STATE
OF MINNESOTA
Journal of the
House
NINETY-FOURTH SESSION - 2025
_____________________
THIRTIETH LEGISLATIVE DAY
Saint Paul, Minnesota, Monday, May
5, 2025
The House of Representatives convened at
11:00 a.m. and was called to order by Lisa Demuth, Speaker of the House.
Prayer was offered by the Reverend Dr.
Bryan Allen Demeritte, Dakota Unitarian Universalist Church, Eagan, 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
Allen
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
A quorum was present.
Anderson, P. H. was excused until 3:20 p.m.
Bliss was excused until 3:30 p.m.
Pursuant to Rule 10.05, relating to Remote
House Operations, the DFL Caucus Leader permitted the following member to vote
via remote means between the hours of 11:00 a.m. and 3:20 p.m.: Berg.
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.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 1,
2025
The
Honorable Lisa Demuth
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Demuth:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House File:
H. F. No. 1355, relating to occupational safety; requiring holders of permits to harvest or destroy aquatic plants to safely use scuba diving equipment; establishing requirements for commercial diving operations.
Sincerely,
Tim
Walz
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Lisa Demuth
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
I have the honor to inform you that the
following enrolled Act of the 2025 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2025 |
Date Filed 2025 |
1355 8 11:42
a.m. May 1 May 1
Sincerely,
Steve
Simon
Secretary
of State
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Stephenson and Torkelson from the Committee on Ways and Means to which was referred:
H. F. No. 2442, A bill for an act relating to energy; appropriating money to the Petroleum Tank Release Compensation Board.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
CLIMATE AND ENERGY FINANCE
|
Section 1. APPROPRIATIONS. |
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund, or another named fund, and
are available for the fiscal years indicated for each purpose. The figures "2026" and
"2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027,
respectively. "The first year"
is fiscal year 2026. "The second year"
is fiscal year 2027. "The
biennium" is fiscal years 2026 and 2027.
If an appropriation in this article is enacted more than once in the
2025 regular or a special legislative session, the appropriation must be given
effect only once.
|
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APPROPRIATIONS |
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Available for the
Year |
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Ending June 30 |
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2026 |
2027 |
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Sec. 2. DEPARTMENT
OF COMMERCE |
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Subdivision 1. Total
Appropriation |
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$15,343,000 |
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$15,343,000 |
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Appropriations by Fund |
||
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2026 |
2027 |
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General |
14,246,000 |
14,246,000 |
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Petroleum Tank |
1,097,000
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1,097,000
|
The
amounts that may be spent for each purpose are specified in the following
subdivisions.
|
Subd. 2. Energy
Resources |
|
14,246,000 |
|
14,246,000 |
(a) $150,000 the first year
and $150,000 the second year are to remediate vermiculite insulation from
households that are eligible for weatherization assistance under Minnesota's
weatherization assistance program state plan under Minnesota Statutes, section
216C.264. Remediation must be performed
in conjunction with federal weatherization assistance program services.
(b) $189,000 each year is
for activities associated with a utility's implementation of a natural gas
innovation plan under Minnesota Statutes, section 216B.2427.
(c) $3,199,000 each year is
for weatherization and preweatherization work to serve additional households
and allow for services that would otherwise be denied due to current federal
limitations related to the federal weatherization assistance program. Money under this paragraph is transferred
from the general fund to the preweatherization account in the special revenue
fund under Minnesota Statutes, section 216C.264, subdivision 1c.
(d) $500,000 each year is
for a grant to the clean energy resource teams under Minnesota Statutes,
section 216C.385, subdivision 2, to provide additional capacity to perform the
duties specified under Minnesota Statutes, section 216C.385, subdivision 3. This appropriation may be used to reimburse
the reasonable costs incurred by the department to administer the grant.
(e) $301,000 each year is
to implement energy benchmarking under Minnesota Statutes, section 216C.331.
(f) $164,000 each year is
for activities associated with a public utility's filing a transportation
electrification plan under Minnesota Statutes, section 216B.1615.
(g) $77,000 each year is
for activities associated with appeals of consumer complaints to the commission
under Minnesota Statutes, section 216B.172.
(h) $961,000 each year is
for activities required under Minnesota Statutes, section 216B.1641, for
community solar gardens. This
appropriation must be assessed directly to the public utility subject to
Minnesota Statutes, section 116C.779.
(i) $46,000 each year is
for work to align energy transmission and distribution planning activities with
opportunities along trunk highway rights-of-way.
(j)
$265,000 each year is to (1) participate in a Minnesota Public Utilities
Commission proceeding to review electric transmission line owners' plans to
deploy grid-enhancing technologies, and (2) issue an order to implement the
plans. The base in fiscal year 2028 is
$0.
The general fund base is
$13,981,000 in fiscal year 2028 and $13,981,000 in fiscal year 2029.
|
Subd. 3. Petroleum Tank Release Compensation Board |
1,097,000 |
|
1,097,000 |
This appropriation is from
the petroleum tank fund.
|
Sec. 3. PUBLIC
UTILITIES COMMISSION |
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$11,551,000 |
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$11,396,000 |
ARTICLE 2
RENEWABLE DEVELOPMENT ACCOUNT APPROPRIATIONS
|
Section 1. RENEWABLE
DEVELOPMENT FINANCE. |
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1,
paragraph (j), the appropriations are from the renewable development account in
the special revenue fund established in Minnesota Statutes, section 116C.779,
subdivision 1, and are available for the fiscal years indicated for each
purpose. The figures "2026"
and "2027" used in this article mean that the appropriations listed
under them are available for the fiscal year ending June 30, 2026, or June 30,
2027, respectively. "The first
year" is fiscal year 2026. "The
second year" is fiscal year 2027. "The
biennium" is fiscal years 2026 and 2027.
If an appropriation in this article is enacted more than once in the
2025 regular or special legislative session, the appropriation must be given
effect only once.
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APPROPRIATIONS |
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Available for the
Year |
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Ending June 30 |
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2026 |
2027 |
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Sec. 2. DEPARTMENT
OF COMMERCE |
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Subdivision 1. Total
Appropriation |
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$500,000 |
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$100,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
|
Subd. 2. "Made
in Minnesota" Administration |
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|
$100,000 each year is to
administer the "Made in Minnesota" solar energy production incentive
program under Minnesota Statutes, section 216C.417. Any unobligated amount remaining on June 30,
2027, cancels to the renewable development account.
|
Subd. 3. Microgrid Research and Application |
|
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|
|
$400,000 the first year is
for a grant to the University of St. Thomas Center for Microgrid Research,
which must be used to:
(1) increase the center's
capacity to provide industry partners with opportunities to test
near-commercial microgrid products on a real‑world scale and to multiply
opportunities for innovative research;
(2) procure advanced
equipment and controls to enable the extension of the university's microgrid to
additional buildings; and
(3) expand (i) hands-on
educational opportunities for undergraduate and graduate electrical engineering
students to increase understanding of microgrid operations, and (ii)
partnerships with community colleges.
|
Sec. 3. DEPARTMENT
OF ADMINISTRATION |
|
$92,000 |
|
$92,000 |
$92,000 each year is for software and administrative costs associated with the state building energy conservation improvement revolving loan program under Minnesota Statutes, section 16B.87."
Delete the title and insert:
"A bill for an act relating to energy; appropriating money for energy and renewable development account programs and activities."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 2442 was read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Kresha introduced:
H. F. No. 3289, A bill for an act relating to natural resources; modifying wetland replacement ratios; amending Minnesota Statutes 2024, sections 103G.222, subdivision 1; 103G.2242, subdivision 12; 103G.2243, subdivision 2.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.
H. F. No. 3290, A bill for an act relating to automobile insurance; expanding premium reductions for accident prevention course completion to all insureds; amending Minnesota Statutes 2024, section 65B.28, subdivisions 1, 2, 4.
The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.
Howard and Hicks introduced:
H. F. No. 3291, A bill for an act relating to human rights; clarifying conduct deemed discriminatory by a place of public accommodation; amending Minnesota Statutes 2024, section 363A.11, subdivisions 2, 3.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.
Howard, Greenman, Moller, Kozlowski, Kraft, Virnig, Norris, Greene, Rehrauer, Falconer, Jordan, Bierman, Hollins and Berg introduced:
H. F. No. 3292, A bill for an act relating to state government; requiring a study of the economic impact of tariffs on Minnesotans; appropriating money.
The bill was read for the first time and referred to the Committee on State Government Finance and Policy.
Howard; Greenman; Moller; Kozlowski; Kraft; Jones; Carroll; Norris; Rehrauer; Greene; Falconer; Coulter; Jordan; Lee, K.; Bierman; Hollins; Kotyza-Witthuhn; Berg; Smith and Hanson, J., introduced:
H. F. No. 3293, A bill for an act relating to commerce; creating the Minnesota Consumer Financial Protection Bureau; appropriating money; amending Minnesota Statutes 2024, sections 10.65, subdivision 2; 15A.0815, subdivision 2; 43A.08, subdivision 1a; proposing coding for new law as Minnesota Statutes, chapter 45B.
The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.
Noor; Howard; Reyer; Kozlowski; Curran; Tabke; Moller; Liebling; Acomb; Finke; Sencer-Mura; Her; Rehm; Greenman; Klevorn; Johnson, P.; Jones; Carroll; Virnig; Rehrauer; Greene; Norris; Falconer; Youakim; Coulter; Jordan; Pérez-Vega; Kraft; Bierman; Lee, K.; Hollins; Kotyza-Witthuhn; Berg; Smith and Hanson, J., introduced:
H. F. No. 3294, A resolution urging the President and Congress to fully fund Medicaid and oppose harmful cuts to this crucial and much-needed program.
The bill was read for the first time and referred to the Committee on Health Finance and Policy.
Gordon introduced:
H. F. No. 3295, A bill for an act relating to Open Meeting Law; authorizing meeting broadcasting through social media; amending Minnesota Statutes 2024, section 13D.065.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.
H. F. No. 3296, A bill for an act relating to energy; excluding data centers from gross annual retail energy sales for energy conservation and optimization purposes; amending Minnesota Statutes 2024, section 216B.2402, subdivision 10, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Energy Finance and Policy.
Schultz introduced:
H. F. No. 3297, A bill for an act relating to drivers' licenses; requiring proof of lawful presence in the United States to obtain driver's license or identification card; amending Minnesota Statutes 2024, sections 171.04, subdivision 1; 171.06, subdivisions 1, 3, 8; 171.07, subdivisions 1, 3; 171.12, subdivisions 7a, 11; 171.1205.
The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.
Mekeland, Joy and Tabke introduced:
H. F. No. 3298, A bill for an act relating to energy; establishing reimbursement program for underground petroleum storage tank systems with pressurized single-walled steel piping; amending Minnesota Statutes 2024, sections 115C.08, subdivision 4; 115C.09, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Energy Finance and Policy.
Niska moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2432:
Novotny, Moller, Scott and Liebling.
REPORT
FROM THE COMMITTEE ON RULES
AND
LEGISLATIVE ADMINISTRATION
Niska from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bill to be placed on the Calendar for the Day for Wednesday, May 7,
2025 and established a prefiling requirement for amendments offered to the
following bill:
H. F. No. 2442.
CALENDAR FOR
THE DAY
S. F. No. 2370 was reported
to the House.
Stephenson moved to amend S. F. No. 2370, the second engrossment, as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 1615, the first engrossment:
"ARTICLE 1
MEDICAL CANNABIS
Section 1. Minnesota Statutes 2024, section 152.22, subdivision 4, is amended to read:
Subd. 4. Health
care practitioner. "Health care
practitioner" means a Minnesota licensed Minnesota-licensed
doctor of medicine, a Minnesota licensed Minnesota-licensed
physician assistant acting within the scope of authorized practice, or a
Minnesota licensed 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 a person an individual diagnosed with a qualifying
medical condition.
Sec. 2. Minnesota Statutes 2024, section 152.22, subdivision 7, is amended to read:
Subd. 7. Medical
cannabis manufacturer. "Medical
cannabis manufacturer" or "manufacturer" means an entity
registered by the commissioner office to cultivate, acquire,
manufacture, possess, prepare, transfer, transport, supply, or dispense medical
cannabis, delivery devices, or related supplies and educational materials.
Sec. 3. Minnesota Statutes 2024, section 152.22, subdivision 10, is amended to read:
Subd. 10. Patient
registry number. "Patient
registry number" means a unique identification number assigned by the commissioner
office to a patient enrolled in the registry program.
Sec. 4. Minnesota Statutes 2024, section 152.22, subdivision 13, is amended to read:
Subd. 13. Registry
verification. "Registry
verification" means the verification provided by the commissioner office
that a patient is enrolled in the registry program and that includes the
patient's name, registry number, and, if applicable, the name of the patient's
registered designated caregiver or parent, legal guardian, or spouse.
152.24
FEDERALLY APPROVED CLINICAL TRIALS.
The commissioner office may
prohibit enrollment of a patient in the registry program if the patient is
simultaneously enrolled in a federally approved clinical trial for the
treatment of a qualifying medical condition with medical cannabis. The commissioner office shall
provide information to all 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 as an alternative
to enrollment in the patient registry program.
Sec. 6. Minnesota Statutes 2024, section 152.25, is amended to read:
152.25
COMMISSIONER OFFICE DUTIES.
Subdivision 1. Medical
cannabis manufacturer registration. (a)
The commissioner office shall register two in-state manufacturers
for the production of all medical cannabis within the state. A registration agreement between the commissioner
office and a manufacturer is nontransferable. The commissioner office shall
register new manufacturers or reregister the existing manufacturers by December
1 every two years, using the factors described in this subdivision. The commissioner office shall
accept applications after December 1, 2014, if one of the manufacturers
registered before December 1, 2014, ceases to be registered as a manufacturer. The commissioner's office's
determination that no manufacturer exists to fulfill the duties under sections
152.22 to 152.37 is subject to judicial review in Ramsey County District Court. Data submitted during the application process
are private data on individuals or nonpublic data as defined in section 13.02
until the manufacturer is registered under this section. Data on a manufacturer that is registered are
public data, unless the data are trade secret or security information under
section 13.37.
(b) As a condition for registration, a manufacturer must agree to:
(1) begin supplying medical cannabis to patients by July 1, 2015; and
(2) comply with all requirements under sections 152.22 to 152.37.
(c) The commissioner office
shall consider the following factors when determining which manufacturer to
register:
(1) the technical expertise of the manufacturer in cultivating medical cannabis and converting the medical cannabis into an acceptable delivery method under section 152.22, subdivision 6;
(2) the qualifications of the manufacturer's employees;
(3) the long-term financial stability of the manufacturer;
(4) the ability to provide appropriate security measures on the premises of the manufacturer;
(5) whether the manufacturer has demonstrated an ability to meet the medical cannabis production needs required by sections 152.22 to 152.37; and
(6) the manufacturer's projection and ongoing assessment of fees on patients with a qualifying medical condition.
(e) The commissioner office
shall require each medical cannabis manufacturer to contract with an
independent laboratory to test medical cannabis produced by the manufacturer. The commissioner office shall
approve the laboratory chosen by each manufacturer and require that the
laboratory report testing results to the manufacturer in a manner determined by
the commissioner office.
Subd. 1a. Revocation
or nonrenewal of a medical cannabis manufacturer registration. If the commissioner office
intends to revoke or not renew a registration issued under this section, the commissioner
office must first notify in writing the manufacturer against whom the
action is to be taken and provide the manufacturer with an opportunity to
request a hearing under the contested case provisions of chapter 14. If the manufacturer does not request a
hearing by notifying the commissioner office in writing within 20
days after receipt of the notice of proposed action, the commissioner office
may proceed with the action without a hearing.
For revocations, the registration of a manufacturer is considered
revoked on the date specified in the commissioner's office's
written notice of revocation.
Subd. 1b. Temporary
suspension proceedings. The commissioner
office may institute proceedings to temporarily suspend the registration
of a medical cannabis manufacturer for a period of up to 90 days by notifying
the manufacturer in writing if any action by an employee, agent, officer,
director, or controlling person of the manufacturer:
(1) violates any of the requirements of sections 152.22 to 152.37 or the rules adopted thereunder;
(2) permits, aids, or abets the commission of any violation of state law at the manufacturer's location for cultivation, harvesting, manufacturing, packaging, and processing or at any site for distribution of medical cannabis;
(3) performs any act contrary to the welfare of a registered patient or registered designated caregiver; or
(4) obtains, or attempts to obtain, a registration by fraudulent means or misrepresentation.
Subd. 1c. Notice
to patients. Upon the revocation or
nonrenewal of a manufacturer's registration under subdivision 1a or
implementation of an enforcement action under subdivision 1b that may affect
the ability of a registered patient, registered designated caregiver, or a
registered patient's parent, legal guardian, or spouse to obtain medical
cannabis from the manufacturer subject to the enforcement action, the commissioner
office shall notify in writing each registered patient and the patient's
registered designated caregiver or registered patient's parent, legal guardian,
or spouse about the outcome of the proceeding and information regarding
alternative registered manufacturers. This
notice must be provided two or more business days prior to the effective date
of the revocation, nonrenewal, or other enforcement action.
Subd. 2. Range of compounds and dosages; report. The office shall review and publicly report the existing medical and scientific literature regarding the range of recommended dosages for each qualifying condition and the range of chemical compositions of any plant of the genus cannabis that will likely be medically beneficial for each of the qualifying medical conditions. The office shall make this information available to patients with qualifying medical conditions beginning December 1, 2014, and update the information every three years. The office may consult with the independent laboratory under contract with the manufacturer or other experts in reporting the range
Subd. 3. Deadlines. The commissioner office
shall adopt rules necessary for the manufacturer to begin distribution of
medical cannabis to patients under the registry program by July 1, 2015, and
have notice of proposed rules published in the State Register prior to January
1, 2015.
Subd. 4. Reports. (a) The commissioner office
shall provide regular updates to the task force on medical cannabis
therapeutic research and to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services, public
safety, judiciary, and civil law Cannabis Advisory Council under section
342.03 regarding: (1) any changes in
federal law or regulatory restrictions regarding the use of medical cannabis or
hemp; and (2) the market demand and supply in this state for products made from
hemp that can be used for medicinal purposes.
(b) The commissioner office
may submit medical research based on the data collected under sections 152.22
to 152.37 to any federal agency with regulatory or enforcement authority over
medical cannabis to demonstrate the effectiveness of medical cannabis for
treating a qualifying medical condition.
Sec. 7. Minnesota Statutes 2024, section 152.26, is amended to read:
152.26
RULEMAKING.
(a) The commissioner office
may adopt rules to implement sections 152.22 to 152.37. Rules for which notice is published in the
State Register before January 1, 2015, may be adopted using the process in
section 14.389.
(b) The commissioner office
may adopt or amend rules, using the procedure in section 14.386, paragraph (a),
to implement the addition of dried raw cannabis as an allowable form of medical
cannabis under section 152.22, subdivision 6, paragraph (a), clause (4). Section 14.386, paragraph (b), does not apply
to these rules.
Sec. 8. Minnesota Statutes 2024, section 152.261, is amended to read:
152.261
RULES; ADVERSE INCIDENTS.
(a) The commissioner of health office
shall adopt rules to establish requirements for reporting incidents when
individuals who are not authorized to possess medical cannabis under sections
152.22 to 152.37 are found in possession of medical cannabis. The rules must identify professionals
required to report, the information they are required to report, and actions
the reporter must take to secure the medical cannabis.
(b) The commissioner of health office
shall adopt rules to establish requirements for law enforcement officials and
health care professionals to report incidents involving an overdose of medical
cannabis to the commissioner of health office.
(c) Rules must include the method by which
the commissioner office will collect and tabulate reports of
unauthorized possession and overdose.
