2026 Minnesota Statutes

342.51 MEDICAL CANNABIS ENDORSEMENTS.

Subdivision 1.

MS 2024 [Repealed, 2026 c 123 s 118]

[See Note.]

Subd. 1a.Types of medical cannabis endorsements; authorized actions.

The office may issue the following types of medical cannabis endorsements to a license holder:

(1) a medical cannabis cultivation endorsement;

(2) a medical cannabis manufacturer endorsement; and

(3) a medical cannabis retail endorsement.

Subd. 1b.Medical cannabis cultivation endorsement.

(a) A cannabis microbusiness, cannabis mezzobusiness, cannabis macrobusiness, or cannabis cultivator with a cannabis cultivation endorsement may apply for and obtain a medical cannabis cultivation endorsement.

(b) A cannabis business with a medical cannabis cultivation endorsement must:

(1) comply with the requirements of section 342.25; and

(2) otherwise meet all applicable requirements established by the office.

(c) A medical cannabis cultivation endorsement entitles the license holder to perform the actions authorized in section 342.30, subdivision 1.

(d) A cannabis microbusiness with a medical cannabis cultivation endorsement that cultivates cannabis at an indoor facility may cultivate an additional 1,000 square feet of cannabis indoors or one-quarter acre outdoors in addition to the limits in section 342.28.

(e) A cannabis mezzobusiness with a medical cannabis cultivation endorsement may cultivate an additional 3,000 square feet of cannabis indoors or one-half acre outdoors in addition to the limits in section 342.29.

(f) A cannabis cultivator with a medical cannabis cultivation endorsement may cultivate an additional 6,000 square feet indoors or one acre outdoors in addition to the limits in section 342.30.

(g) Annually, at least one quarter of all cannabis flower cultivated by a cannabis business with a medical cannabis cultivation endorsement must be sold by the license holder to a cannabis business with a medical cannabis endorsement, including the license holder if the license holder has a medical cannabis manufacturing endorsement or medical cannabis retail endorsement.

Subd. 1c.Medical cannabis manufacturer endorsement.

(a) A cannabis microbusiness, cannabis mezzobusiness, cannabis macrobusiness, or cannabis manufacturer with a cannabis extraction and concentration endorsement, hemp extraction and concentration endorsement, or creation of artificially derived cannabinoids endorsement may apply for and obtain a medical cannabis manufacturer endorsement.

(b) A cannabis business with a medical cannabis manufacturer endorsement must:

(1) comply with the requirements of section 342.26;

(2) manufacture high medical need products identified by the office; and

(3) otherwise meet all applicable requirements established by the office.

(c) A medical cannabis manufacturer endorsement entitles a license holder to:

(1) manufacture medical cannabinoid products; and

(2) sell medical cannabinoid products only to other cannabis businesses with a medical cannabis manufacturer endorsement or medical cannabis retail endorsement.

(d) A medical cannabinoid product must be labeled with a "Minnesota Medical Cannabis" warning symbol and must only be sold to a person, patient, or caregiver enrolled in the registry program or a visiting patient.

(e) A medical cannabis manufacturer endorsement held by a cannabis microbusiness entitles the license holder to exceed the manufacturing limits of cannabis by dry weight up to 25 percent above the limit established by the office in rule.

(f) A medical cannabis manufacturer endorsement held by a cannabis mezzobusiness entitles the license holder to exceed the manufacturing limits of cannabis by dry weight up to 25 percent above the limit established by the office in rule.

Subd. 1d.Medical cannabis retail endorsement.

(a) A cannabis microbusiness, cannabis mezzobusiness, cannabis macrobusiness, or cannabis retailer with a cannabis retail operations endorsement may apply for and obtain a medical cannabis retail endorsement.

(b) A cannabis business with a medical cannabis retail endorsement must:

(1) comply with all requirements of this section and section 342.27;

(2) employ or contract with a medical cannabis consultant who has a certificate issued by the office and completed the required training or a licensed pharmacist under chapter 151 to consult and provide final authorization for a person enrolled in the registry program;

(3) ensure availability of patient consultations as required under this section;

(4) ensure that patients and caregivers enrolled in the registry program receive priority service;

(5) carry all products identified by the office as high medical need; and

(6) otherwise meet all applicable requirements established by the office.

(c) The office must identify high medical need products and publish a list of all high medical need products on the office's publicly accessible website, including at least the following product types:

(1) pill;

(2) water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles;

(3) orally dissolvable product, including lozenge, gum, mint, buccal tablet, and sublingual tablet; and

(4) tincture.

(d) A medical cannabis retail endorsement held by a cannabis business entitles the license holder to perform the actions authorized in section 342.32, subdivision 1.

