SF 3981

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/15/2022 09:11am

A bill for an act
relating to health; providing for the operation of Tribal medical cannabis programs;
establishing dual registration of Tribal patients; providing for transportation of
medical cannabis by manufacturers registered with Tribal medical cannabis
programs; authorizing Tribal compacts regarding medical cannabis; requiring a
report; amending Minnesota Statutes 2020, sections 152.22, subdivisions 3, 7, 9,
10, 13, by adding subdivisions; 152.27, by adding a subdivision; 152.29,
subdivisions 2, 4; 152.30; 152.32, subdivision 2; Minnesota Statutes 2021
Supplement, sections 152.22, subdivision 11; 152.29, subdivisions 1, 3; 152.31;
proposing coding for new law in Minnesota Statutes, chapter 152.

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

Section 1.

Minnesota Statutes 2020, section 152.22, subdivision 3, is amended to read:

Subd. 3.

Disqualifying felony offense.

"Disqualifying felony offense" means a violation
of a state or federal controlled substance law that is a felony under Minnesota law, or would
be a felony if committed in Minnesota, regardless of the sentence imposed, unless the
commissioner new text begin or a Tribal medical cannabis board new text end determines that the person's conviction
was for the medical use of cannabis or assisting with the medical use of cannabis.

Sec. 2.

Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to
read:

new text begin Subd. 5d. new text end

new text begin Indian lands. new text end

new text begin "Indian lands" means all lands within the limits of any Indian
reservation and any lands title which are either held in trust by the United States or over
which an Indian Tribe exercises governmental power.
new text end

Sec. 3.

Minnesota Statutes 2020, section 152.22, subdivision 7, is amended to read:

Subd. 7.

Medical cannabis manufacturer.

"Medical cannabis manufacturer" or
"manufacturer" means an entity registered by the commissioner new text begin or authorized by Tribal
compact new text end to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply, or
dispense medical cannabis, delivery devices, or related supplies and educational materials.

Sec. 4.

Minnesota Statutes 2020, section 152.22, subdivision 9, is amended to read:

Subd. 9.

Patient.

"Patient" means a Minnesota resident new text begin or Tribal member new text end who has been
diagnosed with a qualifying medical condition by a health care practitioner and who has
otherwise met any other requirements for patients under sections 152.22 to 152.37 to
participate in the registry program under sections 152.22 to 152.37.

Sec. 5.

Minnesota Statutes 2020, section 152.22, subdivision 10, is amended to read:

Subd. 10.

Patient registry number.

"Patient registry number" means a unique
identification number assigned by the commissioner to a patient enrolled in the new text begin state new text end registry
program new text begin or assigned by a Tribal medical cannabis board to a patient enrolled in a Tribal
medical cannabis program new text end .

Sec. 6.

Minnesota Statutes 2021 Supplement, section 152.22, subdivision 11, is amended
to read:

Subd. 11.

Registered designated caregiver.

"Registered designated caregiver" means
a person who:

(1) is at least 18 years old;

(2) does not have a conviction for a disqualifying felony offense;

(3) has been approved by the commissioner to assist a patient who requires assistance
in administering medical cannabis or obtaining medical cannabis from a distribution facility;
and

(4) is authorized by the commissioner new text begin or a Tribal medical cannabis board new text end to assist the
patient with the use of medical cannabis.

Sec. 7.

Minnesota Statutes 2020, section 152.22, subdivision 13, is amended to read:

Subd. 13.

Registry verification.

"Registry verification" means the verification provided
by the commissioner that a patient is enrolled in the new text begin state new text end registry program new text begin or the verification
provided by a Tribal medical cannabis board that a patient is enrolled in a Tribal medical
cannabis program new text end and that includes the patient's name, registry number, and, if applicable,
the name of the patient's registered designated caregiver or parent, legal guardian, or spouse.

Sec. 8.

Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to
read:

new text begin Subd. 15. new text end

new text begin Tribal medical cannabis board. new text end

new text begin "Tribal medical cannabis board" means an
agency established by a federally recognized Tribal government and duly authorized by the
Tribe's governing body to perform regulatory oversight and monitor compliance with a
Tribal medical cannabis program and applicable regulations.
new text end

Sec. 9.

Minnesota Statutes 2020, section 152.22, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Tribal medical cannabis program. new text end

new text begin "Tribal medical cannabis program" means
a program established by a federally recognized Tribal government and recognized by a
compact entered into under section 152.40 regarding the commercial production, processing,
sale or distribution, and possession of medical cannabis and medical cannabis products.
new text end

Sec. 10.