Subd. 2. Office duties. (a) The office shall:
(1) give notice of the program to health
care practitioners in the state who are eligible to serve as health care
practitioners and explain the purposes and requirements of the program;
(2) allow each health care practitioner who
meets or agrees to meet the program's requirements and who requests to
participate, to be included in the registry program to collect data for the
patient registry;
(3) provide explanatory information and assistance to each health care practitioner in understanding the nature of therapeutic use of medical cannabis within program requirements;
(4) create and provide a certification to be used by a health care practitioner for the practitioner to certify whether a patient has been diagnosed with a qualifying medical condition;
(5) supervise the participation of the health care practitioner in conducting patient treatment and health records reporting in a manner that ensures stringent security and record-keeping requirements and that prevents the unauthorized release of private data on individuals as defined by section 13.02;
(6) develop safety criteria for patients with a qualifying medical condition as a requirement of the patient's participation in the program, to prevent the patient from undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice on the part of the patient; and
(7) conduct research and studies based on data from health records submitted to the registry program and submit reports on intermediate or final research results to the legislature and major scientific journals. The office may contract with a third party to complete the requirements of this clause. Any reports submitted must comply with section 152.28, subdivision 2.
(b) The office may add a delivery method under section 152.22, subdivision 6, upon a petition from a member of the public or the Cannabis Advisory Council under section 342.03 or as directed by law. If the office wishes to add a delivery method under section 152.22, subdivision 6, the office must notify the chairs and ranking minority members of the legislative policy committees having jurisdiction over health and public safety of the addition and the reasons for its addition, including any written comments received by the office from the public and any guidance received from the Cannabis Advisory Council under section 342.03, by January 15 of the year in which the office wishes to make the change. The change shall be effective on August 1 of that year, unless the legislature by law provides otherwise.
Sec. 10. Minnesota Statutes 2024, section 152.27, subdivision 7, is amended to read:
Subd. 7. Notice
requirements. Patients and
registered designated caregivers shall notify the commissioner office
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 commissioner office
of the change.
Sec. 11. Minnesota Statutes 2024, section 152.28, subdivision 1, is amended to read:
Subdivision 1. Health care practitioner duties. (a) Prior to a patient's enrollment in the registry program, a health care practitioner shall:
(1) determine, in the health care practitioner's medical judgment, whether a patient suffers from 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, or spouses who are acting as caregivers of the existence of any nonprofit patient support groups or organizations;
(4) agree to continue treatment of the patient's qualifying medical condition and report medical findings to the office.
(b) Upon notification from the office of the patient's enrollment in the registry program, the health care practitioner shall:
(1) participate in the patient registry reporting system under the guidance and supervision of the office;
(2) report health records of the patient
throughout the ongoing treatment of the patient to the office in a manner
determined by the commissioner office and in accordance with
subdivision 2;
(3) determine, every three years, if the patient continues to suffer from a qualifying medical condition and, if so, issue the patient a new certification of that diagnosis; and
(4) otherwise comply with all requirements developed by the office.
(c) A health care practitioner may utilize telehealth, as defined in section 62A.673, subdivision 2, for certifications and recertifications.
(d) Nothing in this section requires a health care practitioner to participate in the registry program.
Sec. 12. Minnesota Statutes 2024, section 152.28, subdivision 3, is amended to read:
Subd. 3. Advertising restrictions. (a) A health care practitioner shall not publish or cause to be published any advertisement that:
(1) contains false or misleading statements about medical cannabis or about the medical cannabis registry program;
(2) uses colloquial terms to refer to medical cannabis, such as pot, weed, or grass;
(3) states or implies the health care
practitioner is endorsed by the Department of Health office or by
the medical cannabis registry program;
(4) includes images of cannabis in its plant or leaf form or of cannabis-smoking paraphernalia; 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 commissioner 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. The commissioner's office's
decision that a health care practitioner has violated this subdivision is a
final decision of the commissioner office and is not subject to
the contested case procedures in chapter 14.
Subdivision 1. Manufacturer;
requirements. (a) A manufacturer may
operate eight distribution facilities, which may include the manufacturer's
single location for cultivation, harvesting, manufacturing, packaging, and
processing but is not required to include that location. The commissioner office shall
designate the geographical service areas to be served by each manufacturer
based on geographical need throughout the state to improve patient access. A manufacturer shall not have more than two
distribution facilities in each geographical service area assigned to the
manufacturer by the commissioner office. A manufacturer shall operate only one
location where all cultivation, harvesting, manufacturing, packaging, and
processing of medical cannabis shall be conducted. This location may be one of the
manufacturer's distribution facility sites.
The additional distribution facilities may dispense medical cannabis and
medical cannabis products but may not contain any medical cannabis in a form
other than those forms allowed under section 152.22, subdivision 6, and the
manufacturer shall not conduct any cultivation, harvesting, manufacturing,
packaging, or processing at the other distribution facility sites. Any distribution facility operated by the
manufacturer is subject to all of the requirements applying to the manufacturer
under sections 152.22 to 152.37, including, but not limited to, security and
distribution requirements.
(b) A manufacturer may acquire hemp grown in this state from a hemp grower, and may acquire hemp products produced by a hemp processor. A manufacturer may manufacture or process hemp and hemp products into an allowable form of medical cannabis under section 152.22, subdivision 6. Hemp and hemp products acquired by a manufacturer under this paragraph are subject to the same quality control program, security and testing requirements, and other requirements that apply to medical cannabis under sections 152.22 to 152.37 and Minnesota Rules, chapter 4770.
(c) A medical cannabis manufacturer shall
contract with a laboratory approved by the commissioner office,
subject to any additional requirements set by the commissioner office,
for purposes of testing medical cannabis manufactured or hemp or hemp products
acquired by the medical cannabis manufacturer as to content, contamination, and
consistency to verify the medical cannabis meets the requirements of section
152.22, subdivision 6. The cost of
laboratory testing shall be paid by the manufacturer.
(d) The operating documents of a manufacturer must include:
(1) procedures for the oversight of the manufacturer and procedures to ensure accurate record keeping;
(2) procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing medical cannabis; and
(3) procedures for the delivery and transportation of hemp between hemp growers and manufacturers and for the delivery and transportation of hemp products between hemp processors and manufacturers.
(e) A manufacturer shall implement security requirements, including requirements for the delivery and transportation of hemp and hemp products, protection of each location by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system.
(f) A manufacturer shall not share office space with, refer patients to a health care practitioner, or have any financial relationship with a health care practitioner.
(g) A manufacturer shall not permit any person to consume medical cannabis on the property of the manufacturer.
(h) A manufacturer is subject to reasonable
inspection by the commissioner office.
(i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.
(k) A manufacturer may not operate in any
location, whether for distribution or cultivation, harvesting, manufacturing,
packaging, or processing, within 1,000 feet of a public or private school
existing before the date of the manufacturer's registration with the commissioner
office.
(l) A manufacturer shall comply with
reasonable restrictions set by the commissioner office relating
to signage, marketing, display, and advertising of medical cannabis.
(m) Before a manufacturer acquires hemp from a hemp grower or hemp products from a hemp processor, the manufacturer must verify that the hemp grower or hemp processor has a valid license issued by the commissioner of agriculture under chapter 18K.
(n) Until a state-centralized, seed-to-sale
system is implemented that can track a specific medical cannabis plant from
cultivation through testing and point of sale, the commissioner office
shall conduct at least one unannounced inspection per year of each manufacturer
that includes inspection of:
(1) business operations;
(2) physical locations of the manufacturer's manufacturing facility and distribution facilities;
(3) financial information and inventory documentation, including laboratory testing results; and
(4) physical and electronic security alarm systems.
Sec. 14. Minnesota Statutes 2024, section 152.29, subdivision 2, is amended to read:
Subd. 2. Manufacturer; production. (a) A manufacturer of medical cannabis shall provide a reliable and ongoing supply of all medical cannabis needed for the registry program through cultivation by the manufacturer and through the purchase of hemp from hemp growers.
(b) All cultivation, harvesting,
manufacturing, packaging, and processing of medical cannabis must take place in
an enclosed, locked facility at a physical address provided to the commissioner
office during the registration process.
(c) A manufacturer must process and prepare any medical cannabis plant material or hemp plant material into a form allowable under section 152.22, subdivision 6, prior to distribution of any medical cannabis.
Sec. 15. Minnesota Statutes 2024, section 152.29, subdivision 3a, is amended to read:
Subd. 3a. Transportation
of medical cannabis; transport staffing.
(a) A medical cannabis manufacturer may staff a transport motor
vehicle with only one employee if the medical cannabis manufacturer is
transporting medical cannabis to either a certified laboratory for the purpose
of testing or a facility for the purpose of disposal. If the medical cannabis manufacturer is
transporting medical cannabis for any other purpose or destination, the
transport motor vehicle must be staffed with a minimum of two employees as
required by rules adopted by the commissioner office.
(c) A medical cannabis manufacturer may
contract with a third party for armored car services for deliveries of medical
cannabis from its production facility to distribution facilities. A medical cannabis manufacturer that
contracts for armored car services remains responsible for the transportation
manifest and inventory tracking requirements in rules adopted by the commissioner
office.
(d) Department of Health Office
staff may transport medical cannabis for the purposes of delivering medical
cannabis and other samples to a laboratory for testing under rules adopted by
the commissioner office and in cases of special investigations
when the commissioner office has determined there is a potential
threat to public health. The transport
motor vehicle must be staffed with a minimum of two Department of Health
office employees. The employees
must carry with them their Department of Health office
identification card and a transport manifest.
Sec. 16. Minnesota Statutes 2024, section 152.29, subdivision 4, is amended to read:
Subd. 4. Report. (a) Each manufacturer shall report to the
commissioner office on a monthly basis the following information
on each individual patient for the month prior to the report:
(1) the amount and dosages of medical cannabis distributed;
(2) the chemical composition of the medical cannabis; and
(3) the tracking number assigned to any medical cannabis distributed.
(b) For transactions involving Tribal
medical cannabis program patients, each manufacturer shall report to the commissioner
office on a weekly basis the following information on each individual
Tribal medical cannabis program patient for the week prior to the report:
(1) the name of the Tribal medical cannabis program in which the Tribal medical cannabis program patient is enrolled;
(2) the amount and dosages of medical cannabis distributed;
(3) the chemical composition of the medical cannabis distributed; and
(4) the tracking number assigned to the medical cannabis distributed.
Sec. 17. Minnesota Statutes 2024, section 152.31, is amended to read:
152.31
DATA PRACTICES.
(a) Government data in patient files
maintained by the commissioner office and the health care
practitioner, and data submitted to or by a medical cannabis manufacturer, are
private data on individuals, as defined in section 13.02, subdivision 12, or
nonpublic data, as defined in section 13.02, subdivision 9, but may be used for
purposes of complying with chapter 13 and complying with a request from the
legislative auditor or the state auditor in the performance of official duties. The provisions of section 13.05, subdivision
11, apply to a registration agreement entered between the commissioner office
and a medical cannabis manufacturer under section 152.25.
(b) Not public data maintained by the commissioner
office may not be used for any purpose not provided for in sections
152.22 to 152.37, and may not be combined or linked in any manner with any
other list, dataset, or database.
Sec. 18. Minnesota Statutes 2024, section 152.32, subdivision 2, is amended to read:
Subd. 2. Criminal and civil protections. (a) Subject to section 152.23, the following are not violations under this chapter:
(1) use or possession of medical cannabis or medical cannabis products by a patient enrolled in the registry program; possession by a registered designated caregiver or the parent, legal guardian, or spouse of a patient if the parent, legal guardian, or spouse is listed on the registry verification; or use or possession of medical cannabis or medical cannabis products by a Tribal medical cannabis program patient;
(2) possession, dosage determination, or sale of medical cannabis or medical cannabis products by a medical cannabis manufacturer, employees of a manufacturer, a Tribal medical cannabis program manufacturer, employees of a Tribal medical cannabis program manufacturer, a laboratory conducting testing on medical cannabis, or employees of the laboratory; and
(3) possession of medical cannabis or medical cannabis products by any person while carrying out the duties required under sections 152.22 to 152.37.
(b) Medical cannabis obtained and distributed pursuant to sections 152.22 to 152.37 and associated property is not subject to forfeiture under sections 609.531 to 609.5316.
(c) The commissioner office,
members of a Tribal medical cannabis board, the commissioner's office's
or Tribal medical cannabis board's staff, the commissioner's office's
or Tribal medical cannabis board's agents or contractors, and any health care
practitioner are not subject to any civil or disciplinary penalties by the
Board of Medical Practice, the Board of Nursing, or by any business,
occupational, or professional licensing board or entity, solely for
participation in the registry program under sections 152.22 to 152.37 or in a
Tribal medical cannabis program. A
pharmacist licensed under chapter 151 is not subject to any civil or
disciplinary penalties by the Board of Pharmacy when acting in accordance with
the provisions of sections 152.22 to 152.37.
Nothing in this section affects a professional licensing board from
taking action in response to violations of any other section of law.
(d) Notwithstanding any law to the
contrary, the commissioner office, the governor of Minnesota, or
an employee of any state agency may not be held civilly or criminally liable
for any injury, loss of property, personal injury, or death caused by any act
or omission while acting within the scope of office or employment under
sections 152.22 to 152.37.
(e) Federal, state, and local law enforcement authorities are prohibited from accessing the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid search warrant.
(f) Notwithstanding any law to the
contrary, neither the commissioner office nor a public employee
may release data or information about an individual contained in any report,
document, or registry created under sections 152.22 to 152.37 or any
information obtained about a patient participating in the program, except as
provided in sections 152.22 to 152.37.
(g) No information contained in a report, document, or registry or obtained from a patient under sections 152.22 to 152.37 or from a Tribal medical cannabis program patient may be admitted as evidence in a criminal proceeding unless independently obtained or in connection with a proceeding involving a violation of sections 152.22 to 152.37.
(h) Notwithstanding section 13.09, any person who violates paragraph (e) or (f) is guilty of a gross misdemeanor.
(j) The following do not constitute probable cause or reasonable suspicion, and shall not be used to support a search of the person or property of the person possessing or applying for the registry verification or equivalent, or otherwise subject the person or property of the person to inspection by any governmental agency:
(1) possession of a registry verification or application for enrollment in the registry program by a person entitled to possess a registry verification or apply for enrollment in the registry program; or
(2) possession of a verification or equivalent issued by a Tribal medical cannabis program or application for enrollment in a Tribal medical cannabis program by a person entitled to possess such a verification or application.
Sec. 19. Minnesota Statutes 2024, section 152.33, subdivision 1a, is amended to read:
Subd. 1a. Intentional
diversion outside the state; penalties. (a)
In addition to any other applicable penalty in law, the commissioner office
may levy a fine of $250,000 against a manufacturer and may immediately initiate
proceedings to revoke the manufacturer's registration, using the procedure in
section 152.25, if:
(1) an officer, director, or controlling person of the manufacturer pleads or is found guilty under subdivision 1 of intentionally transferring medical cannabis, while the person was an officer, director, or controlling person of the manufacturer, to a person other than allowed by law; and
(2) in intentionally transferring medical cannabis to a person other than allowed by law, the officer, director, or controlling person transported or directed the transport of medical cannabis outside of Minnesota.
(b) All fines collected under this subdivision shall be deposited in the state government special revenue fund.
Sec. 20. Minnesota Statutes 2024, section 152.33, subdivision 4, is amended to read:
Subd. 4. Submission
of false records; criminal penalty. A
person who knowingly submits false records or documentation required by the commissioner
office to register as a manufacturer of medical cannabis under sections
152.22 to 152.37 is guilty of a felony and may be sentenced to imprisonment for
not more than two years or by payment of a fine of not more than $3,000, or
both.
Sec. 21. Minnesota Statutes 2024, section 152.35, is amended to read:
152.35
FEES; DEPOSIT OF REVENUE.
(a) The commissioner office
shall collect an application fee of $20,000 from each entity submitting an
application for registration as a medical cannabis manufacturer. Revenue from the fee shall be deposited in
the state treasury and credited to the state government special revenue fund.
(b) The commissioner office
shall establish and collect an annual fee from a medical cannabis manufacturer
equal to the cost of regulating and inspecting the manufacturer in that year. Revenue from the fee amount shall be
deposited in the state treasury and credited to the state government special
revenue fund.
Sec. 22. Minnesota Statutes 2024, section 152.37, is amended to read:
152.37
FINANCIAL EXAMINATIONS; PRICING REVIEWS.
Subdivision 1. Financial
records. A medical cannabis
manufacturer shall maintain detailed financial records in a manner and format
approved by the commissioner office, and shall keep all records
updated and accessible to the commissioner office when requested.
Subd. 2. Certified
annual audit. A medical cannabis
manufacturer shall submit the results of an annual certified financial audit to
the commissioner office no later than May 1 of each year for the
calendar year beginning January 2015. The
annual audit shall be conducted by an independent certified public accountant
and the costs of the audit are the responsibility of the medical cannabis
manufacturer. Results of the audit shall
be provided to the medical cannabis manufacturer and the commissioner office. The commissioner office may
also require another audit of the medical cannabis manufacturer by a certified
public accountant chosen by the commissioner office with the
costs of the audit paid by the medical cannabis manufacturer.
Subd. 3. Power
to examine. (a) The commissioner
office or designee may examine the business affairs and conditions of
any medical cannabis manufacturer, including but not limited to a review of the
financing, budgets, revenues, sales, and pricing.
(b) An examination may cover the medical
cannabis manufacturer's business affairs, practices, and conditions including
but not limited to a review of the financing, budgets, revenues, sales, and
pricing. The commissioner office
shall determine the nature and scope of each examination and in doing so shall
take into account all available relevant factors concerning the financial and
business affairs, practices, and conditions of the examinee. The costs incurred by the department in
conducting an examination shall be paid for by the medical cannabis
manufacturer.
(c) When making an examination under this
section, the commissioner office may retain attorneys,
appraisers, independent economists, independent certified public accountants,
or other professionals and specialists as designees. A certified public accountant retained by the
commissioner office may not be the same certified public
accountant providing the certified annual audit in subdivision 2.
(d) The commissioner office
shall make a report of an examination conducted under this section and provide
a copy to the medical cannabis manufacturer.
The commissioner office shall then post a copy of the
report on the department's website. All
working papers, recorded information, documents, and copies produced by,
obtained by, or disclosed to the commissioner office or any other
person in the course of an examination, other than the information contained in
any commissioner office official report, made under this section
are private data on individuals or nonpublic data, as defined in section 13.02.
Sec. 23. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to read:
Subd. 54a. 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. 69c. Tribal
medical cannabis board. "Tribal
medical cannabis board" means an agency established by a federally
recognized Tribal government and authorized by the Tribe's governing body to
provide regulatory oversight and monitor compliance with a Tribal medical
cannabis program and applicable regulations.
Sec. 25. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to read:
Subd. 69d. Tribal
medical cannabis program. "Tribal
medical cannabis program" means a program established by a federally
recognized Tribal government within the boundaries of Minnesota that involves
the commercial production, processing, sale or distribution, and possession of
medical cannabis and medical cannabis products.
Sec. 26. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to read:
Subd. 69e. Tribal
medical cannabis program patient. "Tribal
medical cannabis program patient" means a person who possesses a valid
registration verification card or equivalent document that is issued under the
laws or regulations of a Tribal Nation within the boundaries of Minnesota. A valid registration verification card must
verify that the card holder is enrolled in or authorized to participate in a
Tribal medical cannabis program.
Sec. 27. Minnesota Statutes 2024, section 342.01, subdivision 71, is amended to read:
Subd. 71. 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 or in a Tribal medical cannabis program.
Sec. 28. Minnesota Statutes 2024, section 342.02, subdivision 3, is amended to read:
Subd. 3. Medical cannabis program. (a) 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.
(b) The following protections shall apply to employees who are transferred from the Department of Health to the Office of Cannabis Management:
(1) the employment status and job classification of a transferred employee shall not be altered as a result of the transfer;
(2) transferred employees who were represented by an exclusive representative prior to the transfer shall continue to be represented by the same exclusive representative after the transfer;
(3) the applicable collective bargaining agreements with exclusive representatives shall continue in full force and effect for such transferred employees after the transfer;
(4) the state must meet and negotiate with the exclusive representatives of the transferred employees about any proposed changes affecting or relating to the transferred employees' terms and conditions of employment to the extent such changes are not addressed in the applicable collective bargaining agreement; and
(c) This subdivision is effective July
1, 2024.