(e) A cannabis microbusiness with a medical retail endorsement may operate one additional retail location in excess of the limit in section 342.28, subdivision 2, paragraph (d), if at least one retail location is located in an area identified by the office as a high medical need area.

(f) A cannabis mezzobusiness with a medical cannabis retail endorsement may operate two additional retail locations in excess of the limit in section 342.29, subdivision 2, paragraph (d), if the retail locations are located in an area identified by the office as a high medical need area.

(g) A cannabis retailer with a medical cannabis retail endorsement may operate up to three additional retail locations in excess of the limit established in section 342.32, subdivision 2, if the retail locations are located in an area identified by the office as a high medical need area.

(h) Notwithstanding paragraph (b), clause (2), a cannabis macrobusiness with a medical cannabis retail endorsement must employ at least one employee who earned a medical cannabis consultant certificate issued by the office and has completed the required training or has at least one employee who is a licensed pharmacist under chapter 151.

Subd. 1e.Additional authorized actions; medical cannabis delivery endorsement.

A cannabis macrobusiness with a medical cannabis retail endorsement or a cannabis delivery license holder may apply for and obtain a medical cannabis delivery endorsement to deliver medical cannabis flower and medical cannabinoid products to patients enrolled in the registry program; registered designated caregivers; and parents, legal guardians, and spouses of an enrolled patient if the cannabis business:

(1) provides the office with the information required in section 342.41, subdivision 2; and

(2) complies with the requirements of subdivisions 2 and 3 and section 342.42.

Subd. 2.Distribution requirements.

(a) Prior to distribution of medical cannabis flower or medical cannabinoid products to a person enrolled in the registry program, an employee of a cannabis business must:

(1) review and confirm the patient's enrollment in the registry program;

(2) verify that the person requesting the distribution of medical cannabis flower or medical cannabinoid products is the patient, the patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse using the procedures established by the office;

(3) confirm that the patient had a consultation with (i) a medical cannabis consultant who has a valid certificate issued by the office; or (ii) a licensed pharmacist under chapter 151 to determine the proper medical cannabis flower or medical cannabinoid product, dosage, and paraphernalia for the patient if required under subdivision 3;

(4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid product that includes recommended dosage requirements and other information as required by the office; and

(5) provide the patient with any other information required by the office.

(b) A cannabis business with a medical cannabis retail endorsement may not deliver medical cannabis flower or medical cannabinoid products to a person enrolled in the registry program unless the cannabis business with a medical cannabis retail endorsement also holds a cannabis delivery service license or a medical cannabis delivery endorsement. The delivery of medical cannabis flower and medical cannabinoid products are subject to the provisions of section 342.42.

(c) A cannabis business with a medical cannabis retail endorsement may not distribute, sell, or deliver medical cannabis flower and medical cannabinoid products intended to be vaporized to a person enrolled in the registry program if the product is intended for a patient under 21 years of age.

(d) A cannabis macrobusiness with a medical cannabis retail endorsement must confirm that the patient had a consultation with (1) an employee with a medical cannabis consultant certificate issued by the office and who has completed the required training, or (2) an employee who is a licensed pharmacist under chapter 151 to determine the proper medical cannabis flower or medical cannabinoid product, dosage, and paraphernalia for the patient if required under subdivision 3.

Subd. 2a.Distribution to visiting patients.

(a) A cannabis business with a medical cannabis retail endorsement may distribute medical cannabis flower or medical cannabinoid products to a visiting patient.

(b) Before receiving a distribution of medical cannabis, a visiting patient must provide to an employee of the cannabis business:

(1) a valid medical cannabis registration verification card or equivalent document issued under the laws and regulations of another state, district, commonwealth, Tribal Nation, or territory that indicates that the visiting patient is authorized to use medical cannabis in the issuing jurisdiction; and

(2) a valid photographic identification card issued by the visiting patient's medical cannabis program, a valid driver's license, or a valid state identification card.

(c) Prior to the distribution of medical cannabis flower or medical cannabinoid products to a visiting patient, an employee of a cannabis business must:

(1) ensure that a patient-specific label has been applied to all medical cannabis flower and medical cannabinoid products. The label must include the recommended dosage requirements and other information required by the office; and

(2) provide the patient with any other information required by the office.

(d) For each transaction that involves a visiting patient, a cannabis business with a medical cannabis retail endorsement must report to the office on a weekly basis:

(1) the name of the visiting patient;

(2) the name of the medical cannabis program in which the visiting patient is enrolled;

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

(4) the chemical composition of the medical cannabis distributed; and

(5) the tracking number assigned to the medical cannabis that was distributed to the visiting patient.

