STATE OF
MINNESOTA
NINETY-THIRD
SESSION - 2023
_____________________
FORTY-FIRST
DAY
Saint Paul, Minnesota, Monday, March 27, 2023
The House of Representatives convened at
3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.
Prayer was offered by Representative Dawn
Gillman, District 17A, Dassel, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
A quorum was present.
Garofalo, Kiel, O'Neill and Schomacker
were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Pelowski from the Committee on Higher Education Finance and Policy to which was referred:
H. F. No. 20, A bill for an act relating to unemployment insurance; modifying wage credits and providing reimbursement; authorizing transfers from the general fund; providing unemployment insurance aid; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 126C.43, subdivision 2; 127A.45, subdivision 12; 268.085, subdivision 7; 268.19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 124D; 268; repealing Minnesota Statutes 2022, section 268.085, subdivision 8.
Reported the same back with the following amendments:
Page 3, line 17, delete everything after the period
Page 3, delete lines 18 to 20
Page 6, line 16, delete "reimbursement" and insert "unemployment insurance aid" and delete ", subdivision 5"
Page 6, line 17, delete "reimbursement" and insert "unemployment insurance aid"
Page 6, line 21, delete "reimbursement" and insert "unemployment insurance aid" and delete ", subdivision 3"
Page 6, line 23, delete "reimbursement" and insert "unemployment insurance aid" and delete ", subdivision 4"
Page 7, delete section 6 and insert:
"Sec. 6. [268.193]
POSTSECONDARY UNEMPLOYMENT INSURANCE AID.
Subdivision 1. Postsecondary
institutions. For the
purposes of this section, an eligible postsecondary institution means:
(1) the University of Minnesota;
(2) a postsecondary institution governed
by the Board of Trustees of the Minnesota State Colleges and Universities; or
(3) a Tribal college, which means Leech
Lake Tribal College, White Earth Tribal College, or Red Lake Nation Tribal
College.
Subd. 2. Unemployment
insurance aid. Eligible
postsecondary institutions are eligible to receive unemployment insurance aid
under this section. For each fiscal
year, an eligible entity's aid is the difference between fiscal year 2022's
unemployment insurance costs and the current year's unemployment insurance
costs, as reflected in the unemployment insurance employer accounts maintained
by the state. If the total eligible
unemployment insurance aid for a fiscal year is greater than the annual
appropriation for that year, the Board of Trustees of the Minnesota State
Colleges and Universities or the commissioner of the Office of Higher
Education, as applicable, must proportionately reduce the aid payment to each
eligible entity.
EFFECTIVE DATE. This section is effective for aid beginning in fiscal year 2024."
Page 9, line 20, delete "REPORT" and insert "REPORTS"
Page 9, line 21, before "By" insert "(a)"
Page 9, line 23, delete everything after "legislature" and insert "the balances in unemployment insurance aid accounts and information about the annual changes in reimbursable costs for school workers receiving unemployment insurance benefits."
Page 9, line 24, delete everything before "To"
Page 9, line 25, delete "categorize eligible employees" and insert "break out the costs" and after "by" insert "district and" and delete "class" and insert "classes"
Page 9, after line 26, insert:
"(b) By January 15 of each year, the Board of Regents of the University of Minnesota, the Board of Trustees of the Minnesota State Colleges and Universities, and the Office of Higher Education, in consultation with the Department of Employment and Economic Development, must each report to the higher education committees of the legislature the balances in unemployment insurance aid accounts and information about the annual changes in reimbursable costs for higher education workers receiving unemployment insurance benefits. To the extent possible, the report must break out the costs by campus and major job classes. The report must be filed according to Minnesota Statutes, section 3.195."
Page 9, delete section 8 and insert:
"Sec. 8. APPROPRIATION;
UNIVERSITY OF MINNESOTA.
$366,000 in fiscal year 2024 and
$366,000 in fiscal year 2025 are appropriated from the general fund to the
Board of Regents of the University of Minnesota for the purposes of
unemployment insurance aid for the University of Minnesota under Minnesota Statutes,
section 268.193.
Sec. 9. APPROPRIATION;
MINNESOTA STATE COLLEGES AND UNIVERSITIES.
$809,000 in fiscal year 2024 and $809,000 in fiscal year 2025 are appropriated from the general fund to the Board of Trustees of the Minnesota State Colleges and Universities for the purposes of unemployment insurance aid to individual Minnesota State Colleges and Universities governed by the Board of Trustees under Minnesota Statutes, section 268.193.
Sec. 10. APPROPRIATION;
OFFICE OF HIGHER EDUCATION.
$495,000 in fiscal year 2024 and $495,000 in fiscal year 2025 are appropriated from the general fund to the commissioner of the Office of Higher Education. Of this amount, $471,000 is for the purposes of unemployment insurance aid to individual Tribal colleges under Minnesota Statutes, section 268.193, and $24,000 is for administration of the unemployment insurance aid."
Page 10, line 15, delete "......." and insert "275,000"
Page 10, line 16, delete "200,000" and insert "175,000"
Page 10, line 17, delete "$200,000" and insert "$175,000"
Page 10, line 23, delete "161,755,000" and insert "135,199,000"
Page 11, lines 7 and 8, delete "217,000" and insert "321,000"
Page 11, line 9, delete "$217,000" and insert "$321,000"
Page 11, lines 16 and 17, delete "66,000" and insert "25,000"
Page 11, line 18, delete "$66,000" and insert "$25,000"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 4, delete "a report" and insert "reports"
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Stephenson from the Committee on Commerce Finance and Policy to which was referred:
H. F. No. 100, A bill for an act relating to cannabis; establishing the Office of Cannabis Management; establishing advisory councils; requiring reports relating to cannabis use and sales; legalizing and limiting the possession and use of cannabis by adults; providing for the licensing, inspection, and regulation of cannabis businesses; requiring testing of cannabis flower and cannabinoid products; requiring labeling of cannabis flower and cannabinoid products; limiting the advertisement of cannabis flower, cannabinoid products, and cannabis businesses; providing for the cultivation of cannabis in private residences; transferring regulatory authority for the medical cannabis program; taxing the sale of adult-use cannabis; establishing grant and loan programs; clarifying the prohibition on operating a motor vehicle while under the influence of cannabis; 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 cannabis; establishing labor standards for the use of cannabis 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 cannabis retail establishments; amending the scheduling of marijuana and tetrahydrocannabinols; classifying data; making miscellaneous cannabis-related changes and additions; making clarifying and technical changes; appropriating money; amending Minnesota Statutes 2022, sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; 34A.01, subdivision 4; 144.99, subdivision 1; 144A.4791, subdivision 14; 151.72; 152.01, 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; 169A.03, by adding subdivisions; 169A.20, 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, by adding subdivisions; 181.952, by adding a subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1; 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; 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; 297A.70, subdivisions 2, 18; 297A.99, by adding a subdivision; 297D.01; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 340A.412, subdivision 14; 484.014, subdivision 3; 504B.171, subdivision 1; 609.135, subdivision 1; 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; 609A.03, subdivisions 5, 9; 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; 289A; 295; 340A; 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; 152.30; 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.
Reported the same back with the following amendments:
Page 2, delete article 1 and insert:
"ARTICLE 1
REGULATION OF ADULT-USE CANNABIS
Section 1.
[342.01] DEFINITIONS.
Subdivision 1. Terms. For the purposes of this chapter, the
following terms have the meanings given them.
Subd. 2. Adult-use
cannabis concentrate. "Adult-use
cannabis concentrate" means cannabis concentrate that is approved for sale
by the office or is substantially similar to a product approved by the office. Adult-use cannabis concentrate does not
include any artificially derived cannabinoid.
Subd. 3. Adult-use
cannabis flower. "Adult-use
cannabis flower" means cannabis flower that is approved for sale by the
office or is substantially similar to a product approved by the office. Adult-use cannabis flower does not include
medical cannabis flower.
Subd. 4. Adult-use
cannabis product. "Adult-use
cannabis product" means a cannabis product that is approved for sale by
the office or is substantially similar to a product approved by the office. Adult-use cannabis product does not include
medical cannabinoid product.
Subd. 5. Advertisement. "Advertisement" means any
written or oral statement, illustration, or depiction that is intended to
promote sales of cannabis flower, cannabis products, lower-potency hemp
edibles, hemp-derived consumer products, or sales at a specific cannabis
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 cannabis business. Advertisement does not include a fixed
outdoor sign that meets the requirements in section 342.64, subdivision 2,
paragraph (b).
Subd. 6. Artificially
derived cannabinoid. "Artificially
derived cannabinoid" means a cannabinoid extracted from a cannabis plant,
cannabis 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 cannabis concentrate, cannabis products, hemp concentrate,
lower-potency hemp edibles, or hemp-derived consumer products.
Subd. 7. Batch. "Batch" means:
(1) a specific quantity of cannabis
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;
(2) a specific quantity of cannabis
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
(3) a specific quantity of a
specific cannabis 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 during the same cycle of manufacture and produced by a
continuous process.
Subd. 8. Batch
number. "Batch
number" means a unique numeric or alphanumeric identifier assigned to a
batch of cannabis plants, cannabis flower, cannabis products, lower-potency
hemp edibles, artificially derived cannabinoid, hemp-derived consumer products,
or hemp-derived topical products.
Subd. 9. Bona
fide labor organization. "Bona
fide labor organization" means a labor union that represents or is
actively seeking to represent cannabis workers.
Subd. 10. Cannabinoid. "Cannabinoid" means any of
the chemical constituents of hemp plants or cannabis 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.
Subd. 11. Cannabinoid
extraction. "Cannabinoid
extraction" means the process of extracting cannabis concentrate from
cannabis plants or cannabis 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.
Subd. 12. Cannabinoid
profile. "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, cannabidiolic
acid, and cannabigerol in cannabis flower, a cannabis 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 cannabis products, lower-potency hemp
edibles, and hemp-derived consumer products, expressed as milligrams in each
serving and package.
Subd. 13. Cannabis
business. "Cannabis
business" means any of the following licensed under this chapter:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;
(11) medical cannabis
cultivator;
(12) medical cannabis processor; and
(13) medical cannabis retailer.
Subd. 14. Cannabis
concentrate. (a)
"Cannabis concentrate" means:
(1) the extracts and resins of a
cannabis plant or cannabis flower;
(2) the extracts or resins of a cannabis
plant or cannabis flower that are refined to increase the presence of targeted
cannabinoids; or
(3) a product that is produced by refining extracts or resins of a cannabis plant or cannabis flower and is intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product.
(b) Cannabis concentrate does not
include hemp concentrate, artificially derived cannabinoid, or hemp-derived
consumer products.
Subd. 15. Cannabis
flower. "Cannabis
flower" means the harvested flower, bud, leaves, and stems of a cannabis
plant. Cannabis flower includes
adult-use cannabis flower and medical cannabis flower. Cannabis flower does not include cannabis
seed, hemp plant parts, or hemp-derived consumer products.
Subd. 16. Cannabis
industry. "Cannabis
industry" means every item, product, person, process, action, business, or
other thing related to cannabis flower and cannabis products and subject to
regulation under this chapter.
Subd. 17. Cannabis
paraphernalia. "Cannabis
paraphernalia" means all equipment, products, and materials of any kind
that are knowingly or intentionally used primarily in:
(1) cultivating or harvesting cannabis
plants or cannabis flower;
(2) manufacturing cannabis products;
(3) ingesting, inhaling, or otherwise
introducing cannabis flower or cannabis products into the human body; and
(4) testing the strength, effectiveness,
or purity of cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products.
Subd. 18. Cannabis
plant. "Cannabis
plant" means all parts of the plant of the genus Cannabis 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.
Subd. 19. Cannabis
product. (a) "Cannabis
product" means any of the following:
(1) cannabis concentrate;
(2) a product infused with cannabinoids,
including but not limited to tetrahydrocannabinol, extracted or derived from
cannabis plants or cannabis flower; or
(3) any other product that contains
cannabis concentrate.
(b) Cannabis product includes
adult-use cannabis products, including but not limited to edible cannabis
products and medical cannabinoid products.
Cannabis product does not include cannabis flower, artificially derived
cannabinoid, lower-potency edible hemp edibles, hemp-derived consumer products,
or hemp-derived topical products.
Subd. 20. Cannabis
prohibition. "Cannabis
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 Cannabis, 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.
Subd. 21. Cannabis
seed. "Cannabis
seed" means the viable seed of the plant of the genus Cannabis that is
reasonably expected to grow into a cannabis plant. Cannabis seed does not include hemp seed.
Subd. 22. Cannabis
worker. "Cannabis
worker" means any individual employed by a cannabis business and any individual
who is a contractor of a cannabis business whose scope of work involves the
handling of cannabis plants, cannabis flower, or cannabis products.
Subd. 23. Child-resistant. "Child-resistant" means
packaging that meets the poison prevention packaging standards in Code of
Federal Regulations, title 16, section 1700.15.
Subd. 24. Cooperative. "Cooperative" means an
association conducting business on a cooperative plan that is organized or is
subject to chapter 308A or 308B.
Subd. 25. Council. "Council" means the Cannabis
Advisory Council.
Subd. 26. Cultivation. "Cultivation" means any
activity involving the planting, growing, harvesting, drying, curing, grading,
or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant
parts.
Subd. 27. Division
of Medical Cannabis. "Division
of Medical Cannabis" means a division housed in the Office of Cannabis
Management that operates the medical cannabis program.
Subd. 28. Division
of Social Equity. "Division
of Social Equity" means a division housed in the Office of Cannabis
Management that promotes development, stability, and safety in communities that
have experienced a disproportionate, negative impact from cannabis prohibition.
Subd. 29. Edible
cannabis product. "Edible
cannabis 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 cannabis product does not
include lower-potency hemp edibles.
Subd. 30. Health
care practitioner. "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.
Subd. 31. Health
record. "Health
record" has the meaning given in section 144.291, subdivision 2.
Subd. 32. Hemp
business. (a) "Hemp
business" means either of the following licensed under this chapter:
(1) lower-potency hemp edible
manufacturer; or
(2) lower-potency hemp edible
retailer.
(b) Hemp business does not include a
person or entity licensed under chapter 18K to grow industrial hemp for
commercial or research purposes or to process industrial hemp for commercial
purposes.
Subd. 33. Hemp
concentrate. (a) "Hemp
concentrate" means:
(1) the extracts and resins of a hemp
plant or hemp plant parts;
(2) the extracts or resins of a hemp
plant or hemp plant parts that are refined to increase the presence of targeted
cannabinoids; or
(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.
(b) Hemp concentrate does not include
artificially derived cannabinoids, lower-potency hemp edibles, hemp‑derived
consumer products, or hemp-derived topical products.
Subd. 34. Hemp
consumer industry. "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.
Subd. 35. Hemp-derived
consumer product. (a)
"Hemp-derived consumer product" means a product intended for human or
animal consumption, does not contain cannabis flower or cannabis concentrate,
and:
(1) contains or consists of hemp plant
parts; or
(2) contains hemp concentrate or
artificially derived cannabinoids in combination with other ingredients.
(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.
Subd. 36. Hemp-derived
topical product. "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 cannabis flower or
cannabis concentrate.
Subd. 37. Hemp
fiber product. "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.
Subd. 38. Hemp
grain. "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.
Subd. 39. Hemp
plant. "Hemp plant"
means all parts of the plant of the genus Cannabis 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.
Subd. 40. Hemp
plant parts. "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.
Subd. 41. Hemp
seed. "Hemp seed"
means the viable seed of the plant of the genus Cannabis that is intended to be
planted and is reasonably expected to grow into a hemp plant. Hemp seed does not include cannabis seed or
hemp grain.
Subd. 42. Hemp
worker. "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, lower-potency hemp edibles,
or hemp-derived consumer products.
Subd. 43. Industrial
hemp. "Industrial
hemp" has the meaning given in section 18K.02, subdivision 3.
Subd. 44. Intoxicating
cannabinoid. "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.
Subd. 45. Labor peace agreement. "Labor peace agreement" means an agreement between a cannabis 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 cannabis business. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
Subd. 46. License
holder. "License
holder" means a person, cooperative, or business that holds any of the
following licenses:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;
(11) lower-potency hemp edible
manufacturer;
(12) lower-potency hemp edible retailer;
(13) medical cannabis cultivator;
(14) medical cannabis processor; or
(15) medical cannabis retailer.
Subd. 47. Local
unit of government. "Local
unit of government" means a home rule charter or statutory city, county,
town, or other political subdivision.
Subd. 48. Lower-potency
hemp edible. "Lower-potency
hemp edible" means any product that:
(1) is intended to be eaten or consumed
as a beverage by humans;
(2) contains hemp concentrate or an
artificially derived cannabinoid, in combination with food ingredients;
(3) is not a drug;
(4) 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;
(5) does not contain more than a
combined total of 0.5 milligrams of all other cannabinoids per serving;
(6) does not contain an artificially
derived cannabinoid other than delta-9 tetrahydrocannabinol;
(7) does not contain a cannabinoid
derived from cannabis plants or cannabis flower; and
(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.
Subd. 49. Matrix
barcode. "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.
Subd. 50. Medical
cannabinoid product. (a)
"Medical cannabinoid product" means a product that:
(1) consists of or contains cannabis
concentrate or hemp concentrate or is infused with cannabinoids, including but
not limited to artificially derived cannabinoids; and
(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 cannabis retailer or medical
cannabis retailer to treat or alleviate the symptoms of a qualifying medical
condition.
(b) A medical cannabinoid product must
be in the form of:
(1) liquid, including but not limited to
oil;
(2) pill;
(3) liquid or oil for use with a
vaporized delivery method;
(4) water-soluble cannabinoid
multiparticulate, including granules, powder, and sprinkles;
(5) orally dissolvable product,
including lozenges, gum, mints, buccal tablets, and sublingual tablets;
(6) edible products in the form of
gummies and chews;
(7) topical formulation; or
(8) any allowable form or
delivery method approved by the office.
(c) Medical cannabinoid product does not
include adult-use cannabis products.
Subd. 51. Medical
cannabis business. "Medical
cannabis business" means an entity licensed under this chapter to engage
in one or more of the following:
(1) the cultivation of cannabis plants
for medical cannabis flower;
(2) the manufacture of medical cannabinoid products; and
(3) the retail sale of medical cannabis
flower and medical cannabinoid products.
Subd. 52. Medical
cannabis flower. "Medical
cannabis flower" means cannabis 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 cannabis retailer or medical
cannabis business to treat or alleviate the symptoms of a qualifying medical
condition. Medical cannabis flower does
not include adult-use cannabis flower.
Subd. 53. Medical
cannabis paraphernalia. "Medical
cannabis paraphernalia" means a delivery device, related supply, or
educational material used by a patient enrolled in the registry program to
administer medical cannabis and medical cannabinoid products.
Subd. 54. Nonintoxicating
cannabinoid. "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.
Subd. 55. Office. "Office" means the Office of
Cannabis Management.
Subd. 56. Outdoor
advertisement. "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 cannabis business.
Subd. 57. Patient. "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.
Subd. 58. Patient
registry number. "Patient
registry number" means a unique identification number assigned by the
Division of Medical Cannabis to a patient enrolled in the registry program.
Subd. 59. Qualifying
medical condition. "Qualifying
medical condition" means a diagnosis of any of the following conditions:
(1) Alzheimer's disease;
(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;
(3) cancer, if the underlying condition
or treatment produces one or more of the following:
(i) severe or chronic pain;
(ii) nausea or severe vomiting; or
(iii) cachexia or severe
wasting;
(4) chronic motor or vocal tic disorder;
(5) chronic pain;
(6) glaucoma;
(7) human immunodeficiency virus or
acquired immune deficiency syndrome;
(8) intractable pain as defined in
section 152.125, subdivision 1, paragraph (c);
(9) obstructive sleep apnea;
(10) post-traumatic stress disorder;
(11) Tourette's syndrome;
(12) amyotrophic lateral sclerosis;
(13) seizures, including those
characteristic of epilepsy;
(14) severe and persistent muscle
spasms, including those characteristic of multiple sclerosis;
(15) inflammatory bowel disease,
including Crohn's disease;
(16) irritable bowel syndrome;
(17) obsessive-compulsive disorder;
(18) sickle cell disease;
(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:
(i) severe or chronic pain;
(ii) nausea or severe vomiting; or
(iii) cachexia or severe wasting; or
(20) any other medical condition or its
treatment approved by the office.
Subd. 60. Registered
designated caregiver. "Registered
designated caregiver" means an individual who:
(1) is at least 18 years old;
(2) is not disqualified for a criminal
offense according to rules adopted pursuant to section 342.15, subdivision 2;
(3) has been approved by the Division of
Medical Cannabis to assist a patient with obtaining medical cannabis flower and
medical cannabinoid products from a cannabis retailer or medical cannabis
retailer and with administering medical cannabis flower and medical cannabinoid
products; and
(4) is authorized by the
Division of Medical Cannabis to assist a patient with the use of medical
cannabis flower and medical cannabinoid products.
Subd. 61. Registry
or registry program. "Registry"
or "registry program" means the patient registry established under
this chapter listing patients authorized to obtain medical cannabis flower,
medical cannabinoid products, and medical cannabis paraphernalia from cannabis
retailers and medical cannabis retailers and administer medical cannabis flower
and medical cannabinoid products.
Subd. 62. Registry
verification. "Registry
verification" means the verification provided by the Division of Medical
Cannabis 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.
Subd. 63. Restricted
area. "Restricted
area" means an area where cannabis flower or cannabis products are
cultivated, manufactured, or stored by a cannabis business.
Subd. 64. Statewide
monitoring system. "Statewide
monitoring system" means the system for integrated cannabis tracking,
inventory, and verification established or adopted by the office.
Subd. 65. Synthetic
cannabinoid. "Synthetic
cannabinoid" means a substance with a similar chemical structure and pharmacological
activity to a cannabinoid but is not extracted or derived from cannabis plants,
cannabis flower, hemp plants, or hemp plant parts and is instead created or
produced by chemical or biochemical synthesis.
Subd. 66. Veteran. "Veteran" means an
individual who satisfies the requirements in section 197.447.
Subd. 67. Visiting
designated caregiver. "Visiting
designated caregiver" means an individual who is authorized under a
visiting patient's jurisdiction of residence to assist the visiting patient
with the use of medical cannabis flower and medical cannabinoid products. To be considered a visiting designated
caregiver, the individual must possess a valid verification card or its
equivalent that is issued by the visiting patient's jurisdiction of residence
and that verifies that the individual is authorized to assist the visiting
patient with the administration of medical cannabis flower and medical
cannabinoid products under the laws or regulations of the visiting patient's
jurisdiction of residence.
Subd. 68. Visiting
patient. "Visiting
patient" means an individual who is not a Minnesota resident and who
possesses a valid registration verification card or its equivalent that is
issued under the laws or regulations of another state, district, commonwealth,
or territory of the United States verifying that the individual is enrolled in
or authorized to participate in that jurisdiction's medical cannabis or medical
marijuana program.
Subd. 69. Volatile
solvent. "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.
Sec. 2. [342.02]
OFFICE OF CANNABIS MANAGEMENT.
Subdivision 1. Establishment. The Office of Cannabis Management is
created with the powers and duties established by law. In making rules, establishing policy, and
exercising its regulatory authority over the cannabis industry and hemp
consumer industry, the office must:
(1) promote the public health and
welfare;
(2) protect public safety;
(3) eliminate the illicit
market for cannabis flower and cannabis products;
(4) meet the market demand for cannabis
flower and cannabis products;
(5) promote a craft industry for
cannabis flower and cannabis products; and
(6) prioritize growth and recovery in
communities that have experienced a disproportionate, negative impact from
cannabis prohibition.
Subd. 2. Powers
and duties. The office has
the following powers and duties:
(1) to develop, maintain, and enforce an
organized system of regulation for the cannabis industry and hemp consumer
industry;
(2) to establish programming, services,
and notification to protect, maintain, and improve the health of citizens;
(3) to prevent unauthorized access to
cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products by individuals under 21 years of age;
(4) to establish and regularly update
standards for product testing, packaging, and labeling;
(5) to promote economic growth with an
emphasis on growth in areas that experienced a disproportionate, negative
impact from cannabis prohibition;
(6) to issue and renew licenses;
(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;
(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;
(9) to authorize the use of unmarked
motor vehicles to conduct seizures or investigations pursuant to the office's
authority;
(10) to impose and collect civil and
administrative penalties as provided in this chapter;
(11) to publish such information as may
be deemed necessary for the welfare of cannabis businesses, cannabis workers,
hemp businesses, hemp workers, and the health and safety of citizens;
(12) to make loans and grants in aid to
the extent that appropriations are made available for that purpose;
(13) to authorize research and studies
on cannabis flower, cannabis products, artificially derived cannabinoids,
lower-potency hemp edibles, hemp-derived consumer products, the cannabis
industry, and the hemp consumer industry;
(14) to provide reports as required by
law;
(15) to establish limits on the potency
of cannabis flower and cannabis products that can be sold to customers by
licensed cannabis retailers and licensed cannabis microbusinesses with an
endorsement to sell cannabis flower and cannabis products to customers; and
(16) to exercise other powers
and authority and perform other duties required by law.
Subd. 3. Medical
cannabis program. The powers
and duties of the Department of Health with respect to the medical cannabis
program under Minnesota Statutes 2022, sections 152.22 to 152.37, are
transferred to the Office of Cannabis Management under section 15.039. State employees shall not be displaced by the
transfer of duties from the Department of Health medical cannabis program to
the Office of Cannabis Management under this subdivision.
Subd. 4. Interagency
agreements. (a) The office
and the commissioner of agriculture shall enter into interagency agreements to
ensure that edible cannabis 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.
(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.