Sec. 29. Minnesota Statutes 2024, section 342.09, subdivision 2, is amended to read:
Subd. 2. Home cultivation of cannabis for personal adult use. (a) 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.
(b) Pursuant to section 342.52,
subdivision 9, paragraph (d), a registered designated caregiver may cultivate
up to eight cannabis plants for not more than one patient household. In addition to eight cannabis plants for one
patient household, a registered designated caregiver may cultivate up to eight
cannabis plants for the caregiver's personal adult use of cannabis. Of the 16 or fewer total cannabis plants
being grown in the registered caregiver's residence, no more than eight may be
mature, flowering plants.
Sec. 30. Minnesota Statutes 2024, section 342.51, subdivision 2, is amended to read:
Subd. 2. Distribution
requirements. (a) Prior to
distribution of medical cannabis flower or medical cannabinoid products to a
person enrolled in the registry program, an employee with a valid medical
cannabis consultant certificate issued by the office or a licensed pharmacist
under chapter 151 of a cannabis business must:
(1) review and confirm the patient's enrollment in the registry program;
(2) verify that the person requesting the distribution of medical cannabis flower or medical cannabinoid products is the patient, the patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse using the procedures established by the office;
(3) provide confirm that the
patient had a consultation to the patient with (i) an employee
with a valid medical cannabis consultant certificate issued by the office; or
(ii) an employee who is a licensed pharmacist under chapter 151 to
determine the proper medical cannabis flower or medical cannabinoid product,
dosage, and paraphernalia for the patient if required under subdivision 3;
(4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid product that includes recommended dosage requirements and other information as required by the office; and
(5) provide the patient with any other information required by the office.
(b) A cannabis business with a medical cannabis retail endorsement may not deliver medical cannabis flower or medical cannabinoid products to a person enrolled in the registry program unless the cannabis business with a medical cannabis retail endorsement also holds a cannabis delivery service license. The delivery of medical cannabis flower and medical cannabinoid products are subject to the provisions of section 342.42.
Subd. 2a. Distribution
to visiting patients. (a) A
cannabis business with a medical cannabis retail endorsement may distribute
medical cannabis flower or medical cannabinoid products to a visiting patient.
(b) Before receiving a distribution of
medical cannabis, a visiting patient must provide to an employee of the
cannabis business:
(1) a valid medical cannabis
registration verification card or equivalent document issued under the laws and
regulations of another state, district, commonwealth, Tribal Nation, or
territory that indicates that the visiting patient is authorized to use medical
cannabis in the issuing jurisdiction; and
(2) a valid photographic identification
card issued by the visiting patient's medical cannabis program, a valid
driver's license, or a valid state identification card.
(c) Prior to the distribution of
medical cannabis flower or medical cannabinoid products to a visiting patient,
an employee of a cannabis business must:
(1) ensure that a patient-specific
label has been applied to all medical cannabis flower and medical cannabinoid
products. The label must include the
recommended dosage requirements and other information required by the office;
and
(2) provide the patient with any other
information required by the office.
(d) For each transaction that involves
a visiting patient, a cannabis business with a medical cannabis retail
endorsement must report to the office on a weekly basis:
(1) the name of the visiting patient;
(2) the name of the medical cannabis
program in which the visiting patient is enrolled;
(3) the amount and dosages of medical
cannabis distributed;
(4) the chemical composition of the
medical cannabis distributed; and
(5) the tracking number assigned to the
medical cannabis that was distributed to the visiting patient.
(e) A cannabis business with a medical
cannabis retail endorsement may distribute medical cannabis flower and medical
cannabinoid products to a visiting patient in a motor vehicle if:
(1) an employee of the cannabis
business receives payment and distributes medical cannabis flower and medical
cannabinoid products in a designated zone that is as close as feasible to the
front door of the facility where the cannabis business is located;
(2) the cannabis business with a
medical cannabis retail endorsement ensures that the receipt of payment and
distribution of medical cannabis flower and medical cannabinoid products are
visually recorded by a closed-circuit television surveillance camera and
provides any other necessary security safeguards required by the office;
(3) the cannabis business with a
medical cannabis retail endorsement does not store medical cannabis flower or
medical cannabinoid products outside a restricted access area;
(4) an employee of
the cannabis business transports medical cannabis flower and medical
cannabinoid products from a restricted access area to the designated zone for
distribution to patients only after confirming that the visiting patient has
arrived in the designated zone;
(5) the payment for and distribution of
medical cannabis flower and medical cannabinoid products to a patient only
occurs after meeting the requirements in paragraph (b);
(6) immediately following the
distribution of medical cannabis flower or medical cannabinoid products to a
patient, an employee of the cannabis business records the transaction in the
statewide monitoring system; and
(7) immediately following the
distribution of medical cannabis flower and medical cannabinoid products, an
employee of the cannabis business transports all payments received into the
facility where the cannabis business is located.
Sec. 32. Minnesota Statutes 2024, section 342.515, subdivision 1, is amended to read:
Subdivision 1. Authorized actions. (a) A person, cooperative, or business holding a medical cannabis combination business license is prohibited from owning or operating any other cannabis business or hemp business or holding an active registration agreement under section 152.25, subdivision 1.
(b) A person or business may hold only one medical cannabis combination business license.
(c) A medical cannabis combination business license 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 adult-use cannabis flower and medical 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 medical cannabinoid products;
(6) manufacture adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for public consumption;
(7) purchase immature cannabis plants and seedlings and cannabis flower from a cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis wholesaler, or another medical cannabis combination business;
(8) purchase hemp plant parts and propagules from an industrial hemp grower licensed under chapter 18K;
(9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids from a cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, a cannabis wholesaler, or another medical cannabis combination business;
(10) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K;
(12) package and label adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
(13) sell medical cannabis flower and medical cannabinoid products to other cannabis businesses with a medical endorsement, other medical cannabis combination businesses, and patients enrolled in the registry program, registered designated caregivers, and parents, legal guardians, and spouses of an enrolled patient;
(14) 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
(15) perform other actions approved by the office.
(d) A medical cannabis combination business is not required to obtain a medical cannabis endorsement to perform any actions authorized under this section.
Sec. 33. Minnesota Statutes 2024, section 342.515, subdivision 5, is amended to read:
Subd. 5. Failure
to participate; suspension or revocation of license. (a) A medical cannabis combination
business must provide a reliable, ongoing supply of medical cannabinoid
products to the registry program. Providing
a reliable, ongoing supply includes but is not limited to:
(1) making the three most commonly
purchased medical cannabinoid products available for wholesale; and
(2) if there is a shortage of medical
cannabis flower or medical cannabinoid products, maintaining a stock of the
three most commonly purchased medical cannabinoid products at the retail
location of the medical cannabis combination business.
(b) The requirements under paragraph
(a), clauses (1) and (2), do not apply to medical cannabis flower.
(c) A medical cannabis combination
business must prioritize serving medical patients and caregivers before serving
adult-use consumers.
(d) The office may suspend or revoke A medical cannabis combination business license if the office determines that the business is no longer actively participating in the medical cannabis market. The office may, by rule, establish minimum requirements related to cannabis cultivation, manufacturing of medical cannabinoid products, retail sales of medical cannabis flower and medical cannabinoid products, and other relevant criteria to demonstrate active participation in the medical cannabis market.
Sec. 34. Minnesota Statutes 2024, section 342.52, is amended by adding a subdivision to read:
Subd. 7a. 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 office must register a designated caregiver for a patient if the patient requires assistance in administering medical cannabis flower or medical cannabinoid products; obtaining medical cannabis flower, medical cannabinoid products, or medical cannabis paraphernalia from a cannabis business with a medical cannabis retail endorsement; or cultivating cannabis plants as permitted by section 342.09, subdivision 2.
(b) In order to serve as a designated caregiver, a person must:
(1) be at least 18 years of age;
(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) 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.
(d) Notwithstanding any law to the
contrary, a registered designated caregiver approved to assist a patient
enrolled in the registry program with obtaining medical cannabis flower may
cultivate cannabis plants on behalf of one patient. A registered designated caregiver may grow up
to eight cannabis plants for the patient household that the registered
designated caregiver is approved to assist with obtaining medical cannabis
flower. If a patient enrolled in the
registry program directs the patient's registered designated caregiver to
cultivate cannabis plants on behalf of the patient, the patient must assign the
patient's right to cultivate cannabis plants to the registered designated
caregiver and the notify the office. A patient who assigns the patient's
right to cultivate cannabis plants to a registered caregiver is prohibited
from cultivating cannabis plants for personal use. Nothing in this paragraph limits the right of
a registered designated caregiver cultivating cannabis plants on behalf of a
patient enrolled in the registry program to also cultivate cannabis plants for
personal use pursuant to section 342.09, subdivision 2.
Sec. 36. Minnesota Statutes 2024, section 342.57, is amended to read:
342.57
PROTECTIONS FOR REGISTRY PROGRAM PARTICIPANTS.
Subdivision 1. Presumption. (a) There is a presumption that a
patient or other person an individual enrolled in the registry
program or a Tribal medical cannabis program patient is engaged in the
authorized use or possession of medical cannabis flower and medical cannabinoid
products.
(b) This presumption may be
rebutted by evidence that:
(1) the use or possession of
medical cannabis flower or medical cannabinoid products by a patient or other
person enrolled in the registry program was not for the purpose of assisting
with, treating, or alleviating the patient's qualifying medical condition or
symptoms associated with the patient's qualifying medical condition.;
or
(2) a Tribal medical
cannabis program patient's use of medical cannabis was not for a purpose
authorized by the Tribal medical cannabis program.
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, or a Tribal medical cannabis program 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 342.51 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, members of a Tribal medical cannabis board, a Tribal medical cannabis board's staff, a Tribal medical cannabis board's agents or contractors, 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 or a Tribal medical cannabis 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 342.51 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 342.51 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 342.51 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 342.51 to 342.60 or from a Tribal medical cannabis program patient 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 342.51 to 342.60.
(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.
(h) A patient enrolled in the registry
program or a Tribal medical cannabis program must not be subject to any penalty
or disciplinary action by an occupational or a professional licensing board
solely because:
(1) the patient is enrolled in the
registry program; or
(2) the patient has a positive test for
cannabis components or metabolites.
Subd. 3. School enrollment; rental property. (a) No school may refuse to enroll or otherwise penalize a patient or person enrolled in the registry program as a pupil solely because the patient or person is enrolled in the registry program or a Tribal medical cannabis 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 person enrolled in the registry program or otherwise penalize a patient or person enrolled in the registry program solely because the patient or person is enrolled in the registry program or a Tribal medical cannabis 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.
(c) A school must not refuse to enroll a
patient as a pupil solely because cannabis is a controlled substance according
to the Uniform Controlled Substances Act, United States Code, title 21, section
812.
(d) A school must not penalize a pupil
who is a patient solely because cannabis is a controlled substance according to
the Uniform Controlled Substances Act, United States Code, title 21, section
812.
(e) A landlord must not refuse to lease
a property to a patient solely because cannabis is a controlled substance
according to the Uniform Controlled Substances Act, United States Code, title
21, section 812.
(f) A landlord must not otherwise
penalize a patient solely because cannabis is a controlled substance according
to the Uniform Controlled Substances Act, United States Code, title 21, section
812.
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 342.51 to 342.60, or a Tribal medical cannabis program patient's use of medical cannabis as authorized by the Tribal medical cannabis program, 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 or
person an individual enrolled in the registry program; or
(2) the person's status as a Tribal
medical cannabis program patient; or
(2)
(b) An employee who is a patient in the registry program or a Tribal medical cannabis program and whose employer requires the employee to undergo drug testing according to section 181.953 may present the employee's registry verification or verification of enrollment in a Tribal medical cannabis program as part of the employee's explanation under section 181.953, subdivision 6.
Subd. 5a. Notice. An employer, a school, or a landlord
must provide written notice to a patient at least 14 days before the employer,
school, or landlord takes an action against the patient that is prohibited
under subdivision 3 or 5. The written
notice must cite the specific federal law or regulation that the employer,
school, or landlord believes would be violated if the employer, school, or
landlord fails to take action. The
notice must specify what monetary or licensing-related benefit under federal
law or regulations that the employer, school, or landlord would lose if the
employer, school, or landlord fails to take action.
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 or
person an individual enrolled in the registry program or on the
person's status as a Tribal medical cannabis program patient. There must be no presumption of neglect or
child endangerment for conduct allowed under sections 342.51 to 342.60 or
under a Tribal medical cannabis program, unless the person's behavior
creates an unreasonable danger to the safety of the minor as established by
clear and convincing evidence.
Subd. 6a. Retaliation
prohibited. A school, a
landlord, a health care facility, or an employer must not retaliate against a
patient for asserting the patient's rights or seeking remedies under this
section or section 152.32.
Subd. 7. Action
for damages; injunctive relief. In
addition to any other remedy provided by law, a patient or person an
individual enrolled in the registry program or a Tribal medical cannabis
program 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 or person an
individual enrolled in the registry program or a Tribal medical cannabis
program injured by the violation for the greater of the person's actual
damages or a civil penalty of $100 $1,000 and reasonable attorney
fees. A patient may bring an action
for injunctive relief to prevent or end a violation of subdivisions 3 to 6a.
Subd. 8. Sanctions restricted for those on parole, supervised release, or conditional release. (a) This subdivision applies to an individual placed on parole, supervised release, or conditional release.
(b) The commissioner of corrections may not:
(1) prohibit an individual from participating in the registry program or a Tribal medical cannabis program as a condition of release; or
(2) revoke an individual's parole, supervised release, or conditional release or otherwise sanction an individual solely:
(i) for participating in the registry program or a Tribal medical cannabis program; or
(ii) for a positive drug test for cannabis components or metabolites.
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 342.47 342.51
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
342.51 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.
Sec. 38. REPEALER.
Minnesota Statutes 2024, sections
152.22, subdivision 2; and 342.151, subdivision 1, are repealed.
ARTICLE 2
CANNABIS BUSINESS LICENSING AND OPERATIONS
Section 1. Minnesota Statutes 2024, section 342.12, is amended to read:
342.12
LICENSES; TRANSFERS; ADJUSTMENTS.
(a) Licenses issued under this chapter that are available to all applicants pursuant to section 342.14, subdivision 1b, paragraph (c), may be freely transferred subject to the prior written approval of the office unless the license holder has not received a final site inspection or the license holder is a social equity applicant.
(b) Licenses issued as social equity licenses pursuant to either section 342.14, subdivision 1b, paragraph (b), or section 342.175, paragraph (b), may only be transferred to another social equity applicant for three years after the date on which the office issues the license. Three years after the date of issuance, a license holder may transfer a license to any entity. Transfer of a license that was issued as a social equity license must be reviewed by the Division of Social Equity and is subject to the prior written approval of the office.
(c) Preliminary license preapproval
approval issued pursuant to section 342.125 342.14,
subdivision 5, may not be transferred.
(d) 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; or
(2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency, or receivership proceedings; merges with another legal organization; or assigns all or substantially all of its assets for the benefit of creditors.
(e) Licenses must be renewed annually.
(f) License holders may petition the office to adjust the tier of a license issued within a license category if the license holder meets all applicable requirements.
Sec. 2. Minnesota Statutes 2024, section 342.14, subdivision 1, is amended to read:
Subdivision 1. Application; contents. (a) The office shall establish 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, if applicable, except an applicant is not required to secure a physical premises for the business at the time of application;
(5) a general description of the location or locations that the applicant plans to operate, including the planned square feet of space for cultivation, wholesaling, and retailing, as applicable;
(6) a copy of the security plan, including security monitoring, security equipment, and facility maps if applicable, except an applicant is not required to secure a physical premises for the business at the time of application;
(7) proof of trade name registration;
(8) a copy of the applicant's business plan showing the expected size of the business; anticipated growth; the methods of record keeping; the knowledge and experience of the applicant and any officer, director, manager, and general partner of the business; the environmental plan; and other relevant financial and operational components;
(9) standard operating procedures for:
(i) quality assurance;
(ii) inventory control, storage, and diversion prevention; and
(iii) accounting and tax compliance;
(10) an attestation signed by a bona fide labor organization stating that the applicant has entered into a labor peace agreement;
(11) a description of any training and education that the applicant will provide to employees of the business;
(12) a disclosure of any violation of a license agreement or a federal, state, or local law or regulation committed by the applicant or any true party of interest in the applicant's business that is relevant to business and working conditions;
(14) identification of one or more controlling persons or managerial employees as agents who shall be responsible for dealing with the office on all matters;
(15) a statement that the applicant agrees
to respond to the office's supplemental requests for information; and
(16) a release of information for the
applicant and every true party of interest in the applicant's business license
for the office to perform the background checks required under section 342.15.;
(17) proof that the applicant is a
social equity applicant; and
(18) an attestation that the applicant's
business policies governing business operations comply with this chapter.
(b) An applicant must file and update as
necessary a disclosure of ownership and control identifying any true party of
interest as defined in section 342.185, subdivision 1, paragraph (g). The office shall establish the contents of
the disclosure. Except as provided in
paragraph (f) (d), 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 the applicant's articles of incorporation and bylaws and any amendments to the applicant's 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) an 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) (c) 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) (d) The office may
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.
Sec. 3. Minnesota Statutes 2024, section 342.14, subdivision 3, is amended to read:
Subd. 3. Review. (a) After an applicant submits an
application that contains all required information and pays the applicable licensing
application fee, the office must review the application.
(b) The office may deny an application if:
(1) the application is incomplete;
(2) the application contains a materially false statement about the applicant or omits information required under subdivision 1;
(3) the applicant does not meet the qualifications under section 342.16;
(4) the applicant is prohibited from holding the license under section 342.18, subdivision 2;
(5) the application does not meet the minimum requirements under section 342.18, subdivision 3;
(6) the applicant fails to pay the applicable application fee;
(7) the application was not submitted by the application deadline;
(8) the applicant submitted more than one application for a license type; or
(9) the office determines that the applicant would be prohibited from holding a license for any other reason.
(c) If the office denies an application, the office must notify the applicant of the denial and the basis for the denial.
(d) The office may request additional information from any applicant if the office determines that the information is necessary to review or process the application. If the applicant does not provide the additional requested information within 14 calendar days of the office's request for information, the office may deny the application.
(e) An applicant whose application is not denied under this subdivision is a qualified applicant.
Sec. 4. Minnesota Statutes 2024, section 342.14, subdivision 6, is amended to read:
Subd. 6. Completed application; final authorization; issuance of license. (a) Within 18 months of receiving notice of preliminary license approval, an applicant must provide:
(1) the address and legal property description of the location where the business will operate;
(2) the name of the local unit of government where the business will be located; and
(3) if applicable, an updated description of the location where the business will operate, an updated security plan, and any other additional information required by the office.
(1) 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 complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code;
(2) schedule a site inspection; and
(3) require the applicant to pay the applicable license fee.
(c) The office may deny final authorization if:
(1) an applicant fails to submit any required information;
(2) the applicant submits a materially false statement about the applicant or fails to provide any required information;
(3) the office confirms that the cannabis
business for which the office granted a preliminary license preapproval
approval does not meet local zoning and land use laws;
(4) the applicant fails to pay the applicable license fee; or
(5) the office determines that the applicant is disqualified from holding the license or would operate in violation of the provisions of this chapter.