Minnesota Statutes 2020, section 152.27, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Dual enrollment. new text end

new text begin Upon receiving notice from a Tribal medical cannabis board
under section 152.30, paragraph (b), of a Tribal patient's enrollment in a Tribal medical
cannabis program, the commissioner shall enroll the Tribal patient in the state registry
program.
new text end

Sec. 11.

Minnesota Statutes 2021 Supplement, section 152.29, subdivision 1, is amended
to read:

Subdivision 1.

Manufacturer; requirements.

(a) A manufacturer may operate eight
distribution facilities, which may include the manufacturer's single location for cultivation,
harvesting, manufacturing, packaging, and processing but is not required to include that
location. The commissioner shall designate the geographical service areas to be served by
each manufacturer new text begin registered with the state registry program new text end based on geographical need
throughout the state to improve patient access. new text begin A Tribal medical cannabis board shall
designate the geographical service areas to be served by each manufacturer registered with
a Tribal medical cannabis program. new text end A manufacturer shall not have more than two distribution
facilities in each geographical service area assigned to the manufacturer by the commissioner new text begin
or Tribal medical cannabis board new text end . A manufacturer shall operate only one location where all
cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis shall
be conducted. This location may be one of the manufacturer's distribution facility sites. The
additional distribution facilities may dispense medical cannabis and medical cannabis
products but may not contain any medical cannabis in a form other than those forms allowed
under section 152.22, subdivision 6, and the manufacturer shall not conduct any cultivation,
harvesting, manufacturing, packaging, or processing at the other distribution facility sites.
Any distribution facility operated by the manufacturer is subject to all of the requirements
applying to the manufacturer under sections 152.22 to 152.37, including, but not limited
to, security and distribution requirements.

(b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may
acquire hemp products produced by a hemp processor. A manufacturer may manufacture
or process hemp and hemp products into an allowable form of medical cannabis under
section 152.22, subdivision 6. Hemp and hemp products acquired by a manufacturer under
this paragraph are subject to the same quality control program, security and testing
requirements, and other requirements that apply to medical cannabis under sections 152.22
to 152.37 and Minnesota Rules, chapter 4770.

(c) new text begin For manufacturers registered with the state program, new text end a medical cannabis manufacturer
shall contract with a laboratory approved by the commissioner, subject to any additional
requirements set by the commissioner, for purposes of testing medical cannabis manufactured
or hemp or hemp products acquired by the medical cannabis manufacturer as to content,
contamination, and consistency to verify the medical cannabis meets the requirements of
section 152.22, subdivision 6. The cost of laboratory testing shall be paid by the manufacturer.

new text begin (d) For manufacturers registered with a Tribal medical cannabis program, a manufacturer
shall contract with a laboratory approved by a Tribal medical cannabis board, subject to
any additional requirements set by the Tribal medical cannabis board, for the purposes
specified in paragraph (c). The cost of laboratory testing shall be paid by the manufacturer.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end The operating documents of a manufacturer must include:

(1) procedures for the oversight of the manufacturer and procedures to ensure accurate
record keeping;

(2) procedures for the implementation of appropriate security measures to deter and
prevent the theft of medical cannabis and unauthorized entrance into areas containing medical
cannabis; and

(3) procedures for the delivery and transportation of hemp between hemp growers and
manufacturers and for the delivery and transportation of hemp products between hemp
processors and manufacturers.

deleted text begin (e) deleted text end new text begin (f) new text end A manufacturer shall implement security requirements, including requirements
for the delivery and transportation of hemp and hemp products, protection of each location
by a fully operational security alarm system, facility access controls, perimeter intrusion
detection systems, and a personnel identification system.

deleted text begin (f) deleted text end new text begin (g) new text end A manufacturer shall not share office space with, refer patients to a health care
practitioner, or have any financial relationship with a health care practitioner.

deleted text begin (g) deleted text end new text begin (h) new text end A manufacturer shall not permit any person to consume medical cannabis on the
property of the manufacturer.

deleted text begin (h) deleted text end new text begin (i) new text end A manufacturer is subject to reasonable inspection by the commissioner.

deleted text begin (i) deleted text end new text begin (j) new text end For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is
not subject to the Board of Pharmacy licensure or regulatory requirements under chapter
151.