Subd. 5. Rulemaking. 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.
Subd. 6. Director. (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.
(b) The salary of the director must not
exceed the salary limit established under section 15A.0815, subdivision 3.
(c) While serving as the director and
within two years after terminating service, the director is prohibited from
having a direct or an indirect financial interest in a cannabis business or
hemp business licensed under this chapter.
(d) The director must not have been a
member of the Minnesota legislature or held a constitutional office for at
least four years before appointment.
(e) No later than June 15, 2023, the
governor shall appoint an advisory committee to consult with during the hiring
process for the director. The advisory
committee shall be comprised of:
(1)
two members of the house of representatives, one appointed by the majority
party and one by the minority party;
(2) two members of the senate, one
appointed by the majority party and one by the minority party;
(3) an expert in cannabis policy;
(4) an expert in economic equity;
(5) an expert in cannabis science;
(6) an expert in restorative justice;
(7) an expert in harm reduction;
(8) an expert on race, equity, and
inclusion;
(9) a medical cannabis patient;
(10) an individual who has been justice
involved for the sale of cannabis; and
(11) an individual with
experience in implementing an adult use legalization program.
(f) While serving on the search
committee, members may not:
(1) have a financial interest in a
cannabis business or hemp business;
(2) be a director or officer of a
pharmaceutical company; or
(3) be a registered lobbyist.
(g) Members of the advisory committee
are not eligible for reimbursement.
(h) The governor shall designate a chair
of the committee who shall convene the first meeting. The committee may elect other officers as
needed. Meetings of the committee are subject
to chapter 13D.
(i) The commissioner of agriculture
shall provide space and support for the advisory committee. The advisory committee expires on August 1,
2023.
Subd. 7. Employees. (a) The office may employ other
personnel in the classified service necessary to carry out the duties in this
chapter.
(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.
(c) While employed by the office and
within two years after terminating employment, an employee may not have a
direct or an indirect financial interest in a cannabis business licensed under
this chapter.
Subd. 8. Division
of Social Equity. The office
must establish a Division of Social Equity.
At a minimum, the division must:
(1) administer grants to communities
that experienced a disproportionate, negative impact from cannabis prohibition
in order to promote economic development, provide services to prevent violence,
support early intervention programs for youth and families, and promote
community stability and safety;
(2) act as an ombudsperson for the
office to provide information, investigate complaints under this chapter, and
provide or facilitate dispute resolutions; and
(3) report to the office on the status
of complaints and social equity in the cannabis industry.
EFFECTIVE
DATE. This section is
effective July 1, 2023, except for subdivision 2, paragraphs (e), (f), (g), (h), and (i), which are effective the day
following final enactment, and subdivision 3, which is effective January 1,
2024.
Sec. 3. [342.03]
CANNABIS ADVISORY COUNCIL.
Subdivision 1. Membership. (a) The Cannabis Advisory Council is
created consisting of the following members:
(1) the director of the Office of
Cannabis Management or a designee;
(2) the commissioner of
employment and economic development or a designee;
(3) the commissioner of revenue or a
designee;
(4) the commissioner of health or a
designee;
(5) the commissioner of public safety
or a designee;
(6) the commissioner of human rights or
a designee;
(7) the commissioner of labor or a
designee;
(8) the commissioner of agriculture or
a designee;
(9) the commissioner of the Pollution
Control Agency or a designee;
(10) the superintendent of the Bureau
of Criminal Apprehension or a designee;
(11) a representative from the League
of Minnesota Cities appointed by the league;
(12) a representative from the
Association of Minnesota Counties appointed by the association;
(13) an expert in minority business
development appointed by the governor;
(14) an expert in economic development
strategies for under-resourced communities appointed by the governor;
(15) an expert in farming or
representing the interests of farmers appointed by the governor;
(16) an expert representing the
interests of cannabis workers appointed by the governor;
(17) an expert representing the
interests of employers appointed by the governor;
(18) an expert in municipal law
enforcement with advanced training in impairment detection and evaluation
appointed by the governor;
(19) an expert in social welfare or
social justice appointed by the governor;
(20) an expert in criminal justice
reform to mitigate the disproportionate impact of drug prosecutions on
communities of color appointed by the governor;
(21) an expert in the prevention and
treatment of substance use disorders appointed by the governor;
(22) an expert in minority business
ownership appointed by the governor;
(23) an expert in women-owned
businesses appointed by the governor;
(24) an expert in cannabis retailing
appointed by the governor;
(25) an expert in cannabis product
manufacturing appointed by the governor;
(26) an expert in laboratory sciences
and toxicology appointed by the governor;
(27) an expert in providing
legal services to cannabis businesses appointed by the governor;
(28) an expert in cannabis cultivation
appointed by the governor;
(29) two patient advocates, one who is
a patient enrolled in the medical cannabis program and one patient with
experience in the mental health system or substance use disorder treatment
system appointed by the governor;
(30) a veteran appointed by the
governor;
(31) one member of each of the
following federally recognized Tribes, designated by the elected Tribal
president or chairperson of the governing bodies of:
(i) the Fond du Lac Band;
(ii) the Grand Portage Band;
(iii) the Mille Lacs Band;
(iv) the White Earth Band;
(v) the Bois Forte Band;
(vi) the Leech Lake Band;
(vii) the Red Lake Nation;
(viii) the Upper Sioux Community;
(ix) the Lower Sioux Indian Community;
(x) the Shakopee Mdewakanton Sioux
Community; and
(xi) the Prairie Island Indian
Community; and
(32) a representative from the Local
Public Health Association of Minnesota appointed by the association.
(b) While serving on the Cannabis
Advisory Council and within two years after terminating service, a council
member shall not serve as a lobbyist, as defined under section 10A.01,
subdivision 21.
Subd. 2. Terms;
compensation; removal; vacancy; expiration.
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.
Subd. 3. Officers;
meetings. (a) The director of
the Office of Cannabis Management or the director's designee must chair the
Cannabis Advisory Council. The advisory
council must elect a vice-chair and may elect other officers as necessary.
(b) The advisory council shall meet
quarterly or upon the call of the chair.
(c) Meetings of the advisory council
are subject to chapter 13D.
Subd. 4. Duties. (a) The duties of the advisory council
shall include:
(1) reviewing national cannabis policy;
(2) examining the effectiveness of
state cannabis policy;
(3) reviewing developments in the
cannabis industry;
(4) reviewing developments in the study
of cannabis flower, cannabis products, artificially derived cannabinoids,
lower-potency edible products, and hemp-derived consumer products;
(5) taking public testimony; and
(6) making recommendations to the
Office of Cannabis Management.
(b) At its discretion, the advisory
council may examine other related issues consistent with this section.
Sec. 4. [342.04]
STUDIES; REPORTS.
(a) The office shall conduct a study to
determine the expected size and growth of the regulated cannabis industry,
including an estimate of the demand for cannabis flower and cannabis products,
the number and geographic distribution of cannabis businesses needed to meet
that demand, and the anticipated business from residents of other states.
(b) The office shall conduct a study to
determine the size of the illicit cannabis market, the sources of illicit
cannabis flower and illicit cannabis products in the state, the locations of
citations issued and arrests made for cannabis offenses, and the subareas, such
as census tracts or neighborhoods, that experience a disproportionately large
amount of cannabis enforcement.
(c) The office shall conduct a study on
impaired driving to determine the number of accidents involving one or more
drivers who admitted to using cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp‑derived consumer products, or who tested positive
for cannabis or tetrahydrocannabinol, the number of arrests of individuals for
impaired driving in which the individual tested positive for cannabis or
tetrahydrocannabinol, and the number of convictions for driving under the
influence of cannabis flower, cannabis products, lower-potency hemp edibles,
hemp-derived consumer products, or tetrahydrocannabinol.
(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. Each
report may be consolidated with other annual reports that the office is
required to submit.
(e) The office shall conduct a study on
the state's mental health system and substance use disorder treatment system to
determine the rates at which individuals access those systems. At a minimum, the report shall include
information about the number of people admitted to emergency rooms for
treatment of a mental illness or substance use disorder, ordered by a court to
participate in mental health or substance use programming, and who voluntarily
agreed to accept mental health or substance use treatment or admission to a
state-operated treatment program or treatment facility. The report must include summary data
disaggregated by the month of admission or order; age, race, and sex of the
individuals; whether the admission or order was for a mental illness or
substance use disorder; and, to the extent known, the substance of abuse that
resulted in the admission or order. Data
must be obtained, retained, and reported in a way that prevents the
unauthorized release of private data on individuals as defined in section 13.02. The office shall submit the report by January
15, 2027, and the report may be combined with the annual report submitted by
the office.
(f) The office shall conduct an
annual market analysis on the status of the regulated cannabis industry and
submit a report of the findings. The
office shall submit the report by January 15 of each year 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:
(1) ensure the sufficient supply of
cannabis flower and cannabis products to meet demand;
(2) provide market stability;
(3) ensure a competitive market; and
(4) limit the sale of unregulated
cannabis flower and cannabis products.
(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:
(1) the status of the regulated
cannabis industry;
(2) the status of the illicit cannabis
market;
(3) the number of accidents, arrests,
and convictions involving drivers who admitted to using cannabis flower,
cannabis products, lower-potency hemp products, or hemp-derived consumer
products, or who tested positive for cannabis or tetrahydrocannabinol;
(4) the change in potency, if any, of
cannabis flower and cannabis products available through the regulated market;
(5) progress on providing opportunities
to individuals and communities that experienced a disproportionate, negative
impact from cannabis prohibition, including but not limited to providing relief
from criminal convictions and increasing economic opportunities;
(6) the status of racial and geographic
diversity in the cannabis industry;
(7) proposed legislative changes;
(8) information on the adverse effects
of second-hand smoke from any cannabis flower, cannabis products, and
hemp-derived consumer products that are consumed by combustion or vaporization
of the product and inhalation of smoke, aerosol, or vapor from the product; and
(9) recommendations for levels of
funding for:
(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
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products by individuals under 21 years of age;
(ii) a coordinated education program to
educate pregnant women, breastfeeding women, and women who may become pregnant
on the adverse health effects of cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products;
(iii) training, technical
assistance, and educational materials for home visiting programs and Tribal
home visiting programs regarding safe and unsafe use of cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
in homes with infants and young children;
(iv) model programs to educate middle
school and high school students on the health effects on children and
adolescents of the use of cannabis flower, cannabis products, lower-potency
hemp edibles, hemp-derived consumer products, and other intoxicating or
controlled substances;
(v) grants issued through the CanTrain,
CanNavigate, CanStartup, and CanGrow programs;
(vi) grants to organizations for
community development in social equity communities through the CanRenew
program;
(vii) training of peace officers and law
enforcement agencies on changes to laws involving cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products, and
the law's impact on searches and seizures;
(viii) training of peace officers to
increase the number of drug recognition experts;
(ix) training of peace officers on the
cultural uses of sage and distinguishing use of sage from the use of cannabis
flower, including whether the Board of Peace Officer Standards and Training
should approve or develop training materials;
(x) the retirement and replacement of
drug detection dogs; and
(xi) the Department of Human Services
and county social service agencies to address any increase in demand for
services.
(h) In developing the recommended
funding levels under paragraph (g), 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.
Sec. 5. [342.05]
STATEWIDE MONITORING SYSTEM.
Subdivision 1. Statewide
monitoring. The office must
contract with an outside vendor to establish a statewide monitoring system for
integrated cannabis tracking, inventory, and verification to track all cannabis
plants, cannabis flower, and cannabis products from seed, immature plant, or creation
until disposal or sale to a patient or customer.
Subd. 2. Data
submission requirements. The
monitoring system must allow cannabis businesses to submit monitoring data to
the office through the use of monitoring system software commonly used within
the cannabis industry and may also permit cannabis businesses to submit
monitoring data through manual data entry with approval from the office.
Sec. 6. [342.06]
APPROVAL OF CANNABIS FLOWER, PRODUCTS, AND CANNABINOIDS.
(a) The office shall approve types of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products for retail sale.
(b) The office may establish limits on
the total THC of cannabis flower, cannabis 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.
(c) The office shall not
approve any cannabis product, lower-potency hemp edible, or hemp-derived
consumer product that:
(1) is or appears to be a lollipop or
ice cream;
(2) bears the likeness or contains
characteristics of a real or fictional person, animal, or fruit;
(3) is modeled after a type or brand of
products primarily consumed by or marketed to children;
(4) contains a synthetic cannabinoid;
(5) 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
(6) if the product is an edible
cannabis 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.
(d) The office must not approve any
cannabis flower, cannabis product, or hemp-derived consumer product that:
(1) is intended to be consumed by
combustion or vaporization of the product and inhalation of smoke, aerosol, or
vapor from the product; and
(2) imparts a taste or smell, other
than the taste or smell of cannabis flower, that is distinguishable by an
ordinary person before or during consumption of the product.
(e) The office may adopt rules to limit
or prohibit ingredients in or additives to cannabis flower, cannabis products,
or hemp-derived consumer products to ensure compliance with the limitations in
paragraph (d).
Sec. 7. [342.07]
AGRICULTURAL AND FOOD SAFETY PRACTICES; RULEMAKING.
Subdivision 1. Plant
propagation standards. 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 cannabis plants or hemp plants, including but not limited to
growth from seed, clone, cutting, or tissue culture. The requirements must prohibit the
cultivation of cannabis plants derived from genetic engineering, as defined in
section 18F.02, subdivision 4.
Subd. 2. Agricultural
best practices. In
consultation with the commissioner of agriculture and representatives from the
University of Minnesota Extension Service, the office shall establish best
practices for:
(1) the cultivation and preparation of
cannabis plants; and
(2)
the use of pesticides, fertilizers, soil amendments, and plant amendments in
relation to growing cannabis plants.
Subd. 3. Edible
cannabinoid product handler endorsement.
(a) Any person seeking to manufacture, process, sell, handle, or
store an edible cannabis product or lower-potency hemp edible, other than an
edible cannabis product or lower-potency hemp edible that has been placed in
its final packaging, must first obtain an edible cannabinoid product handler
endorsement.
(b) In consultation with the
commissioner of agriculture, the office shall establish an edible cannabinoid
product handler endorsement.
(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:
(1) the office must issue an edible
cannabinoid product handler endorsement, rather than a license;
(2) eligibility for an edible
cannabinoid product handler endorsement is limited to persons who possess a
valid license issued by the office;
(3) the office may not charge a fee for
issuing or renewing the endorsement;
(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
(5) an edible cannabis product or
lower-potency hemp edible must not be considered adulterated solely because the
product contains tetrahydrocannabinol, cannabis concentrate, hemp concentrate,
artificially derived cannabinoids, or any other material extracted or derived
from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts.
(d) The edible cannabinoid product
handler endorsement must prohibit the manufacture of edible cannabis 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.
Sec. 8. [342.08]
ESTABLISHMENT OF ENVIRONMENTAL STANDARDS.
Subdivision 1. Water
standards. In consultation
with the commissioner of the Pollution Control Agency, the office by rule must
establish appropriate water standards for cannabis businesses.
Subd. 2. Energy
use. In consultation with the
commissioner of commerce, the office by rule must establish appropriate energy
standards for cannabis businesses.
Subd. 3. Solid
waste. In consultation with
the commissioner of the Pollution Control Agency, the office by rule must
establish appropriate solid waste standards for the disposal of:
(1) cannabis flower and cannabis
products;
(2) packaging;
(3) recyclable materials, including
minimum requirements for the use of recyclable materials; and
(4) other solid waste.
Subd. 4. Odor. The office by rule must establish
appropriate standards and requirements to limit odors produced by cannabis
businesses.
Subd. 5. Applicability;
federal, state, and local laws. A
cannabis business must comply with all applicable federal, state, and local
laws related to the subjects of subdivisions 1 to 4.
Subd. 6. Rulemaking. (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.
(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.
Sec. 9. [342.09]
PERSONAL ADULT USE OF CANNABIS.
Subdivision 1. Personal
adult use, possession, and transportation of cannabis flower and cannabinoid
products. (a) An individual
21 years of age or older may:
(1) use, possess, or transport cannabis
paraphernalia;
(2) possess or transport two ounces or
less of adult-use cannabis flower in a public place;
(3) possess 1.5 pounds or less of
adult-use cannabis flower in the individual's private residence;
(4) possess or transport eight grams or
less of adult-use cannabis concentrate;
(5) possess or transport edible
cannabis products and lower-potency hemp edibles infused with a combined total
of 800 milligrams or less of tetrahydrocannabinol;
(6) give for no remuneration two ounces
or less of adult-use cannabis flower, eight grams or less of adult-use cannabis
concentrate, or edible cannabis products and lower-potency hemp edibles infused
with 800 milligrams or less of tetrahydrocannabinol to an individual who is at
least 21 years of age; and
(7) use adult-use cannabis flower and
adult-use cannabis products in the following locations:
(i) a private residence, including the
individual's curtilage or yard;
(ii) on private property, not generally
accessible by the public, unless the individual is explicitly prohibited from
consuming cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products on the property by the owner of the property; or
(iii) on the premises of an
establishment or event licensed to permit on-site consumption.
(b) Except as provided in paragraph
(c), an individual may not:
(1) use, possess, or transport cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products if the individual is under 21 years of age;
(2) use cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products in a
motor vehicle as defined in section 169A.03, subdivision 15;
(3) use cannabis flower, cannabis
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;
(4) use or possess cannabis flower,
cannabis 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;
(5) use or possess cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products in a state correctional facility;
(6) operate a motor vehicle while under
the influence of cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products;
(7) give for no remuneration
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products to an individual under 21 years of age; or
(8) give for no remuneration cannabis
flower or cannabis products as a sample or promotional gift if the giver is in
the business of selling goods or services.
(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 cannabis
flower or medical cannabinoid products by a patient; a registered designated
caregiver; or a parent, legal guardian, or spouse of a patient.
(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 cannabis flower, cannabis 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.
Subd. 2. Home
cultivation of cannabis for personal adult use. Up to eight cannabis plants, with no
more than four being mature, flowering plants may be grown at a single
residence, including the curtilage or yard, without a license to cultivate
cannabis issued under this chapter provided that cultivation takes place at the
primary residence of an individual 21 years of age or older and in an enclosed,
locked space that is not open to public view.
Subd. 3. Home
extraction of cannabis concentrate by use of volatile solvent prohibited. No person may use a volatile solvent
to separate or extract cannabis concentrate or hemp concentrate without a
cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer, medical
cannabis processor, or lower-potency hemp edible manufacturer license issued
under this chapter.
Subd. 4. Sale
of cannabis flower and products prohibited.
No person may sell cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products without a license
issued under this chapter that authorizes the sale.
Subd. 5. Importation
of hemp-derived products. 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 products to consumers within the state or to any other
person or business that intends to sell the products to consumers within the
state without a license issued under this chapter that authorizes the
importation of such products. This
subdivision does not apply to products lawfully purchased for personal use.
Subd. 6. Violations;
penalties. (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.
(b) The office may assess the following
civil penalties on a person who sells cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products without a license
issued under this chapter that authorizes the sale:
(1) if the person sells up to two
ounces of cannabis flower, up to $3,000 or three times the retail market value
of the cannabis flower, whichever is greater;
(2) if the person sells more than two
ounces but not more than eight ounces of cannabis flower, up to $10,000 or
three times the retail market value of the cannabis flower, whichever is
greater;
(3) if the person sells more than eight
ounces but not more than one pound of cannabis flower, up to $25,000 or three
times the retail market value of the cannabis flower, whichever is greater;
(4) if the person sells more
than one pound but not more than five pounds of cannabis flower, up to $50,000
or three times the retail market value of the cannabis flower, whichever is
greater;
(5) if the person sells more than five
pounds but not more than 25 pounds of cannabis flower, up to $100,000 or three
times the retail market value of the cannabis flower, whichever is greater;
(6) if the person sells more than 25
pounds but not more than 50 pounds of cannabis flower, up to $250,000 or three
times the retail market value of the cannabis flower, whichever is greater; and
(7) if the person sells more than 50
pounds of cannabis flower, up to $1,000,000 or three times the retail market
value of the cannabis flower, whichever is greater.
(c) The office may assess the following
civil penalties on a person who sells cannabis concentrate without a license
issued under this chapter that authorizes the sale:
(1) if the person sells up to eight
grams of cannabis concentrate, up to $3,000 or three times the retail market
value of the cannabis concentrate, whichever is greater;
(2) if the person sells more than eight
grams but not more than 40 grams of cannabis concentrate, up to $10,000 or
three times the retail market value of the cannabis concentrate, whichever is
greater;
(3) if the person sells more than 40
grams but not more than 80 grams of cannabis concentrate, up to $25,000 or
three times the retail market value of the cannabis concentrate, whichever is
greater;
(4) if the person sells more than 80
grams but not more than 400 grams of cannabis concentrate, up to $50,000 or
three times the retail market value of the cannabis concentrate, whichever is
greater;
(5) if the person sells more than 400
grams but not more than two kilograms of cannabis concentrate, up to $100,000
or three times the retail market value of the cannabis concentrate, whichever
is greater;
(6) if the person sells more than two
kilograms but not more than four kilograms of cannabis concentrate, up to
$250,000 or three times the retail market value of the cannabis concentrate,
whichever is greater; and
(7) if the person sells more than four
kilograms of cannabis concentrate, up to $1,000,000 or three times the retail
market value of the cannabis concentrate, whichever is greater.
(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:
(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;
(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;
(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;
(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;
(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;
(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
(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.
(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 cannabis plants or more than four mature, flowering
plants, without a license to cultivate cannabis issued under this chapter.
Sec. 10. [342.10]
LICENSES; TYPES.
The office shall issue the following
types of license:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;
(11) lower-potency hemp edible
manufacturer;
(12) lower-potency hemp edible retailer;
(13) medical cannabis cultivator;
(14) medical cannabis processor; or
(15) medical cannabis retailer.
Sec. 11. [342.11]
LICENSES; FEES.
(a) The office shall require the
payment of application fees, initial licensing fees, and renewal licensing fees
as provided in this section. The initial
license fee shall include the fee for initial issuance of the license and the
first annual renewal. The renewal fee
shall be charged at the time of the second renewal and each subsequent annual
renewal thereafter. Nothing in this
section prohibits a local unit of government from charging the retailer
registration fee established in section 342.22.
Application fees, initial licensing fees, and renewal licensing fees are
nonrefundable.
(b) Application and licensing fees
shall be as follows:
(1) for a cannabis microbusiness:
(i) an application fee of $500;
(ii) an initial license fee of $0; and
(iii) a renewal license fee of $2,000;
(2) for a cannabis mezzobusiness:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000;
and
(iii) a renewal license fee of $10,000;
(3) for a cannabis cultivator:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000;
and
(iii) a renewal license fee of $30,000;
(4) for a cannabis manufacturer:
(i) an application fee of $10,000;
(ii) an initial license fee of $10,000;
and
(iii) a renewal license fee of $20,000;
(5) for a cannabis retailer:
(i) an application fee of $2,500;
(ii) an initial license fee of $2,500;
and
(iii) a renewal license fee of $5,000;
(6) for a cannabis wholesaler:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000;
and
(iii) a renewal license fee of $10,000;
(7) for a cannabis transporter:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(8) for a cannabis testing facility:
(i) an application fee of $250;
(ii) an initial license fee of $0; and
(iii) a renewal license fee of $0;
(9) for a cannabis delivery service:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(10) for a cannabis event organizer:
(i) an application fee of $750; and
(ii) an initial license fee of $750;
(11) for a lower-potency hemp edible
manufacturer:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $500;
(12) for a lower-potency hemp retailer:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $500;
(13) for a medical cannabis
cultivator:
(i) an application fee of $250;
(ii) an initial license fee of $0; and
(iii) a renewal license fee of $0;
(14) for a medical cannabis processor:
(i) an application fee of $250;
(ii) an initial license fee of $0; and
(iii) a renewal license fee of $0; and
(15) for a medical cannabis retailer:
(i) an application fee of $250;
(ii) an initial license fee of $0; and
(iii) a renewal license fee of $0.
Sec. 12. [342.12]
LICENSES; TRANSFERS; ADJUSTMENTS.
(a) Licenses issued under this chapter
may not be transferred. A new license
must be obtained when:
(1) the form of the licensee's legal
business structure converts or changes to a different type of legal business
structure;
(2) the licensee dissolves,
consolidates, or merges with another legal organization;
(3) within the previous 24 months, 50
percent or more of the licensee is transferred by a single transaction or
multiple transactions to:
(i) another person or legal
organization; or
(ii) a person or legal organization who
had less than a five percent ownership interest in the licensee at the time of
the first transaction; or
(4) any other event or combination of
events that results in a substitution, elimination, or withdrawal of the
licensee's responsibility for the operation of the licensee.
(b) Licenses must be renewed annually.
(c) 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.
(d) The office by rule may permit
relocation of a licensed cannabis 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 relocation applications. Relocation of a licensed premises pursuant to
this paragraph does not extend or otherwise modify the license term of the
license subject to relocation.
Sec. 13. [342.13]
LOCAL CONTROL.
(a) A local unit of government may not
prohibit the possession, transportation, or use of cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products
authorized under this chapter.
(b) Except as provided in section
342.22, a local unit of government may not prohibit the establishment or
operation of a cannabis business or hemp business licensed under this chapter.
(c) A local unit of government may adopt
reasonable restrictions on the time, place, and manner of the operation of a
cannabis business or hemp business provided that such restrictions do not
prohibit the establishment or operation of cannabis businesses or hemp
businesses. A local unit of government
may prohibit the operation of a cannabis business within 1,000 feet of a
school, day care, the Capitol or Capitol grounds, or a public park that
includes a playground, athletic field, or other attraction regularly used by
minors.