(d) Within 90 days of receiving the information required under paragraph (a) and the results of any required background check, the office shall grant final authorization and 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. 5. Minnesota Statutes 2024, section 342.151, subdivision 2, is amended to read:
Subd. 2. Criminal
history check. A license holder
cannabis business may employ or contract with as many unlicensed
individuals as may be necessary, provided that the license holder cannabis
business is at all times accountable for the good conduct of every
individual employed by or contracted with the license holder cannabis
business. Before hiring an
individual as a cannabis worker, the license holder cannabis business
must submit to the Bureau of Criminal Apprehension the individual's full set of
fingerprints and written consent for the bureau to conduct a state and national
criminal history check. The bureau may
exchange an individual's fingerprints with the Federal Bureau of Investigation. The Bureau of Criminal Apprehension must
determine whether the individual is qualified to be employed as a cannabis
worker and must notify the license holder cannabis business of
the bureau's determination. The license
holder cannabis business must not employ an individual who is
disqualified from being employed as a cannabis worker.
Sec. 6. Minnesota Statutes 2024, section 342.151, subdivision 3, is amended to read:
Subd. 3. Disqualification. (a) A license holder cannabis
business must not employ an individual as a cannabis worker if the
individual has been convicted of any of the following crimes that would
constitute a felony:
(1) human trafficking;
(2) noncannabis controlled substance crimes in the first or second degree;
(3) labor trafficking;
(5) embezzlement;
(6) extortion;
(7) money laundering; or
(8) insider trading;
if committed in this state or any other jurisdiction for which a full pardon or similar relief has not been granted.
(b) A license holder cannabis
business must not employ an individual as a cannabis worker if the
individual made any false statement in an application for employment.
Sec. 7. Minnesota Statutes 2024, section 342.17, is amended to read:
342.17
SOCIAL EQUITY APPLICANTS.
(a) An applicant qualifies as a social equity applicant if the applicant:
(1) was found delinquent for, received a stay of adjudication for, or was convicted of an offense involving the possession or sale of cannabis or marijuana prior to May 1, 2023;
(2) had a parent, guardian, child, spouse, or dependent who was convicted of an offense involving the possession or sale of cannabis or marijuana prior to May 1, 2023;
(3) was a dependent of an individual who was convicted of an offense involving the possession or sale of cannabis or marijuana prior to May 1, 2023;
(4) is a military veteran, including a service-disabled veteran, current or former member of the national guard;
(5) is a military veteran or current or former member of the national guard who lost honorable status due to an offense involving the possession or sale of cannabis or marijuana;
(6) has been a resident for the last five years of one or more subareas, such as census tracts or neighborhoods:
(i) that experienced a disproportionately large amount of cannabis enforcement as determined by the study conducted by the office pursuant to section 342.04, paragraph (b), or another report based on federal or state data on arrests or convictions;
(ii) where the poverty rate was 20 percent or more;
(iii) where the median family income did not exceed 80 percent of the 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;
(iv) where at least 20 percent of the households receive assistance through the Supplemental Nutrition Assistance Program; or
(v) where the population has a high level of vulnerability according to the Centers for Disease Control and Prevention and Agency for Toxic Substances and Disease Registry (CDC/ATSDR) Social Vulnerability Index; or
(b) The qualifications described in
paragraph (a) apply to each individual applicant or, in the case of a business
entity, apply to at least 65 51 percent of the controlling
ownership of the business entity.
EFFECTIVE
DATE. The amendment to
paragraph (a), clause (1), is effective August 1, 2025. The amendment to paragraph (b) is effective
July 1, 2026.
Sec. 8. Minnesota Statutes 2024, section 342.22, subdivision 3, is amended to read:
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 combination business operating a retail location, or lower-potency hemp edible retailer that:
(1) has a valid license or preliminary
license preapproval approval 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 any applicable local ordinance established pursuant to section 342.13.
(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.
Sec. 9. Minnesota Statutes 2024, section 342.28, subdivision 1, is amended to read:
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;
(6) purchase immature cannabis plants and
seedlings and, cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products from another
cannabis microbusiness, a cannabis mezzobusiness, a cannabis cultivator,
a cannabis manufacturer, or a cannabis wholesaler, a lower-potency
hemp edible manufacturer, or a lower-potency hemp edible wholesaler;
(7) purchase hemp plant parts and propagules from an industrial hemp grower licensed under chapter 18K;
(8) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K;
(9) purchase cannabis concentrate, hemp concentrate, and artificially derived cannabinoids from another cannabis microbusiness, a cannabis mezzobusiness, a cannabis manufacturer, or a cannabis wholesaler for use in manufacturing adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products;
(10) package and label adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
(11) 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;
(12) operate an establishment that permits on-site consumption of edible cannabis products and lower-potency hemp edibles; and
(13) perform other actions approved by the office.
Sec. 10. Minnesota Statutes 2024, section 342.28, subdivision 8, is amended to read:
Subd. 8. Production
of customer consumer products endorsement. A cannabis microbusiness that
manufactures 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.
Sec. 11. Minnesota Statutes 2024, section 342.29, subdivision 1, is amended to read:
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 for use as adult-use cannabis flower or for use in adult-use cannabis products;
(2) grow cannabis plants from seed or immature plant to mature plant and harvest cannabis flower from a mature plant for use as medical cannabis flower or for use in medical cannabinoid products;
(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;
(7) process medical cannabinoid products;
(8) purchase immature cannabis plants and
seedlings and, cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products from a
cannabis microbusiness, another cannabis mezzobusiness, a cannabis
cultivator, a cannabis manufacturer, or a cannabis wholesaler, a
lower-potency hemp edible manufacturer, or a lower-potency hemp edible
wholesaler;
(9) purchase cannabis concentrate, hemp
concentrate, and synthetically artificially derived cannabinoids
from a cannabis microbusiness, another cannabis mezzobusiness, a cannabis
manufacturer, or a cannabis wholesaler for use in manufacturing adult-use
cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products;
(10) purchase hemp plant parts and propagules from a licensed hemp grower licensed under chapter 18K;
(11) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K;
(12) package and label adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for sale to customers;
(13) 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
(14) perform other actions approved by the office.
Sec. 12. Minnesota Statutes 2024, section 342.29, subdivision 7, is amended to read:
Subd. 7. Production
of customer consumer products endorsement. A cannabis mezzobusiness that
manufactures 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.
Sec. 13. Minnesota Statutes 2024, section 342.30, subdivision 1, is amended to read:
Subdivision 1. Authorized
actions. A cannabis cultivator
license entitles the license holder to:
(1) grow cannabis plants within the
approved amount of space from seed or immature plant to mature plant,;
(2) harvest cannabis flower from a
mature plant,;
(3) package and label immature
cannabis plants and seedlings and cannabis flower for sale to other cannabis
businesses,;
(4) sell immature cannabis plants and
seedlings and cannabis flower to other cannabis businesses;
(5) transport cannabis flower to a
cannabis manufacturer located on the same premises,; and
(6) perform other actions approved by the office.
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, and cannabis wholesalers;
(2) purchase lower-potency hemp edibles from a licensed lower-potency hemp edible manufacturer or lower‑potency hemp edible wholesaler;
(3) 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
(4) perform other actions approved by the office.
Sec. 15. Minnesota Statutes 2024, section 342.32, subdivision 4, is amended to read:
Subd. 4. Multiple licenses; limits. (a) A person, cooperative, or business holding a cannabis retailer license may also hold a cannabis delivery service license and a cannabis event organizer license.
(b) Except as provided in paragraph (a) and subdivision 5, 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 and three retail businesses in one 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.
Sec. 16. Minnesota Statutes 2024, section 342.32, subdivision 5, is amended to read:
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. Notwithstanding
any law to the contrary, a city or county that establishes, owns, or operates a
municipal cannabis store may also hold a lower-potency hemp edible retailer
license.
Sec. 17. Minnesota Statutes 2024, section 342.33, subdivision 1, is amended to read:
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, and cannabis
microbusinesses lower-potency hemp edible manufacturers;
(2) purchase hemp plant parts and propagules from industrial hemp growers licensed under chapter 18K;
(3) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K;
(5) sell lower-potency hemp edibles to lower-potency hemp edible retailers;
(6) import hemp-derived consumer products and lower-potency hemp edibles that contain hemp concentrate or artificially derived cannabinoids that are derived from hemp plants or hemp plant parts; and
(7) perform other actions approved by the office.
Sec. 18. Minnesota Statutes 2024, section 342.36, subdivision 6, is amended to read:
Subd. 6. Multiple
employees; secured vehicles; delivery routes. 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 (1) secured by turning off
the ignition, locking all doors and storage compartments, and removing the
operating keys or device, or (2) attended by a cannabis transporter employee at
all times. If there are multiple
team members staffing an unsecured transport vehicle, 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. A cannabis transporter must not be
required to randomize delivery times and routes or staff cannabis transport
vehicles with multiple employees.
Sec. 19. Minnesota Statutes 2024, section 342.37, is amended by adding a subdivision to read:
Subd. 2a. Cannabis
testing facility licenses. (a)
Pending an applicant's accreditation by a laboratory accrediting organization
approved by the office, the office may issue or renew a cannabis testing
facility license for an applicant that is a person, cooperative, or business if
the applicant:
(1) submits documentation to the office
demonstrating that the applicant has a signed contract with a laboratory
accreditation organization approved by the office, has scheduled an audit, and
is making progress toward accreditation by a laboratory accrediting
organization approved by the office according to the standards of the most
recent edition of ISO/IEC 17025: General
Requirements for the Competence of Testing and Calibration Laboratories;
(2) passes a final site inspection
conducted by the office; and
(3) meets all other licensing
requirements according to chapter 342 and Minnesota Rules.
(b) After receiving a license under
this section, a license holder may operate a cannabis testing facility up to
one year with pending accreditation status.
(c) If after one year a license holder
continues to have pending accreditation status, the license holder may apply
for a onetime extension to continue operations for up to six months. The office may grant an extension under this
paragraph to a license holder if the license holder:
(1) passes a follow-up site inspection
conducted by the office;
(2) submits an initial audit report
from a laboratory accrediting organization approved by the office; and
(3) submits any
additional information requested by the office.
(d) The office may revoke a cannabis
testing facility license held by a license holder with pending accreditation
status if the office determines or has reason to believe that the license
holder:
(1) is not making progress toward
accreditation; or
(2) has violated a cannabis testing
requirement, an ownership requirement, or an operational requirement in chapter
342 or Minnesota Rules.
(e) The office must not issue or renew a
cannabis testing facility license under this subdivision for a license holder
if the license holder's accreditation has been suspended or revoked by a
laboratory accrediting organization.
Sec. 20. Minnesota Statutes 2024, section 342.37, is amended by adding a subdivision to read:
Subd. 2b. Loss
of accreditation. (a) A
license holder must report loss of accreditation to the office within 24 hours
of receiving notice of the loss of accreditation.
(b) The office must immediately revoke a
license holder's license upon receiving notice that the license holder has lost
accreditation.
Sec. 21. Minnesota Statutes 2024, section 342.43, is amended by adding a subdivision to read:
Subd. 3. Exception;
municipal or county licenses. Notwithstanding
any law to the contrary, a city or county that establishes, owns, or operates a
municipal cannabis store may also hold a lower-potency hemp edible retailer
license.
Sec. 22. Minnesota Statutes 2024, section 342.61, subdivision 4, is amended to read:
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, or medical cannabis combination business 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, or medical cannabis combination business 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 A cannabis testing
facility business 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. 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 combination business, 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) information on the usage of the cannabis flower or hemp-derived consumer product;
(8) the following statement: "Keep this product out of reach of children."; and
(9) any other statements or information required by the office.
Sec. 24. Minnesota Statutes 2024, section 342.63, subdivision 3, is amended to read:
Subd. 3. Content of label; cannabinoid products. (a) All cannabis products, lower-potency hemp edibles, hemp concentrate, 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 combination business, 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 combination business, 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 combination business 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;
(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) information on the usage of the product;
(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 hemp edibles that are imported into the state if those requirements provide consumers with information that is substantially similar to the information described in paragraph (a).
Sec. 25. Minnesota Statutes 2024, section 342.63, subdivision 6, is amended to read:
Subd. 6. Additional information. (a) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical cannabis combination business 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;
(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;
(5) substance use disorder treatment options; and
(6) any other information specified by the office.
(b) A cannabis microbusiness, cannabis
mezzobusiness, cannabis retailer, or medical cannabis combination business may
include the information described in paragraph (a) by:
(1) including the information 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) (2) posting the
information in the premises of the cannabis microbusiness, cannabis
mezzobusiness, cannabis retailer, or medical cannabis combination business; or
(2) (3) 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. 26. REPEALER.
Minnesota Statutes 2024, section
342.36, subdivision 5, is repealed.
ARTICLE 3
HEMP BUSINESS REGULATIONS
Section 1. Minnesota Statutes 2024, section 151.72, subdivision 3, is amended to read:
Subd. 3. Sale of cannabinoids derived from hemp. (a) Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met. A product sold for human or animal consumption must not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product must not contain an amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f).
(b) A product containing nonintoxicating cannabinoids, other than an edible cannabinoid product, may be sold for human or animal consumption only if it is intended for application externally to a part of the body of a human or animal. Such a product must not be manufactured, marketed, distributed, or intended to be consumed:
(1) by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product;
(2) through chewing, drinking, or swallowing; or
(3) through injection or application to nonintact
skin or a mucous membrane or nonintact skin, except for products
applied sublingually.
(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or
(2) to affect the structure or any function of the bodies of humans or other animals.
(d) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21.
(e) Products that meet the requirements of this section are not controlled substances under section 152.02.
(f) Products may be sold for on-site consumption if all of the following conditions are met:
(1) the retailer must also hold an on-sale license issued under chapter 340A;
(2) products, other than products that are intended to be consumed as a beverage, must be served in original packaging, but may be removed from the products' packaging by customers and consumed on site;
(3) products must not be sold to a customer who the retailer knows or reasonably should know is intoxicated;
(4) products must not be permitted to be mixed with an alcoholic beverage; and
(5) products that have been removed from packaging must not be removed from the premises.
(g) Edible cannabinoid products that are intended to be consumed as a beverage may be served outside of the products' packaging if the information that is required to be contained on the label of an edible cannabinoid product is posted or otherwise displayed by the retailer.
Sec. 2. Minnesota Statutes 2024, section 151.72, subdivision 5a, is amended to read:
Subd. 5a. Additional requirements for edible cannabinoid products. (a) In addition to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid must meet the requirements of this subdivision.
(b) An edible cannabinoid product must not:
(1) bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children;
(2) be modeled after a brand of products primarily consumed by or marketed to children;
(3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item;
(4) be substantively similar to a meat food product; poultry food product as defined in section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision 7;
(5) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food;
(6) be packaged in a way that resembles the trademarked, characteristic, or product-specialized packaging of any commercially available food product; or
(c) An edible cannabinoid product must be prepackaged in packaging or a container that is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The requirement that packaging be child-resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage.
(d) If an edible cannabinoid product, other than a product that is intended to be consumed as a beverage, is intended for more than a single use or contains multiple servings, each serving must be indicated by scoring, wrapping, or other indicators designating the individual serving size that appear on the edible cannabinoid product. If it is not possible to indicate a single serving by scoring or use of another indicator that appears on the product, the edible cannabinoid product may not be packaged in a manner that includes more than a single serving in each container, except that a calibrated dropper, measuring spoon, or similar device for measuring a single serving, when sold with the product, may be used for any edible cannabinoid products that are intended to be combined with food or beverage products prior to consumption.
(e) A label containing at least the following information must be affixed to the packaging or container of all edible cannabinoid products sold to consumers:
(1) the serving size;
(2) the cannabinoid profile per serving and in total;
(3) a list of ingredients, including identification of any major food allergens declared by name; and
(4) the following statement: "Keep this product out of reach of children."
(f) An edible cannabinoid product that
is not intended to be consumed as a beverage must not contain more than
five milligrams of any tetrahydrocannabinol in a single serving. An edible cannabinoid product, other than a
product that is intended to be consumed as a beverage, may and must
not contain more than a total of 50 milligrams of any tetrahydrocannabinol per
package. An edible cannabinoid
product that is intended to be consumed as a beverage may not contain more than
two servings per container.
(g) An edible cannabinoid product that
is intended to be consumed as a beverage must not contain more than ten
milligrams of any tetrahydrocannabinol in a single container.
(g) (h) An edible
cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9
tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or
is an artificially derived cannabinoid. Edible
cannabinoid products are prohibited from containing any other artificially
derived cannabinoid, including but not limited to THC‑P, THC-O, and HHC, unless
the office authorizes use of the artificially derived cannabinoid in edible
cannabinoid products. Edible cannabinoid
products are prohibited from containing synthetic cannabinoids.
(h) (i) Every person selling
edible cannabinoid products to consumers, other than products that are intended
to be consumed as a beverage, must ensure that all edible cannabinoid products
are displayed behind a checkout counter where the public is not permitted or in
a locked case.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Subd. 9. Bona
fide labor organization. "Bona
fide labor organization" means a labor union that represents or is
actively seeking to represent cannabis workers. of:
(1) a cannabis business; or
(2) a lower-potency hemp edible
manufacturer.
Sec. 4. Minnesota Statutes 2024, section 342.01, subdivision 34, is amended to read:
Subd. 34. Hemp
business. (a) "Hemp
business" means either any of the following licensed under
this chapter:
(1) lower-potency hemp edible manufacturer;
or
(2) lower-potency hemp edible
wholesaler; or
(2) (3) 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.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2024, section 342.01, subdivision 47, is amended to read:
Subd. 47. Labor peace agreement. "Labor peace agreement" means an agreement between a cannabis business and a bona fide labor organization or an agreement between a lower-potency hemp edible manufacturer 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 or lower-potency hemp edible manufacturer.
Sec. 6. Minnesota Statutes 2024, section 342.01, subdivision 48, is amended to read:
Subd. 48. 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;
(10) cannabis delivery service;
(11) lower-potency hemp edible manufacturer;
(12) lower-potency hemp edible
wholesaler;
(12) (13) lower-potency hemp
edible retailer; or
(13) (14) medical cannabis
combination business.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2024, section 342.01, subdivision 50, is amended to read:
Subd. 50. Lower-potency hemp edible. (a) "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) does not contain a cannabinoid derived from cannabis plants or cannabis flower;
(5) 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; and
(6) meets either of the requirements in paragraph (b).
(b) A lower-potency hemp edible includes:
(1) a product that:
(i) is not intended to be consumed as a
beverage and consists of servings that contain no more than five milligrams
of delta-9 tetrahydrocannabinol; is intended to be consumed as a beverage
and contains no more than ten milligrams of delta-9 tetrahydrocannabinol in a
single container; is intended to be consumed in any approved manner and
consists of servings or a container that contain no more than 25 100
milligrams of cannabidiol, cannabigerol, cannabinol, or cannabichromene; is
intended to be consumed in any approved manner and contains no more than the
established limit of any other cannabinoid authorized by the office; or is
intended to be consumed in any approved manner and contains any combination
of those cannabinoids that does not exceed the identified amounts for the
applicable product category;
(ii) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and
(iii) does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol, except that a product may include artificially derived cannabinoids created during the process of creating the delta-9 tetrahydrocannabinol that is added to the product, if no artificially derived cannabinoid is added to the ingredient containing delta-9 tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially derived cannabinoids is no less than 20 to one; or
(i) contains hemp concentrate processed or refined without increasing the percentage of targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp plant or hemp plant parts beyond the variability generally recognized for the method used for processing or refining or by an amount needed to reduce the total THC in the hemp concentrate; and
(ii) consists of servings that contain no more than five milligrams of total THC.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2024, section 342.10, is amended to read:
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
wholesaler;
(12) (13) lower-potency hemp
edible retailer; and
(13) (14) medical cannabis
combination business.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
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;
(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 $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(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 $1,000; and
(iii) a renewal license fee of $1,000;
(12) for a lower-potency hemp edible
wholesaler:
(i) an application fee of $250;
(ii) an initial license fee of $10,000;
and
(iii) a renewal license fee of $10,000;
(12)
(i) an application fee of $250 or, if the lower-potency hemp retailer operates more than one retail location, $250 per retail location;
(ii) an initial license fee of $250 or, if the lower-potency hemp retailer operates more than one retail location, $250 per retail location; and
(iii) a renewal license fee of $250 or, if the lower-potency hemp retailer operates more than one retail location, $250 per retail location; and
(13) (14) for a medical
cannabis combination business:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000; and
(iii) a renewal license fee of $70,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota Statutes 2024, section 342.13, is amended to read:
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 provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. A local unit of government may prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.