deleted text begin (j) deleted text end new text begin (k) new text end A medical cannabis manufacturer may not employ any person who is under 21
years of age or who has been convicted of a disqualifying felony offense. An employee of
a medical cannabis manufacturer must submit a completed criminal history records check
consent form, a full set of classifiable fingerprints, and the required fees for submission to
the Bureau of Criminal Apprehension before an employee may begin working with the
manufacturer. The bureau must conduct a Minnesota criminal history records check and
the superintendent is authorized to exchange the fingerprints with the Federal Bureau of
Investigation to obtain the applicant's national criminal history record information. The
bureau shall return the results of the Minnesota and federal criminal history records checks
to the commissioner.

deleted text begin (k) deleted text end new text begin (l) new text end A manufacturer may not operate in any location, whether for distribution or
cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a
public or private school existing before the date of the manufacturer's registration with the
commissioner.

deleted text begin (l) deleted text end new text begin (m) new text end A manufacturer shall comply with reasonable restrictions set by the commissioner
relating to signage, marketing, display, and advertising of medical cannabis.

deleted text begin (m) deleted text end new text begin (n) new text end Before a manufacturer acquires hemp from a hemp grower or hemp products
from a hemp processor, the manufacturer must verify that the hemp grower or hemp processor
has a valid license issued by the commissioner of agriculture under chapter 18K.

deleted text begin (n) deleted text end new text begin (o) new text end Until a state-centralized, seed-to-sale system is implemented that can track a
specific medical cannabis plant from cultivation through testing and point of sale, the
commissioner shall conduct at least one unannounced inspection per year of each
manufacturer that includes inspection of:

(1) business operations;

(2) physical locations of the manufacturer's manufacturing facility and distribution
facilities;

(3) financial information and inventory documentation, including laboratory testing
results; and

(4) physical and electronic security alarm systems.

Sec. 12.

Minnesota Statutes 2020, section 152.29, subdivision 2, is amended to read:

Subd. 2.

Manufacturer; production.

(a) A manufacturer of medical cannabis shall
provide a reliable and ongoing supply of all medical cannabis needed for the registry program
through cultivation by the manufacturer and through the purchase of hemp from hemp
growers.

(b) All cultivation, harvesting, manufacturing, packaging, and processing of medical
cannabis must take place in an enclosed, locked facility at a physical address provided to
the commissioner new text begin or a Tribal medical cannabis board new text end during the registration process.

(c) A manufacturer must process and prepare any medical cannabis plant material or
hemp plant material into a form allowable under section 152.22, subdivision 6, prior to
distribution of any medical cannabis.

Sec. 13.

Minnesota Statutes 2021 Supplement, section 152.29, subdivision 3, is amended
to read:

Subd. 3.

Manufacturer; distribution.

(a) A manufacturer shall require that employees
licensed as pharmacists pursuant to chapter 151 be the only employees to give final approval
for the distribution of medical cannabis to a patient. A manufacturer may transport medical
cannabis or medical cannabis products that have been cultivated, harvested, manufactured,
packaged, and processed by that manufacturer to another registered manufacturer for the
other manufacturer to distribute.

(b) A manufacturer may distribute medical cannabis products, whether or not the products
have been manufactured by that manufacturer.

(c) Prior to distribution of any medical cannabis, the manufacturer shall:

(1) verify that the manufacturer has received the registry verification from the
commissioner new text begin or a Tribal medical cannabis board new text end for that individual patient;

(2) verify that the person requesting the distribution of medical cannabis is the patient,
the patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse
listed in the registry verification using the procedures described in section 152.11, subdivision
2d;

(3) assign a tracking number to any medical cannabis distributed from the manufacturer;

(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to
chapter 151 has consulted with the patient to determine the proper dosage for the individual
patient after reviewing the ranges of chemical compositions of the medical cannabis and
the ranges of proper dosages reported by the commissioner. For purposes of this clause, a
consultation may be conducted remotely by secure videoconference, telephone, or other
remote means, so long as the employee providing the consultation is able to confirm the
identity of the patient and the consultation adheres to patient privacy requirements that apply
to health care services delivered through telehealth. A pharmacist consultation under this
clause is not required when a manufacturer is distributing medical cannabis to a patient
according to a patient-specific dosage plan established with that manufacturer and is not
modifying the dosage or product being distributed under that plan and the medical cannabis
is distributed by a pharmacy technician;

(5) properly package medical cannabis in compliance with the United States Poison
Prevention Packing Act regarding child-resistant packaging and exemptions for packaging
for elderly patients, and label distributed medical cannabis with a list of all active ingredients
and individually identifying information, including:

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

(ii) the name and date of birth of the patient's registered designated caregiver or, if listed
on the registry verification, the name of the patient's parent or legal guardian, if applicable;

(iii) the patient's registry identification number;

(iv) the chemical composition of the medical cannabis; and

(v) the dosage; and

(6) ensure that the medical cannabis distributed contains a maximum of a 90-day supply
of the dosage determined for that patient.