(d) The office shall work with local
units of government to:
(1) develop model ordinances for
reasonable restrictions on the time, place, and manner of the operation of a
cannabis business or hemp business;
(2)
develop standardized forms and procedures for the issuance of a retail
registration pursuant to section 342.22; and
(3) develop model policies and
procedures for the performance of compliance checks required under section
342.22.
(e) If a local unit of government is
conducting studies or has authorized a study to be conducted or has held or has
scheduled a hearing for the purpose of considering adoption or amendment of
reasonable restrictions on the time, place, and manner of the operation of a
cannabis business, the governing body of the local unit of government may adopt
an interim ordinance applicable to all or part of its jurisdiction for the
purpose of protecting the planning process and the health, safety, and welfare
of its citizens. Before adopting the
interim ordinance, the governing body must hold a public hearing. The interim ordinance may regulate, restrict,
or prohibit the operation of a cannabis business within the jurisdiction or a
portion thereof until January 1, 2025.
(f) Within 30 days of receiving a copy
of an application from the office, a local unit of government shall certify on
a form provided by the office whether a proposed cannabis business or hemp
business complies with local zoning ordinances and, if applicable, whether the
proposed business complies with the state fire code and building code.
(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 cannabis business or hemp
business, or sharing public information about an applicant.
(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 cannabis business or hemp 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 paragraphs prohibits a local unit of government from
enforcing a local ordinance. If a local
unit of government notifies the office that a cannabis business or hemp
business other than a cannabis retailer, cannabis microbusiness with a retail
operations endorsement, cannabis mezzobusiness, lower-potency hemp edible
retailer, or medical cannabis retailer poses an immediate threat to the health
or safety of the public, the office must respond within 24 hours and may take
any action described in section 342.19 or 342.21.
Sec. 14. [342.14]
CANNABIS LICENSE APPLICATION AND RENEWAL.
Subdivision 1. Application;
contents. (a) The office by
rule shall establish forms and procedures for the processing of cannabis
licenses issued under this chapter. At a
minimum, any application to obtain or renew a cannabis license shall include
the following information, if applicable:
(1) the name, address, and date of
birth of the applicant;
(2) the disclosure of ownership and
control required under paragraph (b);
(3) the disclosure of whether the
applicant or, if the applicant is a business, any officer, director, manager,
and general partner of the business has ever filed for bankruptcy;
(4) the address and legal property
description of the business;
(5) documentation showing legal
possession of the premises where the business will operate;
(6) a diagram of the premises,
including a security drawing;
(7) a copy of the security plan;
(8) proof of trade name registration;
(9) 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;
(10) an attestation signed by a bona
fide labor organization stating that the applicant has entered into a labor
peace agreement;
(11) certification that the applicant
will comply with the requirements of this chapter relating to the ownership and
operation of a cannabis business;
(12) 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
(13) a statement that the applicant
agrees to respond to the office's supplemental requests for information.
(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:
(1) the management structure,
ownership, and control of the applicant or license holder, including the name
of each cooperative member, officer, director, manager, general partner or
business entity; the office or position held by each person; each person's
percentage ownership interest, if any; and, if the business has a parent
company, the name of each owner, board member, and officer of the parent
company and the owner's, board member's, or officer's percentage ownership
interest in the parent company and the cannabis business;
(2) a statement from the applicant and,
if the applicant is a business, from every officer, director, manager, and
general partner of the business, indicating whether that person has previously
held, or currently holds, an ownership interest in a cannabis business in
Minnesota, any other state or territory of the United States, or any other
country;
(3) if the applicant is a
corporation, copies of its articles of incorporation and bylaws and any
amendments to its articles of incorporation or bylaws;
(4) copies of any partnership
agreement, operating agreement, or shareholder agreement;
(5) copies of any promissory notes,
security instruments, or other similar agreements;
(6) explanation detailing the funding
sources used to finance the business;
(7) a list of operating and investment
accounts for the business, including any applicable financial institution and
account number; and
(8) a list of each outstanding loan and
financial obligation obtained for use in the business, including the loan
amount, loan terms, and name and address of the creditor.
(c) An application may include:
(1) proof that the applicant is a
social equity applicant;
(2) a description of the training and
education that will be provided to any employee; or
(3) a copy of business policies
governing operations to ensure compliance with this chapter.
(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.
(e) An application on behalf of a
corporation or association shall be signed by at least two officers or managing
agents of that entity.
(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.
Subd. 2. Application;
process. (a) An applicant
must submit all required information to the office on the forms and in the
manner prescribed by the office.
(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.
(c) Failure by an applicant to submit
all required information will result in the application being rejected.
(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 cannabis business or
hemp business complies with local zoning ordinances and, if applicable, whether
the proposed business complies with the state fire code and building code.
(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.
Sec. 15. [342.15]
ADULT-USE CANNABIS BUSINESS; CRIMINAL HISTORY CHECK AND DISQUALIFICATIONS.
Subdivision 1. Criminal
history check. (a) Upon
request by the office, every applicant for a cannabis business license and
prospective cannabis 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 cannabis worker. The bureau may exchange a license applicant's
or prospective cannabis worker's fingerprints with the Federal Bureau of
Investigation to obtain the license applicant's or prospective cannabis
worker'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 license applicant or prospective cannabis worker is
disqualified under rules adopted pursuant to this section.
(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.
Subd. 2. Criminal
offenses; disqualifications. The
office may by rule determine whether any felony convictions shall disqualify a
person from holding or receiving a cannabis business license issued under this
chapter or working for a cannabis 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.
Subd. 3. Risk
of harm; set aside. 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.
Subd. 4. Exception. The background check requirements and
disqualifications under this section do not apply to an applicant for a hemp
business license or to hemp workers.
Sec. 16. [342.16]
CANNABIS BUSINESSES; GENERAL OWNERSHIP DISQUALIFICATIONS AND REQUIREMENTS.
(a) A license holder or applicant must
meet each of the following requirements, if applicable, to hold or receive a
cannabis license issued under this chapter:
(1) be at least 21 years of age;
(2) have completed an application for
licensure or application for renewal;
(3) have paid the applicable application
fee and license fee;
(4) reside in the state;
(5) 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;
(6) if the applicant or license holder
is a business entity, at least 75 percent of the business must be owned by
Minnesota residents;
(7) not be employed by the office or any
state agency with regulatory authority under this chapter or the rules adopted
pursuant to this chapter;
(8) not be a licensed peace
officer, as defined in section 626.84, subdivision 1, paragraph (c);
(9) never have had a license previously
issued under this chapter revoked;
(10) have filed any previously required
tax returns for a cannabis business;
(11) have paid and remitted any
business taxes, gross receipts taxes, interest, or penalties due relating to
the operation of a cannabis business;
(12) have fully and truthfully complied
with all information requests of the office relating to license application and
renewal;
(13) not be disqualified under section
342.15;
(14) not employ an individual who is
disqualified from working for a cannabis business under this chapter; and
(15) meet the ownership and operational
requirements for the type of license and, if applicable, endorsement sought or
held.
(b) A health care practitioner who
certifies qualifying medical conditions for patients is prohibited from:
(1) holding a direct or indirect
economic interest in a cannabis business;
(2) serving as a cooperative member,
director, manager, general partner, or employee of a cannabis business; or
(3) advertising with a cannabis
business in any way.
(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.
(d) The ownership disqualifications and
requirements under this section do not apply to a hemp business license holder
or applicant.
Sec. 17. [342.17]
SOCIAL EQUITY APPLICANTS.
An individual qualifies as a social
equity applicant if the individual is:
(1) convicted of a cannabis-related
offense prior to the effective date of this chapter, or had a parent, guardian,
child, spouse, or dependent, or was a dependent of an individual who, prior to
the effective date of this chapter, was convicted of a cannabis-related
offense;
(2) a service-disabled veteran and
national guard as well as any military veteran or national guard who lost
honorable status due to a cannabis-related offense;
(3) a resident for the last five years
of one or more communities disproportionately impacted by cannabis 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;
(4) socially disadvantaged farmers or
ranchers as defined by United States Code, title 7, section 2003(e)(2); or
(5) 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:
(i) the poverty rate was 20 percent or
more; or
(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.
Sec. 18. [342.18]
LICENSE SELECTION CRITERIA.
Subdivision 1. Market
stability. The office shall
issue the necessary number of licenses in order to ensure the sufficient supply
of cannabis flower and cannabis products to meet demand, provide market
stability, ensure a competitive market, and limit the sale of unregulated
cannabis flower and cannabis products.
Subd. 2. Vertical
integration prohibited; exceptions. (a)
Except as otherwise provided in this subdivision, the office shall not issue
licenses to a single applicant that would result in the applicant being
vertically integrated in violation of the provisions of this chapter.
(b) Nothing in this section prohibits
or limits the issuance of microbusiness licenses 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.
Subd. 3. Application
score; license priority. (a)
The office shall award points to each completed application for a license to
operate a cannabis business in the following categories:
(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);
(2) status as a veteran or retired
national guard applicant who does not meet the definition of social equity
applicant;
(3) security and record keeping;
(4) employee training plan;
(5) business plan and financial
situation;
(6) labor and employment practices;
(7) knowledge and experience; and
(8) environmental plan.
(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 cannabis program.
(c) The office shall establish
application materials permitting individual applicants to demonstrate the
impact that cannabis 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.
(d) The office shall establish
policies and guidelines, which shall 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.
(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.
Sec. 19. [342.19]
INSPECTION; LICENSE VIOLATIONS; PENALTIES.
Subdivision 1. Authority
to inspect. (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:
(1) enter any cannabis business or hemp
business without delay and at reasonable times;
(2) inspect and investigate during
regular working hours and at other reasonable times, within reasonable limits
and in a reasonable manner, any cannabis business or hemp business and all
relevant conditions, equipment, records, and materials therein; and
(3) question privately any employer,
owner, operator, agent, or employee of a cannabis business or hemp business.
(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).
Subd. 2. Powers
of office. (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.
(b) If the office finds probable cause
to believe that any cannabis plant, cannabis flower, cannabis 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 cannabis plant, cannabis flower, cannabis 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 cannabis plant, cannabis flower, cannabis 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.
(c) If any cannabis plant, cannabis
flower, cannabis 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 cannabis plant, cannabis flower, cannabis
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.
(d) If the court finds that detained or
embargoed cannabis plant, cannabis flower, cannabis 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:
(1) after entering a decree, the
cannabis plant, cannabis flower, cannabis 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 cannabis plant, cannabis flower, cannabis product,
artificially derived cannabinoid, lower-potency hemp edible, or hemp-derived
consumer product or the claimant's agent; and
(2) if the violation can be corrected
by proper labeling or processing of the cannabis plant, cannabis flower,
cannabis 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 cannabis plant, cannabis flower, cannabis 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 cannabis plant, cannabis flower,
cannabis 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 cannabis
plant, cannabis flower, cannabis 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 cannabis plant, cannabis flower, cannabis 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.
(e) If the office finds in any room,
building, piece of equipment, vehicle of transportation, or other structure any
cannabis plant, cannabis flower, cannabis 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.
(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.
Subd. 3. Aiding
of inspection. Subject to
rules issued by the office, a representative of a cannabis business or hemp
business shall be given an opportunity to accompany the office during the
physical inspection of any cannabis business or hemp business for the purpose
of aiding such inspection.
Subd. 4. Complaints
and reports; priority of inspection.
(a) The office may conduct inspections of any licensed cannabis
business or hemp business at any time to ensure compliance with the ownership
and operation requirements of this chapter.
(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.
(c) The office shall prioritize
inspections of cannabis 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 24 hours of the receipt of a credible report.
(d) The office shall promptly inspect
cannabis businesses and hemp businesses that are the subject of complaint by a
local unit of government.
Subd. 5. Violations;
administrative orders and penalties.
(a) The office may issue an administrative order to any licensed
cannabis 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.
(b) For each violation of this chapter
or rules adopted pursuant to this chapter, the office may issue to each
cannabis 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.
(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.
(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.
Sec. 20. [342.20]
DATA PRACTICES.
Subdivision 1. Not
public data. 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:
(1) application data submitted by an
applicant for a cannabis business license or hemp business license, other than
the data listed in subdivision 2;
(2) the identity of a complainant who
has made a report concerning a license holder or applicant that appears in
inactive complaint data unless the complainant consents to the disclosure;
(3) the nature or content of
unsubstantiated complaints when the information is not maintained in
anticipation of legal action;
(4) the record of any disciplinary
proceeding except as limited by subdivision 9;
(5) data identifying retail or wholesale
customers of a cannabis business or hemp business; and
(6) data identifying cannabis workers or
hemp workers.
Subd. 2. Public
data on license applicants. (a)
The following application data submitted by an applicant for a cannabis
business license or hemp business license are public data:
(1) the applicant's name and designated
address;
(2) data disclosing the ownership and
control of the applicant;
(3) proof of trade name registration;
(4) data showing the legal possession of
the premises where the business will operate;
(5) data describing whether volatile
chemicals will be used in any methods of extraction or concentration;
(6) environmental plans;
(7) the type and number of other
cannabis business licenses or hemp business licenses held by the applicant; and
(8) the name, address, location, dates,
and hours of where any proposed cannabis event will take place.
(b) Scoring and other data generated by
the office in its review of an applicant for a cannabis business license or
hemp business license are public data.
Subd. 3. Public
application data on license holders.
Once an applicant for a cannabis 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:
(1) data identifying retail or wholesale
customers of a cannabis business or hemp business;
(2) data identifying cannabis workers or
hemp workers;
(3) tax returns, bank account
statements, and other financial account information;
(4) business plans; and
(5) security information and trade
secret information, as defined by section 13.37.
Subd. 4. Public
disciplinary data. Minutes,
orders for hearings, findings of fact, conclusions of law, and specification of
the final disciplinary action contained in the record of the disciplinary
action are classified as public data. If
there is a public hearing concerning the disciplinary action, the entire record
concerning the disciplinary action is public data. If the license holder and the office agree to
resolve a complaint without a hearing, the agreement and the specific reasons
for the agreement are public data.
Subd. 5. Data
practices administration. (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.
(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.
(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.
Sec. 21. [342.21]
LICENSE SUSPENSION OR REVOCATION; HEARING.
Subdivision 1. License
revocation and nonrenewal. The
office may revoke or not renew a license when the office has cause to believe
that a cannabis 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.
Subd. 2. Hearing;
written findings. (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.
(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.
Subd. 3. Temporary
suspension. 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.
Sec. 22. [342.22]
RETAILERS; LOCAL REGISTRATION AND ENFORCEMENT.
Subdivision 1. Registration
required. Before making
retail sales to customers or patients, a cannabis microbusiness with a retail
operations endorsement, cannabis mezzobusiness with a retail operations
endorsement, cannabis retailer, medical cannabis retailer, or lower-potency
hemp edible retailer must register with the local unit of government in which
the retail establishment is located.
Subd. 2. Registration
fee. (a) A local unit of
government may impose an initial retail registration fee of up to half the
amount of the applicable initial license fee under section 342.11. The local unit of government may also impose
a renewal retail registration fee of up to half the amount of the applicable
renewal license fee under section 342.11.
The initial license 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.
(b) The local unit of government may not
charge an application fee.
(c) A cannabis business with a cannabis
retailer license and a medical cannabis retailer license for the same location
may only be charged a single registration fee.
(d) Registration fees are
nonrefundable.
Subd. 3. Issuance
of registration. (a) A local
unit of government shall issue a retail registration to a cannabis
microbusiness with a retail operations endorsement, cannabis mezzobusiness with
a retail operations endorsement, cannabis retailer, medical cannabis retailer,
or lower-potency hemp edible retailer that:
(1) has a valid license issued by the
office;
(2) has paid the registration fee or
renewal fee pursuant to subdivision 2;
(3) is found to be in compliance with
the requirements of this chapter at any preliminary compliance check that the
local unit of government performs; and
(4) if applicable, is current on all
property taxes and assessments at the location where the retail establishment
is located.
(b) Before issuing a retail
registration, the local unit of government may conduct a preliminary compliance
check to ensure that the cannabis business or hemp business is in compliance
with the applicable operation requirements and the limits on the types of
cannabis flower, cannabinoid products, and hemp-derived consumer products that
may be sold.
(c) A local unit of government shall
renew the retail registration of a cannabis business or hemp business when the
office renews the license of the cannabis business or hemp business.
(d) A retail registration issued under
this section may not be transferred.
Subd. 4. Compliance
checks. (a) A local unit of
government shall conduct compliance checks of every cannabis 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 cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products being sold.
(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 cannabis flower, cannabis
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.
(c) Checks to ensure compliance with
the applicable operation requirements and the limits on the types of cannabis
flower, cannabis 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.
Subd. 5. Registration
suspension and cancellation; notice to office; penalties. (a) If a local unit of government
determines that a cannabis 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 cannabis 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.
(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.
(c) The retail registration suspension
must be for up to 30 days unless the office suspends the license and operating
privilege of the cannabis business or hemp business for a longer period or
revokes the license.
(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.
(e) No cannabis microbusiness with a
retail operations endorsement, cannabis mezzobusiness with a retail operations
endorsement, cannabis retailer, medical cannabis retailer, 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.
Sec. 23. [342.23]
CANNABIS BUSINESSES AND HEMP BUSINESSES; GENERAL OPERATIONAL REQUIREMENTS.
Subdivision 1. Records. (a) Cannabis 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.
(b) When applicable, a cannabis 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.
(c) The office may require a cannabis
business or hemp business to submit to an audit of its business records. The office may select or approve the auditor
and the cannabis business or hemp business must provide the auditor with access
to all business records. The cost of the
audit must be paid by the cannabis business or hemp business.
Subd. 2. Disposal;
loss documentation. (a)
Cannabis businesses and hemp businesses must dispose of cannabis plants,
cannabis flower, cannabis 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.
(b) Disposal must be conducted in a
manner approved by the office.
(c) Disposal of any cannabis plants,
cannabis flower, cannabis 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.
(d) Loss or theft of any cannabis
plants, cannabis flower, cannabis 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.
Subd. 3. Sale
of approved products. Cannabis
businesses and hemp businesses may only sell cannabis plants, cannabis flower,
cannabis products, artificially derived cannabinoids, lower-potency hemp
edibles, and hemp‑derived consumer products that are a type approved by
the office and that comply with this chapter and rules adopted pursuant to this
chapter regarding the testing, packaging, and labeling of cannabis plants,
cannabis flower, cannabis products, artificially derived cannabinoids,
lower-potency hemp edibles, and hemp-derived consumer products.
Subd. 4. Financial
relationship. (a) Except for
the lawful sale of cannabis plants, cannabis flower, cannabis 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 cannabis 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 cannabis 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 cannabis business
or hemp business.
(b) This prohibition does not apply to
merchandising credit in the ordinary course of business for a period not to
exceed 30 days.
(c) This prohibition does not apply to
free samples of usable cannabis flower, cannabis 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 cannabis
flower, cannabis product, lower-potency hemp edible, or hemp‑derived
consumer product before purchase. A
sample jar may not contain more than eight grams of usable cannabis flower,
more than eight grams of a cannabis concentrate, an edible cannabis 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.
(d) This prohibition does not apply to
free samples of cannabis flower, cannabis products, lower-potency hemp edibles,
or hemp-derived consumer products provided to a retailer or cannabis 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
cannabis flower, more than eight grams of a cannabis concentrate, an edible
cannabis 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.
(e) This prohibition does not apply to
any fee charged by a licensed cannabis event organizer to a cannabis business
or hemp business for participation in a cannabis event.
Subd. 5. Customer
privacy. Cannabis 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.
Sec. 24. [342.24]
CANNABIS BUSINESSES; GENERAL OPERATIONAL REQUIREMENTS.
Subdivision 1. Individuals
under 21 years of age. (a) A
cannabis 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 cannabis plants, cannabis flower, artificially
derived cannabinoids, or cannabinoid products.
(b) A cannabis 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.
(c) A cannabis business may not sell or
give cannabis flower, cannabis 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 cannabis flower or medical cannabinoid products.
Subd. 2. Use
of cannabis flower and products within a licensed cannabis business. (a) A cannabis business may not permit
an individual who is not an employee to consume cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products within
its licensed premises unless the business is licensed to permit on-site
consumption.
(b) Except as otherwise
provided in this subdivision, a cannabis business may not permit an employee to
consume cannabis flower, cannabis 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.
(c) A cannabis business may permit an
employee to use medical cannabis flower and medical cannabinoid products if
that individual is a patient.
(d) For quality control, employees of a
licensed cannabis business may sample cannabis flower, cannabis 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.
Subd. 3. Restricted
access. (a) Except as
otherwise provided in this subdivision, a cannabis business may not permit any
individual to enter a restricted area unless the cannabis business records the
individual's name, time of entry, time of exit, and authorization to enter the
restricted area through use of an electronic or manual entry log and the
individual:
(1) is a cannabis worker employed by or
contracted with the cannabis business;
(2) is an employee of the office or
another enforcement agency;
(3) is a contractor of the cannabis
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
cannabis flower, cannabis products, or hemp-derived consumer products and, if
the individual is working in an area with immediate access to cannabis flower,
cannabis products, or hemp-derived consumer products, the individual is
supervised at all times by a cannabis worker employed by or contracted with the
cannabis business; or
(4) has explicit authorization from the
office to enter a restricted area and, if the individual is in an area with
immediate access to cannabis flower, cannabis products, or hemp-derived
consumer products, the individual is supervised at all times by a cannabis
worker employed by or contracted with the cannabis business.
(b) A cannabis 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.
Subd. 4. Ventilation
and filtration. A cannabis
business must maintain a ventilation and filtration system sufficient to meet
the requirements for odor control established by the office.
Subd. 5. Use
of statewide monitoring system. (a)
A cannabis business must use the statewide monitoring system for integrated
cannabis tracking, inventory, and verification to track all cannabis plants,
cannabis flower, cannabis products, and hemp-derived consumer products the
cannabis business has in its possession to the point of disposal, transfer, or
sale.
(b) For the purposes of this
subdivision, a cannabis business possesses the cannabis plants and cannabis
flower that the business cultivates from seed or immature plant, if applicable,
or receives from another cannabis business, and possesses the cannabis products
and hemp-derived consumer products that the business manufactures or receives
from another cannabis business.
(c) Sale and transfer of cannabis
plants, cannabis flower, cannabis products, and hemp-derived consumer products
must be recorded in the statewide monitoring system within the time established
by rule.
Subd. 6. Security. A cannabis business must maintain and
follow a security plan to deter and prevent the theft or diversion of cannabis
plants, cannabis flower, cannabis products, and hemp-derived consumer products,
unauthorized entry into the cannabis business, and the theft of currency.
Subd. 7. Remuneration. A cannabis business is prohibited
from:
(1) accepting or soliciting any form of
remuneration from a health care practitioner who certifies qualifying medical
conditions for patients; or
(2) offering any form of remuneration to
a health care practitioner who certifies qualifying medical conditions for
patients.
Subd. 8. Exclusions. The requirements under this section do
not apply to hemp businesses.
Sec. 25. [342.25]
CULTIVATION OF CANNABIS; GENERAL REQUIREMENTS.
Subdivision 1. Applicability. Every cannabis business with a license
or endorsement authorizing the cultivation of cannabis must comply with the
requirements of this section.
Subd. 2. Cultivation
records. A business licensed
or authorized to cultivate cannabis must prepare a cultivation record for each
batch of cannabis plants and cannabis 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 cannabis business must present cultivation records to the office,
the commissioner of agriculture, or the commissioner of health upon request.
Subd. 3. Agricultural
chemicals and other inputs. A
business licensed or authorized to cultivate cannabis is subject to rules
promulgated by the office governing the use of pesticides, fertilizers, soil
amendments, plant amendments, and other inputs to cultivate cannabis.
Subd. 4. Cultivation
plan. A business licensed or
authorized to cultivate cannabis 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:
(1) water usage;
(2) recycling;
(3) solid waste disposal; and
(4) a pest management protocol that
incorporates integrated pest management principles to control or prevent the
introduction of pests to the cultivation site.
Subd. 5. Pesticides;
pollinator protection. (a) A
business licensed or authorized to cultivate cannabis must comply with chapters
18B, 18D, 18E, and any other pesticide laws and rules enforced by the
commissioner of agriculture.
(b) A business licensed or authorized to
cultivate cannabis must not apply pesticides when pollinators are present or
allow pesticides to drift to flowering plants that are attractive to
pollinators.
Subd. 6. Adulteration
prohibited. A business
licensed or authorized to cultivate cannabis must not treat or otherwise
adulterate cannabis plants or cannabis flower with any substance or compound
that has the effect or intent of altering the color, appearance, weight, or
smell of the cannabis.
Subd. 7. Indoor,
outdoor cultivation authorized; security.
A business licensed or authorized to cultivate cannabis may
cultivate cannabis plants indoors or outdoors, subject to the security,
fencing, lighting, and any other requirements imposed by the office in rule.
Subd. 8. Seed
limitation. The commissioner
of agriculture must not issue a genetically engineered agriculturally related
organism permit under chapter 18F for cannabis seed or cannabis plants. A cannabis cultivator must not cultivate a
cannabis plant that is a genetically engineered organism as defined in section
18F.02, subdivision 5.
Subd. 9. Exception. Nothing in this section applies to the
cultivation of hemp plants.
Sec. 26. [342.26]
MANUFACTURE OF CANNABIS PRODUCTS; GENERAL REQUIREMENTS.
Subdivision 1. Applicability. Every cannabis business with a license
or endorsement authorizing the creation of cannabis concentrate and manufacture
of cannabis products and hemp-derived consumer products for public consumption
must comply with the requirements of this section.