(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;
(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
(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 complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code. The office may not issue a license if the local unit of government informs the office that the cannabis business does not meet local zoning and land use laws. If the local unit of government does not provide the certification to the office within 30 days of receiving a copy of an application from the office, the office may issue a license.
(g) 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. At a minimum, the expedited complaint process
shall require the office to provide an initial response to the complaint within
seven days and perform any necessary inspections within 30 days. Nothing in this paragraph prohibits a local
unit of government from enforcing a local ordinance. If a local unit of government notifies the office
that a cannabis business other than a cannabis retailer, cannabis microbusiness
or, cannabis mezzobusiness or lower-potency hemp edible
retailer with a retail operations endorsement, lower-potency hemp edible
retailer, or medical cannabis combination business operating a retail
location poses an immediate threat to the health or safety of the public, the
office must respond within one business day and may take any action described
in section 342.19 or 342.21.
(h) A local government unit that issues a cannabis retailer registration under section 342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with a retail operations endorsement to no fewer than one registration for every 12,500 residents.
(i) If a county has one active registration for every 12,500 residents, a city or town within the county is not obligated to register a cannabis business.
(j) Nothing in this section shall prohibit a local government unit from allowing licensed cannabis retailers in excess of the minimums set in paragraph (h).
(k) Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis business to operate in Indian country, as defined in United States Code, title 18, section 1151, of a Minnesota Tribal government without the consent of the Tribal government.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2024, section 342.18, subdivision 2, is amended to read:
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, mezzobusiness licenses, or
medical cannabis combination business licenses, or the issuance of both
lower-potency hemp edible manufacturer, lower-potency hemp edible
wholesaler, and lower-potency hemp edible retailer licenses to the same
person or entity.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Subd. 6. Exception;
exclusive delivery services. The
requirements of this section do not apply to a lower‑potency hemp edible
retailer with a delivery endorsement if the lower-potency hemp edible retailer
does not operate a retail location.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes 2024, section 342.34, subdivision 5, is amended to read:
Subd. 5. Importation of hemp-derived products. (a) A cannabis wholesaler that imports lower-potency hemp edibles or hemp-derived consumer products, other than hemp-derived topical products, that are manufactured outside the boundaries of the state of Minnesota with the intent to sell the products to a cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, lower-potency hemp edible wholesaler, 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.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes 2024, section 342.39, subdivision 3, is amended to read:
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, a lower‑potency hemp edible wholesaler license, or a lower-potency hemp edible retailer license.
(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.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota Statutes 2024, section 342.43, subdivision 1, is amended to read:
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
wholesaler; and
(2) (3) lower-potency hemp
edible retailer.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 16. Minnesota Statutes 2024, section 342.43, subdivision 2, is amended to read:
Subd. 2. Multiple
licenses; limits. (a) A person,
cooperative, or business may hold both any combination of a
lower-potency hemp edible manufacturer, a lower-potency hemp edible
wholesaler, and a 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 wholesaler license, a
lower-potency hemp edible retailer license, or both any combination
of those licenses, 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 wholesaler license, a
lower-potency hemp edible retailer license, or both any combination
of those licenses, 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 wholesaler license, a lower-potency hemp edible retailer
license, or both any combination of those licenses, may not hold
a cannabis business license.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2024, section 342.44, subdivision 1, is amended to read:
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.
(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 applicant for a lower-potency hemp edible manufacturer license must submit an attestation signed by a bona fide labor organization stating that the applicant has entered into a labor peace agreement.
(d) An application on behalf of a
corporation or association shall be signed by at least two officers or
managing agents of that entity.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Minnesota Statutes 2024, section 342.45, is amended by adding a subdivision to read:
Subd. 6. Building
conditions. (a) A
lower-potency hemp edible manufacturer must comply with state and local
building, fire, and zoning codes, requirements, and regulations.
(b) A lower-potency hemp edible
manufacturer must ensure that licensed premises are maintained in a clean and
sanitary condition and are free from infestation by insects, rodents, or other
pests.
Sec. 19. Minnesota Statutes 2024, section 342.45, is amended by adding a subdivision to read:
Subd. 7. Manufacture
of products for sale in other jurisdictions. (a) Nothing in this chapter prohibits
a lower-potency hemp edible manufacturer from manufacturing, packaging,
labeling, and distributing edible products containing cannabinoids derived from
hemp that do not qualify as lower-potency hemp edibles if:
(1) the products are intended,
distributed, and offered for sale only in jurisdictions other than Minnesota;
(2) the products are physically
separated from all lower-potency hemp edibles during the manufacturing,
packaging, and labeling process; and
(3) the products' packaging clearly
states that the products are not for sale in Minnesota.
(b) The office may take enforcement
action as provided in sections 342.19 and 342.21 if the office determines that
the lower-potency hemp edible manufacturer:
(1) sold or offered for sale in
Minnesota any edible product containing cannabinoids derived from hemp that
does not qualify as a lower-potency hemp edible; or
(2) manufactured,
distributed, or stored any edible product containing cannabinoids derived from
hemp that does not qualify as a lower-potency hemp edible with the intent that
the product be offered for sale in Minnesota.
Sec. 20. [342.455]
LOWER-POTENCY HEMP EDIBLE WHOLESALER.
Subdivision 1. Authorized
actions. A lower-potency hemp
edible wholesaler 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) purchase lower-potency hemp edibles
from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators,
cannabis manufacturers, cannabis wholesalers, other lower-potency hemp edible
wholesalers, and lower‑potency hemp edible manufacturers;
(2) sell lower-potency hemp edibles to
lower-potency hemp edible retailers with a retail endorsement, cannabis
microbusinesses with a retail endorsement, cannabis mezzobusinesses with a
retail endorsement, cannabis retailers, cannabis wholesalers, medical cannabis
combination businesses, and other lower-potency hemp edible wholesalers;
(3) import lower-potency hemp edibles
that contain hemp concentrate or artificially derived cannabinoids that are
derived from hemp plants or hemp plant parts; and
(4) perform other actions approved by
the office.
Subd. 2. Operations. (a) A lower-potency hemp edible
wholesaler must maintain accurate records and ensure that appropriate labels
remain affixed to lower-potency hemp edibles.
(b) A lower-potency hemp edible
wholesaler must maintain compliance with state and local building, fire, and
zoning requirements or regulations and must ensure that the wholesaler's
premises are maintained in a clean and sanitary condition, free from infestation
by insects, rodents, or other pests.
(c) A lower-potency hemp edible
wholesaler may purchase and sell other products or items for which the
wholesaler has a license or an authorization or that do not require a license
or an 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.
Cannabis paraphernalia includes but is 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. 3. Importation
of lower-potency hemp edibles; endorsement.
(a) A lower-potency hemp edible wholesaler that imports
lower-potency hemp edibles 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, cannabis wholesaler,
medical cannabis combination business, other lower-potency hemp edible
wholesaler, or lower-potency hemp edible retailer must obtain a lower-potency
hemp edible importer endorsement from the office.
(b) A lower-potency hemp edible
wholesaler with an endorsement issued under this subdivision 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 lower-potency hemp edible
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 office may
suspend, revoke, or cancel the license or endorsement of a wholesaler 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 lower-potency hemp edible 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.
(d) Notwithstanding any law to the
contrary, it is not a defense in any civil or criminal action that a wholesaler
relied on information on a product label or otherwise provided by a
manufacturer who is not licensed in this state.
Subd. 4. Transportation
of lower-potency hemp edibles; endorsement.
(a) A lower-potency hemp edible wholesaler that transports
lower-potency hemp edibles to a cannabis microbusiness, cannabis mezzobusiness,
cannabis retailer, cannabis wholesaler, medical cannabis combination business,
different lower-potency hemp edible wholesaler, or lower-potency hemp edible
retailer must obtain a lower-potency hemp edible transporter endorsement from
the office.
(b) In addition to the information
required to be submitted under section 342.44, subdivision 1, and rules adopted
pursuant to that section, a person, cooperative, or business seeking a
lower-potency hemp edible transporter endorsement must submit the following
information in a form approved by the office:
(1) an appropriate surety bond, a
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, a
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 lower-potency hemp edibles;
(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.
(c) A lower-potency hemp edible
wholesaler may transport lower-potency hemp edibles on public roadways if:
(1) the 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 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
wholesaler has a shipping manifest in the wholesaler's possession that
describes the contents of all tamper-evident containers;
(4) all departures, arrivals, and stops
are appropriately documented;
(5) no person other than a designated
employee enters a vehicle at any time that the vehicle is transporting
lower-potency hemp edibles;
(6) at all times that
the vehicle contains lower-potency hemp edibles, the vehicle is (i) secured by
turning off the ignition, locking all doors and storage compartments, and
removing the operating keys or device, or (ii) attended by a lower-potency hemp
edible wholesaler employee; and
(7) the lower-potency hemp edible
wholesaler complies with any other rules adopted by the office related to the
transportation of lower-potency hemp edibles by a lower-potency hemp edible
wholesaler, except that rules requiring a lower-potency hemp edible wholesaler
to randomize delivery times and routes or staff vehicles with multiple
employees do not apply.
(d) Any vehicle assigned for the
purposes of transporting lower-potency hemp edibles is subject to inspection at
any time.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. Minnesota Statutes 2024, section 342.46, subdivision 1, is amended to read:
Subdivision 1. Sale
of lower-potency hemp edibles Authorized actions. (a) A lower-potency hemp edible retailer may
only sell lower-potency hemp edibles to individuals who are at least 21 years
of age. 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:
(b) A lower-potency hemp edible
retailer may sell lower-potency hemp edibles that:
(1) are obtained purchase
lower-potency hemp edibles from a licensed Minnesota cannabis
microbusiness, cannabis mezzobusiness, cannabis manufacturer, cannabis
wholesaler, or lower-potency hemp edible manufacturer, or
lower-potency hemp edible wholesaler; and
(2) meet all applicable packaging and
labeling requirements sell lower-potency hemp edibles that meet all
packaging and labeling requirements to customers who are at least 21 years of
age;
(3) transport and deliver lower-potency
hemp edibles to customers; and
(4) perform other actions approved by the office.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. Minnesota Statutes 2024, section 342.46, is amended by adding a subdivision to read:
Subd. 1a. Retailer
operations endorsement. In
addition to the information required to be submitted under section 342.44,
subdivision 1, a lower-potency hemp edible retailer that intends to operate a
retail establishment must indicate that intent in the form and manner approved
by the office.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Subd. 1b. Delivery
endorsement. (a) In addition
to the information required to be submitted under section 342.44, subdivision
1, a lower-potency hemp edible retailer that delivers lower-potency hemp
edibles must submit the following information in a form approved by the office:
(1) proof of insurance for each
vehicle;
(2) a business plan demonstrating
policies to avoid sales of lower-potency hemp edibles to individuals who are
under 21 years of age; and
(3) evidence that the business will
comply with the applicable operation requirements for the license being sought.
(b) A lower-potency hemp edible
retailer with a delivery endorsement:
(1) must ensure that lower-potency hemp
edibles are not visible from outside the delivery vehicle;
(2) must ensure that a vehicle that
contains lower-potency hemp edibles is (i) secured by turning off the ignition,
locking all doors and storage compartments, and removing the operating keys or
device, or (ii) attended by a lower-potency hemp edible retailer employee; and
(3) must not use a vehicle or trailer
with 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 delivery vehicle is used for transporting lower-potency hemp edibles.
(c) Any vehicle delivering
lower-potency hemp edibles is subject to inspection at any time.
(d) The office may, by policy,
establish limits on the amount of lower-potency hemp edibles that a single
delivery vehicle may transport at any time.
If the office establishes limits under this paragraph, the office must
notify all lower-potency hemp edible retailers with a delivery endorsement of
the limit and must post the limit on the office's publicly accessible website.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Minnesota Statutes 2024, section 342.46, subdivision 3, is amended to read:
Subd. 3. Age verification. Prior to initiating a sale or completing a delivery, 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.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. Minnesota Statutes 2024, section 342.46, subdivision 4, is amended to read:
Subd. 4. Display and storage of lower-potency hemp edibles. A lower-potency hemp edible retailer operating a retail location shall ensure that all lower-potency hemp edibles, other than lower-potency hemp edibles that are intended to be consumed as a beverage, are displayed behind a checkout counter where the public is not permitted or in a locked case. All lower-potency hemp edibles that are not displayed must be stored in a secure area.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
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) all departures, arrivals, and stops are appropriately documented;
(5) no person other than a designated employee enters a vehicle at any time that the vehicle is transporting lower-potency hemp edibles; and
(6) the lower-potency hemp edible retailer complies with any other rules adopted by the office, except that rules requiring a lower-potency hemp edible retailer to randomize delivery times and routes or staff vehicles with multiple employees do not apply.
(b) Any vehicle assigned for the purposes of transporting lower-potency hemp edibles is subject to inspection at any time.
(c) The requirements under paragraph (a)
do not apply to the delivery of lower-potency hemp edibles to customers by a
lower-potency hemp edible retailer with a delivery endorsement.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 27. Minnesota Statutes 2024, section 342.46, subdivision 6, is amended to read:
Subd. 6. Compliant
products. (a) A lower-potency
hemp edible retailer shall ensure that all lower-potency hemp edibles products
containing cannabinoids offered for sale qualify as hemp-derived topical
products or lower-potency hemp edibles and comply with the all
applicable limits on the amount and types of cannabinoids that a
lower-potency hemp edible the product 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 hemp edible must indicate each serving by scoring, wrapping, or
other indicators that appear on the lower-potency hemp edible designating the
individual serving size. If it is not
possible to indicate a single serving by scoring or use of another indicator
that appears on the product, the lower-potency hemp edible may not be packaged
in a manner that includes more than a single serving in each container, except
that a calibrated dropper, measuring spoon, or similar device for measuring
a single serving may be used for any edible cannabinoid products that are
intended to be combined with food or beverage products prior to consumption. If the lower-potency hemp edible is meant to
be consumed as a beverage, the beverage container may not contain more than two
servings per container.
(c) A single package
containing multiple servings of a lower-potency hemp edible must contain no
more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams of
cannabidiol, 250 milligrams of cannabigerol, or any combination of those
cannabinoids that does not exceed the identified amounts.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28. Minnesota Statutes 2024, section 342.46, subdivision 7, is amended to read:
Subd. 7. Prohibitions. A lower-potency hemp edible retailer may
must not:
(1) sell or deliver lower-potency hemp edibles to an individual who is under 21 years of age;
(2) sell or deliver a lower-potency hemp edible to a person who is visibly intoxicated;
(3) sell or deliver 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 except when the business is licensed to permit on-site consumption and samples are consumed within its licensed premises.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Minnesota Statutes 2024, section 342.46, subdivision 9, is amended to read:
Subd. 9. Posting of notices. A lower-potency hemp edible retailer with a retail endorsement must post all notices as provided in section 342.27, subdivision 6.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 30. Minnesota Statutes 2024, section 342.62, subdivision 2, is amended to read:
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 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 intended to be consumed as a beverage.
(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) Notwithstanding paragraph (c), any
edible cannabinoid products that are intended to be combined with food or
beverage products before consumption must indicate a single serving using one
of the following methods:
(1) the product is packaged in
individual servings;
(2) the product
indicates a single serving by scoring or use of another indicator that appears
on the product; or
(3) the product is sold with a
calibrated dropper, measuring spoon, or similar device for measuring a single
serving.
(e) A package containing multiple
servings of a lower-potency hemp edible that is not intended to be consumed as
a beverage must not contain:
(1) more than 50 milligrams of delta-9
tetrahydrocannabinol;
(2) more than 1,000 milligrams of
cannabidiol, cannabigerol, cannabinol, or cannabichromene:
(3) more than the established limit of
any other cannabinoid authorized by the office; or
(4) any combination of those
cannabinoids that exceeds the identified amounts for the applicable product
category.
(f) A single container containing a
lower-potency hemp edible product that is intended to be consumed as a beverage
must not contain:
(1) more than ten milligrams of delta-9
tetrahydrocannabinol;
(2) more than 200 milligrams of
cannabidiol, cannabigerol, cannabinol, or cannabichromene;
(3) more than the established limit of
any other cannabinoid authorized by the office; or
(4) any combination of those
cannabinoids that exceeds the identified amounts for the applicable product
category.
(d) (g) 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.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31. Minnesota Statutes 2024, section 342.63, subdivision 5, is amended to read:
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;
(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.
Sec. 32. Minnesota Statutes 2024, section 342.65, is amended to read:
342.65
INDUSTRIAL HEMP; PRODUCTS FOR SALE IN OTHER JURISDICTIONS.
(a) 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.
(b) Nothing in this chapter prohibits a
person who does not hold a license issued by the office from manufacturing,
packaging, labeling, and distributing products containing cannabinoids derived
from hemp that are not identified in paragraph (a) if:
(1) the products are intended,
distributed, and offered for sale only in jurisdictions other than Minnesota;
and
(2) the products' packaging clearly
states that the products are not for sale in Minnesota.
(c) The office may take enforcement
action as provided in section 342.19, subdivision 6, if the office determines
that the person:
(1) sold or offered for sale in
Minnesota any product containing cannabinoids that is not identified in
paragraph (a); or
(2) manufactured, distributed, or
stored any product containing cannabinoids derived from hemp that is not
identified in paragraph (a) with the intent that the product be offered for
sale in Minnesota.
Sec. 33. Minnesota Statutes 2024, section 342.66, subdivision 6, is amended to read:
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;
(5) to be consumed through injection or
application to nonintact skin or a mucous membrane or nonintact skin,
except for products applied sublingually.
(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 3,
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."
Delete the title and insert:
"A bill for an act relating to
cannabis; modifying provisions regarding the sale of cannabinoids derived from
hemp; modifying medical cannabis provisions; modifying cannabis business
provisions; modifying the limits of delta-9 tetrahydrocannabinol in edible
cannabinoid products and lower-potency hemp edibles when intended to be
consumed as beverages; amending Minnesota Statutes 2024, sections 151.72,
subdivisions 3, 5a; 152.22, subdivisions 4, 7, 10, 13; 152.24; 152.25; 152.26;
152.261; 152.27, subdivisions 2, 7; 152.28, subdivisions 1, 3; 152.29,
subdivisions 1, 2, 3a, 4; 152.31; 152.32, subdivision 2; 152.33, subdivisions
1a, 4; 152.35; 152.37; 342.01, subdivisions 9, 34, 47, 48, 50, 71, by adding
subdivisions; 342.02, subdivision 3; 342.09, subdivision 2; 342.10; 342.11;
342.12; 342.13; 342.14, subdivisions 1, 3, 6; 342.151, subdivisions 2, 3;
342.17; 342.18, subdivision 2; 342.22, subdivision 3, by adding a subdivision;
342.28, subdivisions 1, 8; 342.29, subdivisions 1, 7; 342.30, subdivision 1;
342.32, subdivisions 1, 4, 5; 342.33, subdivision 1; 342.34, subdivision 5;
342.36, subdivision 6; 342.37, by adding subdivisions; 342.39, subdivision 3;
342.43, subdivisions 1, 2, by adding a subdivision; 342.44, subdivision 1;
342.45, by adding subdivisions; 342.46, subdivisions 1, 3, 4, 5, 6, 7, 9, by
adding subdivisions; 342.51, subdivision 2, by adding a subdivision; 342.515,
subdivisions 1, 5; 342.52, subdivision 9, by adding a subdivision; 342.57;
342.59, subdivision 2; 342.61, subdivision 4; 342.62, subdivision 2; 342.63,
subdivisions 2, 3, 5, 6; 342.65; 342.66, subdivision 6; proposing coding for
new law in Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2024,
sections 152.22, subdivision 2; 342.151, subdivision 1; 342.36, subdivision 5."
