
6.18any change in the caregiver's name or address. Failure to notify the commissioner of the
6.19change is a civil violation, punishable by a fine of no more than $150.
6.20    (d) When a qualifying patient or primary caregiver notifies the commissioner of any
6.21changes under this subdivision, the commissioner shall issue the qualifying patient and
6.22each primary caregiver a new registry identification card within ten days of receiving the
6.23updated information and a $10 fee.
6.24    (e) When a registered qualifying patient ceases to use the assistance of a registered
6.25primary caregiver, the commissioner shall notify the primary caregiver within ten days.
6.26The primary caregiver's protections as provided under section 152.23 expire ten days after
6.27notification by the commissioner.
6.28    Subd. 3. Lost cards. If a registered qualifying patient or a registered primary
6.29caregiver loses a registry identification card, the patient or caregiver shall notify the
6.30commissioner and submit a $10 fee within ten days of losing the card. Within five days of
6.31receiving notification and the required fee, the commissioner shall issue a new registry
6.32identification card with a new random identification number.
6.33    Subd. 4. Card as probable cause. Possession of, or application for, a registry
6.34identification card does not constitute probable cause or reasonable suspicion, nor shall it
6.35be used to support a search of the person or property of the person possessing or applying
7.1for the registry identification card, or otherwise subject the person or property of the
7.2person to inspection by any governmental agency.
7.3    Subd. 5. Data practices. (a) Applications and supporting information submitted
7.4by qualifying patients, including information regarding their primary caregivers and
7.5practitioners, are confidential.
7.6    (b) The commissioner shall maintain a confidential list of the persons to whom the
7.7department has issued registry identification cards. Individual names and other identifying
7.8information on the list shall be confidential, exempt from the Minnesota Freedom of
7.9Information Act, and not subject to disclosure, except to authorized employees of the
7.10department as necessary to perform official duties of the department.
7.11    (c) The commissioner shall verify to law enforcement personnel whether a registry
7.12identification card is valid solely by confirming the random registry identification number.
7.13    (d) It shall be a crime, punishable by up to 90 days in jail and a $1,000 fine, for
7.14any person, including an employee or official of the department or another state agency
7.15or local government, to breach the confidentiality of information obtained pursuant to
7.16this act. Notwithstanding this provision, the department employees may notify law
7.17enforcement about falsified or fraudulent information submitted to the department.
7.18    Subd. 6. Report. The commissioner shall report annually to the legislature on the
7.19number of applications for registry identification cards, the number of qualifying patients
7.20and primary caregivers approved, the nature of the debilitating medical conditions of the
7.21qualifying patients, the number of registry identification cards revoked, and the number of
7.22practitioners providing written certification for qualifying patients. The commissioner
7.23must not include identifying information on qualifying patients, primary caregivers, or
7.24practitioners in the report.
7.25    Subd. 7. Submission of false records; criminal penalty. A person who knowingly
7.26submits false records or documentation required by the commissioner of health to certify
7.27an organization under sections 152.22 to 152.31 is guilty of a felony and may be sentenced
7.28to imprisonment for not more than five years or to payment of a fine of not more than
7.29$10,000, or both.
7.30    Subd. 8. Appropriations. Fees raised by this section and section 152.31 are
7.31deposited in the state government special revenue fund.

7.32    Sec. 5. [152.26] CONSTRUCTION.
7.33    (a) Sections 152.22 to 152.31 do not permit:
8.1    (1) a person to undertake a task under the influence of marijuana, when doing
8.2so would constitute negligence, professional malpractice, or failure to practice with
8.3reasonable skill and safety;
8.4    (2) smoking of marijuana:
8.5    (i) in a school bus or other form of public transportation;
8.6    (ii) on school grounds;
8.7    (iii) in a correctional facility;
8.8    (iv) in any public place; or
8.9    (v) where the smoke may be inhaled by a minor child; or
8.10    (3) a person to operate, navigate, or be in actual physical control of any motor
8.11vehicle, aircraft, train, or motorboat while under the influence of marijuana. However, a
8.12registered qualifying patient shall not be considered to be under the influence solely for
8.13having marijuana metabolites in the patient's system.
8.14    (b) Nothing in sections 152.22 to 152.31 shall be construed to require:
8.15    (1) a government medical assistance program or private health insurer to reimburse a
8.16person for costs associated with the medical use of marijuana; or
8.17    (2) an employer to accommodate the medical use of marijuana in any workplace.

8.18    Sec. 6. [152.27] PENALTIES.
8.19    Fraudulent representation to a law enforcement official of any fact or circumstance
8.20relating to the medical use of marijuana to avoid arrest or prosecution is punishable by a
8.21fine of $500, which shall be in addition to any other penalties that may apply for making a
8.22false statement and for the nonmedical use of marijuana.