Subd. 2. All
manufacturer operations. (a)
Cannabis manufacturing must take place in an enclosed, locked facility that is
used exclusively for the manufacture of cannabis 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 cannabis cultivator license may
operate in a facility that shares general office space, bathrooms, entryways,
and walkways.
(b) Cannabis manufacturing must take
place on equipment that is used exclusively for the manufacture of cannabis
products, creation of hemp concentrate, creation of artificially derived
cannabinoids, creation of lower‑potency hemp edibles, or creation of
hemp-derived consumer products.
(c) A business licensed or authorized to
manufacture cannabis products must comply with all applicable packaging,
labeling, and health and safety requirements.
Subd. 3. Extraction
and concentration. (a) A
business licensed or authorized to manufacture cannabis products that creates
cannabis concentrate, hemp concentrate, or artificially derived cannabinoids
must obtain an endorsement from the office.
(b) A business licensed or authorized to
manufacture cannabis 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
cannabis concentrate or hemp concentrate.
A cannabis manufacturer may not use a method of extraction and
concentration or a volatile chemical without approval by the office.
(c) A business licensed or authorized to
manufacture cannabis 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 cannabis products may not use a
method of conversion or a catalyst without approval by the office.
(d) A business licensed or authorized to
manufacture cannabis products must obtain a certification from an independent
third-party industrial hygienist or professional engineer approving:
(1) all electrical, gas, fire
suppression, and exhaust systems; and
(2) the plan for safe storage and
disposal of hazardous substances, including but not limited to any volatile
chemicals.
(e) A business licensed or
authorized to manufacture cannabis products that manufactures cannabis
concentrate from cannabis 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:
(1) store the cannabis flower in an
area that is segregated from cannabis flower and hemp plant parts received from
a licensed cannabis business;
(2) perform the extraction and
concentration on equipment that is used exclusively for extraction or
concentration of cannabis flower received from unlicensed individuals;
(3) store any cannabis concentrate in
an area that is segregated from cannabis concentrate, hemp concentrate, or
artificially derived cannabinoids derived or manufactured from cannabis flower
or hemp plant parts received from a licensed cannabis business; and
(4) provide any cannabis concentrate
only to the person who provided the cannabis flower.
(f) Upon the sale of cannabis
concentrate, hemp concentrate, or artificially derived cannabinoids to any
person, cooperative, or business, a business licensed or authorized to
manufacture cannabis 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.
Subd. 4. Production
of consumer products. (a) A
business licensed or authorized to manufacture cannabis products that produces
edible cannabis products or lower-potency hemp edibles must obtain an edible
cannabinoid product handler endorsement from the office.
(b) A business licensed or authorized
to manufacture cannabis products must obtain an endorsement from the office to
produce:
(1) cannabis products other than edible
cannabis products; or
(2) hemp-derived consumer products
other than lower-potency hemp edibles.
(c) All areas within the licensed
premises of a business licensed or authorized to manufacture cannabis products
producing cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products must meet the sanitary standards specified in rules adopted
by the office.
(d) A business licensed or authorized
to manufacture cannabis products may only add chemicals or compounds approved
by the office to cannabis concentrate, hemp concentrate, or artificially
derived cannabinoids.
(e) Upon the sale of any cannabis
product, lower-potency hemp edible, or hemp-derived consumer product to a
cannabis business or hemp business, a business licensed or authorized to
manufacture cannabis 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.
(f) A business licensed or authorized
to manufacture cannabis products shall not add any cannabis flower, cannabis
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 cannabis 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 cannabis products does not
state or advertise to the customer that the final retail cannabis product,
lower-potency hemp edible, or hemp-derived consumer product contains a
trademarked food product.
Subd. 5. Exception. Nothing in this section applies to the
operations of a lower-potency hemp edible manufacturer.
Sec. 27. [342.27]
RETAIL SALE OF CANNABIS FLOWER AND PRODUCTS; GENERAL REQUIREMENTS.
Subdivision 1. Applicability. Every cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products must comply with the requirements of this section.
Subd. 2. Sale
of cannabis and cannabinoid products.
(a) A cannabis business with a license or endorsement authorizing
the retail sale of cannabis flower or cannabis products may only sell immature
cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products to
individuals who are at least 21 years of age.
(b) A cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products may sell immature cannabis plants and seedlings, adult-use cannabis
flower, adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products that:
(1) are obtained from a business
licensed under this chapter; and
(2) meet all applicable packaging and
labeling requirements.
(c) A cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products may sell up to two ounces of adult-use cannabis flower or hemp-derived
consumer products consisting primarily of hemp plant parts, up to eight grams
of adult-use cannabis concentrate or hemp-derived consumer products consisting
primarily of hemp concentrate or artificially derived cannabinoids, and edible
cannabis products and lower-potency hemp edibles infused with up to 800 milligrams
of tetrahydrocannabinol during a single transaction to a customer.
(d) Edible cannabis products and
hemp-derived consumer products intended to be eaten or consumed as a beverage
may not include more than ten milligrams of tetrahydrocannabinol per serving
and a single package may not include more than a total of 100 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.
Subd. 3. Sale
of other products. (a) A
cannabis business with a license or endorsement authorizing the retail sale of
cannabis flower or cannabis products may sell cannabis paraphernalia, including
but not limited to childproof packaging containers and other devices designed
to ensure the safe storage and monitoring of cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products in the
home to prevent access by individuals under 21 years of age.
(b) A cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products may sell hemp-derived topical products.
(c) A cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products may sell the following products that do not contain cannabis flower,
cannabis concentrate, hemp concentrate, artificially derived cannabinoids, or
tetrahydrocannabinol:
(1) drinks that do not contain alcohol
and are packaged in sealed containers labeled for retail sale;
(2) books and videos on the cultivation
and use of cannabis flower and products that contain cannabinoids;
(3) magazines and other publications
published primarily for information and education on cannabis plants, cannabis
flower, and products that contain cannabinoids;
(4) multiple-use bags designed
to carry purchased items;
(5) clothing marked with the specific
name, brand, or identifying logo of the retailer; and
(6) hemp fiber products and products
that contain hemp grain.
Subd. 4. Age
verification. (a) Prior to
initiating a sale, an employee of a cannabis business with a license or
endorsement authorizing the retail sale of cannabis flower or cannabis products
must verify that the customer is at least 21 years of age.
(b) Proof of age may be established
only by one of the following:
(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;
(2) a valid Tribal identification card
as defined in section 171.072, paragraph (b);
(3) a valid passport issued by the
United States;
(4) a valid instructional permit issued
under section 171.05 to a person of legal age to purchase adult-use cannabis or
adult-use cannabinoid products, that includes a photograph and the date of
birth of the person issued the permit; or
(5) in the case of a foreign national,
by a valid passport.
(c) A retailer may seize a form of
identification listed under paragraph (b) if the cannabis 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.
Subd. 5. Display
of cannabis flower and products. (a)
A cannabis business with a license or endorsement authorizing the retail sale
of cannabis flower or cannabis products must designate a retail area where
customers are permitted. The retail area
shall include the portion of the premises where samples of cannabis flower and
cannabis products available for sale are displayed. All other cannabis flower and cannabis
products must be stored in the secure storage area.
(b) A cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products may display one sample of each type of cannabis flower or cannabis
product available for sale. Samples of
cannabis flower and cannabis 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 cannabis flower
and cannabis products sold to customers.
A sample may not contain more than eight grams of adult-use cannabis
flower or adult-use cannabis concentrate or an edible cannabis product infused
with more than 100 milligrams of tetrahydrocannabinol. A cannabis retailer may allow customers to
smell the cannabis flower or cannabis product before purchase.
(c) A cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products may not sell cannabis flower or cannabis 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.
Subd. 6. Posting
of notices. A cannabis
business with a license or endorsement authorizing the retail sale of cannabis
flower or cannabis products must post all notices as required by the office,
including but not limited to:
(1) information about any product
recall;
(2) a statement that operating a motor
vehicle under the influence of intoxicating cannabinoids is illegal; and
(3) a statement that cannabis flower,
cannabis 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.
Subd. 7. Hours
of operation. (a) Except as
provided by paragraph (b), a cannabis business with a license or endorsement
authorizing the retail sale of cannabis flower or cannabis products may not
sell cannabis flower, cannabis 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.
(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.
(c) A cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products may not be open to the public or sell any other products at times when
the cannabis business is prohibited from selling cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products.
Subd. 8. Building
conditions. (a) A cannabis
business with a license or endorsement authorizing the retail sale of cannabis
flower or cannabis products shall maintain compliance with state and local
building, fire, and zoning requirements or regulations.
(b) A cannabis business with a license
or endorsement authorizing the retail sale of cannabis flower or cannabis
products shall ensure that the licensed premises is maintained in a clean and
sanitary condition, free from infestation by insects, rodents, or other pests.
Subd. 9. Security. A cannabis business with a license or
endorsement authorizing the retail sale of cannabis flower or cannabis 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.
Subd. 10. Lighting. A cannabis business with a license or
endorsement authorizing the retail sale of cannabis flower or cannabis products
must keep all lighting outside and inside the dispensary in good working order
and sufficient wattage for security cameras.
Subd. 11. Deliveries. A cannabis business with a license or
endorsement authorizing the retail sale of cannabis flower or cannabis products
may only accept deliveries of cannabis flower, cannabis 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.
Subd. 12. Prohibitions. A cannabis business with a license or
endorsement authorizing the retail sale of cannabis flower or cannabis products
shall not:
(1) sell cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products to a
person who is visibly intoxicated;
(2) knowingly sell more cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products than a customer is legally permitted to possess;
(3) give away immature cannabis
plants or seedlings, cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products;
(4) operate a drive-through window;
(5) allow for the dispensing of cannabis
plants, cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products in vending machines; or
(6) sell cannabis plants, cannabis
flower, or cannabis products if the cannabis retailer knows that any required
security or statewide monitoring systems are not operational.
Subd. 13. Adult-use
and medical cannabis; colocation. (a)
A cannabis business with a license or endorsement authorizing the retail sale
of adult-use cannabis flower or adult-use cannabis products that is also a
licensed medical cannabis retailer may sell medical cannabis flower and medical
cannabinoid products on a portion of the business's premises.
(b) The portion of the premises of the
cannabis business where medical cannabis flower and medical cannabinoid
products are sold must be definite and distinct from all other areas of the
cannabis retailer and must provide an appropriate space for a pharmacist
employee of the medical cannabis retailer to consult with a patient to
determine the proper type of medical cannabis flower and medical cannabinoid
products and proper dosage for the patient.
Subd. 14. Exception. Nothing in this section applies to the
operations of a lower-potency hemp edible retailer.
Sec. 28. [342.28]
CANNABIS MICROBUSINESS LICENSING AND OPERATIONS.
Subdivision 1. Authorized
actions. A cannabis
microbusiness license, consistent with the specific license endorsement or
endorsements, entitles the license holder to perform any or all of the
following within the limits established by this section:
(1) grow cannabis plants from seed or
immature plant to mature plant and harvest cannabis flower from a mature plant;
(2) make cannabis concentrate;
(3) make hemp concentrate, including
hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than
0.3 percent as measured by weight;
(4) manufacture artificially derived
cannabinoids;
(5) manufacture adult-use cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products for
public consumption;
(6) purchase immature cannabis plants
and seedlings, cannabis flower, and hemp plant parts from another cannabis
microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis
wholesaler, or an industrial hemp grower;
(7) purchase cannabis concentrate, hemp
concentrate, and artificially derived cannabinoids from another cannabis
microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis
wholesaler, or a licensed hemp grower for use in manufacturing adult-use
cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products;
(8) package and label adult-use cannabis
flower, adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for sale to customers;
(9) sell immature cannabis
plants and seedlings, adult-use cannabis flower, adult-use cannabis products,
lower‑potency hemp edibles, hemp-derived consumer products, and other
products authorized by law to other cannabis businesses and to customers;
(10) operate an establishment that
permits on-site consumption of edible cannabis products and lower-potency hemp
edibles; and
(11) perform other actions approved by
the office.
Subd. 2. Size
limitations. (a) A cannabis
microbusiness that cultivates cannabis at an indoor facility may cultivate up
to 2,000 square feet of plant canopy unless the office, by rule, increases that
limit. The office may, by rule, increase
the limit on plant canopy to no more than 5,000 square feet if the office
determines that expansion is consistent with the goals identified in section
342.02, subdivision 1. Limitations on
plant canopy apply to the area in which mature, flowering plants are cultivated. A cannabis microbusiness may not operate
multiple tiers of cultivation.
(b) A cannabis microbusiness that
cultivates cannabis at an outdoor location may cultivate up to one-half acre of
mature, flowering plants unless the office, by rule, increases that limit. The office may, by rule, 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.
(c) The office shall, by rule,
establish a limit on the manufacturing of cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products a cannabis microbusiness that
manufactures such products may perform. The
limit must be equivalent to the amount of cannabis flower that can be harvested
from a facility with a plant canopy of 2,000 square feet in a year, but may be
increased to the amount that can be harvested from a facility with up to 5,000 square feet of plant canopy if
the office expands the allowable area of cultivation under paragraph (a).
(d) A cannabis microbusiness with the
appropriate endorsement may operate one retail location.
Subd. 3. Additional
information required. 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 cannabis microbusiness license must submit
the following information in a form approved by the office:
(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 cannabis businesses and
individuals under 21 years of age;
(2) if the applicant is seeking an
endorsement to cultivate cannabis plants and harvest cannabis 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;
(3) if the applicant is seeking an
endorsement to create cannabis 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
(4) evidence that the applicant will
comply with the applicable operation requirements for the license being sought.
Subd. 4. Exception. 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
cannabis microbusiness license.
Subd. 5. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis microbusiness license may
also hold a cannabis event organizer license.
(b) Except as provided in paragraph (a),
no person, cooperative, or business holding a cannabis microbusiness license
may own or operate any other cannabis business or hemp business or hold more
than one cannabis microbusiness license.
(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 cannabis business.
Subd. 6. Cultivation
endorsement. A cannabis
microbusiness that cultivates cannabis plants and harvests cannabis flower must
comply with the requirements in section 342.25.
Subd. 7. Extraction
and concentration endorsement. A
cannabis microbusiness that creates cannabis concentrate must comply with the
requirements in section 342.26, subdivisions 2 and 3.
Subd. 8. Production
of customer products endorsement. A
cannabis microbusiness that manufacturers edible cannabis products,
lower-potency hemp products, or hemp-derived consumer products must comply with
the requirements in section 342.26, subdivisions 2 and 4.
Subd. 9. Retail
operations endorsement. A
cannabis microbusiness that operates a retail location must comply with the
requirements in section 342.27.
Subd. 10. On-site
consumption endorsement. (a)
A cannabis microbusiness may permit on-site consumption of edible cannabis
products and lower-potency hemp edibles on a portion of its premises.
(b) The portion of the premises of the
cannabis microbusiness where 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.
(c) Edible cannabis 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.
(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.
(e) Food and beverages not otherwise
prohibited by this subdivision may be prepared and sold on site provided that
the cannabis microbusiness complies with all relevant state and local laws,
ordinances, licensing requirements, and zoning requirements.
(f) A cannabis microbusiness shall
ensure that the display and consumption of any edible cannabis product or
lower-potency hemp edible is not visible from outside of the licensed premises
of the business.
(g) A cannabis microbusiness may offer
recorded or live entertainment, provided that the cannabis microbusiness
complies with all relevant state and local laws, ordinances, licensing
requirements, and zoning requirements.
(h) A cannabis microbusiness may not:
(1) sell an edible cannabis product or a
lower-potency hemp edible to an individual who is under 21 years of age;
(2) permit an individual who is
under 21 years of age to enter the premises;
(3) sell more than one single serving of
an edible cannabis product or a lower-potency hemp edible to a customer;
(4) sell an edible cannabis product or a
lower-potency hemp edible to a person who is visibly intoxicated;
(5) sell or allow the sale or
consumption of alcohol or tobacco on the premises;
(6) sell products that are intended to
be eaten or consumed as a drink, other than packaged and labeled edible
cannabis products and lower-potency hemp edibles, that contain cannabis flower
or hemp plant parts or are infused with cannabis concentrate, hemp concentrate,
or artificially derived cannabinoids;
(7) permit edible cannabis products or
lower-potency hemp edibles sold in the portion of the area designated for
on-site consumption to be removed from that area;
(8) permit adult-use cannabis flower,
adult-use cannabis products, hemp-derived consumer products, or tobacco to be
consumed through smoking or a vaporized delivery method on the premises; or
(9) distribute or allow free samples of
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products.
Sec. 29. [342.29]
CANNABIS MEZZOBUSINESS LICENSING AND OPERATIONS.
Subdivision 1. Authorized
actions. A cannabis
mezzobusiness license, consistent with the specific license endorsement or
endorsements, entitles the license holder to perform any or all of the
following within the limits established by this section:
(1) grow cannabis plants from seed or
immature plant to mature plant and harvest cannabis flower from a mature plant;
(2) make cannabis concentrate;
(3) make hemp concentrate, including
hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than
0.3 percent as measured by weight;
(4) manufacture artificially derived
cannabinoids;
(5) manufacture adult-use cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products for
public consumption;
(6) purchase immature cannabis plants
and seedlings, cannabis flower, and hemp plant parts from a cannabis
microbusiness, another cannabis mezzobusiness, a cannabis manufacturer, a
cannabis wholesaler, or an industrial hemp grower;
(7) purchase cannabis concentrate, hemp
concentrate, and artificially derived cannabinoids from a cannabis
microbusiness, another cannabis mezzobusiness, a cannabis manufacturer, a
cannabis wholesaler, or a licensed hemp grower for use in manufacturing adult-use
cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products;
(8) package and label adult-use cannabis
flower, adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for sale to customers;
(9) sell immature cannabis
plants and seedlings, adult-use cannabis flower, adult-use cannabis products,
lower‑potency hemp edibles, hemp-derived consumer products, and other
products authorized by law to other cannabis businesses and to customers; and
(10) perform other actions approved by
the office.
Subd. 2. Size
limitations. (a) A cannabis mezzobusiness
that cultivates cannabis at an indoor facility may cultivate up to 5,000 square
feet of plant canopy unless the office, by rule, increases that limit. The office may, by rule, increase the limit
on plant canopy to no more than 15,000 cubic feet if the office determines that
expansion is consistent with the goals identified in section 342.02,
subdivision 1. Limitations on plant
canopy apply to the area in which mature, flowering plants are cultivated. A cannabis mezzobusiness may not operate
multiple tiers of cultivation unless authorized by the office.
(b) A cannabis mezzobusiness that
cultivates cannabis at an outdoor location may cultivate up to one acre of
mature, flowering plants unless the office, by rule, increases that limit. The office may, by rule, 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.
(c) The office shall, by rule,
establish a limit on the manufacturing of cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products a cannabis mezzobusiness that
manufactures such products may perform. The
limit must be equivalent to the amount of cannabis flower that can be harvested
from a facility with a plant canopy of 5,000 square feet in a year but may be
increased to the amount that can be harvested from a facility with up to 15,000 cubic feet of plant canopy if
the office expands the allowable area of cultivation under paragraph (a).
(d) A cannabis mezzobusiness with the
appropriate endorsement may operate up to three retail locations.
Subd. 3. Additional
information required. 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 cannabis mezzobusiness license must submit
the following information in a form approved by the office:
(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 cannabis businesses and
individuals under 21 years of age;
(2) if the applicant is seeking an
endorsement to cultivate cannabis plants and harvest cannabis 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;
(3) if the applicant is seeking an
endorsement to create cannabis 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
(4) evidence that the applicant will
comply with the applicable operation requirements for the license being sought.
Subd. 4. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis mezzobusiness license may
also hold a cannabis event organizer license.
(b) Except as provided in
paragraph (a), no person, cooperative, or business holding a cannabis
mezzobusiness license may own or operate any other cannabis business or hemp
business or hold more than one cannabis mezzobusiness license.
(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 cannabis business.
Subd. 5. Cultivation
endorsement. A cannabis
mezzobusiness that cultivates cannabis plants and harvests cannabis flower must
comply with the requirements in section 342.25.
Subd. 6. Extraction
and concentration endorsement. A
cannabis mezzobusiness that creates cannabis concentrate must comply with the
requirements in section 342.26, subdivisions 2 and 3.
Subd. 7. Production
of customer products endorsement. A
cannabis mezzobusiness that manufacturers edible cannabis products,
lower-potency hemp products, or hemp-derived consumer products must comply with
the requirements in section 342.26, subdivisions 2 and 4.
Subd. 8. Retail
operations endorsement. A
cannabis mezzobusiness that operates a retail location must comply with the
requirements in section 342.27.
Sec. 30. [342.30]
CANNABIS CULTIVATOR LICENSING AND OPERATIONS.
Subdivision 1. Authorized
actions. A cannabis
cultivator license entitles the license holder to grow cannabis plants within
the approved amount of space from seed or immature plant to mature plant,
harvest cannabis flower from a mature plant, package and label immature
cannabis plants and seedlings and cannabis flower for sale to other cannabis
businesses, transport cannabis flower to a cannabis manufacturer located on the
same premises, and perform other actions approved by the office.
Subd. 2. Size
limitations. (a) A cannabis
cultivator that cultivates cannabis at an indoor facility may cultivate up to
15,000 square feet of plant canopy unless the office, by rule, increases that
limit. The office may, by rule, increase
the limit on plant canopy to no more than 30,000 cubic feet if the office
determines that expansion is consistent with the goals identified in section
342.02, subdivision 1. Limitations on
plant canopy apply to the area in which mature, flowering plants are cultivated. A cannabis cultivator may not operate
multiple tiers of cultivation unless authorized by the office.
(b) A cannabis cultivator that
cultivates cannabis at an outdoor location may cultivate up to two acres of
mature, flowering plants unless the office, by rule, increases that limit. The office may, by rule, 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.
Subd. 3. Additional
information required. 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 cannabis cultivator license must submit the
following information in a form approved by the office:
(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;
(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
(3) evidence that the business will
comply with the applicable operation requirements for the license being sought.
Subd. 4. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis cultivator license may also
hold a cannabis manufacturing license, medical cannabis cultivator license,
medical cannabis producer license, license to grow industrial hemp, and
cannabis event organizer license.
(b) Except as provided in paragraph (a),
no person, cooperative, or business holding a cannabis cultivator license may
own or operate any other cannabis business or hemp business. This prohibition does not prevent the
transportation of cannabis flower from a cannabis cultivator to a cannabis
manufacturer licensed to the same person, cooperative, or business and located
on the same premises.
(c) The office by rule may limit the
number of cannabis cultivator licenses a person, cooperative, or business may
hold.
(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
cannabis business.
Subd. 5. Cultivation
operations. A cannabis
cultivator must comply with the requirements in section 342.25.
Sec. 31. [342.31]
CANNABIS MANUFACTURER LICENSING AND OPERATIONS.
Subdivision 1. Authorized
actions. A cannabis
manufacturer license, consistent with the specific license endorsement or
endorsements, entitles the license holder to:
(1) purchase cannabis flower, cannabis
products, hemp plant parts, hemp concentrate, and artificially derived
cannabinoids from a cannabis microbusiness, a cannabis mezzobusiness, a
cannabis cultivator, another cannabis manufacturer, a cannabis wholesaler, or
an industrial hemp grower;
(2) accept cannabis flower from
unlicensed persons who are at least 21 years of age provided that the cannabis
manufacturer does not accept more than two ounces from an individual on a
single occasion;
(3) make cannabis concentrate;
(4) make hemp concentrate, including
hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than
0.3 percent as measured by weight;
(5) manufacture artificially derived
cannabinoids;
(6) manufacture adult-use cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products for
public consumption;
(7) package and label adult-use cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products for
sale to customers;
(8) sell cannabis concentrate, hemp
concentrate, artificially derived cannabinoids, cannabis products, lower‑potency
hemp edibles, and hemp-derived consumer products to other cannabis businesses;
and
(9) perform other actions approved by
the office.
Subd. 2. Size
limitations. The office
shall, by rule, establish a limit on the manufacturing of cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products a cannabis
manufacturer may perform. The limit must
be equivalent to the amount of cannabis flower that can be harvested from a
facility with a plant canopy of 15,000 square feet in a year, but may be
increased to the amount that can be harvested from a facility with up to 30,000
cubic feet of plant canopy if the office expands the allowable area of
cultivation under section 342.30, subdivision 2.
Subd. 3. Additional
information required. 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 cannabis manufacturer license must submit
the following information in a form approved by the office:
(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
(2) evidence that the business will
comply with the applicable operation requirements for the endorsement being
sought.
Subd. 4. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis manufacturer license may
also hold a cannabis cultivator license, a medical cannabis cultivator license,
a medical cannabis processor license, and a cannabis event organizer license.
(b) Except as provided in paragraph
(a), no person, cooperative, or business holding a cannabis manufacturer
license may own or operate any other cannabis business or hemp business. This prohibition does not prevent
transportation of cannabis flower from a cannabis cultivator to a cannabis
manufacturer licensed to the same person, cooperative, or business and located
on the same premises.
(c)
The office by rule may limit the number of cannabis manufacturer licenses that
a person or business may hold.
(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 cannabis business.
Subd. 5. Cultivation
operations. A cannabis
manufacturer must comply with the requirements in section 342.26.
Sec. 32. [342.32]
CANNABIS RETAILER LICENSING AND OPERATIONS.
Subdivision 1. Authorized
actions. A cannabis retailer
license entitles the license holder to:
(1) purchase immature cannabis plants
and seedlings, cannabis flower, cannabis products, lower-potency hemp edibles,
and hemp-derived consumer products from cannabis microbusinesses, cannabis
mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis
wholesalers, and industrial hemp growers;
(2) sell immature cannabis plants and
seedlings, adult-use cannabis flower, adult-use cannabis products, lower‑potency hemp edibles, hemp-derived
consumer products, and other products authorized by law to customers; and
(3) perform other actions approved by
the office.