(e) A cannabis business with a medical cannabis retail endorsement may distribute medical cannabis flower and medical cannabinoid products to a visiting patient in a motor vehicle if:

(1) an employee of the cannabis business receives payment and distributes medical cannabis flower and medical cannabinoid products in a designated zone that is as close as feasible to the front door of the facility where the cannabis business is located;

(2) the cannabis business with a medical cannabis retail endorsement ensures that the receipt of payment and distribution of medical cannabis flower and medical cannabinoid products are visually recorded by a closed-circuit television surveillance camera and provides any other necessary security safeguards required by the office;

(3) the cannabis business with a medical cannabis retail endorsement does not store medical cannabis flower or medical cannabinoid products outside a restricted access area;

(4) an employee of the cannabis business transports medical cannabis flower and medical cannabinoid products from a restricted access area to the designated zone for distribution to patients only after confirming that the visiting patient has arrived in the designated zone;

(5) the payment for and distribution of medical cannabis flower and medical cannabinoid products to a patient only occurs after meeting the requirements in paragraph (b);

(6) immediately following the distribution of medical cannabis flower or medical cannabinoid products to a patient, an employee of the cannabis business records the transaction in the statewide monitoring system; and

(7) immediately following the distribution of medical cannabis flower and medical cannabinoid products, an employee of the cannabis business transports all payments received into the facility where the cannabis business is located.

Subd. 3.Final approval for distribution of medical cannabis flower and medical cannabinoid products.

(a) Final approval for the distribution of medical cannabis flower and medical cannabinoid products may only be given by a licensed pharmacist under chapter 151 or a medical cannabis consultant who has a certificate issued by the office after consultation with the patient to determine the proper type of medical cannabis flower, medical cannabinoid product, or medical cannabis paraphernalia, and the proper dosage for the patient after reviewing the range of chemical compositions of medical cannabis flower or medical cannabinoid product intended for distribution:

(1) if the patient is purchasing the medical cannabis flower or medical cannabinoid product for the first time;

(2) if the patient purchases medical cannabis flower or a medical cannabinoid product that the patient must administer using a different method than the patient's previous method of administration;

(3) if the patient purchases medical cannabis flower or a medical cannabinoid product with a cannabinoid concentration of at least double the patient's prior dosage; or

(4) upon the request of the patient.

(b) For purposes of this subdivision, a consultation may be conducted remotely by secure videoconference, telephone, or other remote means, as long as:

(1) the pharmacist or consultant engaging in the consultation is able to confirm the identity of the patient; and

(2) the consultation adheres to patient privacy requirements that apply to health care services delivered through telemedicine.

(c) A cannabis macrobusiness must have an employee who is either a medical cannabis consultant who has a certificate issued by the office and completed the required training or a licensed pharmacist under chapter 151.

Subd. 4.

MS 2023 Supp [Repealed by amendment, 2024 c 121 art 2 s 99]

Subd. 5.Distribution to recipient in a motor vehicle.

A cannabis business with a medical cannabis retail endorsement may distribute medical cannabis flower and medical cannabinoid products to a person enrolled in the registry program who is at a dispensary location but remains in a motor vehicle if:

(1) staff receive payment and distribute medical cannabis flower and medical cannabinoid products in a designated zone that is as close as feasible to the front door of the facility;

(2) the cannabis business with a medical cannabis retail endorsement ensures that the receipt of payment and distribution of medical cannabis flower and medical cannabinoid products are visually recorded by a closed-circuit television surveillance camera and provides any other necessary security safeguards;

(3) the cannabis business with a medical cannabis retail endorsement does not store medical cannabis flower or medical cannabinoid products outside a restricted access area and staff transport medical cannabis flower and medical cannabinoid products from a restricted access area to the designated zone for distribution only after confirming that the person enrolled in the registry program has arrived in the designated zone;

(4) the payment for and distribution of medical cannabis flower and medical cannabinoid products take place only after meeting the requirements in subdivision 2;

(5) immediately following the distribution of medical cannabis flower or medical cannabinoid products, staff record the transaction in the statewide monitoring system; and

(6) immediately following the distribution of medical cannabis flower and medical cannabinoid products, staff take the payment received into the facility.

Subd. 6.Enforcement.

The office may enforce this section under the relevant provisions of section 342.19, including but not limited to issuing administrative orders, embargoing products, and imposing civil penalties. The office may suspend or revoke the medical cannabis endorsement of a license holder if the office determines that the business is not actively participating in the medical cannabis market by not making available at each retail location high medical need products identified by the office within 24 hours of a patient request or otherwise failing to comply with the requirements of this section or this chapter.

History:

2023 c 63 art 1 s 51; 2024 c 121 art 2 s 99; 2024 c 121 art 2 s 136; 2025 c 31 s 87,88; 2026 c 123 s 95-102

NOTE: The repeal of subdivision 1is effective January 1, 2027. The text may be viewed at MS 2025 in the statutes archives.