The
motion prevailed and the amendment was adopted.
Page 23, line 22, after "(11)" insert "manufacture," and after "package" insert a comma
Page 23, after line 25, insert:
"(12) transport and deliver medical cannabis flower and medical cannabinoid products to medical cannabis processors, medical cannabis retailers, other medical cannabis combination businesses, patients enrolled in the registry program, registered designated caregivers, and parents, legal guardians, and spouses of an enrolled patient;"
Page 23, line 26, strike "(12)" and insert "(13) manufacture," and after "package" insert a comma
Page 23, line 27, after "customers" insert "and other cannabis businesses"
Page 23, line 28, strike "(13)" and insert "(14)"
Page 24, line 1, strike "(14)" and insert "(15)"
Page 24, line 3, strike the second "and"
Page 24, after line 3, insert:
"(16) transport 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;
(17) sell and transport lower-potency hemp edibles to lower-potency hemp edible retailers and lower-potency hemp edible wholesalers; and"
Page 24, line 4, strike "(15)" and insert "(18)"
Page 24, after line 26, insert:
"Sec. 34. Minnesota Statutes 2024, section 342.515, subdivision 7, is amended to read:
Subd. 7. Transportation
between facilities. A medical
cannabis combination business may 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 between facilities operated by the
medical cannabis combination business if the medical cannabis combination
business:
(1) provides the office with the information described in section 342.35, subdivision 2; and
(2) complies with the requirements of section 342.36."
Page 38, line 20, reinstate the stricken language and delete the new language
Page 38, delete lines 22 and 23
Page 39, line 27, after "wholesaler" insert ", a medical cannabis combination business"
Page 42, line 20, strike "and" and after "wholesalers" insert ", and medical cannabis combination businesses"
Page 43, line 21, after "manufacturers" insert ", medical cannabis combination businesses"
Page 64, after line 28, insert:
"Sec. 18. Minnesota Statutes 2024, section 342.45, subdivision 1, is amended to read:
Subdivision 1. Authorized actions. A lower-potency hemp edible manufacturer license, consistent with the specific license endorsement or endorsements, 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, and lower-potency hemp edible manufacturers;
(2) purchase hemp plant parts and propagules from industrial hemp growers licensed under chapter 18K;
(3) purchase hemp concentrate from an industrial hemp processor licensed under chapter 18K;
(4) make hemp concentrate;
(5) manufacture artificially derived cannabinoids;
(6) manufacture lower-potency hemp edibles for public consumption;
(7) package and label lower-potency hemp edibles for sale to customers;
(8) sell hemp concentrate, artificially
derived cannabinoids, and lower-potency hemp edibles to other cannabis
businesses and hemp businesses; and
(9) manufacture, package, and label
products containing cannabinoids that are intended for sale outside of the
state;
(10) store products containing
cannabinoids that are intended for sale outside of the state;
(11) sell products containing
cannabinoids that do not qualify as lower-potency hemp edibles to customers
outside of the state; and
(9) (12) perform other
actions approved by the office.
Sec. 19. Minnesota Statutes 2024, section 342.45, is amended by adding a subdivision to read:
Subd. 4a. Products
intended for sale in other jurisdictions.
(a) A lower-potency hemp edible manufacturer that produces
products containing cannabinoids that do not qualify as lower-potency hemp
edibles and are intended for sale only in jurisdictions other than Minnesota
must obtain a hemp product exporter endorsement from the office.
(b) All areas within
the premises of a lower-potency hemp edible manufacturer used for producing
products containing cannabinoids that do not qualify as lower-potency hemp
edibles must meet the sanitary standards specified in rules adopted by the
office.
(c) A lower-potency hemp edible
manufacturer must not add any cannabis flower, cannabis concentrate, or
cannabinoid derived from cannabis flower or cannabis concentrate to products
containing cannabinoids that do not qualify as lower-potency hemp edibles.
(d) All products containing
cannabinoids that do not qualify as lower-potency hemp edibles and are
intended, distributed, and offered for sale only in jurisdictions other than
Minnesota must be physically separated from all lower-potency hemp edibles
during the manufacturing, packaging, and labeling process.
(e) All products containing
cannabinoids that do not qualify as lower-potency hemp edibles and are
intended, distributed, and offered for sale only in jurisdictions other than
Minnesota must be tested as provided in section 342.61 and must meet all standards
established by the office except for any limits on the amount of any
cannabinoid a product may contain. The
packaging of such products must contain verification that the product was
tested according to section 342.61 and that the product complies with applicable
standards except for any limits on the amount of any cannabinoid a product may
contain. The packaging must also include
the product's batch number and the cannabinoid profile per serving and in
total.
(f) The packaging of all products
containing cannabinoids that do not qualify as lower-potency hemp edibles and
are intended, distributed, and offered for sale only in jurisdictions other
than Minnesota must clearly state that the products are not for sale in
Minnesota.
(g) A lower-potency hemp edible
manufacturer must not sell or offer for sale products containing cannabinoids
that do not qualify as lower-potency hemp edibles in Minnesota and must not
manufacture, distribute, or store such products knowing or having reason to
know that the products will be sold in Minnesota.
(h) The office may suspend, revoke, or cancel the license or endorsement of a lower-potency hemp edible manufacturer 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 lower-potency hemp edible manufacturer 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."
Page 65, delete section 19
Page 66, line 9, delete "and"
Page 66, after line 9, insert:
"(4) purchase and store products
containing cannabinoids that are intended for sale outside of the state;
(5) sell products containing cannabinoids that do not qualify as lower-potency hemp edibles to customers outside of the state; and"
Page 66, line 10, delete "(4)" and insert "(6)"
"Subd. 4. Products
intended for sale in other jurisdictions.
(a) A lower-potency hemp edible wholesaler that purchases,
stores, transports, or sells products containing cannabinoids that do not
qualify as lower-potency hemp edibles and are intended for sale only in
jurisdictions other than Minnesota must obtain a hemp product exporter
endorsement from the office.
(b) All products containing cannabinoids
that do not qualify as lower-potency hemp edibles and are intended,
distributed, and offered for sale only in jurisdictions other than Minnesota
must be physically separated from all lower-potency hemp edibles and must be in
packaging that clearly states that the products are not for sale in Minnesota.
(c) All products containing cannabinoids
that do not qualify as lower-potency hemp edibles and are intended,
distributed, and offered for sale only in jurisdictions other than Minnesota
must be packaged in a manner that includes verification that the product was
tested according to section 342.61 and that the product complies with
applicable standards except for any limits on the amount of any cannabinoid a
product may contain. The packaging must
also include the product's batch number and the cannabinoid profile per serving
and in total.
(d) A lower-potency hemp edible
wholesaler must not sell or offer for sale products containing cannabinoids
that do not qualify as lower-potency hemp edibles in Minnesota and must not
distribute or store such products knowing or having reason to know that the
products will be sold in Minnesota.
(e) The office may suspend, revoke, or cancel the license or endorsement of a lower-potency hemp edible wholesaler 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 lower-potency hemp edible 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."
Renumber the subdivisions in sequence
Page 69, line 14, after "wholesaler" insert ", medical cannabis combination business"
Page 75, delete section 32
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Robbins moved to amend the West amendment to S. F. No. 2370, the second engrossment, as amended, as follows:
Page 2, after line 16, insert:
"Page 49, after line 32, insert:
"Sec. 26. Minnesota Statutes 2024, section 342.64, subdivision 1, is amended to read:
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;
(3) promotes the overconsumption of cannabis flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product;
(4) promotes the consumption of alcohol
while consuming cannabis flower, a cannabis product, a lower-potency hemp
edible, or a hemp-derived consumer product;
(4) (5) 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) (6) 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;
(6) (7) contains an image of
alcohol or a person or persons consuming alcohol; and
(7) (8) does not contain a
warning as specified by the office regarding impairment and health
risks.""
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the West
amendment, as amended, to S. F. No. 2370, the second
engrossment, as amended. The motion
prevailed and the amendment, as amended, was adopted.
S. F. No. 2370, A bill for
an act relating to cannabis; including the Office of Cannabis Management as an
agency for the purpose of having a government-to-government relationship with
Tribal governments; modifying provisions regarding the sale of cannabinoids
derived from hemp; modifying medical cannabis provisions; modifying
hemp-derived topical product provisions; modifying cannabis license application
requirements; modifying the limits of delta-9 tetrahydrocannabinol in edible
cannabinoid products and lower-potency hemp edibles when intended to be
consumed as beverages; allowing samples at cannabis events; modifying
expungement and resentencing provisions for felony cannabis offenses; amending
Minnesota Statutes 2024, sections 10.65, subdivision 2; 151.72, subdivisions 3,
5a; 152.22, subdivisions 4, 7, 10, 13; 152.24; 152.25; 152.26; 152.261; 152.27,
subdivisions 2, 7; 152.28, subdivisions 1, 3; 152.29, subdivisions 1, 2, 3a, 4;
152.31; 152.32, subdivision 2; 152.33, subdivisions 1a, 4; 152.35; 152.37; 342.01,
subdivisions 9, 47, 50, 71, by adding subdivisions; 342.02, subdivision 3;
342.09, subdivision 2; 342.12; 342.14, subdivisions 1, 3, 6; 342.151,
subdivisions 2, 3; 342.22, subdivision 3; 342.28, subdivisions 1, 8; 342.29,
subdivisions 1, 7; 342.30, subdivision 1; 342.32, subdivisions 4, 5; 342.33,
subdivision 1; 342.40, subdivision 7, by adding a subdivision; 342.43, by
adding a subdivision; 342.44, subdivision 1; 342.45, by adding a subdivision;
342.46, subdivision 6; 342.51, subdivision 2, by adding a subdivision; 342.52,
subdivision 9, by adding a subdivision; 342.56, subdivision 2; 342.57; 342.59,
subdivision 2; 342.61, subdivision 4; 342.63, subdivisions 2, 3, 5, 6; 342.66,
subdivision 6; 609A.06, subdivisions 3, 7, 10, 12; repealing Minnesota Statutes
2024, sections 152.22, subdivision 2; 342.151, subdivision 1.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 82 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Bahner
Bennett
Berg
Bierman
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Huot
Hussein
Igo
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Niska
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Rymer
Sencer-Mura
Skraba
Smith
Stephenson
Tabke
Vang
Virnig
Warwas
West
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Gander
Gillman
Harder
Heintzeman
Hudson
Jacob
Johnson, W.
Joy
Knudsen
Kresha
Lawrence
McDonald
Mekeland
Murphy
Nash
Nelson
Novotny
O'Driscoll
Olson
Quam
Rarick
Repinski
Roach
Robbins
Schomacker
Schultz
Schwartz
Scott
Sexton
Stier
Swedzinski
Torkelson
Van Binsbergen
Wiener
Witte
The
bill was passed, as amended, and its title agreed to.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2446:
Anderson, P. H.; Hansen, R.; Harder;
Smith; Burkel and Gottfried.
The Speaker called Olson to the Chair.
CALENDAR FOR
THE DAY, Continued
Pursuant to Rule 10.05, relating to Remote
House Operations, the DFL Caucus Leader permitted the following member to vote
via remote means for the remainder of today’s session: Acomb.
S. F. No. 2077, A bill for
an act relating to state government; appropriating money for environment and
natural resources; appropriating money from environment and natural resources
trust fund; modifying prior appropriations; modifying fees and surcharges;
modifying disposition of certain funds; modifying and establishing duties,
authorities, and prohibitions regarding environment and natural resources;
modifying and creating environment and natural resources programs; modifying
and creating grant programs; providing civil and criminal penalties;
authorizing rulemaking; modifying state trail, state forest, and state park
provisions; authorizing sales, conveyances, and leases of certain state lands;
modifying forestry provisions; modifying game and fish provisions; making
technical changes; requiring reports; amending Minnesota Statutes 2024,
sections 84.027, by adding a subdivision; 86B.415, subdivision 7; 97A.223,
subdivision 1; 97A.421, by adding a subdivision; 97A.465, by adding a
subdivision; 97A.475, subdivisions 2, 6; 103G.271, subdivision 6; 103G.301,
subdivision 2; 115B.421; 116.07, by adding a subdivision; 116.073, subdivisions
1, 2; Laws 2023, chapter 60, article 1, sections 2, subdivisions 2, 7, 10; 3,
subdivision 6; Laws 2024, chapter 83, section 2, subdivisions 3, 8; proposing
coding for new law in Minnesota Statutes, chapters 84; 86B; 325F.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Davis
Dippel
Murphy
Roach
Wiener
The
bill was passed and its title agreed to.
H. F. No. 2434 was reported
to the House.
Page 92, after line 14, insert:
"Sec. 11. Minnesota Statutes 2024, section 245.735, subdivision 3, is amended to read:
Subd. 3. Certified community behavioral health clinics. (a) The commissioner shall establish state certification and recertification processes for certified community behavioral health clinics (CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified under this section to be eligible for reimbursement under medical assistance, without service area limits based on geographic area or region. The commissioner shall consult with CCBHC stakeholders before establishing and implementing changes in the certification or recertification process and requirements. Any changes to the certification or recertification process or requirements must be consistent with the most recently issued Certified Community Behavioral Health Clinic Certification Criteria published by the Substance Abuse and Mental Health Services Administration. The commissioner must allow a transition period for CCBHCs to meet the revised criteria on or before January 1, 2025. The commissioner is authorized to amend the state's Medicaid state plan or the terms of the demonstration to comply with federal requirements.
(b) As part of the state CCBHC certification and recertification processes, the commissioner shall provide to entities applying for certification or requesting recertification the standard requirements of the community needs assessment and the staffing plan that are consistent with the most recently issued Certified Community Behavioral Health Clinic Certification Criteria published by the Substance Abuse and Mental Health Services Administration.
(c) The commissioner shall schedule a certification review that includes a site visit within 90 calendar days of receipt of an application for certification or recertification.
(d) Entities that choose to be CCBHCs must:
(1) complete a community needs assessment and complete a staffing plan that is responsive to the needs identified in the community needs assessment and update both the community needs assessment and the staffing plan no less frequently than every 36 months;
(2) comply with state licensing requirements and other requirements issued by the commissioner;
(3) employ or contract with a medical director. A medical director must be a physician licensed under chapter 147 and either certified by the American Board of Psychiatry and Neurology, certified by the American Osteopathic Board of Neurology and Psychiatry, or eligible for board certification in psychiatry. A registered nurse who is licensed under sections 148.171 to 148.285 and is certified as a nurse practitioner in adult or family psychiatric and mental health nursing by a national nurse certification organization may serve as the medical director when a CCBHC is unable to employ or contract a qualified physician;
(4) employ or contract for clinic staff who have backgrounds in diverse disciplines, including licensed mental health professionals and licensed alcohol and drug counselors, and staff who are culturally and linguistically trained to meet the needs of the population the clinic serves;
(5) ensure that clinic services are available and accessible to individuals and families of all ages and genders with access on evenings and weekends and that crisis management services are available 24 hours per day;
(6) establish fees for clinic services for individuals who are not enrolled in medical assistance using a sliding fee scale that ensures that services to patients are not denied or limited due to an individual's inability to pay for services;
(8) provide crisis mental health and substance use services, withdrawal management services, emergency crisis intervention services, and stabilization services through existing mobile crisis services; screening, assessment, and diagnosis services, including risk assessments and level of care determinations; person- and family-centered treatment planning; outpatient mental health and substance use services; targeted case management; psychiatric rehabilitation services; peer support and counselor services and family support services; and intensive community‑based mental health services, including mental health services for members of the armed forces and veterans. CCBHCs must directly provide the majority of these services to enrollees, but may coordinate some services with another entity through a collaboration or agreement, pursuant to subdivision 3a;
(9) provide coordination of care across settings and providers to ensure seamless transitions for individuals being served across the full spectrum of health services, including acute, chronic, and behavioral needs;
(10) be certified as a mental health clinic under section 245I.20;
(11) comply with standards established by the commissioner relating to CCBHC screenings, assessments, and evaluations that are consistent with this section;
(12) be licensed to provide substance use disorder treatment under chapter 245G;
(13) be certified to provide children's therapeutic services and supports under section 256B.0943;
(14) be certified to provide adult rehabilitative mental health services under section 256B.0623;
(15) be enrolled to provide mental health crisis response services under section 256B.0624;
(16) be enrolled to provide mental health targeted case management under section 256B.0625, subdivision 20;
(17) provide services that comply with the evidence-based practices described in subdivision 3d;
(18) provide peer services as defined in
sections 256B.0615, 256B.0616, and 245G.07, subdivision 2 2a,
paragraph (b), clause (8) (2), as applicable when peer
services are provided; and
(19) inform all clients upon initiation of care of the full array of services available under the CCBHC model."
Page 92, after line 25, insert:
"Sec. 13. Minnesota Statutes 2024, section 245F.08, subdivision 3, is amended to read:
Subd. 3. Peer
recovery support services. Peer
recovery support services must meet the requirements in section 245G.07,
subdivision 2 2a, paragraph (b), clause (8) (2),
and must be provided by a person who is qualified according to the requirements
in section 245F.15, subdivision 7."
Page 116, line 27, strike "2" and insert "2a, paragraph (b)" and strike "(8)" and insert "(2)"
Page 213, line 4, delete "subdivision" and insert "subdivisions" and delete everything after "1a" and insert "to 2, by 30 percent"
Page 213, line 5, delete "appropriations"
Page 231, delete section 8 and insert:
|
Subd. 19. Direct
Care and Treatment - Forensic Services |
|
-0- |
|
7,752,000 |
(a) Employee incentives. $1,000,000 in fiscal year 2025 is for incentives related to the transition of CARE St. Peter to the forensic mental health program. Employee incentive payments under this paragraph must be made to all employees who transitioned from CARE St. Peter to another Direct Care and Treatment program, including employees who transitioned prior to the closure of CARE St. Peter. Employee incentive payments must total $30,000 per transitioned employee, subject to the payment schedule and service requirements in this paragraph. The first incentive payment of $4,000 must be made after the employee has completed six months of service as an employee of another Direct Care and Treatment program, followed by $6,000 at 12 months of completed service, $8,000 at 18 months of completed service, and $12,000 at 24 months of completed service. This is a onetime appropriation and is available until June 30, 2027.
(b) Base Level Adjustment. The general fund base is increased by $6,612,000 in fiscal year 2026 and increased by $6,612,000 in fiscal year 2027.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Perryman moved to amend H. F. No. 2434, the second engrossment, as amended, as follows:
Page 4, after line 30, insert:
"Sec. 3. Minnesota Statutes 2024, section 256.9752, subdivision 3, is amended to read:
Subd. 3. Nutrition support services. (a) Funds allocated to an area agency on aging for nutrition support services may be used for the following:
(1) transportation of home-delivered meals and purchased food and medications to the residence of a senior citizen;
(2) expansion of home-delivered meals into unserved and underserved areas;
(3) transportation to supermarkets or delivery of groceries from supermarkets to homes;
(4) vouchers for food purchases at selected restaurants in isolated rural areas;
(6) transportation of seniors to congregate dining sites;
(7) nutrition screening assessments and
counseling as needed by individuals with special dietary needs, performed by a
licensed dietitian or nutritionist; and
(8)
other appropriate services which support senior nutrition programs, including
new service delivery models; and
(9) innovative models of providing healthy and nutritious meals to seniors, including through partnerships with schools, restaurants, and other community partners.
(b) An area agency on aging may transfer unused funding for nutrition support services to fund congregate dining services and home-delivered meals, but state funds transferred under this paragraph are not subject to federal requirements."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Nadeau moved to amend H. F. No. 2434, the second engrossment, as amended, as follows:
Page 226, after line 2, insert:
"Sec. 26. Laws 2023, chapter 61, article 9, section 2, subdivision 13, is amended to read:
|
Subd. 13. Grant Programs; Other Long-Term Care Grants |
152,387,000 |
|
1,925,000 |
(a) Provider Capacity Grant for Rural and Underserved Communities. $17,148,000 in fiscal year 2024 is for provider capacity grants for rural and underserved communities. Notwithstanding Minnesota Statutes, section 16A.28, this appropriation is available until June 30, 2027. This is a onetime appropriation.