Subd. 2. Size
limitations. A cannabis
retailer may operate up to five retail locations.
Subd. 3. Additional
information required. 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 cannabis retail license must submit the
following information in a form approved by the office:
(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 cannabis business;
(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 cannabis flower, cannabinoid products, and
hemp-derived consumer products to individuals outside the retail location; and
(3) evidence that the business will
comply with the applicable operation requirements for the license being sought.
Subd. 4. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis retailer license may also
hold a cannabis delivery service license, a medical cannabis retailer license,
and a cannabis event organizer license.
(b) Except as provided in paragraph (a),
no person, cooperative, or business holding a cannabis retailer license may own
or operate any other cannabis business or hemp business.
(c) No person, cooperative, or business
may hold a license to own or operate more than one cannabis retail business in
one city or county.
(d)
The office by rule may limit the number of cannabis retailer licenses a person,
cooperative, or business may hold.
(e) For purposes of this subdivision, a
restriction on the number or type of license a business may hold applies to
every cooperative member or every director, manager, and general partner of a
cannabis business.
Subd. 5. Municipal
or county cannabis store. A
city or county may establish, own, and operate a municipal cannabis store
subject to the restrictions in this chapter.
Sec. 33. [342.33]
CANNABIS WHOLESALER LICENSING.
Subdivision 1. Authorized
actions. A cannabis
wholesaler license entitles the license holder to:
(1) purchase immature cannabis plants
and seedlings, cannabis flower, cannabis products, lower-potency hemp edibles,
and hemp-derived consumer products from cannabis microbusinesses, cannabis
mezzobusinesses, cannabis cultivators, cannabis manufacturers, lower-potency
hemp edible manufacturers, and industrial hemp growers;
(2) sell immature cannabis plants and
seedlings, cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products to cannabis microbusinesses, cannabis
mezzobusinesses, cannabis manufacturers, and cannabis retailers;
(3) sell lower-potency hemp edibles to
lower-potency hemp edible retailers;
(4) import lower-potency hemp edibles
and hemp-derived consumer products that contain hemp concentrate or
artificially derived cannabinoids that are derived from hemp plants or hemp
plant parts; and
(5) perform other actions approved by
the office.
Subd. 2. Additional
information required. 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 cannabis wholesaler license must submit the
following information in a form approved by the office:
(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 cannabis
businesses; and
(2) evidence that the business will
comply with the applicable operation requirements for the license being sought.
Subd. 3. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis wholesaler license may also
hold a cannabis transporter license, a cannabis delivery service license, and a
cannabis event organizer license.
(b) Except as provided in paragraph
(a), no person, cooperative, or business holding a cannabis wholesaler license
may own or operate any other cannabis business or hemp business.
(c) The office by rule may limit the
number of cannabis wholesaler licenses a person or business may hold.
(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
cannabis business.
Sec. 34. [342.34]
CANNABIS WHOLESALER OPERATIONS.
Subdivision 1. Separation
of products. A cannabis
wholesaler must ensure that cannabis plants, cannabis flower, and cannabis
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.
Subd. 2. Records
and labels. A cannabis
wholesaler must maintain accurate records and ensure that appropriate labels
remain affixed to cannabis plants, cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products.
Subd. 3. Building
conditions. (a) A cannabis
wholesaler shall maintain compliance with state and local building, fire, and
zoning requirements or regulations.
(b) A cannabis wholesaler shall ensure
that the licensed premises is maintained in a clean and sanitary condition,
free from infestation by insects, rodents, or other pests.
Subd. 4. Sale
of other products. A cannabis
wholesaler may purchase and sell other products or items for which the cannabis
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 cannabis paraphernalia, including but not limited to childproof packaging
containers and other devices designed to ensure the safe storage and monitoring
of cannabis flower and cannabis products in the home to prevent access by
individuals under 21 years of age.
Subd. 5. Importation
of hemp-derived products. (a)
A cannabis wholesaler that imports 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 products to a cannabis microbusiness,
cannabis mezzobusiness, cannabis retailer, or lower‑potency hemp edible
retailer must obtain a hemp-derived product importer endorsement from the
office.
(b) A cannabis wholesaler with a
hemp-derived product importer endorsement may sell products manufactured
outside the boundaries of the state of Minnesota if:
(1) the manufacturer is licensed in
another jurisdiction and subject to regulations designed to protect the health
and safety of consumers that the office determines are substantially similar to
the regulations in this state; or
(2) the cannabis wholesaler
establishes, to the satisfaction of the office, that the manufacturer engages
in practices that are substantially similar to the practices required for
licensure of manufacturers in this state.
(c) The cannabis wholesaler
must enter all relevant information regarding an imported hemp-derived consumer
product into the statewide monitoring system before the product may be
distributed. Relevant information
includes information regarding the cultivation, processing, and testing of the
industrial hemp used in the manufacture of the product and information
regarding the testing of the hemp-derived consumer product. If information regarding the industrial hemp
or hemp-derived consumer product was submitted to a statewide monitoring system
used in another state, the office may require submission of any information
provided to that statewide monitoring system and shall assist in the transfer
of data from another state as needed and in compliance with any data
classification established by either state.
(d) The office may suspend, revoke, or
cancel the endorsement of a distributor who is prohibited from distributing
products containing cannabinoids in any other jurisdiction, convicted of an
offense involving the distribution of products containing cannabinoids in any
other jurisdiction, or found liable for distributing any product that injured
customers in any other jurisdiction. A
cannabis wholesaler shall disclose all relevant information related to actions
in another jurisdiction. Failure to
disclose relevant information may result in disciplinary action by the office,
including the suspension, revocation, or cancellation of an endorsement or
license.
(e) Notwithstanding any law to the
contrary, it shall not be a defense in any civil or criminal action that a
licensed wholesaler relied on information on a product label or otherwise
provided by a manufacturer who is not licensed in this state.
Sec. 35. [342.35]
CANNABIS TRANSPORTER LICENSING.
Subdivision 1. Authorized
actions. A cannabis
transporter license entitles the license holder to transport immature cannabis
plants and seedlings, cannabis flower, cannabis products, artificially derived
cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles,
and hemp-derived consumer products from cannabis microbusinesses, cannabis
mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis
wholesalers, lower-potency hemp edible manufacturers, medical cannabis
retailers, medical cannabis processors, and industrial hemp growers to cannabis
microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, cannabis
testing facilities, cannabis wholesalers, cannabis retailers, lower-potency
hemp edible retailers, medical cannabis processors, and medical cannabis
retailers and perform other actions approved by the office.
Subd. 2. Additional
information required. 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 cannabis transporter license must submit the
following information in a form approved by the office:
(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;
(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;
(3) the number and type of equipment the
business will use to transport immature cannabis plants and seedlings, cannabis
flower, cannabis products, artificially derived cannabinoids, hemp plant parts,
hemp concentrate, lower‑potency hemp edibles, and hemp-derived consumer
products;
(4) a loading, transporting, and
unloading plan;
(5) a description of the applicant's
experience in the distribution or security business; and
(6) evidence that the business will
comply with the applicable operation requirements for the license being sought.
Subd. 3. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis transporter license may
also hold a cannabis wholesaler license, a cannabis delivery service license,
and a cannabis event organizer license.
(b) Except as provided in paragraph (a),
no person, cooperative, or business holding a cannabis transporter license may
own or operate any other cannabis business.
(c) The office by rule may limit the
number of cannabis transporter licenses a person or business may hold.
(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
cannabis business.
Sec. 36. [342.36]
CANNABIS TRANSPORTER OPERATIONS.
Subdivision 1. Manifest
required. Before transporting
immature cannabis plants and seedlings, cannabis flower, cannabis products,
artificially derived cannabinoids, hemp plant parts, hemp concentrate,
lower-potency hemp edibles, or hemp-derived consumer products, a cannabis
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 cannabis transporter must maintain a copy of
the manifest in its records.
Subd. 2. Records
of transportation. Records of
transportation must be kept for a minimum of three years at the cannabis
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:
(1) copies of transportation manifests
for all deliveries;
(2) a transportation log documenting the
chain of custody for each delivery, including every employee and vehicle used
during transportation; and
(3) financial records showing payment
for transportation services.
Subd. 3. Storage
compartment. Immature
cannabis plants and seedlings, cannabis flower, cannabis 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.
Subd. 4. Identifying
logos or business names prohibited. No
vehicle or trailer may contain an image depicting the types of items being
transported, including but not limited to an image depicting a cannabis or hemp
leaf, or a name suggesting that the vehicle is used in transporting immature
cannabis plants and seedlings, cannabis flower, cannabis products, artificially
derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp
edibles, or hemp-derived consumer products.
Subd. 5. Randomized
deliveries. A cannabis
transporter shall ensure that all delivery times and routes are randomized.
Subd. 6. Multiple
employees. All cannabis
transporter vehicles transporting immature cannabis plants and seedlings,
cannabis flower, cannabis products, artificially derived cannabinoids, hemp
plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived
consumer products must be 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 cannabis plants and seedlings, cannabis flower, cannabis products,
artificially derived cannabinoids, hemp plant parts, hemp concentrate,
lower-potency hemp edibles, or hemp-derived consumer products.
Subd. 7. Nonemployee
passengers prohibited. Only a
cannabis worker employed by or contracted with the cannabis transporter and who
is at least 21 years of age may transport immature cannabis plants and
seedlings, cannabis flower, cannabis products, artificially derived
cannabinoids, hemp plant parts, hemp concentrate, lower‑potency hemp
edibles, or hemp-derived consumer products.
All passengers in a vehicle must be cannabis workers employed by or
contracted with the cannabis transporter.
Subd. 8. Drivers
license required. All drivers
must carry a valid driver's license with the proper endorsements when operating
a vehicle transporting immature cannabis plants and seedlings, cannabis flower,
cannabis products, artificially derived cannabinoids, hemp plant parts, hemp
concentrate, lower-potency hemp edibles, or hemp-derived consumer products.
Subd. 9. Vehicles
subject to inspection. Any
vehicle assigned for the purposes of transporting immature cannabis plants and
seedlings, cannabis flower, cannabis products, artificially derived
cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles,
or hemp-derived consumer products is subject to inspection and may be stopped
or inspected at any licensed cannabis business or while en route during
transportation.
Sec. 37. [342.37]
CANNABIS TESTING FACILITY LICENSING.
Subdivision 1. Authorized
actions. A cannabis testing
facility license entitles the license holder to obtain and test immature
cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant
parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp
edibles, and hemp-derived consumer products from cannabis microbusinesses,
cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers,
cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis
cultivators, medical cannabis processors, and industrial hemp growers.
Subd. 2. Additional
information required. 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 cannabis testing facility license must
submit the following information in a form approved by the office:
(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;
(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
(3) evidence that the business will
comply with the applicable operation requirements for the license being sought.
Subd. 3. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis testing facility license
may not own or operate, or be employed by, any other cannabis business or hemp
business.
(b) The office by rule may limit the
number of cannabis testing facility licenses a person or business may hold.
(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
cannabis business.
Sec. 38. [342.38]
CANNABIS TESTING FACILITY OPERATIONS.
Subdivision 1. Testing
services. A cannabis testing
facility shall provide some or all testing services required under section
342.61 and rules adopted pursuant to that section.
Subd. 2. Testing
protocols. A cannabis testing
facility shall follow all testing protocols, standards, and criteria adopted by
rule by the office for the testing of different forms of cannabis plants and
seedlings, cannabis flower, cannabis 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.
Subd. 3. Records. 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 cannabis testing facility's place of business and
are subject to inspection upon request by the office or law enforcement agency.
Subd. 4. Disposal
of cannabis flower and products. A
testing facility shall dispose of or destroy used, unused, and waste cannabis
plants and seedlings, cannabis flower, cannabis 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.
Sec. 39. [342.39]
CANNABIS EVENT ORGANIZER LICENSING.
Subdivision 1. Authorized
actions. A cannabis event
organizer license entitles the license holder to organize a temporary cannabis
event lasting no more than four days.
Subd. 2. Additional
information required. (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 cannabis event organizer license must submit
the following information in a form approved by the office:
(1) the type and number of any other
cannabis business license held by the applicant;
(2) the address and location where the
temporary cannabis event will take place;
(3) the name of the temporary cannabis
event;
(4) a diagram of the physical layout of
the temporary cannabis 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 cannabis consumption areas, all cannabis retail areas where cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp‑derived
consumer products will be sold, the location where cannabis waste will be
stored, and any location where cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products will be stored;
(5) a list of the name, number, and type
of cannabis businesses and hemp businesses that will sell cannabis plants,
adult-use cannabis flower, adult-use cannabis 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 cannabis event
begins;
(6) the dates and hours during which the
cannabis event will take place;
(7) proof of local approval for the
cannabis event; and
(8) evidence that the business will
comply with the applicable operation requirements for the license being sought.
(b) A person, cooperative, or business
seeking a cannabis event organizer license may also disclose whether the person
or any officer, director, manager, and general partner of a cannabis business
is serving or has previously served in the military.
Subd. 3. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis event organizer license may
not hold a cannabis testing facility license, a lower-potency hemp edible
manufacturer license, or a lower-potency hemp edible retailer license.
(b) The office by rule may limit the
number of cannabis event licenses that a person or business may hold.
(c) For purposes of this subdivision,
restrictions on the number or type of license that a business may hold apply to
every cooperative member or every director, manager, and general partner of a
cannabis business.
Sec. 40. [342.40]
CANNABIS EVENT ORGANIZER OPERATIONS.
Subdivision 1. Local
approval. A cannabis event
organizer must receive local approval, including obtaining any necessary
permits or licenses issued by a local unit of government, before holding a
cannabis event.
Subd. 2. Charging
fees. (a) A cannabis event organizer
may charge an entrance fee to a cannabis event.
(b) A cannabis event organizer may
charge a fee to a cannabis business or hemp business in exchange for space to
display and sell cannabis plants, adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products. Any fee paid for participation in a cannabis
event shall not be based on or tied to the sale of cannabis plants, adult-use
cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products.
Subd. 3. Security. A cannabis event organizer must hire
or contract for licensed security personnel to provide security services at the
cannabis 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 cannabis plants, adult-use cannabis
flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products are available for sale or consumption of adult-use cannabis
flower, adult-use cannabis products, lower-potency hemp edibles, or hemp‑derived
consumer products is allowed. The
security personnel shall not consume cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products for at least 24
hours before the event or during the event.
Subd. 4. Limited
access to event. A cannabis
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 cannabis flower, adult-use cannabis products, lower-potency hemp
edibles, or hemp‑derived consumer products is allowed, a cannabis 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.
Subd. 5. Cannabis
waste. A cannabis event
organizer shall ensure that all used, unused, and waste cannabis plants,
adult-use cannabis flower, adult-use cannabis products, lower-potency hemp
edibles, and hemp-derived consumer products that are not removed by a customer,
cannabis business, or hemp business are disposed of in a manner approved by the
office.
Subd. 6. Transportation
of cannabis plants, flower, and products.
All transportation of cannabis plants, adult-use cannabis flower,
adult-use cannabis 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 cannabis event must be transported to and from
the cannabis event by a licensed cannabis transporter.
Subd. 7. Cannabis
event sales. (a) Cannabis
microbusinesses with a retail endorsement, cannabis mezzobusinesses with a
retail endorsement, cannabis retailers, and lower-potency hemp edible
retailers, including the cannabis event organizer, may be authorized to sell
cannabis plants, adult-use cannabis flower, adult-use cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products to customers at
a cannabis event.
(b) All sales of cannabis
plants, adult-use cannabis flower, adult-use cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products at a cannabis event must take
place in a retail area as designated in the premises diagram.
(c) Authorized retailers may only
conduct sales within their specifically assigned area.
(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 cannabis plants, adult-use cannabis flower,
adult-use cannabis products, lower‑potency hemp edibles, or hemp-derived
consumer products to an individual under 21 years of age.
(e) Authorized retailers may display
one sample of each type of cannabis plant, adult-use cannabis flower, adult‑use
cannabis product, lower-potency hemp edible, and hemp-derived consumer product
available for sale. Samples of adult-use
cannabis and adult-use cannabis 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 cannabis
flower and adult-use cannabis products sold to customers. A sample may not consist of more than eight
grams of adult-use cannabis flower or adult-use cannabis concentrate, or an
edible cannabis product infused with more than 100 milligrams of
tetrahydrocannabinol. A cannabis
retailer may allow customers to smell the adult-use cannabis flower or
adult-use cannabis product before purchase.
(f) The notice requirements under
section 342.27, subdivision 6, apply to authorized retailers offering cannabis
plants, adult-use cannabis flower, adult-use cannabinoid products, and
hemp-derived consumer products for sale at a cannabis event.
(g) Authorized retailers may not:
(1) sell adult-use cannabis flower,
adult-use cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products to a person who is visibly intoxicated;
(2) knowingly sell more cannabis
plants, adult-use cannabis flower, adult-use cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products than a customer is legally
permitted to possess;
(3) sell medical cannabis flower or
medical cannabinoid products;
(4) give away cannabis plants, cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp‑derived
consumer products; or
(5) allow for the dispensing of
cannabis plants, cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products in vending machines.
(h) Except for samples of a cannabis
plant, adult-use cannabis flower, adult-use cannabis product, lower-potency
hemp edible, and hemp-derived consumer product, all cannabis plants, adult-use
cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for sale at a cannabis event must be stored in a
secure, locked container that is not accessible to the public. Such items being stored at a cannabis event
shall not be left unattended.
(i) All cannabis plants, adult-use
cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products for sale at a cannabis event must comply with
this chapter and rules adopted pursuant to this chapter regarding the testing,
packaging, and labeling of those items.
(j) All cannabis plants, adult-use
cannabis flower, and adult-use cannabis products sold, damaged, or destroyed at
a cannabis event must be recorded in the statewide monitoring system.
Subd. 8. Cannabis
event on-site consumption. (a)
If approved by the local unit of government, a cannabis event may designate an
area for consumption of adult-use cannabis flower, adult-use cannabis products,
lower‑potency hemp edibles, hemp-derived consumer products, or any
combination of those items.
(b) Access to areas where consumption of
adult-use cannabis flower, adult-use cannabis 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.
(c) The cannabis event organizer shall
ensure that consumption of adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products within
a designated consumption area is not visible from any public place.
(d) The cannabis event organizer shall
not permit consumption of alcohol or tobacco.
Sec. 41. [342.41]
CANNABIS DELIVERY SERVICE LICENSING.
Subdivision 1. Authorized
actions. A cannabis delivery
service license entitles the license holder to purchase cannabis flower,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products from licensed cannabis microbusinesses with a retail endorsement,
cannabis mezzobusinesses with a retail endorsement, cannabis retailers, and
medical cannabis retailers; transport and deliver cannabis flower, cannabis
products, lower‑potency hemp edibles, and hemp-derived consumable
products to customers; and perform other actions approved by the office.
Subd. 2. Additional
information required. 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 cannabis delivery service license must
submit the following information in a form approved by the office:
(1) a list of all vehicles to be used in
the delivery of cannabis flower, cannabis products, lower-potency hemp edibles,
and hemp-derived consumer products including:
(i) the vehicle make, model, and color;
(ii) the vehicle identification number;
and
(iii) the license plate number;
(2) proof of insurance for each vehicle;
(3) a business plan demonstrating
policies to avoid sales of cannabis flower, cannabis 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 cannabis flower,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products to individuals outside the delivery vehicle; and
(4) evidence that the business will
comply with the applicable operation requirements for the license being sought.
Subd. 3. Multiple
licenses; limits. (a) A
person, cooperative, or business holding a cannabis delivery service license
may also hold a cannabis retailer license, a cannabis wholesaler license, a
cannabis transporter license, a cannabis event organizer license, and a medical
cannabis retailer license subject to the ownership limitations that apply to
those licenses.
(b) Except as provided in paragraph (a),
no person, cooperative, or business holding a cannabis delivery service license
may own or operate any other cannabis business or hemp business.
(c) The office by rule may
limit the number of cannabis delivery service licenses that a person or
business may hold.
(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 cannabis business.
Sec. 42. [342.42]
CANNABIS DELIVERY SERVICE OPERATIONS.
Subdivision 1. Age
or registry verification. Prior
to completing a delivery, a cannabis 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 Cannabis may be considered evidence that the
person is enrolled in the registry program.
Subd. 2. Records. The office by rule shall establish
record-keeping requirements for a cannabis 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.
Subd. 3. Amount
to be transported. The office
by rule shall establish limits on the amount of cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products that a
cannabis delivery service may transport.
Subd. 4. Statewide
monitoring system. Receipt of
cannabis flower and cannabis products by the cannabis delivery service and a
delivery to a customer must be recorded in the statewide monitoring system
within the time established by rule.
Subd. 5. Storage
compartment. Cannabis flower,
cannabis 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 cannabis delivery service vehicle or in a locked storage
container that has a separate key or combination pad. Cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products may not be
visible from outside the cannabis delivery service vehicle.
Subd. 6. Identifying
logos or business names prohibited. No
cannabis 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 cannabis or hemp leaf, or a name suggesting that the cannabis
delivery service vehicle is used for transporting cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products.
Subd. 7. Nonemployee
passengers prohibited. Only a
cannabis worker employed by or contracted with the cannabis delivery service
and who is at least 21 years of age may transport cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products. All passengers in a cannabis delivery service
vehicle must be cannabis workers employed by or contracted with the cannabis
delivery service.
Subd. 8. Vehicles
subject to inspection. Any
cannabis delivery service vehicle is subject to inspection and may be stopped
or inspected at any licensed cannabis business or while en route during
transportation.
Sec. 43. [342.43]
HEMP BUSINESS LICENSE TYPES; MULTIPLE LICENSES.
Subdivision 1. License
types. The office shall issue
the following types of hemp business licenses:
(1) lower-potency hemp edible
manufacturer; and
(2) lower-potency hemp edible retailer.
Subd. 2. Multiple
licenses; limits. (a) A
person, cooperative, or business may hold both a lower-potency hemp edible
manufacturer and lower-potency hemp edible retailer license.
(b) Nothing in this section prohibits a
person, cooperative, or business from holding a lower-potency hemp edible
manufacturer license, a lower-potency hemp edible retailer license, or both,
and also holding a license to cultivate industrial hemp issued pursuant to
chapter 18K.
(c) Nothing in this section prohibits a
person, cooperative, or business from holding a lower-potency hemp edible
manufacturer license, 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.
(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 cannabis business
license.
Sec. 44. [342.44]
HEMP BUSINESS LICENSES; APPLICATIONS AND ISSUANCE.
Subdivision 1. Application;
contents. (a) Except as
otherwise provided in this subdivision, the provisions of this chapter relating
to license applications, license selection criteria, general ownership
disqualifications and requirements, and general operational requirements do not
apply to hemp businesses.
(b) The 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:
(1) the name, address, and date of birth
of the applicant;
(2) the address and legal property
description of the business;
(3) proof of trade name registration;
(4) certification that the applicant
will comply with the requirements of this chapter relating to the ownership and
operation of a hemp business;
(5) identification of one or more
controlling persons or managerial employees as agents who shall be responsible
for dealing with the office on all matters; and
(6) a statement that the applicant
agrees to respond to the office's supplemental requests for information.
(c) An application on behalf of a
corporation or association shall be signed by at least two officers or managing
agents of that entity.
Subd. 2. Issuance; eligibility; prohibition on
transfer. (a) The office may
issue a hemp license to an applicant who:
(1) is at least 21 years of age;
(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;
(3) has paid the applicable application
and license fees pursuant to section 342.11;
(4) is not employed by the office or any
state agency with regulatory authority over this chapter; and
(5) does not hold any cannabis
business license.
(b) Licenses must be renewed annually.
(c) Licenses may not be transferred.
Sec. 45. [342.45]
LOWER-POTENCY HEMP EDIBLE MANUFACTURER.
Subdivision 1. Authorized
actions. A lower-potency hemp
edible manufacturer license entitles the license holder to:
(1) purchase hemp plant parts, hemp
concentrate, and artificially derived cannabinoids from cannabis
microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, cannabis
wholesalers, other lower-potency hemp edible manufacturers, and industrial hemp
growers;
(2) make hemp concentrate;
(3) manufacture artificially derived
cannabinoids;
(4) manufacture lower-potency hemp
edibles for public consumption;
(5) package and label lower-potency
hemp edibles for sale to customers;
(6) sell hemp concentrate, artificially
derived cannabinoids, and lower-potency hemp edibles to other cannabis
businesses and hemp businesses; and
(7) perform other actions approved by
the office.
Subd. 2. All
manufacturer operations. (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.
(b) A lower-potency hemp edible
manufacturer must comply with all applicable packaging, labeling, and testing
requirements.
Subd. 3. Extraction
and concentration. (a) A
lower-potency hemp edible manufacturer that creates hemp concentrate or
artificially derived cannabinoids must obtain an endorsement from the office.
(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.
(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.
(d) A lower-potency hemp edible
manufacturer must obtain a certification from an independent third-party
industrial hygienist or professional engineer approving:
(1) all electrical, gas, fire
suppression, and exhaust systems; and
(2) the plan for safe storage and
disposal of hazardous substances, including but not limited to any volatile
chemicals.
(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.
Subd. 4. Production
of consumer products. (a) A
lower-potency hemp edible manufacturer that produces lower-potency hemp edibles
must obtain an edible cannabinoid product handler endorsement from the office.
(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.
(c) A lower-potency hemp edible
manufacturer may only add chemicals or compounds approved by the office to hemp
concentrate or artificially derived cannabinoids.
(d) Upon the sale of any lower-potency
hemp edible to a cannabis 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.