(d) A manufacturer shall require any employee of the manufacturer who is transporting
medical cannabis or medical cannabis products to a distribution facility or to another
registered manufacturer to carry identification showing that the person is an employee of
the manufacturer.

(e) A manufacturer shall distribute medical cannabis in dried raw cannabis form only
to a patient age 21 or older, or to the registered designated caregiver, parent, legal guardian,
or spouse of a patient age 21 or older.

Sec. 14.

Minnesota Statutes 2020, section 152.29, subdivision 4, is amended to read:

Subd. 4.

Report.

Each manufacturer new text begin registered with the state program new text end shall report to
the commissioner on a monthly basis the following information on each individual patient
for the month prior to the report:

(1) the amount and dosages of medical cannabis distributed;

(2) the chemical composition of the medical cannabis; and

(3) the tracking number assigned to any medical cannabis distributed.

Sec. 15.

new text begin [152.291] TRIBAL MEDICAL CANNABIS PROGRAM; MANUFACTURER
TRANSPORTATION OF MEDICAL CANNABIS.
new text end

new text begin (a) A manufacturer registered with a Tribal medical cannabis program may transport
medical cannabis to testing laboratories in the state and to other Indian lands.
new text end

new text begin (b) A manufacturer registered with a Tribal medical cannabis program must staff a motor
vehicle used to transport medical cannabis with at least two employees of the manufacturer.
Each employee in the transport vehicle must carry identification specifying that the employee
is an employee of the manufacturer and one employee in the transport vehicle must carry
a detailed transportation manifest that includes the place and time of departure, the address
of the destination, and a description and count of the medical cannabis being transported.
new text end

Sec. 16.

Minnesota Statutes 2020, section 152.30, is amended to read:

152.30 PATIENT DUTIES.

(a) A patient shall apply to the commissioner for enrollment in the new text begin state new text end registry program
by submitting an application as required in section 152.27 and an annual registration fee as
determined under section 152.35.

new text begin (b) A patient of a Tribal Nation shall apply to a Tribal medical cannabis board for
enrollment in the Tribal medical cannabis program. Upon enrollment, the Tribal medical
cannabis board shall notify the commissioner of the Tribal patient's enrollment. When the
commissioner receives this notice and enrolls the patient in the state registry program, the
Tribal patient shall be dually enrolled in the Tribal medical cannabis program and the state
registry program.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end As a condition of continued enrollment, patients shall agree to:

(1) continue to receive regularly scheduled treatment for their qualifying medical
condition from their health care practitioner; and

(2) report changes in their qualifying medical condition to their health care practitioner.

deleted text begin (c) deleted text end new text begin (d) new text end A patient shall only receive medical cannabis from a registered manufacturer but
is not required to receive medical cannabis products from only a registered manufacturer.

Sec. 17.

Minnesota Statutes 2021 Supplement, section 152.31, is amended to read:

152.31 DATA PRACTICES.

(a) Government data new text begin or Tribal medical cannabis board data new text end in patient files maintained
by the commissioner and the health care practitioner, and data submitted to or by a medical
cannabis manufacturer, are private data on individuals, as defined in section 13.02,
subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9, but may be
used for purposes of complying with chapter 13 and complying with a request from the
legislative auditor or the state auditor in the performance of official duties. The provisions
of section 13.05, subdivision 11, apply to a registration agreement entered between the
commissioner and a medical cannabis manufacturer under section 152.25 new text begin or to a registration
agreement entered between a Tribal medical cannabis board and a medical cannabis
manufacturer new text end .

(b) Not public data maintained by the commissioner new text begin or by a Tribal medical cannabis
board new text end may not be used for any purpose not provided for in sections 152.22 to 152.37, and
may not be combined or linked in any manner with any other list, dataset, or database.

(c) The commissioner may execute data sharing arrangements with the commissioner
of agriculture to verify licensing, inspection, and compliance information related to hemp
growers and hemp processors under chapter 18K.

Sec. 18.

Minnesota Statutes 2020, section 152.32, subdivision 2, is amended to read:

Subd. 2.