(b) New American Legal, Social Services, and Long-Term Care Grant Program. $28,316,000 in fiscal year 2024 is for long-term care workforce grants for new Americans. Notwithstanding Minnesota Statutes, section 16A.28, this appropriation is available until June 30, 2027. This is a onetime appropriation.
(c) Supported Decision Making Programs.
$4,000,000 in fiscal year 2024 is for supported decision making
grants. This is a onetime appropriation
and is available until June 30, 2025 2027.
(d) Direct Support Professionals Employee-Owned Cooperative Program. $350,000 in fiscal year 2024 is for a grant to the Metropolitan Consortium of Community Developers for the
(e) Long-Term Services and Supports Workforce Incentive Grants. $83,560,000 in fiscal year 2024 is for long-term services and supports workforce incentive grants administered according to Minnesota Statutes, section 256.4764. Notwithstanding Minnesota Statutes, section 16A.28, this appropriation is available until June 30, 2029. This is a onetime appropriation.
(f) Base Level Adjustment. The general fund base is $3,949,000 in fiscal year 2026 and $3,949,000 in fiscal year 2027. Of these amounts, $2,024,000 in fiscal year 2026 and $2,024,000 in fiscal year 2027 are for PCA background study grants.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Curran moved to amend H. F. No. 2434, the second engrossment, as amended, as follows:
Page 29, after line 21, insert:
"Sec. 12. Minnesota Statutes 2024, section 256B.0911, subdivision 1, is amended to read:
Subdivision 1. Purpose and goal. (a) The purpose of long-term care consultation services is to assist persons with long-term or chronic care needs in making care decisions and selecting support and service options that meet their needs and reflect their preferences. The availability of, and access to, information and other types of assistance, including long-term care consultation assessment and support planning, is also intended to prevent or delay institutional placements and to provide access to transition assistance after placement. Further, the goal of long-term care consultation services is to contain costs associated with unnecessary institutional admissions. Long‑term care consultation services must be available to any person regardless of public program eligibility.
(b) The commissioner of human services shall seek to maximize use of available federal and state funds and establish the broadest program possible within the funding available.
(c) Long-term care consultation services
must be coordinated with long-term care options counseling, long-term care
options counseling for assisted living at critical care transitions,
the Disability Hub, and preadmission screening.
(d) A lead agency providing long-term care consultation services shall encourage the use of volunteers from families, religious organizations, social clubs, and similar civic and service organizations to provide community‑based services.
Subd. 10. Definitions. (a) For purposes of this section, the following definitions apply.
(b) "Available service and setting options" or "available options," with respect to the home and community‑based waivers under chapter 256S and sections 256B.092 and 256B.49, means all services and settings defined under the waiver plan for which a waiver applicant or waiver participant is eligible.
(c) "Competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting, and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities.
(d) "Cost-effective" means community services and living arrangements that cost the same as or less than institutional care. For an individual found to meet eligibility criteria for home and community-based service programs under chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally approved waiver plan for each program.
(e) "Independent living" means living in a setting that is not controlled by a provider.
(f) "Informed choice" has the meaning given in section 256B.4905, subdivision 1a.
(g) "Lead agency" means a county administering or a Tribe or health plan under contract with the commissioner to administer long-term care consultation services.
(h) "Long-term care consultation services" means the activities described in subdivision 11.
(i) "Long-term care options counseling" means the services provided by sections 256.01, subdivision 24, and 256.975, subdivision 7, and also includes telephone assistance and follow-up after a long-term care consultation assessment has been completed.
(j) "Long-term care options counseling
for assisted living at critical care transitions" means the
services provided under section 256.975, subdivisions subdivision
7e to 7g.
(k) "Minnesota health care programs" means the medical assistance program under this chapter and the alternative care program under section 256B.0913.
(l) "Person-centered planning" is a process that includes the active participation of a person in the planning of the person's services, including in making meaningful and informed choices about the person's own goals, talents, and objectives, as well as making meaningful and informed choices about the services the person receives, the settings in which the person receives the services, and the setting in which the person lives.
(m) "Preadmission screening" means the services provided under section 256.975, subdivisions 7a to 7c.
Sec. 14. Minnesota Statutes 2024, section 256B.0911, subdivision 13, is amended to read:
Subd. 13. MnCHOICES assessor qualifications, training, and certification. (a) The commissioner shall develop and implement a curriculum and an assessor certification process.
(b) MnCHOICES certified assessors must have received training and certification specific to assessment and consultation for long-term care services in the state and either:
(1) either
have a bachelor's at least an associate's degree in social
work human services, or other closely related field;
(2) have at least an
associate's degree in nursing with a public health nursing certificate, or
other closely related field; or
(3) be a registered nurse; and.
(2) have received training and
certification specific to assessment and consultation for long-term care
services in the state.
(c) Certified assessors shall demonstrate best practices in assessment and support planning, including person‑centered planning principles, and have a common set of skills that ensures consistency and equitable access to services statewide.
(d) Certified assessors must be recertified every three years.
Sec. 15. Minnesota Statutes 2024, section 256B.0911, subdivision 14, is amended to read:
Subd. 14. Use of MnCHOICES certified assessors required. (a) Each lead agency shall use MnCHOICES certified assessors who have completed MnCHOICES training and the certification process determined by the commissioner in subdivision 13.
(b) Each lead agency must ensure that the lead agency has sufficient numbers of certified assessors to provide long-term consultation assessment and support planning within the timelines and parameters of the service.
(c) A lead agency may choose, according to departmental policies, to contract with a qualified, certified assessor to conduct assessments and reassessments on behalf of the lead agency.
(d) Tribes and health plans under contract with the commissioner must provide long-term care consultation services as specified in the contract.
(e) A lead agency must provide the commissioner with an administrative contact for communication purposes.
(f) A lead agency may contract under
this subdivision with any hospital licensed under sections 144.50 to 144.56 to
conduct assessments of patients in the hospital on behalf of the lead agency
when the lead agency has failed to meet its obligations under subdivision 17. The contracted assessment must be conducted
by a hospital employee who is a qualified, certified assessor. The hospital employees who perform
assessments under the contract between the hospital and the lead agency may
perform assessments in addition to other duties assigned to the employee by the
hospital, except the hospital employees who perform the assessments under
contract with the lead agency must not perform any waiver-related tasks other
than assessments. Hospitals are not
eligible for reimbursement under subdivision 33. The lead agency that enters into a contract
with a hospital under this paragraph is responsible for oversight, compliance,
and quality assurance for all assessments performed under the contract.
Sec. 16. Minnesota Statutes 2024, section 256B.0911, subdivision 17, is amended to read:
Subd. 17. MnCHOICES
assessments. (a) A person
requesting long-term care consultation services must be visited by a
long-term care consultation team must begin an assessment of a person
requesting long-term care consultation services or for whom long-term care
consultation services were recommended, including an estimated timeline to full
completion of the assessment within 20 working days after the date on which
an assessment was requested or recommended.
(b) Assessments must be conducted according to this subdivision and subdivisions 19 to 21, 23, 24, and 29 to 31.
(b) (c) Lead agencies shall
use certified assessors to conduct the assessment.
(c)
(d) (e) The lead agency must
use the MnCHOICES assessment provided by the commissioner to complete a
comprehensive, conversation-based, person-centered assessment. The assessment must include the health,
psychological, functional, environmental, and social needs of the individual
necessary to develop a person-centered assessment summary that meets the
individual's needs and preferences.
(e) (f) Except as provided
in subdivision 24, an assessment must be conducted by a certified assessor in
an in‑person conversational interview with the person being assessed."
Page 30, line 22, after "attestation" insert "or alternative" and before "Effective" insert "(a)"
Page 30, line 24, after "attestation" insert "or another alternative" and before the period, insert "for service initiation"
Page 30, after line 24, insert:
"(b) Within 30 days of completion of a reassessment, an assessor must send a request for written attestation via mail to obtain a signature from the service recipient."
Page 31, after line 23, insert:
"(f) The person has appeal rights under sections 256.045, subdivision 3, upon denial of attestation to no changes in needs or services."
Page 32, after line 10, insert:
"Sec. 16. Minnesota Statutes 2024, section 256B.0911, subdivision 30, is amended to read:
Subd. 30. Assessment and support planning; supplemental information. The lead agency must give the person receiving long-term care consultation services or the person's legal representative materials and forms supplied by the commissioner containing the following information:
(1) written recommendations for community-based services and consumer-directed options;
(2) documentation that the most cost-effective alternatives available were offered to the person;
(3) the need for and purpose of preadmission screening conducted by long-term care options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects nursing facility placement. If the person selects nursing facility placement, the lead agency shall forward information needed to complete the level of care determinations and screening for developmental disability and mental illness collected during the assessment to the long-term care options counselor using forms provided by the commissioner;
(4) the role of long-term care consultation assessment and support planning in eligibility determination for waiver and alternative care programs and state plan home care, case management, and other services as defined in subdivision 11, clauses (7) to (10);
(5) information about Minnesota health care programs;
(6) the person's freedom to accept or reject the recommendations of the team;
(8) the certified assessor's decision regarding the person's need for institutional level of care as determined under criteria established in subdivision 26 and regarding eligibility for all services and programs as defined in subdivision 11, clauses (7) to (10);
(9) the person's right to appeal the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 11, clauses (5), (7) to (10), and (15), and the decision regarding the need for institutional level of care, an attestation to no changes in needs or services, or the lead agency's final decisions regarding public programs eligibility according to section 256.045, subdivision 3. The certified assessor must verbally communicate this appeal right to the person and must visually point out where in the document the right to appeal is stated; and
(10) documentation that available options for employment services, independent living, and self-directed services and supports were described to the person.
Sec. 17. Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision to read:
Subd. 34. Dashboard
on assessment completions. (a)
The commissioner shall maintain a dashboard on the department's public website
containing summary data on the completion of assessments under this section. The commissioner must update the dashboard at
least twice per year.
(b) The dashboard must include:
(1) the total number of assessments
performed since the previous reporting period, by lead agency;
(2) the total number of initial
assessments performed since the previous reporting period, by lead agency;
(3) the total number of reassessments
performed since the previous reporting period, by lead agency;
(4) the number and percentage of
assessments completed within the required timeline, by a lead agency;
(5) the average length of time to
complete an assessment, by a lead agency;
(6) summary data of the location in
which the assessments were performed, by lead agency; and
(7) other information the commissioner determines is valuable to assess the capacity of lead agencies to complete assessments within the timelines prescribed by law."
Page 218, after line 23, insert:
"(a) MnCHOICES Systems Costs. $38,000 in fiscal year 2027 is for systems costs related to MnCHOICES modifications. This is a onetime appropriation."
Page 218, line 24, before "The"
insert "(b) Base Level
Adjustment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Page 2, after line 20, insert:
"Section 1. Minnesota Statutes 2024, section 181.212, subdivision 7, is amended to read:
Subd. 7. Voting. The affirmative vote of five at
least six board members is required for the board to take any action,
including actions necessary to establish minimum nursing home employment
standards under section 181.213. At
least two of the five The six affirmative votes must be cast by
the commissioner members or the commissioner's appointees as follows:
(1) two votes cast by the commissioner
members or the commissioner's appointees;
(2) two votes cast by members who
represent nursing home employers or employer organizations; and
(3) two votes cast by members who represent nursing home workers or worker organizations."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Zeleznikar
amendment and the roll was called. There
were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The motion did
not prevail and the amendment was not adopted.
Baker moved to amend H. F. No. 2434, the second engrossment, as amended, as follows:
Page 2, after line 20, insert:
"Section 1. Minnesota Statutes 2024, section 181.213, subdivision 2, is amended to read:
Subd. 2. Investigation of market conditions. (a) The board must investigate market
conditions and the existing wages, benefits, and working conditions of nursing
home workers for specific geographic areas of the state and specific nursing
home occupations. Based on this
information, the board must seek to adopt minimum nursing home employment
standards that meet or exceed existing industry conditions for a majority of
nursing home workers in the relevant geographic area and nursing home
occupation. Except for standards
exceeding the threshold determined in paragraph (d), initial employment
standards established by the board are effective beginning January 1, 2025, and
shall remain in effect until any subsequent standards are adopted by rules.
(b) The board must consider the following types of information in making determinations that employment standards are reasonably necessary to protect the health and welfare of nursing home workers:
(1) wage rate and benefit data collected by or submitted to the board for nursing home workers in the relevant geographic area and nursing home occupations;
(2) statements showing wage rates and benefits paid to nursing home workers in the relevant geographic area and nursing home occupations;
(3) signed collective bargaining agreements applicable to nursing home workers in the relevant geographic area and nursing home occupations;
(4) testimony and information from current and former nursing home workers, worker organizations, nursing home employers, and employer organizations;
(5) local minimum nursing home employment standards;
(6) information submitted by or obtained from state and local government entities; and
(7) any other information pertinent to establishing minimum nursing home employment standards.
(c) In considering wage and benefit increases, the board
must determine the impact of nursing home operating payment rates determined
pursuant to section 256R.21, subdivision 3, and the employee benefits portion
of the external fixed costs payment rate determined pursuant to section 256R.25. If the board, in consultation with the
commissioner of human services, determines the operating payment rate and
employee benefits portion of the external fixed costs payment rate will
increase to comply with the new employment standards, the board shall report to
the legislature the increase in funding needed to increase payment rates to
comply with the new employment standards and must make implementation of any
new nursing home employment standards contingent upon an appropriation, as
determined by sections 256R.21 and 256R.25, to fund the rate increase necessary
to comply with the new employment standards.
(d) In evaluating the
impact of the employment standards on payment rates determined by sections
256R.21 and 256R.25, the board, in consultation with the commissioner of human
services, must consider the following:
(1) the statewide average wage rates for
employees pursuant to section 256R.10, subdivision 5, and benefit rates
pursuant to section 256R.02, subdivisions 18 and 22, as determined by the
annual Medicaid cost report used to determine the operating payment rate and
the employee benefits portion of the external fixed costs payment rate for the
first day of the calendar year immediately following the date the board has
established minimum wage and benefit levels;
(2) compare the results of clause (1) to
the operating payment rate and employee benefits portion of the external fixed
costs payment rate increase for the first day of the second calendar year after
the adoption of any nursing home employment
standards included in the most recent budget and economic forecast completed
under section 16A.103; and
(3) if the established nursing home
employment standards result in an increase in costs that exceed the operating
payment rate and external fixed costs payment rate increase included in the
most recent budget and economic forecast completed under section 16A.103,
effective on the proposed implementation date of the new nursing home
employment standards, the board must determine if the rates will need to be
increased to meet the new employment standards and the standards must not be
effective until an appropriation sufficient to cover the rate increase and
federal approval of the rate increase is obtained.
(e) The budget and economic forecasts
completed under section 16A.103 shall not assume an increase in payment rates
determined under chapter 256R resulting from the new employment
standards until the board certifies the rates will need to be increased and the
legislature appropriates funding for the increase in payment rates.
(d) Effective July 1, 2025, no standard
shall take effect unless the cost of the standard to each nursing facility
reimbursed under chapter 256R is estimated and paid for as described in
paragraph (e).
(e) When determining the cost estimates
and the required new appropriation for any standard approved by the board, the
commissioner of human services must:
(1) estimate each facility's rate impact
in relation to the new standard. The
estimate must be facility-specific and based on information provided to the
commissioner in a form and manner determined by the commissioner about current
wage rates at each facility;
(2) when determining the total and
facility-specific costs to meet the standard, include:
(i) the increased costs to wages; and
(ii) the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, workers' compensation, pensions, and contributions to
employee retirement accounts cost increases attributable to a standard; and
(3) adjust nursing facility rates by the
amounts determined in clause (2) on the first day of the previous month before
the implementation date of a standard.
(f) Payments to facilities under this
section shall be included in the external fixed costs payment rate under
section 256R.25.
(g) If the legislature does not approve an appropriation under this section, then the new standard approved by the board does not take effect."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Baker
amendment and the roll was called. There
were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The
motion did not prevail and the amendment was not adopted.
Gillman moved to amend H. F. No. 2434, the second engrossment, as amended, as follows:
Page 217, line 8, delete "8,836,150,000" and insert "8,830,675,000" and delete "8,878,188,000" and insert "8,950,555,000"
Page 217, line 12, delete "8,782,674,000" and insert "8,777,199,000" and delete "8,824,712,000" and insert "8,897,079,000"
Page 218, line 14, delete "176,857,000" and insert "171,382,000" and delete "181,505,000" and insert "170,588,000"
Page 218, line 17, delete "156,796,000" and insert "151,321,000" and delete "161,444,000" and insert "150,527,000"
Page 218, line 25, delete "$159,091,000" and insert "$148,174,000"
Page 218, line 26, delete "$158,483,000" and insert "$147,566,000"
Page 220, after line 9, insert:
"The county share of medical assistance costs for rate exceptions under Minnesota Statutes, section 256B.19, subdivision 1, paragraph (a), clause (5), shall be reduced by $83,284,000 in fiscal year 2027, $54,154,000 in fiscal year 2028, $54,154,000 in fiscal year 2029, and $0 in fiscal year 2030."
Page 229, line 26, delete "594,090,000" and insert "564,377,000" and delete "617,483,000" and insert "563,144,000"
Page 229, line 30, delete "189,761,000" and insert "184,833,000" and delete "194,840,000" and insert "184,833,000"
Page 229, line 31, delete "13,927,000" and insert "13,412,000" and delete "14,170,000" and insert "13,412,000"
Page 229, line 32, delete "160,239,000" and insert "155,125,000" and delete "164,094,000" and insert "155,125,000"
Page 229, line 33, delete "128,050,000" and insert "119,694,000" and delete "131,351,000" and insert "119,644,000"
Page 230, line 1, delete "102,113,000" and insert "91,313,000" and delete "113,028,000" and insert "90,080,000"
A roll call was requested and properly
seconded.
The question was taken on the Gillman
amendment and the roll was called. There
were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The
motion did not prevail and the amendment was not adopted.
Franson moved to amend H. F. No. 2434, the second engrossment, as amended, as follows:
Page 220, line 7, delete "279,258,000" and insert "280,158,000"
Page 223, line 13, delete "99,998,000" and insert "99,098,000"
Page 223, delete subdivision 1
Renumber the subdivisions in sequence
A roll call was requested and properly
seconded.
The question was taken on the Franson
amendment and the roll was called. There
were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The
motion did not prevail and the amendment was not adopted.