(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.
(f) A lower-potency hemp edible
manufacturer shall not add any cannabis flower, cannabis concentrate, or
cannabinoid derived from cannabis flower or cannabis concentrate to a product.
Subd. 5. Transportation
of hemp concentrate, artificially derived cannabinoids, and lower-potency hemp
edibles. (a) A lower-potency
hemp edible manufacturer may transport hemp concentrate, artificially derived
cannabinoids, and lower-potency hemp edibles on public roadways provided:
(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;
(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;
(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;
(4) the transporting vehicle
does not bear any markings to indicate that the vehicle contains artificially
derived cannabinoids, hemp concentrate, or lower-potency hemp edibles and does
not bear the name or logo of the lower‑potency hemp edible manufacturer;
(5) all departures, arrivals, and stops
are appropriately documented;
(6) at least two designated employees
staff any vehicle used to transport artificially derived cannabinoids, hemp
concentrate, or lower-potency hemp edibles and at least one employee remains
with the vehicle at all times that the vehicle is transporting artificially
derived cannabinoids, hemp concentrate, or lower-potency hemp edibles;
(7) 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
(8) the lower-potency hemp edible
manufacturer complies with any other rules adopted by the office.
(b) Any vehicle assigned for the
purposes of transporting artificially derived cannabinoids, hemp concentrate,
or lower-potency hemp edibles is subject to inspection and may be stopped or
inspected at any point of delivery or while en route during transportation.
Sec. 46. [342.46]
LOWER-POTENCY HEMP EDIBLE RETAILER.
Subdivision 1. Sale
of lower-potency hemp edibles. (a)
A lower-potency hemp edible retailer may sell lower‑potency hemp edibles
to individuals who are at least 21 years of age.
(b) A lower-potency hemp edible retailer
may sell lower-potency hemp edibles that:
(1) are obtained from a licensed
Minnesota cannabis microbusiness, cannabis mezzobusiness, cannabis
manufacturer, cannabis wholesaler, or lower-potency hemp edible manufacturer;
and
(2) meet all applicable packaging and
labeling requirements.
Subd. 2. Sale
of other products. 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.
Subd. 3. Age
verification. 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.
Subd. 4. Display
and storage of lower-potency hemp edibles.
A lower-potency hemp edible retailer shall ensure that all
lower-potency hemp edibles are displayed behind a checkout counter where the
public is not permitted. All
lower-potency hemp edibles that are not displayed must be stored in a secure
area.
Subd. 5. Transportation
of lower-potency hemp edibles. (a)
A lower-potency hemp edible retailer may transport lower-potency hemp edibles
on public roadways provided:
(1) the lower-potency hemp edibles are
in final packaging;
(2) the lower-potency hemp edibles are
packaged in tamper-evident containers that are not visible or recognizable from
outside the transporting vehicle;
(3) the lower-potency hemp edible
retailer has a shipping manifest in the lower-potency hemp edible retailer's
possession that describes the contents of all tamper-evident containers;
(4) the transporting vehicle
does not bear any markings to indicate that the vehicle contains lower-potency
hemp edibles and does not bear the name or logo of the lower-potency hemp
edible retailer;
(5) all departures, arrivals, and stops
are appropriately documented;
(6) at least two designated employees
staff any vehicle used to transport lower-potency hemp edibles and at least one
employee remains with the vehicle at all times that the vehicle is transporting
lower-potency hemp edibles;
(7) no person other than a designated
employee enters a vehicle at any time that the vehicle is transporting
lower-potency hemp edibles; and
(8) the lower-potency hemp edible
retailer complies with any other rules adopted by the office.
(b) Any vehicle assigned for the
purposes of transporting lower-potency hemp edibles is subject to inspection
and may be stopped or inspected at any point of delivery or while en route
during transportation.
Subd. 6. Compliant
products. (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:
(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;
(2) do not contain more than a combined
total of 0.5 milligrams of all other cannabinoids per serving; and
(3) do not contain an artificially
derived cannabinoid other than delta-9 tetrahydrocannabinol.
(b) If a lower-potency hemp edible is
packaged in a manner that includes more than a single serving, the lower‑potency
edible product must indicate each serving by scoring, wrapping, or other
indicators that appear on the lower-potency hemp edible designating the
individual serving size. If the
lower-potency hemp edible is meant to be consumed as a beverage or 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.
(c) A single package containing
multiple servings of a lower-potency edible product 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.
Subd. 7. Prohibitions. A lower-potency edible product
retailer may not:
(1) sell lower-potency hemp edibles to
an individual who is under 21 years of age;
(2) sell a lower-potency hemp edible to
a person who is visibly intoxicated;
(3) sell cannabis flower, cannabis
products, or hemp-derived consumer products;
(4) allow for the dispensing of
lower-potency hemp edibles in vending machines; or
(5) distribute or allow free samples of
lower-potency hemp edibles.
Subd. 8. On-site
consumption. (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.
(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.
(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.
(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.
(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.
(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.
(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.
(h) In addition to the prohibitions
under subdivision 6, a lower-potency hemp edible retailer with an on-site
consumption endorsement may not:
(1) sell lower-potency hemp edibles to
a customer who the lower-potency hemp edible retailer knows or reasonably
should know has consumed alcohol sold or provided by the lower-potency hemp
edible retailer within the previous five hours;
(2) sell lower-potency hemp edibles
that are designed or reasonably expected to be mixed with an alcoholic
beverage; or
(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.
Subd. 9. Posting
of notices. A lower-potency
hemp edible retailer must post all notices as provided in section 342.27,
subdivision 6.
Subd. 10. Building
conditions. (a) A
lower-potency hemp edible retailer shall maintain compliance with state and
local building, fire, and zoning codes, requirements, or regulations.
(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.
Subd. 11. Enforcement. The office shall inspect lower-potency
hemp edible retailers and take enforcement action as provided in sections
342.19 and 342.21.
Sec. 47. [342.47]
MEDICAL CANNABIS BUSINESS LICENSES.
Subdivision 1. License
types. (a) The office shall
issue the following types of medical cannabis business licenses:
(1) medical cannabis cultivator;
(2) medical cannabis processor; and
(3) medical cannabis retailer.
(b) The Division of Medical Cannabis may
oversee the licensing and regulation of medical cannabis businesses.
Subd. 2. Multiple
licenses; limits. (a) A
person, cooperative, or business holding:
(1) a medical cannabis cultivator
license may also hold a medical cannabis processor license, a cannabis
cultivator license, a cannabis manufacturer license, and a cannabis event
organizer license subject to the ownership limitations that apply to those licenses;
(2) a medical cannabis processor license
may also hold a medical cannabis cultivator license, a cannabis cultivator
license, a cannabis manufacturer license, and a cannabis event organizer
license subject to the ownership limitations that apply to those licenses; or
(3) a medical cannabis retailer license
may also hold a cannabis retailer license, a cannabis delivery service license,
and a cannabis event organizer license subject to the ownership limitations
that apply to those licenses.
(b) Except as provided in paragraph (a),
no person, cooperative, or business holding a medical cannabis license may own
or operate any other cannabis business or hemp business.
(c) The office by rule may limit the
number of medical cannabis business licenses that a person or business may
hold.
(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 cannabis business.
Subd. 3. Registered
medical cannabis manufacturers. (a)
As used in this subdivision, "medical cannabis manufacturer" means
either of the two in-state manufacturers of medical cannabis registered with
the commissioner of health pursuant to section 152.25 as of July 1, 2023.
(b) Notwithstanding any law to the
contrary, the registration or reregistration period of a medical cannabis
manufacturer expires on July 1, 2024.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 48. [342.48]
MEDICAL CANNABIS BUSINESS APPLICATIONS.
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 cannabis
business license must submit the following information in a form approved by
the office:
(1) for medical cannabis cultivator
license applicants:
(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;
(ii) a cultivation plan demonstrating
the proposed size and layout of the cultivation facility that will be used
exclusively for cultivation for medical cannabis, including the total amount of
plant canopy; and
(iii) evidence that the business will
comply with the applicable operation requirements for the license being sought;
(2) for medical cannabis processor
license applicants:
(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;
(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;
(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
(iv) evidence that the applicant will
comply with the applicable operation requirements for the license being sought;
or
(3) for medical cannabis retailer
license applicants:
(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 cannabis business;
(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 cannabis flower or medical
cannabinoid products, identification of a restricted area for storage, and
plans to prevent the visibility of cannabis flower and cannabinoid products;
(iii) if the applicant holds or is
applying for a cannabis retailer license, a diagram showing the portion of the
premises in which medical cannabis flower and medical cannabinoid products will
be sold and distributed and identifying an area that is definite and distinct
from all other areas of the cannabis retailer, is accessed through a distinct
entrance, and contains an appropriate space for a pharmacist employee of the
medical cannabis retailer to consult with the patient to determine the proper
type of medical cannabis flower and medical cannabinoid products and proper
dosage for the patient; and
(iv) evidence that the applicant will
comply with the applicable operation requirements for the license being sought.
Sec. 49. [342.49]
MEDICAL CANNABIS CULTIVATORS.
(a) A medical cannabis cultivator
license entitles the license holder to grow cannabis plants within the approved
amount of space from seed or immature plant to mature plant, harvest cannabis
flower from a mature plant, package and label cannabis flower as medical
cannabis flower, sell medical cannabis flower to medical cannabis processors
and medical cannabis retailers, transport medical cannabis flower to a medical
cannabis processor located on the same premises, and perform other actions
approved by the office.
(b) The office may, by rule,
establish limits on the plant canopy in which a medical cannabis cultivator can
grow cannabis plants and on the use of tiers within the approved plant canopy.
(c) A medical cannabis cultivator
license holder must comply with all requirements of section 342.25.
(d) A medical cannabis cultivator
license holder must verify that every batch of medical cannabis flower has
passed safety, potency, and consistency testing at a cannabis testing facility
approved by the office for the testing of medical cannabis flower before the
medical cannabis cultivator may package, label, or sell the medical cannabis
flower to any other entity.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 50. [342.50]
MEDICAL CANNABIS PROCESSORS.
(a) A medical cannabis processor
license, consistent with the specific license endorsement or endorsements,
entitles the license holder to:
(1) purchase medical cannabis flower,
medical cannabinoid products, hemp plant parts, and hemp concentrate from
medical cannabis cultivators, other medical cannabis processors, and industrial
hemp growers;
(2) make cannabis concentrate from
medical cannabis flower;
(3) make hemp concentrate, including
hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than
0.3 percent as measured by weight;
(4) manufacture medical cannabinoid
products;
(5) package and label medical
cannabinoid products for sale to other medical cannabis processors and to
medical cannabis retailers; and
(6) perform other actions approved by
the office.
(b) A medical cannabis processor license
holder must comply with all requirements of section 342.26, including
requirements to obtain specific license endorsements.
(c) A medical cannabis processor license
holder must verify that every batch of medical cannabinoid product has passed
safety, potency, and consistency testing at a cannabis testing facility
approved by the office for the testing of medical cannabinoid products before
the medical cannabis processor may package, label, or sell the medical cannabinoid
product to any other entity.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 51. [342.51]
MEDICAL CANNABIS RETAILERS.
Subdivision 1. Authorized
actions. (a) A medical
cannabis retailer license entitles the license holder to purchase medical
cannabis flower and medical cannabinoid products from medical cannabis
cultivators and medical cannabis processors and sell or distribute medical
cannabis flower and medical cannabinoid products to any person authorized to
receive medical cannabis flower or medical cannabinoid products.
(b) A medical cannabis retailer license
holder must verify that all medical cannabis flower and medical cannabinoid
products have passed safety, potency, and consistency testing at a cannabis
testing facility approved by the office for the testing of medical cannabis
flower and medical cannabinoid products before the medical cannabis retailer
may distribute the medical cannabis flower or medical cannabinoid product to
any person authorized to receive medical cannabis flower or medical cannabinoid
products.
Subd. 2. Distribution
requirements. (a) Prior to
distribution of medical cannabis flower or medical cannabinoid products, a
medical cannabis retailer licensee must:
(1) review and confirm the patient's
registry verification;
(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 specified in section
152.11, subdivision 2d;
(3) ensure that a pharmacist employee
of the medical cannabis retailer has consulted with the patient if required
according to subdivision 3; and
(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 rules
adopted by the office.
(b) A medical cannabis retailer may not
deliver medical cannabis flower or medical cannabinoid products unless the
medical cannabis retailer also holds a cannabis delivery service license. Delivery of medical cannabis flower and
medical cannabinoid products are subject to the provisions of section 342.42.
Subd. 3. Final
approval for distribution of medical cannabis flower and medical cannabinoid
products. (a) A cannabis
worker who is employed by a medical cannabis 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 cannabis flower and medical
cannabinoid products. Prior to the
distribution of medical cannabis flower or medical cannabinoid products, a
pharmacist employed by the medical cannabis retailer must consult with the
patient to determine the proper type of medical cannabis flower, medical
cannabinoid product, or medical cannabis paraphernalia and proper dosage for
the patient after reviewing the range of chemical compositions of medical
cannabis 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:
(1) the pharmacist 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.
(b) Notwithstanding paragraph (a), a
pharmacist consultation is not required prior to the distribution of medical
cannabis flower or medical cannabinoid products when a medical cannabis
retailer is distributing medical cannabis flower or medical cannabinoid
products to a patient according to a patient-specific dosage plan established
with that medical cannabis retailer and is not modifying the dosage or product
being distributed under that plan. Medical
cannabis flower or medical cannabinoid products distributed under this
paragraph must be distributed by a pharmacy technician employed by the medical
cannabis retailer.
Subd. 4. 90-day
supply. A medical cannabis
retailer shall not distribute more than a 90-day supply of medical cannabis
flower or medical cannabinoid products to a patient, registered designated
caregiver, or parent, legal guardian, or spouse of a patient according to the
dosages established for the individual patient.
Subd. 5. Distribution
to recipient in a motor vehicle. A
medical cannabis retailer may distribute medical cannabis flower and medical
cannabinoid products to a patient, registered designated caregiver, or parent,
legal guardian, or spouse of a patient who is at a dispensary location but
remains in a motor vehicle, provided that:
(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 medical cannabis
retailer 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 medical cannabis retailer 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 patient, designated caregiver, or
parent, guardian, or spouse has arrived in the designated zone;
(4) the payment and distribution of
medical cannabis flower and medical cannabinoid products take place only after
a pharmacist consultation takes place, if required under subdivision 3;
(5) immediately following distribution
of medical cannabis flower or medical cannabinoid products, staff enter the
transaction in the statewide monitoring system; and
(6) immediately following distribution
of medical cannabis flower and medical cannabinoid products, staff take the
payment received into the facility.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 52. [342.52]
PATIENT REGISTRY PROGRAM.
Subdivision 1. Administration. The Division of Medical Cannabis must
administer the medical cannabis registry program.
Subd. 2. Application
procedure for patients. (a) A
patient seeking to enroll in the registry program must submit to the Division
of Medical Cannabis an application established by the Division of Medical
Cannabis and a copy of the certification specified in paragraph (b) or, if the
patient is a veteran who receives care from the United States Department of
Veterans Affairs, the information required pursuant to subdivision 3. The patient must provide at least the
following information in the application:
(1) the patient's name, mailing address,
and date of birth;
(2) the name, mailing address, and
telephone number of the patient's health care practitioner;
(3) the name, mailing address, and date
of birth of the patient's registered designated caregiver, if any, or the
patient's parent, legal guardian, or spouse if the parent, legal guardian, or
spouse will be acting as the patient's caregiver;
(4) a disclosure signed by the patient
that includes:
(i) a statement that, notwithstanding
any law to the contrary, the Office of Cannabis Management, the Division of
Medical Cannabis, or an employee of the Office of Cannabis Management or
Division of Medical Cannabis may not be held civilly or criminally liable for
any injury, loss of property, personal injury, or death caused by an act or
omission while acting within the employee's scope of office or employment under
this section; and
(ii) the patient's acknowledgment that
enrollment in the registry program is conditional on the patient's agreement to
meet all other requirements of this section; and
(5) all other information required by
the Division of Medical Cannabis.
(b) As part of the application under
this subdivision, a patient must submit a copy of a certification from the
patient's health care practitioner that is dated within 90 days prior to the
submission of the application and that certifies that the patient has been
diagnosed with a qualifying medical condition.
(c) A patient's health care
practitioner may submit a statement to the Division of Medical Cannabis
declaring that the patient is no longer diagnosed with a qualifying medical
condition. Within 30 days after receipt
of a statement from a patient's health care practitioner, the Division of
Medical Cannabis must provide written notice to a patient stating that the
patient's enrollment in the registry program will be revoked in 30 days unless
the patient submits a certification from a health care practitioner that the
patient is currently diagnosed with a qualifying medical condition or, if the
patient is a veteran, the patient submits confirmation that the patient is
currently diagnosed with a qualifying medical condition in a form and manner
consistent with the information required for an application made pursuant to
subdivision 3. If the Division of
Medical Cannabis revokes a patient's enrollment in the registry program
pursuant to this paragraph, the division must provide notice to the patient and
to the patient's health care practitioner.
Subd. 3. Application
procedure for veterans. (a)
The Division of Medical Cannabis shall establish an alternative certification
procedure for veterans who receive care from the United States Department of
Veterans Affairs to confirm that the veteran has been diagnosed with a
qualifying medical condition.
(b) A patient who is also a veteran and
is seeking to enroll in the registry program must submit to the Division of
Medical Cannabis an application established by the Division of Medical Cannabis
that includes the information identified in subdivision 2, paragraph (a), and
the additional information required by the Division of Medical Cannabis to
certify that the patient has been diagnosed with a qualifying medical
condition.
Subd. 4. Enrollment;
denial of enrollment; revocation. (a)
Within 30 days after the receipt of an application and certification or other
documentation of a diagnosis with a qualifying medical condition, the Division
of Medical Cannabis must approve or deny a patient's enrollment in the registry
program. If the Division of Medical
Cannabis approves a patient's enrollment in the registry program, the office
must provide notice to the patient and to the patient's health care
practitioner.
(b) A patient's enrollment in the
registry program must only be denied if the patient:
(1) does not submit a certification from
a health care practitioner or, if the patient is a veteran, the documentation
required under subdivision 3 that the patient has been diagnosed with a
qualifying medical condition;
(2) has not signed the disclosure
required in subdivision 2;
(3) does not provide the information
required by the Division of Medical Cannabis;
(4) provided false information on the
application; or
(5) at the time of application, is also
enrolled in a federally approved clinical trial for the treatment of a
qualifying medical condition with medical cannabis.
(c) If the Division of Medical Cannabis
denies a patient's enrollment in the registry program, the Division of Medical
Cannabis must provide written notice to a patient of all reasons for denying
enrollment. Denial of enrollment in the
registry program is considered a final decision of the office and is subject to
judicial review under chapter 14.
(d) A patient's enrollment in the
registry program may be revoked only:
(1) pursuant to subdivision 2, paragraph
(c);
(2) upon the death of the patient;
(3) if the patient's certifying health
care practitioner has filed a declaration under subdivision 2, paragraph (c), that the patient's qualifying diagnosis no longer
exists and the patient does not submit another certification within 30 days;
(4) if the patient does not
comply with subdivision 6; or
(5) if the patient intentionally sells
or diverts medical cannabis flower or medical cannabinoid products in violation
of this chapter.
If a patient's enrollment in the registry program has been
revoked due to a violation of subdivision 6, the patient may apply for
enrollment 12 months after the date on which the patient's enrollment was
revoked. The office must process such an
application in accordance with this subdivision.
Subd. 5. Registry
verification. When a patient
is enrolled in the registry program, the Division of Medical Cannabis must
assign the patient a patient registry number and must issue the patient and the
patient's registered designated caregiver, parent, legal guardian, or spouse,
if applicable, a registry verification. The
Division of Medical Cannabis must also make the registry verification available
to medical cannabis retailers. The
registry verification must include:
(1) the patient's name and date of
birth;
(2) the patient registry number assigned
to the patient; and
(3) the name and date of birth of the
patient's registered designated caregiver, if any, or the name of the patient's
parent, legal guardian, or spouse if the parent, legal guardian, or spouse will
act as a caregiver.
Subd. 6. Conditions
of continued enrollment. As
conditions of continued enrollment, a patient must:
(1) continue to receive regularly
scheduled treatment for the patient's qualifying medical condition from the
patient's health care practitioner; and
(2) report changes in the patient's
qualifying medical condition to the patient's health care practitioner.
Subd. 7. Enrollment
period. Enrollment in the
registry program is valid for one year. To
re-enroll, a patient must submit the information required in subdivision 2 and
a patient who is also a veteran must submit the information required in
subdivision 3.
Subd. 8. Allowable
delivery methods. A patient
in the registry program may receive medical cannabis flower and medical
cannabinoid products. The office may
approve additional delivery methods to expand the types of products that
qualify as medical cannabinoid products.
Subd. 9. Registered
designated caregiver. (a) The
Division of Medical Cannabis must register a designated caregiver for a patient
if the patient requires assistance in administering medical cannabis flower or
medical cannabinoid products or in obtaining medical cannabis flower, medical
cannabinoid products, or medical cannabis paraphernalia from a medical cannabis
retailer.
(b) In order to serve as a designated
caregiver, a person must:
(1) be at least:
(i) 18 years of age to obtain or assist
with medical cannabinoid products or medical cannabis paraphernalia; and
(ii) 21 years of age to obtain or assist
with medical cannabis flower;
(2) agree to only possess the patient's
medical cannabis flower and medical cannabinoid products for purposes of
assisting the patient; and
(3) agree that if the
application is approved, the person will not serve as a registered designated
caregiver for more than six registered patients at one time. Patients who reside in the same residence
count as one patient.
(c) The office shall conduct a criminal
background check on the designated caregiver prior to registration to ensure
that the person does not have a conviction for a disqualifying felony offense. Any cost of the background check shall be
paid by the person seeking registration as a designated caregiver. A designated caregiver must have the criminal
background check renewed every two years.
(d) Nothing in this section shall be
construed to prevent a registered designated caregiver from being enrolled in
the registry program as a patient and possessing and administering medical
cannabis flower or medical cannabinoid products as a patient.
Subd. 10. Parents,
legal guardians, spouses. A
parent, legal guardian, or spouse of a patient may act as the caregiver for a
patient. The parent, legal guardian, or
spouse who is acting as a caregiver must follow all requirements for parents,
legal guardians, and spouses under this chapter. Nothing in this section limits any legal
authority that a parent, legal guardian, or spouse may have for the patient
under any other law.
Subd. 11. Notice
of change of name or address. Patients
and registered designated caregivers must notify the Division of Medical
Cannabis of any address or name change within 30 days of the change having
occurred. A patient or registered
designated caregiver is subject to a $100 fine for failure to notify the office
of the change.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 53. [342.53]
DUTIES OF OFFICE OF CANNABIS MANAGEMENT; REGISTRY PROGRAM.
The office may add an allowable form of
medical cannabinoid product, and may add or modify a qualifying medical
condition upon its own initiative, upon a petition from a member of the public
or from the Cannabis Advisory Council or as directed by law. The office must evaluate all petitions and
must make the addition or modification if the office determines that the
addition or modification is warranted by the best available evidence and
research. If the office wishes to add an
allowable form or add or modify a qualifying medical condition, the office must
notify the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over health finance and policy by January 15 of
the year in which the change becomes effective.
In this notification, the office must specify the proposed addition or
modification, the reasons for the addition or modification, any written
comments received by the office from the public about the addition or
modification, and any guidance received from the Cannabis Advisory Council. An addition or modification by the office
under this subdivision becomes effective on August 1 of that year unless the
legislature by law provides otherwise.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 54. [342.54]
DUTIES OF DIVISION OF MEDICAL CANNABIS; REGISTRY PROGRAM.
Subdivision 1. Duties
related to health care practitioners.
The Division of Medical Cannabis must:
(1) provide notice of the registry
program to health care practitioners in the state;
(2) allow health care practitioners to
participate in the registry program if they request to participate and meet the
program's requirements;
(3) provide explanatory information and
assistance to health care practitioners to understand the nature of the
therapeutic use of medical cannabis flower and medical cannabinoid products
within program requirements;
(4) make available to participating
health care practitioners a certification form in which a health care
practitioner certifies that a patient has a qualifying medical condition; and
(5) supervise the participation
of health care practitioners in the registry reporting system in which health
care practitioners report patient treatment and health records information to
the office in a manner that ensures stringent security and record keeping
requirements and that prevents the unauthorized release of private data on
individuals as defined in section 13.02.
Subd. 2. Duties
related to the registry program. The
Division of Medical Cannabis must:
(1) administer the registry program
according to section 342.52;
(2) provide information to patients
enrolled in the registry program on the existence of federally approved
clinical trials for the treatment of the patient's qualifying medical condition
with medical cannabis flower or medical cannabinoid products as an alternative
to enrollment in the registry program;
(3) maintain safety criteria with which
patients must comply as a condition of participation in the registry program to
prevent patients from undertaking any task under the influence of medical
cannabis flower or medical cannabinoid products that would constitute
negligence or professional malpractice;
(4) review and publicly report on
existing medical and scientific literature regarding the range of recommended
dosages for each qualifying medical condition, the range of chemical
compositions of medical cannabis flower and medical cannabinoid products that
will likely be medically beneficial for each qualifying medical condition, and
any risks of noncannabis drug interactions.
This information must be updated by December 1 of each year. The office may consult with an independent
laboratory under contract with the office or other experts in reporting and
updating this information; and
(5) annually consult with cannabis
businesses about medical cannabis that the businesses cultivate, manufacture,
and offer for sale and post on the Division of Medical Cannabis website a list
of the medical cannabis flower and medical cannabinoid products offered for
sale by each medical cannabis retailer.