Criminal and civil protections.

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

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

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

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

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

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

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

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

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

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

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

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

(j) Possession of a registry verification or application for enrollment in the program by
a person entitled to possess or apply for enrollment in the registry program does not constitute
probable cause or reasonable suspicion, nor shall it be used to support a search of the person
or property of the person possessing or applying for the registry verification, or otherwise
subject the person or property of the person to inspection by any governmental agency.

Sec. 19.

new text begin [152.40] MEDICAL CANNABIS; COMPACTS TO BE NEGOTIATED
WITH EACH TRIBAL NATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or
community of Indians located within the geographical boundaries of the state of Minnesota.
new text end

new text begin (c) "Medical cannabis" has the meaning given in section 152.22, subdivision 6.
new text end

new text begin (d) "Medical cannabis product" means any delivery device or related supplies and
educational materials used in the administration of medical cannabis.
new text end

new text begin Subd. 2. new text end

new text begin Negotiations authorized. new text end

new text begin Following a public hearing, the governor or the
governor's designated representatives are authorized to negotiate in good faith a compact
with an Indian Tribe regulating medical cannabis and medical cannabis products. The
attorney general is the legal counsel for the governor or the governor's representatives in
regard to negotiating a compact under this section. If the governor designates representatives
to negotiate under this subdivision, the designated representatives must include at least two
members of the senate and at least two members of the house of representatives, two of
whom must be the chairs of the senate and house of representatives standing committees
with jurisdiction over health policy.
new text end

new text begin Subd. 3. new text end

new text begin Terms of compact; rights of parties. new text end

new text begin (a) A compact agreed to under this
section may address any issues related to medical cannabis and medical cannabis products
that affect the interests of both the state and Indian Tribe or that otherwise have an impact
on Tribal-state relations. At a minimum, a compact agreed to under this section must address:
new text end

new text begin (1) enforcement of criminal and civil laws;
new text end

new text begin (2) regulation of the commercial production, processing, sale or distribution, and
possession of medical cannabis and medical cannabis products;
new text end

new text begin (3) medical and pharmaceutical research involving medical cannabis and medical cannabis
products;
new text end

new text begin (4) taxation of medical cannabis and medical cannabis products, including establishing
an appropriate amount and method of revenue sharing;
new text end

new text begin (5) immunities of an Indian Tribe or preemption of state law regarding the production,
processing, or sale or distribution of medical cannabis and medical cannabis products; and
new text end

new text begin (6) the method for resolution of disputes involving the compact, including the use of
mediation or other alternative dispute resolution processes and procedures.
new text end

new text begin (b) In addressing the issues identified under paragraph (a), the governor or the governor's
designated representatives shall only enter into agreements that:
new text end

new text begin (1) provide for the preservation of public health and safety;
new text end

new text begin (2) ensure the security of production, processing, retail, and research facilities on Tribal
land; and
new text end

new text begin (3) establish provisions regulating business involving medical cannabis and medical
cannabis products that pass between Tribal land and non-Tribal land in the state.
new text end

new text begin Subd. 4. new text end

new text begin Taxes and fees. new text end

new text begin Notwithstanding any law to the contrary, any compact agreed
to under this section shall establish all taxes, fees, assessments, and other charges related
to the production, processing, sale or distribution, and possession of medical cannabis and
medical cannabis products.
new text end

new text begin Subd. 5. new text end

new text begin Civil and criminal immunities. new text end

new text begin The following acts, when performed by a
validly licensed medical cannabis retailer operated by an Indian Tribe or an employee of a
medical cannabis retailer operated by an Indian Tribe according to a compact agreed to
under this section do not constitute a criminal or civil offense under state law:
new text end

new text begin (1) possession, purchase, and receipt of medical cannabis and medical cannabis products
that are properly packaged and labeled as authorized under a compact agreed to under to
this section; and
new text end

new text begin (2) delivery, distribution, and sale of medical cannabis and medical cannabis products
as authorized under a compact agreed to under this section and that take place on the premises
of a medical cannabis retailer on Tribal land.
new text end

new text begin Subd. 6. new text end

new text begin Publication on website; report. new text end

new text begin (a) The governor shall post any compact
agreed to under this section on a publicly accessible website.
new text end

new text begin (b) The governor, the attorney general, and the governor's designated representatives
shall report annually to the legislative committees with jurisdiction over health, taxation,
and commerce. The annual report shall contain information on compacts negotiated under
this section and an outline of prospective negotiations.
new text end