8.23    Sec. 7. [152.29] AFFIRMATIVE DEFENSE AND DISMISSAL FOR MEDICAL
8.24MARIJUANA.
8.25    (a) Except as provided in section 152.26, a person and a person's primary caregiver,
8.26if any, may assert the medical purpose for using marijuana as a defense to any prosecution
8.27involving marijuana, and such defense shall be presumed valid where the evidence shows
8.28that:
8.29    (1) a practitioner has stated that, in the practitioner's professional opinion, after
8.30having completed a full assessment of the person's medical history and current medical
8.31condition made in the course of a bona fide practitioner-patient relationship, the potential
8.32benefits of using marijuana for medical purposes would likely outweigh the health risks
8.33for the person; and
9.1    (2) the person and the person's primary caregiver, if any, were collectively in
9.2possession of a quantity of marijuana that was not more than was reasonably necessary
9.3to ensure the uninterrupted availability of marijuana for the purpose of alleviating the
9.4person's medical condition or symptoms associated with the medical condition.
9.5    (b) A person may assert the medical purpose for using marijuana in a motion to
9.6dismiss, and the charges shall be dismissed following an evidentiary hearing where the
9.7defendant shows the elements listed in paragraph (a).
9.8    (c) Any interest in or right to property that was possessed, owned, or used in
9.9connection with a person's use of marijuana for medical purposes shall not be forfeited if
9.10the person or the person's primary caregiver demonstrates the person's medical purpose for
9.11using marijuana under this section.
9.12    (d) This section sunsets on June 30, 2008.

9.13    Sec. 8. [152.30] SEVERABILITY.
9.14    Any provision of sections 152.22 to 152.31 being held invalid as to any person or
9.15circumstances shall not affect the application of any other provision of sections 152.22 to
9.16152.31 that can be given full effect without the invalid section or application.