Subd. 3. Research. (a) The Division of Medical Cannabis
must conduct or contract with a third party to conduct research and studies
using data from health records submitted to the registry program under section
342.55, subdivision 2, and data submitted to the registry program under section
342.52, subdivisions 2 and 3. If the
division contracts with a third party for research and studies, the third party
must provide the division with access to all research and study results. The division must submit reports on
intermediate or final research results to the legislature and major scientific
journals. All data used by the division
or a third party under this subdivision must be used or reported in an
aggregated nonidentifiable form as part of a scientific peer-reviewed
publication of research or in the creation of summary data, as defined in
section 13.02, subdivision 19.
(b) The Division of Medical Cannabis may
submit medical research based on the data collected under sections 342.55,
subdivision 2, and data collected through the statewide monitoring system to
any federal agency with regulatory or enforcement authority over medical
cannabis flower and medical cannabinoid products to demonstrate the
effectiveness of medical cannabis flower or medical cannabinoid products for
treating or alleviating the symptoms of a qualifying medical condition.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 55. [342.55]
DUTIES OF HEALTH CARE PRACTITIONERS; REGISTRY PROGRAM.
Subdivision 1. Health
care practitioner duties before patient enrollment. Before a patient's enrollment in the
registry program, a health care practitioner must:
(1) determine, in the health care
practitioner's medical judgment, whether a patient has a qualifying medical
condition and, if so determined, provide the patient with a certification of
that diagnosis;
(2) advise patients, registered
designated caregivers, and parents, legal guardians, and spouses acting as
caregivers of any nonprofit patient support groups or organizations;
(3) provide to patients explanatory
information from the Division of Medical Cannabis, including information about
the experimental nature of the therapeutic use of medical cannabis flower and
medical cannabinoid products; the possible risks, benefits, and side effects of
the proposed treatment; and the application and other materials from the
office;
(4) provide to patients a Tennessen
warning as required under section 13.04, subdivision 2; and
(5) agree to continue treatment of the
patient's qualifying medical condition and to report findings to the Division
of Medical Cannabis.
Subd. 2. Duties
upon patient's enrollment in registry program. Upon receiving notification from the
Division of Medical Cannabis of the patient's enrollment in the registry
program, a health care practitioner must:
(1) participate in the patient registry
reporting system under the guidance and supervision of the Division of Medical
Cannabis;
(2) report to the Division of Medical
Cannabis patient health records throughout the patient's ongoing treatment in a
manner determined by the office and in accordance with subdivision 4;
(3) determine on a yearly basis if the
patient continues to have a qualifying medical condition and, if so, issue the
patient a new certification of that diagnosis.
The patient assessment conducted under this clause may be conducted via
telehealth, as defined in section 62A.673, subdivision 2; and
(4) otherwise comply with requirements
established by the Office of Cannabis Management and the Division of Medical
Cannabis.
Subd. 3. Participation
not required. Nothing in this
section requires a health care practitioner to participate in the registry
program.
Subd. 4. Data. Data on patients collected by a health
care practitioner and reported to the registry program, including data on
patients who are veterans who receive care from the United States Department of
Veterans Affairs, are health records under section 144.291 and are private data
on individuals under section 13.02 but may be used or reported in an aggregated
nonidentifiable form as part of a scientific peer-reviewed publication of
research conducted under section 342.54 or in the creation of summary data, as
defined in section 13.02, subdivision 19.
Subd. 5. Exception. The requirements of this section do
not apply to a patient who is a veteran who receives care from the United
States Department of Veterans Affairs or a health care practitioner employed by
the United States Department of Veterans Affairs. Such a patient must meet the certification
requirements developed pursuant to section 342.52, subdivision 3, before the
patient's enrollment in the registry program.
The Division of Medical Cannabis may establish policies and procedures
to obtain medical records and other relevant data from a health care
practitioner employed by the United States Department of Veterans Affairs,
provided that those policies and procedures are consistent with this section.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 56. [342.56]
LIMITATIONS.
Subdivision 1. Limitations
on consumption; locations of consumption.
Nothing in sections 342.47 to 342.60 permits any person to engage
in, and does not prevent the imposition of any civil, criminal, or other
penalties for:
(1) undertaking a task under the
influence of medical cannabis flower or medical cannabinoid products that would
constitute negligence or professional malpractice;
(2) possessing or consuming
medical cannabis flower or medical cannabinoid products:
(i) on a school bus or van;
(ii) in a correctional facility;
(iii) in a state-operated treatment
program, including the Minnesota sex offender program; or
(iv) on the grounds of a child care
facility or family or group family day care program;
(3) vaporizing or smoking medical
cannabis:
(i) on any form of public
transportation;
(ii) where the vapor would be inhaled by
a nonpatient minor or where the smoke would be inhaled by a minor; or
(iii) in any public place, including any
indoor or outdoor area used by or open to the general public or a place of
employment, as defined in section 144.413, subdivision 1b; and
(4) operating, navigating, or being in
actual physical control of a motor vehicle, aircraft, train, or motorboat or
working on transportation property, equipment, or facilities while under the
influence of medical cannabis flower or a medical cannabinoid product.
Subd. 2. Health
care facilities. (a) Health
care facilities licensed under chapter 144A; hospice providers licensed under
chapter 144A; boarding care homes or supervised living facilities licensed
under section 144.50; assisted living facilities licensed under chapter 144G;
facilities owned, controlled, managed, or under common control with hospitals
licensed under chapter 144; and other health care facilities licensed by the
commissioner of health may adopt reasonable restrictions on the use of medical
cannabis flower or medical cannabinoid products by a patient enrolled in the
registry program who resides at or is actively receiving treatment or care at
the facility. The restrictions may
include a provision that the facility must not store or maintain a patient's
supply of medical cannabis flower or medical cannabinoid products, that the
facility is not responsible for providing medical cannabis flower or medical
cannabinoid products for patients, and that medical cannabis flower or medical
cannabinoid products are used only in a location specified by the facility or
provider.
(b) An employee or agent of a facility
or provider listed in this subdivision or a person licensed under chapter 144E
is not violating this chapter or chapter 152 for the possession of medical
cannabis flower or medical cannabinoid products while carrying out employment
duties, including providing or supervising care to a patient enrolled in the
registry program, or distribution of medical cannabis flower or medical
cannabinoid products to a patient enrolled in the registry program who resides
at or is actively receiving treatment or care at the facility or from the
provider with which the employee or agent is affiliated. Nothing in this subdivision requires
facilities and providers listed in this subdivision to adopt such restrictions. No facility or provider listed in this
subdivision may unreasonably limit a patient's access to or use of medical
cannabis flower or medical cannabinoid products to the extent that such use is
authorized under sections 342.47 to 342.60.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 57. [342.57]
PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS.
Subdivision 1. Presumption. There is a presumption that a patient
enrolled in the registry program is engaged in the authorized use of medical
cannabis flower and medical cannabinoid products. This presumption may be rebutted by evidence
that the patient's use of medical cannabis flower or medical cannabinoid
products was not for the purpose of treating or alleviating the patient's
qualifying medical condition or symptoms associated with the patient's
qualifying medical condition.
Subd. 2. Criminal
and civil protections. (a)
Subject to section 342.56, the following are not violations of this chapter or
chapter 152:
(1) use or possession of medical
cannabis flower, medical cannabinoid products, or medical cannabis
paraphernalia by a patient enrolled in the registry program or by a visiting
patient to whom medical cannabis flower or medical cannabinoid products are distributed
under section 342.51, subdivision 5;
(2) possession of medical cannabis
flower, medical cannabinoid products, or medical cannabis paraphernalia by a registered designated caregiver or a parent,
legal guardian, or spouse of a patient enrolled in the registry program; or
(3) possession of medical cannabis
flower, medical cannabinoid products, or medical cannabis paraphernalia by any
person while carrying out duties required under sections 342.47 to 342.60.
(b) The Office of Cannabis Management,
members of the Cannabis Advisory Council, Office of Cannabis Management
employees, agents or contractors of the Office of Cannabis Management, and
health care practitioners participating in the registry program are not subject
to any civil penalties or disciplinary action by the Board of Medical Practice,
the Board of Nursing, or any business, occupational, or professional licensing
board or entity solely for participating in the registry program either in a
professional capacity or as a patient. A
pharmacist licensed under chapter 151 is not subject to any civil penalties or
disciplinary action by the Board of Pharmacy when acting in accordance with
sections 342.47 to 342.60 either in a professional capacity or as a patient. Nothing in this section prohibits a
professional licensing board from taking action in response to a violation of
law.
(c) Notwithstanding any law to the
contrary, a Cannabis Advisory Council member, the governor, or an employee of a
state agency must not be held civilly or criminally liable for any injury, loss
of property, personal injury, or death caused by any act or omission while
acting within the scope of office or employment under sections 342.47 to
342.60.
(d) Federal, state, and local law
enforcement authorities are prohibited from accessing the registry except when
acting pursuant to a valid search warrant.
Notwithstanding section 13.09, a violation of this paragraph is a gross
misdemeanor.
(e) Notwithstanding any law to the
contrary, the office and employees of the office must not release data or
information about an individual contained in any report or document or in the
registry and must not release data or information obtained about a patient
enrolled in the registry program, except as provided in sections 342.47 to
342.60. Notwithstanding section 13.09, a
violation of this paragraph is a gross misdemeanor.
(f) No information contained in a report
or document, contained in the registry, or obtained from a patient under
sections 342.47 to 342.60 may be admitted as evidence in a criminal proceeding,
unless:
(1) the information is independently
obtained; or
(2) admission of the information is
sought in a criminal proceeding involving a criminal violation of sections
342.47 to 342.60.
(g) Possession of a registry
verification or an application for enrollment in the registry program:
(1) does not constitute probable cause
or reasonable suspicion;
(2) must not be used to support a search
of the person or property of the person with a registry verification or
application to enroll in the registry program; and
(3) must not subject the person or the
property of the person to inspection by any government agency.
Subd. 3. School
enrollment; rental property. (a)
No school may refuse to enroll a patient as a pupil or otherwise penalize a
patient solely because the patient is enrolled in the registry program, unless
failing to do so would violate federal law or regulations or cause the school
to lose a monetary or licensing-related benefit under federal law or
regulations.
(b) No landlord may refuse to lease to
a patient or otherwise penalize a patient solely because the patient is
enrolled in the registry program, unless failing to do so would violate federal
law or regulations or cause the landlord to lose a monetary or licensing-related
benefit under federal law or regulations.
Subd. 4. Medical
care. For purposes of medical
care, including organ transplants, a patient's use of medical cannabis flower
or medical cannabinoid products according to sections 342.47 to 342.60 is
considered the equivalent of the authorized use of a medication used at the discretion
of a health care practitioner and does not disqualify a patient from needed
medical care.
Subd. 5. Employment. (a) Unless a failure to do so would
violate federal or state law or regulations or cause an employer to lose a
monetary or licensing-related benefit under federal law or regulations, an
employer may not discriminate against a person in hiring, termination, or any
term or condition of employment, or otherwise penalize a person, if the
discrimination is based on:
(1) the person's status as a patient
enrolled in the registry program; or
(2) a patient's positive drug test for
cannabis components or metabolites, unless the patient used, possessed, sold,
transported, or was impaired by medical cannabis flower or a medical
cannabinoid product on work premises, during working hours, or while operating
an employer's machinery, vehicle, or equipment.
(b) An employee who is a patient and
whose employer requires the employee to undergo drug testing according to
section 181.953 may present the employee's registry verification as part of the
employee's explanation under section 181.953, subdivision 6.
Subd. 6. Custody;
visitation; parenting time. A
person must not be denied custody of a minor child or visitation rights or
parenting time with a minor child based solely on the person's status as a
patient enrolled in the registry program.
There must be no presumption of neglect or child endangerment for
conduct allowed under sections 342.47 to 342.60, unless the person's behavior
creates an unreasonable danger to the safety of the minor as established by
clear and convincing evidence.
Subd. 7. Action
for damages. In addition to
any other remedy provided by law, a patient may bring an action for damages
against any person who violates subdivision 3, 4, or 5. A person who violates subdivision 3, 4, or 5
is liable to a patient injured by the violation for the greater of the person's
actual damages or a civil penalty of $100 and reasonable attorney fees.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 58. [342.58]
VIOLATION BY HEALTH CARE PRACTITIONER; CRIMINAL PENALTY.
A health care practitioner who
knowingly refers patients to a medical cannabis business or to a designated
caregiver, who advertises as a retailer or producer of medical cannabis flower
or medical cannabinoid products, or who issues certifications while holding a
financial interest in a cannabis retailer or medical cannabis business is
guilty of a misdemeanor and may be sentenced to imprisonment for not more than
90 days or to payment of not more than $1,000, or both.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 59. [342.59]
DATA PRACTICES.
Subdivision 1. Data
classification. Patient
health records maintained by the Office of Cannabis Management or the Division
of Medical Cannabis and government data in patient health records maintained by
a health care practitioner are classified as private data on individuals, as
defined in section 13.02, subdivision 12, or nonpublic data, as defined in
section 13.02, subdivision 9.
Subd. 2. Allowable use; prohibited use. Data specified in subdivision 1 may be
used to comply with chapter 13, to comply with a request from the
legislative auditor or the state auditor in the performance of official duties,
and for purposes specified in sections 342.47 to 342.60. Data specified in subdivision 1 and
maintained by the Office of Cannabis Management or Division of Medical Cannabis
must not be used for any purpose not specified in sections 342.47 to 342.60 and
must not be combined or linked in any manner with any other list, dataset, or
database. Data specified in subdivision
1 must not be shared with any federal agency, federal department, or federal
entity unless specifically ordered to do so by a state or federal court.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 60. [342.60]
CLINICAL TRIALS.
The Division of Medical Cannabis may
conduct, or award grants to health care providers or research organizations to
conduct, clinical trials on the safety and efficacy of using medical cannabis
flower or medical cannabinoid products to treat a specific health condition. A health care provider or research
organization receiving a grant under this section must provide the office with
access to all data collected in a clinical trial funded under this section. The office may use data from clinical trials
conducted or funded under this section as evidence to approve additional
qualifying medical conditions or additional allowable forms of medical
cannabis.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 61. [342.61]
TESTING.
Subdivision 1. Testing
required. Cannabis businesses
and hemp businesses shall not sell or offer for sale cannabis flower, cannabis
products, artificially derived cannabinoids, lower-potency hemp edibles, or
hemp-derived consumer products to another cannabis business or hemp business, or
to a customer or patient, or otherwise transfer cannabis flower, cannabis
products, artificially derived cannabinoids, lower-potency hemp edibles, or
hemp-derived consumer products to another cannabis business or hemp business,
unless:
(1) a representative sample of the batch
of cannabis flower, cannabis products, artificially derived cannabinoids,
lower-potency hemp edibles, or hemp-derived consumer products has been tested
according to this section and rules adopted under this chapter;
(2) the testing was completed by a
cannabis testing facility licensed under this chapter; and
(3) the tested sample of cannabis
flower, cannabis products, artificially derived cannabinoids, lower-potency
hemp edibles, or hemp-derived consumer products was found to meet testing
standards established by the office.
Subd. 2. Procedures
and standards established by office.
(a) The office shall by rule establish procedures governing the
sampling, handling, testing, storage, and transportation of cannabis flower,
cannabis products, artificially derived cannabinoids, lower-potency hemp
edibles, or hemp-derived consumer products tested under this section; the
contaminants for which cannabis flower, cannabis products, artificially derived
cannabinoids, lower‑potency hemp edibles, or hemp-derived consumer
products must be tested; standards for potency and homogeneity testing; and
procedures applicable to cannabis businesses, hemp businesses, and cannabis
testing facilities regarding cannabis flower, cannabis products, artificially
derived cannabinoids, lower-potency hemp edibles, or hemp-derived consumer
products that fail to meet the standards for allowable levels of contaminants
established by the office, that fail to meet the potency limits in this
chapter, or that do not conform with the content of the cannabinoid profile
listed on the label.
(b) All testing required under
this section must be performed in a manner that is consistent with general
requirements for testing and calibration activities.
Subd. 3. Standards
established by Office of Cannabis Management. The office shall by rule establish
standards for allowable levels of contaminants in cannabis flower, cannabis
products, artificially derived cannabinoids, lower-potency hemp edibles, or
hemp-derived consumer products, and growing media. Contaminants for which the office must
establish allowable levels must include but are not limited to residual
solvents, foreign material, microbiological contaminants, heavy metals,
pesticide residue, and mycotoxins.
Subd. 4. Testing
of samples; disclosures. (a)
On a schedule determined by the office, every cannabis microbusiness, cannabis
mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler
with an endorsement to import products, lower-potency hemp edible manufacturer,
medical cannabis cultivator, or medical cannabis processor shall make each
batch of cannabis flower, cannabis products, artificially derived cannabinoids,
lower-potency hemp edibles, or hemp-derived consumer products grown, manufactured,
or imported by the cannabis business or hemp business available to a cannabis
testing facility.
(b) A cannabis microbusiness, cannabis
mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler
with an endorsement to import products, lower-potency hemp edible manufacturer,
medical cannabis cultivator, or medical cannabis processor must disclose all
known information regarding pesticides, fertilizers, solvents, or other foreign
materials, including but not limited to catalysts used in creating artificially
derived cannabinoids, applied or added to the batch of cannabis flower,
cannabis products, artificially derived cannabinoids, lower-potency hemp
edibles, or hemp-derived consumer products subject to testing. Disclosure must be made to the cannabis
testing facility and must include information about all applications by any
person, whether intentional or accidental.
(c) The cannabis testing facility shall
select one or more representative samples from each batch, test the samples for
the presence of contaminants, and test the samples for potency and homogeneity
and to allow the cannabis flower, cannabis product, artificially derived
cannabinoid, lower-potency hemp edible, or hemp-derived consumer product to be
accurately labeled with its cannabinoid profile. Testing for contaminants must include testing
for residual solvents, foreign material, microbiological contaminants, heavy
metals, pesticide residue, mycotoxins, and any items identified pursuant to
paragraph (b), and may include testing for other contaminants. A cannabis testing facility must destroy or
return to the cannabis business or hemp business any part of the sample that
remains after testing.
Subd. 5. Test
results. (a) If a sample
meets the applicable testing standards, a cannabis testing facility shall issue
a certification to a cannabis microbusiness, cannabis mezzobusiness, cannabis
cultivator, cannabis manufacturer, cannabis wholesaler with an endorsement to
import products, lower-potency hemp edible manufacturer, medical cannabis
cultivator, or medical cannabis processor, and the cannabis business or hemp
business may then sell or transfer the batch of cannabis flower, cannabis
products, artificially derived cannabinoids, lower-potency hemp edibles, or
hemp-derived consumer products from which the sample was taken to another
cannabis business or hemp business, or offer the cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products for
sale to customers or patients. If a
sample does not meet the applicable testing standards or if the testing
facility is unable to test for a substance identified pursuant to subdivision
4, paragraph (b), the batch from which the sample was taken shall be subject to
procedures established by the office for such batches, including destruction,
remediation, or retesting. A cannabis
microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis
manufacturer, cannabis wholesaler with an endorsement to import products,
lower-potency hemp edible manufacturer, medical cannabis cultivator, or medical
cannabis processor must maintain the test results for cannabis flower, cannabis
products, artificially derived cannabinoids, lower-potency hemp edibles, or
hemp‑derived consumer products grown, manufactured, or imported by that
cannabis business or hemp business for at least five years after the date of
testing.
(b) A cannabis microbusiness,
cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis
wholesaler with an endorsement to import products, lower-potency hemp edible
manufacturer, medical cannabis cultivator, or medical cannabis processor shall
make test results maintained by that cannabis business or hemp business
available for review by any member of the public, upon request. Test results made available to the public
must be in plain language.
Sec. 62. [342.62]
PACKAGING.
Subdivision 1. General. All cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp‑derived consumer products
sold to customers or patients must be packaged as required by this section and
rules adopted under this chapter.
Subd. 2. Packaging
requirements. (a) Except as
provided in paragraph (b), all cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products sold to
customers or patients must be:
(1) prepackaged in packaging or a
container that is plain, child-resistant, tamper-evident, and opaque; or
(2) placed in packaging or a container
that is plain, child-resistant, tamper-evident, and opaque at the final point
of sale to a customer.
(b) The requirement that packaging be
child-resistant does not apply to a lower-potency hemp edible that is sold
pursuant to section 342.46, subdivision 8, paragraph (e), or:
(1) is intended to be consumed as a
beverage;
(2) contains nonintoxicating
cannabinoids;
(3) does not contain more than a
combined total of 0.25 milligrams of intoxicating cannabinoids; and
(4) does not contain an artificially
derived cannabinoid.
(c) If a cannabis product, lower-potency
hemp edible, or a hemp-derived consumer product is packaged in a manner that
includes more than a single serving, each serving must be indicated by scoring,
wrapping, or other indicators designating the individual serving size. If the item is a lower-potency hemp edible,
serving indicators must meet the requirements of section 342.46, subdivision 6,
paragraph (b).
(d) Edible cannabis products and
lower-potency hemp edibles containing more than a single serving must be
prepackaged or placed at the final point of sale in packaging or a container
that is resealable.
Subd. 3. Packaging
prohibitions. (a) Cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products sold to customers or patients must not be packaged in a manner that:
(1) bears a reasonable resemblance to
any commercially available product that does not contain cannabinoids, whether
the manufacturer of the product holds a registered trademark or has registered
the trade dress; or
(2) is designed to appeal to persons
under 21 years of age.
(b) Packaging for cannabis flower,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products must not contain or be coated with any perfluoroalkyl substance.
(c) Edible cannabis products and
lower-potency hemp edibles must not be packaged in a material that is not
approved by the United States Food and Drug Administration for use in packaging
food.
Sec. 63. [342.63]
LABELING.
Subdivision 1. General. All cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp‑derived consumer products
sold to customers or patients must be labeled as required by this section and
rules adopted under this chapter.
Subd. 2. Content
of label; cannabis. All
cannabis flower and hemp-derived consumer products that consist of hemp plant
parts sold to customers or patients must have affixed on the packaging or
container of the cannabis flower or hemp-derived consumer product a label that
contains at least the following information:
(1) the name and license number of the
cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, medical
cannabis cultivator, or industrial hemp grower where the cannabis flower or
hemp plant part was cultivated;
(2) the net weight or volume of cannabis
flower or hemp plant parts in the package or container;
(3) the batch number;
(4) the cannabinoid profile;
(5) a universal symbol established by
the office indicating that the package or container contains cannabis flower, a
cannabis product, a lower-potency hemp edible, or a hemp-derived consumer
product;
(6) verification that the cannabis
flower or hemp plant part was tested according to section 342.61 and that the
cannabis flower or hemp plant part complies with the applicable standards;
(7) the maximum dose, quantity, or
consumption that may be considered medically safe within a 24-hour period;
(8) the following statement: "Keep this product out of reach of children."; and
(9) any other statements or information
required by the office.
Subd. 3. Content
of label; cannabinoid products. (a)
All cannabis products, lower-potency hemp edibles, hemp-derived consumer
products other than products subject to the requirements under subdivision 2,
medical cannabinoid products, and hemp-derived topical products sold to
customers or patients must have affixed to the packaging or container of the
cannabis product a label that contains at least the following information:
(1) the name and license number of the
cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, medical
cannabis cultivator, or industrial hemp grower that cultivated the cannabis
flower or hemp plant parts used in the cannabis product, lower-potency hemp
edible, hemp-derived consumer product, or medical cannabinoid product;
(2) the name and license number of the
cannabis microbusiness, cannabis mezzobusiness, cannabis manufacturer,
lower-potency hemp edible manufacturer, medical cannabis processor, or
industrial hemp grower that manufactured the cannabis concentrate, hemp concentrate,
or artificially derived cannabinoid and, if different, the name and license
number of the cannabis microbusiness, cannabis mezzobusiness, cannabis
manufacturer, lower‑potency hemp edible manufacturer, or medical cannabis
processor that manufactured the product;
(3) the net weight or volume of the
cannabis product, lower-potency hemp edible, or hemp-derived consumer product
in the package or container;
(4) the type of cannabis product,
lower-potency hemp edible, or hemp-derived consumer product;
(5) the batch number;
(6) the serving size;
(7) the cannabinoid profile per serving
and in total;
(8) a list of ingredients;
(9) a universal symbol established by
the office indicating that the package or container contains cannabis flower, a
cannabis product, a lower-potency hemp edible, or a hemp-derived consumer
product;
(10) a warning symbol developed by the
office in consultation with the commissioner of health and the Minnesota Poison
Control System that:
(i) is at least three-quarters of an
inch tall and six-tenths of an inch wide;
(ii) is in a highly visible color;
(iii) includes a visual element that is
commonly understood to mean a person should stop;
(iv) indicates that the product is not
for children; and
(v) includes the phone number of the
Minnesota Poison Control System;
(11) verification that the cannabis
product, lower-potency hemp edible, hemp-derived consumer product, or medical
cannabinoid product was tested according to section 342.61 and that the
cannabis product, lower-potency hemp edible, hemp-derived consumer product, or
medical cannabinoid product complies with the applicable standards;
(12) the maximum dose, quantity, or
consumption that may be considered medically safe within a 24-hour period;
(13) the following statement: "Keep this product out of reach of
children."; and
(14) any other statements or
information required by the office.
(b) The office may by rule establish
alternative labeling requirements for lower-potency edible products that are
imported into the state provided that those requirements provide consumers with
information that is substantially similar to the information described in
paragraph (a).