9.17    Sec. 9. [152.31] REGISTERED ORGANIZATION.
9.18    Subdivision 1. Definition. For purposes of this section, "registered organization"
9.19means a nonprofit entity registered with the commissioner under this section that acquires,
9.20possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses
9.21marijuana, or related supplies and educational materials to registered qualifying patients
9.22and their registered primary caregivers. A registered organization is a primary caregiver,
9.23although it may supply marijuana to any number of registered qualifying patients who
9.24have designated it as one of their primary caregivers.
9.25    Subd. 2. Registration requirements. (a) The commissioner shall issue a registered
9.26organization license within 20 days to any person who provides:
9.27    (1) a fee in an amount established by the commissioner notwithstanding section
9.2816A.1283, which shall not exceed $1,000;
9.29    (2) the name of the registered organization;
9.30    (3) the physical addresses of the registered organization and any other real property
9.31where marijuana is to be possessed, cultivated, manufactured, supplied, or dispensed
9.32relating to the operations of the registered organization; and
9.33    (4) the name, address, and date of birth of any person who is an agent of or employed
9.34by the registered organization.
10.1    (b) The commissioner shall issue each agent and employee of a registered
10.2organization a registry identification card for a cost of $10 each within ten days of receipt
10.3of the person's identifying information and the fee. Each card shall specify that the
10.4cardholder is an employee or agent of a registered organization.
10.5    Subd. 3. Expiration. A license for a registered organization and each employee or
10.6agent registry identification card expires one year after the date of issuance.
10.7    Subd. 4. Inspection. Registered organizations are subject to reasonable inspection
10.8by the commissioner.
10.9    Subd. 5. Organization requirements. (a) Registered organizations must be
10.10established as nonprofit entities. Registered organizations are subject to all applicable state
10.11laws governing nonprofit entities, but need not be recognized as a 501(c)(3) organization
10.12by the Internal Revenue Service.
10.13    (b) Registered organizations may not be located within 500 feet of the property line
10.14of a public school, private school, or structure used primarily for religious services or
10.15worship.
10.16    (c) The operating documents of a registered organization shall include procedures
10.17for the oversight of the registered organization and procedures to ensure adequate record
10.18keeping.
10.19    (d) A registered organization shall notify the commissioner within ten days of when
10.20an employee or agent ceases to work at the registered organization.
10.21    (e) The registered organization shall notify the commissioner before a new agent or
10.22employee begins working at the registered organization, in writing, and the organization
10.23shall submit a $10 fee for the person's registry identification card.
10.24    (f) No registered organization shall be subject to prosecution, search, seizure, or
10.25penalty in any manner or denied any right or privilege, including, but not limited to, civil
10.26penalty or disciplinary action by a business, occupational, or professional licensing board
10.27or entity, for acting according to sections 152.22 to 152.31 to assist registered qualifying
10.28patients to whom it is connected through the commissioner's registration process with the
10.29medical use of marijuana, provided that the registered organization possesses an amount
10.30of marijuana that does not exceed 12 marijuana plants and 2.5 ounces of usable marijuana
10.31for each registered qualifying patient.
10.32    (g) No employees, agents, or board members of a registered organization shall
10.33be subject to arrest, prosecution, search, seizure, or penalty in any manner or denied
10.34any right or privilege, including, but not limited to, civil penalty or disciplinary action
10.35by a business, occupational, or professional licensing board or entity, for working for a
10.36registered organization according to sections 152.22 to 152.31.
11.1    (h) The registered organization is prohibited from acquiring, possessing, cultivating,
11.2manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana
11.3for any purpose except to assist registered qualifying patients with the medical use of
11.4marijuana directly or through the qualifying patients' other primary caregivers.
11.5    Subd. 6. Background checks; felony drug convictions. (a) The department shall
11.6request a criminal history background check from the superintendent of the Bureau of
11.7Criminal Apprehension on all employees, agents, and board members of a registered
11.8organization. An application for registry identification cards for employees, agents, and
11.9board members must be accompanied by an executed criminal history consent form,
11.10including fingerprints.
11.11    (b) The superintendent of the Bureau of Criminal Apprehension shall perform
11.12the background check required under paragraph (a) by retrieving criminal history data
11.13maintained in the Criminal Justice Information System computers and shall also conduct
11.14a search of the national criminal records repository, including the criminal justice data
11.15communications network. The superintendent is authorized to exchange fingerprints with
11.16the Federal Bureau of Investigation for purposes of the criminal history check.
11.17    (c) The Bureau of Criminal Apprehension and its agents may not directly or
11.18indirectly disclose to the Federal Bureau of Investigation or any other person that the
11.19purpose of the background check is related to the medical use of marijuana or registered
11.20organizations.
11.21    (d) The department shall refuse to issue a registry card to any agent, employee, or
11.22board member of a registered organization who has been convicted of a drug felony. The
11.23department shall notify the registered organization in writing of the purpose for denying
11.24the registry identification card. However, the department may grant the person a registry
11.25identification card if the person's conviction was for the medical use of marijuana or
11.26assisting with the medical use of marijuana.
11.27    (e) If a registered organization has employed an agent, board member, or employee
11.28and is notified that the person failed the background check, it shall terminate the person's
11.29status as an agent, board member, or employee within 24 hours of receiving written
11.30notification. The result of the criminal background check is private information, and the
11.31registered organization may not disclose it, except to defend itself of any charges related
11.32to employment law.
11.33    (f) No person who has been convicted of a drug felony may be the agent, board
11.34member, or employee of a registered organization. Notwithstanding this provision, a
11.35person may apply to the department for a waiver if the person's conviction was for the
11.36medical use of marijuana or assisting with the medical use of marijuana. A person who is
12.1employed by, an agent of, or a board member of a registered organization in violation of
12.2this section is guilty of a civil violation punishable by a fine of up to $1,000. A subsequent
12.3violation of this section is a crime punishable by up to six months in jail and a $1,000 fine.
12.4    (g) No registered organization may knowingly and willfully allow a person who has
12.5been convicted of a drug felony to be its agent, board member, or employee unless the
12.6department has granted the person a registry identification card because the person's
12.7conviction was for the medical use of marijuana. A violation is punishable by a fine of
12.8up to $2,000.
12.9    Subd. 7. Penalty. The registered organization may not possess an amount of
12.10marijuana that exceeds the total of the allowable amounts of marijuana for the registered
12.11qualifying patients for whom the organization is a registered primary caregiver. The
12.12registered organization may not dispense, deliver, or otherwise transfer marijuana to a
12.13person other than a qualifying patient or the patient's primary caregiver. An intentional
12.14violation of this subdivision is a felony punishable by imprisonment for not more than two
12.15years or by payment of a fine of not more than $3,000, or both. This penalty is in addition
12.16to any other penalties applicable in law.

12.17    Sec. 10. APPROPRIATIONS.
12.18    $379,000 for fiscal year 2008 and $615,000 for fiscal year 2009 are appropriated
12.19from the state government special revenue fund to the commissioner of health to
12.20implement Minnesota Statutes, sections 152.22 to 152.31.

12.21    Sec. 11. EFFECTIVE DATE.
12.22    Sections 1 to 9 are effective the day following final enactment.