Subd. 4. Additional
content of label; medical cannabis flower and medical cannabinoid products. In addition to the applicable requirements
for labeling under subdivision 2 or 3, all medical cannabis flower and medical
cannabinoid products must include at least the following information on the
label affixed to the packaging or container of the medical cannabis flower or
medical cannabinoid product:
(1) the patient's name and date of
birth;
(2) 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, legal guardian, or spouse, if
applicable; and
(3) the patient's registry
identification number.
Subd. 5. Content
of label; hemp-derived topical products.
(a) All hemp-derived topical products sold to customers must have
affixed to the packaging or container of the product a label that contains at
least the following information:
(1) the manufacturer name, location,
phone number, and website;
(2) the name and address of the
independent, accredited laboratory used by the manufacturer to test the
product;
(3) the net weight or volume of the
product in the package or container;
(4) the type of topical product;
(5) the amount or percentage of
cannabidiol, cannabigerol, or any other cannabinoid, derivative, or extract of
hemp, per serving and in total;
(6) a list of ingredients;
(7) a statement that the product does
not claim to diagnose, treat, cure, or prevent any disease and that the product
has not been evaluated or approved by the United States Food and Drug
Administration, unless the product has been so approved; and
(8) any other statements or information
required by the office.
(b) The information required in
paragraph (a), clauses (1), (2), and (5), may be provided through the use of a
scannable barcode or matrix barcode that links to a page on a website
maintained by the manufacturer or distributor if that page contains all of the
information required by this subdivision.
Subd. 6. Additional
warnings. The office shall
review medical and scientific literature to determine whether it is appropriate
to require additional health and safety warnings regarding the impact of
cannabis flower, cannabis products, lower-potency hemp edibles, and
hemp-derived consumer products. The
review must specifically include the identification of any risks associated
with use by pregnant or breastfeeding women or by women planning to become
pregnant, and the effects use has on brain development for those under the age
of 25. Any additional labeling
requirement must contain only information that is supported by credible science
and is helpful to consumers in considering potential health risks.
Subd. 7. Additional
information. (a) A cannabis
microbusiness, cannabis mezzobusiness, cannabis retailer, or medical cannabis
retailer must provide customers and patients with the following information:
(1) factual information about impairment
effects and the expected timing of impairment effects, side effects, adverse
effects, and health risks of cannabis flower, cannabis products, lower-potency
hemp edibles, and hemp‑derived consumer products;
(2) a statement that customers and
patients must not operate a motor vehicle or heavy machinery while under the
influence of cannabis flower, cannabis products, lower-potency hemp edibles,
and hemp-derived consumer products;
(3) resources customers and patients may
consult to answer questions about cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products, and any side
effects and adverse effects;
(4) contact information for the poison
control center and a safety hotline or website for customers to report and
obtain advice about side effects and adverse effects of cannabis flower,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products; and
(5) any other information specified by
the office.
(b) A cannabis microbusiness,
cannabis mezzobusiness, cannabis retailer, or medical cannabis retailer may
include the information described in paragraph (a) on the label affixed to the
packaging or container of cannabis flower, cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products by:
(1) posting the information in the
premises of the cannabis microbusiness, cannabis mezzobusiness, cannabis
retailer, or medical cannabis retailer; or
(2) providing the information on a
separate document or pamphlet provided to customers or patients when the
customer purchases cannabis flower, a cannabis product, a lower-potency hemp
edible, or a hemp-derived consumer product.
Sec. 64. [342.64]
ADVERTISEMENT.
Subdivision 1. Limitations
applicable to all advertisements. Cannabis
businesses, hemp businesses, and other persons shall not publish or cause to be
published an advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis product, a
lower-potency hemp edible, or a hemp-derived consumer product in a manner that:
(1) contains false or misleading
statements;
(2) contains unverified claims about the
health or therapeutic benefits or effects of consuming cannabis flower, a
cannabis product, a lower-potency hemp edible, or a hemp-derived consumer
product;
(3) promotes the overconsumption of
cannabis flower, a cannabis product, a lower-potency hemp edible, or a
hemp-derived consumer product;
(4) depicts a person under 21 years of
age consuming cannabis flower, a cannabis product, a lower-potency hemp edible,
or a hemp-derived consumer product; or
(5) includes an image designed or likely
to appeal to individuals under 21 years of age, including cartoons, toys,
animals, or children, or any other likeness to images, characters, or phrases
that is designed to be appealing to individuals under 21 years of age or
encourage consumption by individuals under 21 years of age.
Subd. 2. Outdoor
advertisements; cannabis business signs.
(a) Except as provided in paragraph (c), an outdoor advertisement
of a cannabis business, a hemp business, cannabis flower, a cannabis product, a
lower‑potency hemp edible, or a hemp-derived consumer product is
prohibited.
(b) Cannabis businesses and hemp
businesses may erect up to two fixed outdoor signs on the exterior of the
building or property of the cannabis business or hemp business. A fixed outdoor sign:
(1) may contain the name of the cannabis
business and the address and nature of the cannabis business; and
(2) shall not include a logo or an image
of any kind.
(c) The prohibition under paragraph (a)
does not apply to an outdoor advertisement for a hemp business, or the goods or
services the business offers, that is not related to the manufacture or sale of
lower-potency hemp edibles and does not include an image, description, or any
reference to the manufacture or sale of lower-potency hemp edibles.
Subd. 3. Audience
under 21 years of age. Cannabis
businesses, hemp businesses, and other persons shall not publish or cause to be
published an advertisement for a cannabis business, a hemp business, cannabis
flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived
consumer product in any print publication or on radio, television, or any other
medium if 30 percent or more of the audience of that medium is reasonably
expected to be individuals who are under 21 years of age, as determined by
reliable, current audience composition data.
Subd. 4. Certain
unsolicited advertising. Cannabis
businesses, hemp businesses, and other persons shall not utilize unsolicited
pop-up advertisements on the internet to advertise a cannabis business, a hemp
business, cannabis flower, a cannabis product, a lower-potency hemp edible, or
a hemp-derived consumer product.
Subd. 5. Advertising
using direct, individualized communication or dialogue. Before a cannabis business, hemp
business, or another person may advertise a cannabis business, a hemp business,
cannabis flower, a cannabis product, a lower-potency hemp edible, or a
hemp-derived consumer product through direct, individualized communication or
dialogue controlled by the cannabis business, hemp business, or other person,
the cannabis business, hemp business, or other person must use a method of age
affirmation to verify that the recipient of the direct, individualized
communication or dialogue is 21 years of age or older. For purposes of this subdivision, the method
of age affirmation may include user confirmation, birth date disclosure, or
another similar registration method.
Subd. 6. Advertising
using location-based devices. Cannabis
businesses, hemp businesses, and other persons shall not advertise a cannabis
business, a hemp business, cannabis flower, a cannabis product, a lower-potency
hemp edible, or a hemp-derived consumer product with advertising directed
toward location-based devices, including but not limited to cellular
telephones, unless:
(1) the advertising occurs via a mobile
device application that is installed on the device by the device's owner and
includes a permanent and easy to implement opt-out feature; and
(2) the owner of the device is 21 years
of age or older.
Subd. 7. Advertising
restrictions for health care practitioners under the medical cannabis program. (a) A health care practitioner shall
not publish or cause to be published an advertisement that:
(1) contains false or misleading
statements about the registry program;
(2) uses colloquial terms to refer to
medical cannabis flower or medical cannabinoid products, such as pot, weed, or
grass;
(3) states or implies that the health
care practitioner is endorsed by the office, the Division of Medical Cannabis,
or the registry program;
(4) includes images of cannabis flower,
hemp plant parts, or images of paraphernalia commonly used to smoke cannabis
flower; or
(5) contains medical symbols that could
reasonably be confused with symbols of established medical associations or
groups.
(b) A health care practitioner found by
the office to have violated this subdivision is prohibited from certifying that
patients have a qualifying medical condition for purposes of patient
participation in the registry program. A
decision by the office that a health care practitioner has violated this
subdivision is a final decision and is not subject to the contested case
procedures in chapter 14.
Sec. 65. [342.65]
INDUSTRIAL HEMP.
Nothing in this chapter shall limit the
ability of a person licensed under chapter 18K to grow industrial hemp for
commercial or research purposes, process industrial hemp for commercial
purposes, sell hemp fiber products and hemp grain, manufacture hemp-derived
topical products, or perform any other actions authorized by the commissioner
of agriculture. For purposes of this
section, "processing" has the meaning given in section 18K.02,
subdivision 5, and does not include the process of creating artificially
derived cannabinoids.
Sec. 66. [342.66]
HEMP-DERIVED TOPICAL PRODUCTS.
Subdivision 1. Scope. This section applies to the
manufacture, marketing, distribution, and sale of hemp‑derived topical products.
Subd. 2. License;
not required. No license is
required to manufacture, market, distribute, or sell hemp-derived topical
products.
Subd. 3. Approved
cannabinoids. (a) Products
manufactured, marketed, distributed, and sold under this section may contain
cannabidiol or cannabigerol. Except as
provided in paragraph (c), products may not contain any other cannabinoid
unless approved by the office.
(b) The office may approve any
cannabinoid, other than any tetrahydrocannabinol, and authorize its use in
manufacturing, marketing, distribution, and sales under this section if the
office determines that the cannabinoid is a nonintoxicating cannabinoid.
(c) A product manufactured, marketed,
distributed, and sold under this section may contain cannabinoids other than
cannabidiol, cannabigerol, or any other cannabinoid approved by the office
provided that the cannabinoids are naturally occurring in hemp plants or hemp
plant parts and the total of all other cannabinoids present in a product does
not exceed one milligram per package.
Subd. 4. Approved
products. Products sold to
consumers under this section may only be manufactured, marketed, distributed,
intended, or generally expected to be used by applying the product externally
to a part of the body of a human or animal.
Subd. 5. Labeling. Hemp-derived topical products must
meet the labeling requirements in section 342.63, subdivision 5.
Subd. 6. Prohibitions. (a) A product sold to consumers under
this section must not be manufactured, marketed, distributed, or intended:
(1) for external or internal use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in humans or
other animals;
(2) to affect the structure or any
function of the bodies of humans or other animals;
(3) to be consumed by combustion or
vaporization of the product and inhalation of smoke, aerosol, or vapor from the
product;
(4) to be consumed through chewing; or
(5) to be consumed through injection or
application to a mucous membrane or nonintact skin.
(b) A product manufactured, marketed,
distributed, or sold to consumers under this section must not:
(1) consist, in whole or in part, of any
filthy, putrid, or decomposed substance;
(2) have been produced, prepared,
packed, or held under unsanitary conditions where the product may have been
rendered injurious to health, or where the product may have been contaminated
with filth;
(3) be packaged in a container that is
composed, in whole or in part, of any poisonous or deleterious substance that
may render the contents injurious to health;
(4) contain any additives or
excipients that have been found by the United States Food and Drug
Administration to be unsafe for human or animal consumption;
(5) contain a cannabinoid or an amount
or percentage of cannabinoids that is different than the information stated on
the label;
(6) contain a cannabinoid, other than
cannabidiol, cannabigerol, or a cannabinoid approved by the office, in an
amount that exceeds the standard established in subdivision 2, paragraph (c);
or
(7) contain any contaminants for which
testing is required by the office in amounts that exceed the acceptable minimum
standards established by the office.
(c) No product containing any
cannabinoid may be sold to any individual who is under 21 years of age.
Subd. 7. 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.
Sec. 67. [342.67]
LEGAL ASSISTANCE TO CANNABIS BUSINESSES AND HEMP BUSINESSES.
An attorney must not be subject to
disciplinary action by the Minnesota Supreme Court or professional
responsibility board for providing legal assistance to prospective or licensed
cannabis businesses or hemp businesses, or others for activities that do not
violate this chapter or chapter 152.
Sec. 68. [342.70]
CANNABIS INDUSTRY COMMUNITY RENEWAL GRANTS.
Subdivision 1. Establishment. The Office of Cannabis Management
shall establish CanRenew, a program to award grants to eligible organizations
for investments in communities where long-term residents are eligible to be
social equity applicants.
Subd. 2. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Community investment"
means a project or program designed to improve community-wide outcomes or
experiences and may include efforts targeting economic development, violence
prevention, youth development, or civil legal aid, among others.
(c) "Eligible community" means
a community where long-term residents are eligible to be social equity
applicants.
(d) "Eligible organization"
means any organization able to make an investment in a community where
long-term residents are eligible to be social equity applicants and may include
educational institutions, nonprofit organizations, private businesses,
community groups, units of local government, or partnerships between different
types of organizations.
(e) "Program" means the
CanRenew grant program.
(f) "Social equity applicant"
means a person who meets the qualification requirements in section 342.16.
Subd. 3. Grants
to organizations. (a) The
office must award grants to eligible organizations through a competitive grant
process.
(b) To receive grant money, an eligible organization must submit a written application to the office, using a form developed by the office, explaining the community investment the organization wants to make in an eligible community.
(c) An eligible organization's
grant application must also include:
(1) an analysis of the community's need
for the proposed investment;
(2) a description of the positive impact
that the proposed investment is expected to generate for that community;
(3) any evidence of the organization's
ability to successfully achieve that positive impact;
(4) any evidence of the organization's
past success in making similar community investments;
(5) an estimate of the cost of the
proposed investment;
(6)
the sources and amounts of any nonstate funds or in-kind contributions that
will supplement grant money; and
(7) any additional information requested
by the office.
(d) In awarding grants under this
subdivision, the office shall give weight to applications from organizations
that demonstrate a history of successful community investments, particularly in
geographic areas that are now eligible communities. The office shall also give weight to
applications where there is demonstrated community support for the proposed
investment. The office shall fund
investments in eligible communities throughout the state.
Subd. 4. Program
outreach. The office shall
make extensive efforts to publicize these grants, including through
partnerships with community organizations, particularly those located in
eligible communities.
Subd. 5. Reports
to the legislature. By
January 15, 2024, and each January 15 thereafter, the office must submit a
report to the chairs and ranking minority members of the committees of the
house of representatives and the senate having jurisdiction over community
development that details awards given through the CanRenew program and the use
of grant money, including any measures of successful community impact from the
grants.
Sec. 69. [342.72]
SUBSTANCE USE TREATMENT, RECOVERY, AND PREVENTION GRANTS.
Subdivision 1. Account
established; appropriation. A
substance use treatment, recovery, and prevention grant account is created in
the special revenue fund. Money in the
account, including interest earned, is appropriated to the office for the
purposes specified in this section.
Subd. 2. Acceptance
of gifts and grants. Notwithstanding
sections 16A.013 to 16A.016, the office may accept money contributed by
individuals and may apply for grants from charitable foundations to be used for
the purposes identified in this section.
The money accepted under this section must be deposited in the substance
use treatment, recovery, and prevention grant account created under subdivision
1.
Subd. 3. Disposition
of money; grants. (a) Money
in the substance use treatment, recovery, and prevention grant account must be
distributed as follows:
(1) 75 percent of the money is for
grants for recovery programs and substance use disorder treatment, as defined
in section 245G.01, subdivision 24, and may be used for substance use disorder
treatment provider rate increases and programs to provide education and
training to providers of substance use disorder treatment on the signs of
substance use disorder and effective treatments for substance use disorder. The office shall consult with the
commissioner of human services to determine appropriate provider rate increases
or modifications to existing payment methodologies;
(2) 20 percent of the money is for
grants for substance use disorder prevention; and
(3) five percent of the money is for
grants to educate pregnant women, breastfeeding women, and women who may become
pregnant on the adverse health effects of substance use.
(b) The office shall consult
with the commissioner of human services, the commissioner of health, and the
Substance Use Disorder Advisory Council to develop an appropriate application
process, establish grant requirements, determine what organizations are
eligible to receive grants, and establish reporting requirements for grant
recipients.
Subd. 4. Reports
to the legislature. By January
15, 2024, and each January 15 thereafter, the office must submit a report to
the chairs and ranking minority members of the committees of the house of
representatives and the senate having jurisdiction over health and human
services policy and finance that details grants awarded from the substance use
treatment, recovery, and prevention grant account, including the total amount
awarded, total number of recipients, and geographic distribution of those
recipients.
Sec. 70. [342.73]
CANNABIS GROWER GRANTS.
Subdivision 1. Establishment. The office, in consultation with the
commissioner of agriculture, shall establish CanGrow, a program to award grants
to (1) eligible organizations to help farmers navigate the regulatory structure
of the legal cannabis industry, and (2) nonprofit corporations to fund loans to
farmers for expansion into the legal cannabis industry.
Subd. 2. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Eligible organization"
means any organization capable of helping farmers navigate the regulatory
structure of the legal cannabis industry, particularly individuals facing
barriers to education or employment, and may include educational institutions,
nonprofit organizations, private businesses, community groups, units of local
government, or partnerships between different types of organizations.
(c) "Industry" means the legal
cannabis industry in the state of Minnesota.
(d) "Program" means the
CanGrow grant program.
(e) "Social equity applicant"
means a person who meets the qualification requirements in section 342.16.
Subd. 3. Technical
assistance grants. (a) Grant
money awarded to eligible organizations may be used for both developing
technical assistance resources relevant to the regulatory structure of the
legal cannabis industry and for providing such technical assistance or
navigation services to farmers.
(b) The office must award grants to
eligible organizations through a competitive grant process.
(c) To receive grant money, an eligible
organization must submit a written application to the office, using a form
developed by the office, explaining the organization's ability to assist
farmers in navigating the regulatory structure of the legal cannabis industry,
particularly farmers facing barriers to education or employment.
(d) An eligible organization's grant
application must also include:
(1) a description of the proposed
technical assistance or navigation services, including the types of farmers
targeted for assistance;
(2) any evidence of the organization's
past success in providing technical assistance or navigation services to
farmers, particularly farmers who live in areas where long-term residents are
eligible to be social equity applicants;
(3) an estimate of the cost of providing
the technical assistance;
(4) the sources and amounts of any
nonstate funds or in-kind contributions that will supplement grant money,
including any amounts that farmers will be charged to receive assistance; and
(5) any additional information
requested by the office.
(e) In awarding grants under this
subdivision, the office shall give weight to applications from organizations
that demonstrate a history of successful technical assistance or navigation
services, particularly for farmers facing barriers to education or employment. The office shall also give weight to
applications where the proposed technical assistance will serve areas where
long-term residents are eligible to be social equity applicants. The office shall fund technical assistance to
farmers throughout the state.
Subd. 4. Loan
financing grants. (a) The
office shall establish a revolving loan account to make loan financing grants
under the CanGrow program.
(b) The office must award grants to nonprofit
corporations through a competitive grant process. When selecting grant recipients under this
subdivision, the office must utilize the expertise of an employee of the office
who is experienced in agricultural business development.
(c) To receive grant money, a nonprofit
corporation must submit a written application to the office using a form
developed by the office.
(d) In awarding grants under this
subdivision, the office shall give weight to whether the nonprofit corporation:
(1) has a board of directors that
includes individuals experienced in agricultural business development;
(2) has the technical skills to analyze
projects;
(3) is familiar with other available
public and private funding sources and economic development programs;
(4) can initiate and implement economic
development projects;
(5) can establish and administer a
revolving loan account; and
(6) has established relationships with
communities where long-term residents are eligible to be social equity
applicants.
The office shall make grants that will help farmers enter
the legal cannabis industry throughout the state.
(e) A nonprofit corporation that receives grants under the program must:
(1) establish an office-certified
revolving loan account for the purpose of making eligible loans; and
(2) enter into an agreement with the
office that the office shall fund loans that the nonprofit corporation makes to
farmers entering the legal cannabis industry.
The office shall review existing agreements with nonprofit corporations
every five years and may renew or terminate an agreement based on that review. In making this review, the office shall
consider, among other criteria, the criteria in paragraph (d).
Subd. 5. Loans
to farmers. (a) The criteria
in this subdivision apply to loans made by nonprofit corporations under the
program.
(b) A loan must be used to support a
farmer in entering the legal cannabis industry.
Priority must be given to loans to businesses owned by farmers who are
eligible to be social equity applicants and businesses located in communities
where long-term residents are eligible to be social equity applicants.
(c) Loans must be made to businesses
that are not likely to undertake the project for which loans are sought without
assistance from the program.
(d) The minimum state
contribution to a loan is $2,500 and the maximum is either:
(1) $50,000; or
(2) $150,000, if state contributions are
matched by an equal or greater amount of new private investment.
(e) Loan applications given preliminary approval by the nonprofit corporation must be forwarded to the office for approval. The office must give final approval for each loan made by the nonprofit corporation under the program.
(f) If the borrower has met lender
criteria, including being current with all payments for a minimum of three
years, the office may approve either full or partial forgiveness of interest or
principal amounts.
Subd. 6. Revolving
loan account administration. (a)
The office shall establish a minimum interest rate for loans or guarantees to
ensure that necessary loan administration costs are covered. The interest rate charged by a nonprofit
corporation for a loan under this section must not exceed the Wall Street
Journal prime rate. For a loan under
this section, the nonprofit corporation may charge a loan origination fee equal
to or less than one percent of the loan value.
The nonprofit corporation may retain the amount of the origination fee.
(b) Loan repayment of principal must be
paid to the office for deposit in the revolving loan account. Loan interest payments must be deposited in a
revolving loan account created by the nonprofit corporation originating the
loan being repaid for further distribution or use, consistent with the criteria
of this section.
(c) Administrative expenses of the
nonprofit corporations with whom the office enters into agreements, including
expenses incurred by a nonprofit corporation in providing financial, technical,
managerial, and marketing assistance to a business receiving a loan under this
section, are eligible program expenses that the office may agree to pay under
the grant agreement.
Subd. 7. Program
outreach. The office shall
make extensive efforts to publicize these grants, including through partnerships
with community organizations, particularly those located in areas where
long-term residents are eligible to be social equity applicants.
Subd. 8. Reporting
requirements. (a) A nonprofit
corporation that receives a grant under subdivision 4 shall:
(1) submit an annual report to the
office by January 15 of each year that the nonprofit corporation participates
in the program that includes a description of agricultural businesses supported
by the grant program, an account of loans made during the calendar year, the
program's impact on farmers' ability to expand into the legal cannabis
industry, the source and amount of money collected and distributed by the
program, the program's assets and liabilities, and an explanation of
administrative expenses; and
(2) provide for an independent annual
audit to be performed in accordance with generally accepted accounting
practices and auditing standards and submit a copy of each annual audit report
to the office.
(b) By February 15, 2024, and each
February 15 thereafter, the office must submit a report to the chairs and
ranking minority members of the committees of the house of representatives and
the senate having jurisdiction over agriculture that details awards given
through the CanGrow program and the use of grant money, including any measures
of success toward helping farmers enter the legal cannabis industry.
Sec. 71. [342.79]
SUBSTANCE USE DISORDER ADVISORY COUNCIL.
Subdivision 1. Establishment. The Substance Use Disorder Advisory
Council is established to develop and implement a comprehensive and effective
statewide approach to substance use disorder prevention and treatment. The council shall:
(1) establish priorities to
address public education and substance use disorder prevention and treatment
needs;
(2) make recommendations to the
legislature on the amount of money to be allocated for substance use disorder
prevention and treatment initiatives;
(3) make recommendations to the
commissioner of human services on grant and funding options for money
appropriated from the general fund to the commissioner of human services for
substance use disorder prevention and treatment;
(4) recommend to the commissioner of
human services specific programs, projects, and initiatives to be funded; and
(5) consult with the commissioners of
human services, health, and management and budget to develop measurable
outcomes to determine the effectiveness of programs, projects, and initiatives
funded.
Subd. 2. Membership. (a) The council shall consist of the
following members, appointed by the commissioner of human services, except as
otherwise specified:
(1) two members of the house of
representatives, one from the majority party appointed by the speaker and one
from the minority party appointed by the minority leader of the house of
representatives;
(2) two members of the senate, one from
the majority party appointed by the senate majority leader and one from the
minority party appointed by the senate minority leader;
(3) the commissioner of human services
or a designee;
(4) the director of the Office of
Cannabis Management or a designee;
(5) two members representing substance
use disorder treatment programs licensed under chapter 245G;
(6) one public member who is a Minnesota
resident and in recovery from a substance use disorder;
(7) one public member who is a family
member of a person with a substance use disorder;
(8) one member who is a physician with
experience in substance use disorders;
(9) one member who is a licensed
psychologist, licensed professional clinical counselor, licensed marriage and
family therapist, or licensed social worker;
(10) one member of each federally
recognized Tribal Nation within the geographical boundaries of the state of
Minnesota;
(11) one mental health advocate
representing persons with mental illness;
(12) one member representing county
social services agencies;
(13) one patient advocate;
(14) a representative from a community
that experienced a disproportionate, negative impact from cannabis prohibition;
(15) one veteran; and
(16) one parent of a medical
cannabis patient who is under age 21.
(b) The commissioner of human services
shall coordinate appointments to ensure the geographic diversity of council
members and shall ensure that at least one-third of council members reside
outside of the seven-county metropolitan area.
(c) The council is governed by section
15.059, except that members of the council shall receive no compensation other
than reimbursement for expenses. Notwithstanding
section 15.059, subdivision 6, the council shall not expire.
(d) The chair shall convene the council
on a quarterly basis and may convene other meetings as necessary. The chair shall convene meetings at different
locations in the state to provide geographic access to members of the public.
(e) The commissioner of human services
shall provide staff and administrative services for the advisory council.
(f) The council is subject to chapter
13D.
Subd. 3. Report
and grants. (a) The
commissioner of human services shall submit a report of the grants and funding
recommended by the advisory council to be awarded for the upcoming fiscal year
to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and finance by March 1 of
each year, beginning March 1, 2024.
(b) When awarding grants, the commissioner of human services shall consider the programs, projects, and initiatives recommended by the council that address the priorities established by the council, unless otherwi