H. F. No. 2434, A bill for
an act relating to human services; modifying provisions relating to aging
services, disability services, health care services, behavioral health
services, background studies, Department of Human Services program integrity,
direct care and treatment services, and housing supports; establishing a
patient driven payment model phase-in, the Minnesota Caregiver Defined
Contribution Retirement Fund Trust, early intensive developmental and
behavioral intervention provisional licensure, and recovery residence
certification; adjusting rates for nursing home wage standards; establishing an
advisory task force and workgroups; creating a civil cause of action; creating
grants; requiring reports; making forecast adjustments; appropriating money;
amending Minnesota Statutes 2024, sections 13.46, subdivisions 2, 3; 142A.02,
subdivision 1; 142A.09, subdivision 1; 144.0724, subdivisions 2, 11, by adding
a subdivision; 179A.54, by adding a subdivision; 245.095, subdivision 5, by
adding a subdivision; 245.462, subdivision 20; 245.4661, subdivisions 2, 6, 7;
245.467, subdivision 4; 245.4711, subdivisions 1, 4; 245.4712, subdivisions 1,
3; 245.4871, subdivision 5; 245.91, subdivision 4; 245A.03, by adding a
subdivision; 245A.04, subdivisions 1, 7; 245A.042, by adding a subdivision;
245A.043, by adding a subdivision; 245A.05; 245A.07, subdivision 2; 245A.10,
subdivisions 2, 3, 4, 8; 245C.02, subdivision 7; 245C.03, subdivisions 6, 13,
15; 245C.04, subdivision 6, by adding a subdivision; 245C.08, subdivision 5;
245C.10, by adding a subdivision; 245C.13, subdivision 2; 245C.14, by adding
subdivisions; 245C.15, subdivisions 1, 4a; 245C.16, subdivision 1; 245C.22,
subdivisions 3, 8; 245D.091, subdivisions 2, 3; 245G.01, subdivision 13b, by
adding subdivisions; 245G.02, subdivision 2; 245G.07, subdivisions 1, 3, 4, by
adding subdivisions; 245G.11, subdivision 6, by adding a subdivision; 245G.22,
subdivisions 11, 15; 246.54, subdivisions 1a, 1b; 246B.10; 246C.091,
subdivision 3; 252.27, by adding subdivisions; 254A.19, subdivision 4; 254B.01,
subdivisions 10, 11; 254B.02, subdivision 5; 254B.03, subdivisions 1, 3, 4;
254B.04, subdivisions 1a, 5, 6, 6a; 254B.05, subdivisions 1, 1a, 5, by adding a
subdivision; 254B.052, by adding a subdivision; 254B.06, subdivision 2, by
adding a subdivision; 254B.09, subdivision 2; 254B.19, subdivision 1; 256.01,
subdivisions 29, 34; 256.043, subdivision 3; 256.9657, subdivisions 1, 7a;
256.983, subdivision 4; 256B.051, subdivision 6, by adding a subdivision;
256B.0625, subdivisions 5m, 20; 256B.0659, subdivisions 17a, 21; 256B.0757,
subdivision 4c; 256B.0761, subdivision 4; 256B.0911, subdivisions 24, 26, by
adding subdivisions; 256B.0922, subdivision 1, by adding a subdivision;
256B.0924, subdivision 6; 256B.0949, subdivisions 15, 16, 16a, by adding a
subdivision; 256B.14, subdivision 2; 256B.19, subdivision 1; 256B.434,
subdivision 4k; 256B.4912, subdivision 1; 256B.4914, subdivisions 3, 5, 5a, 5b,
6a, 6b, 6c, 8, 9, by adding subdivisions; 256B.766; 256B.85, subdivisions 7a,
8, 12, 16; 256B.851, subdivisions 5, 6, 7, by adding subdivisions; 256G.08,
subdivisions 1, 2; 256G.09, subdivisions 1, 2; 256I.03, subdivision 11a;
256I.04, subdivision 2a; 256I.05, subdivisions 1d, 1e, 1f, 1g, 1h, 1i, 1j, 1k,
1l, 1m, 1n, 1p, 1q, 1r, 1s, 1t, 1u, 2; 256R.02, subdivision 19, by adding
subdivisions; 256R.23, subdivisions 2, 3; 256R.24, subdivision 1; 256R.25;
260E.14, subdivision 1; 325F.725; 609A.015, subdivision 4; 609A.055,
subdivision 3; 611.43, by adding a subdivision; 611.46, subdivision 1; 611.55,
by adding a subdivision; 626.5572, subdivision 13; Laws 2021, First Special
Session chapter 7, article 13, sections 73; 75, subdivision 4, as amended; Laws
2023, chapter 61, article 1, sections 5; 27; 30; 32; 47; 61, subdivision 4; 85;
article 9, section 2, subdivision 14, as amended; Laws 2024, chapter 127,
article 53, section 2, subdivision 19; proposing coding for new law in
Minnesota Statutes, chapters 245A; 245D; 254B; 256; 256K; 256R; repealing
Minnesota Statutes 2024, sections 245G.01, subdivision 20d; 245G.07,
subdivision 2; 254B.01, subdivision 5; 254B.04, subdivision 2a; 254B.181; Laws
2021, First Special Session chapter 7, article 13, section 75, subdivisions 3,
as amended, 6, as amended.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 109 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. H.
Backer
Bahner
Baker
Bennett
Berg
Bierman
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hemmingsen-Jaeger
Her
Hill
Hollins
Hortman
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
McDonald
Moller
Momanyi-Hiltsley
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Reyer
Robbins
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Bakeberg
Bliss
Davis
Dippel
Fogelman
Gordon
Harder
Hicks
Jacob
Johnson, W.
Joy
Knudsen
Lawrence
Mekeland
Mueller
Murphy
Repinski
Roach
Rymer
Sexton
Stier
Van Binsbergen
Wiener
The bill was
passed, as amended, and its title agreed to.
H. F. No. 2115 was reported
to the House.
Schomacker moved to amend H. F. No. 2115, the first engrossment, as follows:
Page 12, delete lines 20 and 21 and insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 25, line 1, delete "constructed in" and insert "as defined by"
Page 25, line 2, delete "accordance with"
Page 58, delete section 26
Page 113, line 7, after "by" insert "Direct Care and Treatment;"
Page 115, line 12, delete "comprehensive assessment conducted" and insert "individual"
Pages 118 to 120, delete sections 4 and 5
Pages 123 to 126, delete sections 7, 8, 9, and 10
Page 126, before line 9, insert:
"Sec. 11. Minnesota Statutes 2024, section 245.481, is amended to read:
245.481
FEES FOR MENTAL HEALTH SERVICES.
A client or, in the case of a child, the child or the child's parent may be required to pay a fee for mental health services provided under sections 245.461 to 245.4682, 245.470 to 245.486, and 245.487 to 245.4889. The fee must be based on the person's ability to pay according to the fee schedule adopted by the county board. In adopting the fee schedule for mental health services, the county board may adopt the fee schedule provided by the commissioner or adopt a fee schedule recommended by the county board and approved by the commissioner. Agencies or individuals under contract with a county board to provide mental health services under sections 245.461 to 245.486 and 245.487 to 245.4889 must not charge clients whose mental health services are paid wholly or in part from public funds fees which exceed the county board's adopted fee schedule. This section does not apply to regional treatment center fees, which are governed by sections 246.50 to 246.55."
Page 129, delete section 12
Page 136, after line 12, insert:
"EFFECTIVE DATE. This section is effective upon federal approval. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."
Page 136, before line 13, insert:
"Sec. 21. Minnesota Statutes 2024, section 245F.06, subdivision 2, is amended to read:
Subd. 2. Comprehensive assessment. (a) Prior to a medically stable discharge, but not later than 72 hours following admission, a license holder must provide a comprehensive assessment according to sections 245.4863, paragraph (a), and 245G.05, for each patient who has a positive screening for a substance use disorder. If a patient's medical condition prevents a comprehensive assessment from being completed within 72 hours, the license holder must document why the assessment was not completed. The comprehensive assessment must include documentation of the appropriateness of an involuntary referral through the civil commitment process.
(b) If available to the program, a
patient's previous comprehensive assessment may be used in the patient record. If a previously completed comprehensive
assessment is used, its contents must be reviewed to ensure the assessment is
accurate and current and complies with the requirements of this chapter. The review must be completed by a staff
person qualified according to section 245G.11, subdivision 5 245G.05,
subdivision 1. The license holder
must document that the review was completed and that the previously completed
assessment is accurate and current, or the license holder must complete an
updated or new assessment."
Page 137, line 20, delete "specific" and insert "15 hours of education or"
Page 137, line 22, delete everything after the semicolon
Page 137, delete line 25
Page 137, line 27, delete the new language and strike everything after "(ii)"
Page 137, line 28, strike the old language and before "or" insert "has a high school diploma or equivalent;"
Page 137, line 30, delete the period and insert "; and"
Page 137, after line 30, insert:
"(5) either has at least 1,000 hours of supervised experience working with individuals with substance use disorder or co-occurring conditions, or receives treatment supervision at least once per week until obtaining 1,000 hours of supervised experience working with individuals with substance use disorder or co-occurring conditions."
Page 138, line 1, strike everything after "(b)"
Page 138, strike lines 2 to 3
Page 138, line 4, strike the old language and insert "A treatment coordinator must receive the following levels of supervision from an alcohol and drug counselor or a mental health professional whose scope of practice includes substance use disorder treatment and assessments:"
Page 138, after line 4, insert:
"(1) for a treatment coordinator
that has not obtained 1,000 hours of supervised experience under paragraph (a),
clause (5), at least one hour of supervision per week; or
(2) for a treatment coordinator that has obtained at least 1,000 hours of supervised experience under paragraph (a), clause (5), at least one hour of supervision per month."
Page 142, after line 12, insert:
"Sec. 28. Minnesota Statutes 2024, section 254A.19, subdivision 6, is amended to read:
Subd. 6. Assessments
for detoxification programs. For
detoxification programs licensed under chapter 245A according to Minnesota
Rules, parts 9530.6510 to 9530.6590, a "chemical use assessment" is a
comprehensive assessment completed according to the requirements of section
245G.05 and a "chemical dependency assessor" or
"assessor" is an individual who meets the qualifications of section
245G.11, subdivisions 1 and 5."
Page 155, delete section 35
Page 168, delete section 7
Page 189, line 9, delete the new language and reinstate the stricken language
Page 189, line 13, reinstate the stricken "(c)"
Page 189, line 15, reinstate everything after the comma
Page 189, line 18, reinstate the stricken "(d)" and delete the new language
Page 190, line 14, strike "Circular Number A-122" and insert "Uniform Guidance under Code of Federal Regulations, title 2, section 200"
Page 190, line 19, reinstate the stricken "(e)" and delete the new language
Page 190, line 30, delete "(e)" and insert "(f)"
Page 191, line 1, delete "(f)" and insert "(g)"
Page 191, line 3, delete "(g)" and insert "(h)"
Page 191, lines 5 and 6, delete the new language and reinstate the stricken language
Page 191, line 7, delete "(h)" and insert "(i)"
Page 191, line 14, delete "(i)" and insert "(j)" and delete "(h)" and insert "(i)"
Page 191, lines 21 and 30, delete the new language and reinstate the stricken language
Page 194, line 10, delete "Circular Number A-122" and insert "Uniform Guidance under Code of Federal Regulations, title 2, section 200"
Page 289, line 9, delete "revisor of statutes" and insert "public"
Page 289, line 11, delete everything before the period and insert "paragraph (b)"
Page 289, after line 11, insert:
"(b) The commissioner must post
regular status updates on all provisions of Minnesota Statutes and Laws of
Minnesota enacted with an effective date contingent on federal approval on the
department's website. The commissioner
must update the list monthly to identify:
(1) provisions of Minnesota Statutes
and Laws of Minnesota the commissioner has requested federal authority to
effectuate;
(2) the status of the commissioner's
request for federal approval;
(3) the date of federal approval,
denial, or an alternative outcome; and
(4) the effective dates for approved provisions."
Page 289, delete lines 12 to 29
Page 289, line 30, delete "the day following final enactment" and insert "December 1, 2025"
"Sec. 2. REPEALER.
Minnesota Rules, part 9505.0250,
subparts 1, 2, and 3, are repealed the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Baker moved to amend H. F. No. 2115, the first engrossment, as amended, as follows:
Page 113, after line 26, insert:
"Section 1. Minnesota Statutes 2024, section 3.757, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Municipality" has the meaning provided in section 466.01, subdivision 1.
(c) "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation alleging unlawful conduct related to the marketing, sale, or distribution of opioids in this state or other alleged illegal actions that contributed to the excessive use of opioids.
(d) "Released claim" means any cause of action or other claim that has been released in a statewide opioid settlement agreement, including matters identified as a released claim as that term or a comparable term is defined in a statewide opioid settlement agreement.
(e) "Settling defendant" means an
entity that engages in, has engaged in, or has provided consultation services
regarding the manufacture, marketing, promotion, sale, distribution, or
dispensing of opioids, and that has been the subject of a statewide opioid
settlement agreement or bankruptcy plan, including but not limited to
Johnson & Johnson, AmerisourceBergen Corporation, Cardinal Health, Inc.,
McKesson Corporation, Teva Pharmaceuticals, Allergan
plc, CVS Health Corporation, Walgreens Boots Alliance, Inc., and
Walmart, Inc., and Purdue Pharma L.
P., as well as related subsidiaries, affiliates, officers,
directors, and other related entities specifically named as a released entity
in a statewide opioid settlement agreement.
(f) "Statewide opioid settlement
agreement" means an agreement, including consent judgments, assurances
of discontinuance, and related agreements or documents, between the
attorney general, on behalf of the state, and a settling defendant, to provide
or allocate remuneration for conduct related to the manufacture,
marketing, promotion, sale, dispensing, or distribution of
opioids in this state or other alleged illegal actions that contributed to the
excessive use of opioids. A statewide
opioid settlement agreement includes consent judgments, assurances of
discontinuance, and related agreements or documents, that contain structural or
payment provisions requiring or anticipating the participation of
municipalities and allowing for the allocation of settlement funds between the
state and municipalities to be set through a state-specific agreement."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 2115, A bill for
an act relating to human services; modifying policy provisions relating to
aging and disability services, the Department of Health, Direct Care and
Treatment, behavioral health, and the Department of Human Services Office of
Inspector General; recodifying statutory language relating to assertive
community treatment and intensive residential treatment services; modifying
children's mental health terminology; codifying requirement for notification of
federal approval; making conforming changes; amending Minnesota Statutes 2024,
sections 13.46, subdivisions 3, 4; 15.471, subdivision 6; 43A.241; 62J.495,
subdivision 2; 62Q.527, subdivisions 1, 2, 3; 97A.441, subdivision 3; 121A.61,
subdivision 3; 128C.02, subdivision 5; 142E.51, subdivisions 5, 6, by adding a
subdivision; 142G.02, subdivision 56; 142G.27, subdivision 4; 142G.42,
subdivision 3; 144.0724, subdivisions 2, 3a, 4, 9; 144.53; 144.651,
subdivisions 2, 4, 10a, 20, 31, 32; 144A.07; 144A.61, by adding subdivisions;
144A.70, subdivisions 3, 7, by adding subdivisions; 144G.10, subdivisions 1,
1a, 5; 144G.16, subdivision 3; 144G.19, by adding a subdivision; 144G.52, by
adding a subdivision; 144G.53; 144G.70, subdivision 2; 144G.81, subdivision 1;
144G.91, by adding a subdivision; 146A.08, subdivision 4; 147.091, subdivision
6; 147A.13, subdivision 6; 148.10, subdivision 1; 148.235, subdivision 10;
148.261, subdivision 5; 148.754; 148B.5905; 148F.09, subdivision 6; 148F.11,
subdivision 1; 150A.08, subdivision 6; 151.071, subdivision 10; 153.21,
subdivision 2; 153B.70; 168.012, subdivision 1; 169A.284; 244.052, subdivision
4; 245.462, subdivisions 4, 20; 245.4662, subdivision 1; 245.467, subdivision
4; 245.4682, subdivision 3; 245.469; 245.4711, subdivisions 1, 4; 245.4712,
subdivisions 1, 3; 245.4835, subdivision 2; 245.4863; 245.487, subdivision 2;
245.4871, subdivisions 3, 4, 5, 6, 13, 15, 17, 19, 21, 22, 28, 29, 31, 32, 34,
by adding a subdivision; 245.4873, subdivision 2; 245.4874, subdivision 1;
245.4875, subdivision 5; 245.4876, subdivisions 4, 5; 245.4877; 245.488,
subdivisions 1, 3; 245.4881, subdivisions 1, 3, 4; 245.4882, subdivisions 1, 5;
245.4884; 245.4885, subdivision 1; 245.4889, subdivision 1; 245.4901,
subdivision 3; 245.4906, subdivision 2; 245.4907, subdivisions 2, 3; 245.491,
subdivision 2; 245.492, subdivision 3; 245.50, subdivision 2; 245.52; 245.697,
subdivision 2a; 245.735, subdivision 3b; 245.814, subdivision 3; 245.826;
245.91, subdivisions 2, 4; 245.92; 245.94, subdivision 1; 245A.03, subdivision
2; 245A.04, subdivisions 1, 7; 245A.042, by adding a subdivision; 245A.16,
subdivision 1; 245A.242, subdivision 2; 245A.26, subdivisions 1, 2; 245C.05, by
adding a subdivision; 245C.08, subdivision 3; 245C.22, subdivision 5; 245D.02,
subdivision 4a; 245D.091, subdivision 3; 245G.05, subdivision 1; 245G.06,
subdivisions 1, 2a, 3a; 245G.07, subdivision 2; 245G.08, subdivision 6;
245G.09, subdivision 3; 245G.11, subdivisions 7, 11; 245G.18, subdivision 2;
245G.19, subdivision 4, by adding a subdivision; 245G.22, subdivisions 1, 14,
15; 245I.05, subdivisions 3, 5; 245I.06, subdivision 3; 245I.11, subdivision 5;
245I.12, subdivision 5; 246.585; 246C.06, subdivision 11; 246C.12, subdivisions
4, 6; 246C.20; 252.27, subdivision 1; 252.291, subdivision 3; 252.43; 252.46,
subdivision 1a; 252.50, subdivision 5; 253B.07, subdivision 2b; 253B.09,
subdivision 3a; 253B.10, subdivision 1; 253B.141, subdivision 2; 253B.18,
subdivision 6; 253B.19, subdivision 2; 253D.14, subdivision 3; 253D.27,
subdivision 2; 253D.28; 253D.29, subdivisions 1, 2, 3; 253D.30, subdivisions 3,
4, 5, 6; 253D.31; 254B.04, subdivision 1a; 254B.05, subdivisions 1, 1a, 5;
256.01, subdivisions 2, 5, by adding a subdivision; 256.019, subdivision 1;
256.0281; 256.0451, subdivisions 1, 3, 6, 8, 9, 18, 22, 23, 24; 256.478,
subdivision 2; 256.4825; 256.93, subdivision 1; 256.98, subdivisions 1, 7;
256B.02, subdivision 11; 256B.055, subdivision 12; 256B.0615, subdivisions 1,
3, 4; 256B.0616, subdivisions 1, 4, 5; 256B.0622, subdivisions 1, 3a, 7a, 8,
11, 12; 256B.0625, subdivision 20; 256B.064, subdivision 1a; 256B.0757,
subdivision 2; 256B.092, subdivisions 1a, 10, 11a; 256B.0943, subdivisions 1,
3, 9, 12, 13; 256B.0945, subdivision 1; 256B.0946, subdivision 6; 256B.0947,
subdivision 3a; 256B.49, subdivisions 13, 29; 256B.4911, subdivision 6;
256B.4914, subdivisions 10a, 10d; 256B.69, subdivision 23; 256B.77, subdivision
7a; 256B.82; 256D.44, subdivision 5; 256G.09, subdivisions 4, 5; 256I.04,
subdivision 2c; 256L.03, subdivision 5; 256R.38; 256R.40, subdivision 5;
260B.157, subdivision 3; 260C.007, subdivisions 16, 26d, 27b; 260C.157,
subdivision 3; 260C.201, subdivisions 1, 2; 260C.301, subdivision 4; 260D.01;
260D.02, subdivisions 5, 9; 260D.03, subdivision 1; 260D.04; 260D.06,
subdivision 2; 260D.07; 260E.11, subdivision 3; 295.50, subdivision 9b;
299F.77, subdivision 2; 342.04; 352.91, subdivision 3f; 401.17, subdivision 1;
480.40, subdivision 1; 507.071, subdivision 1; 611.57, subdivisions 2, 4;
624.7131, subdivisions 1, 2; 624.7132, subdivisions 1, 2; 624.714, subdivisions
3, 4; 631.40, subdivision 3; Laws 2023, chapter 70, article 7, section 34;
proposing coding for new law in Minnesota Statutes, chapters 245; 246C; 256B;
256G; 609; repealing Minnesota Statutes 2024, sections 144G.9999, subdivisions
1, 2, 3; 245.4862; 245A.042, subdivisions 2, 3, 4; 245A.11, subdivision 8;
246.015, subdivision 3; 246.50, subdivision 2; 246B.04, subdivision 1a;
256B.0622, subdivision 4; Laws 2024, chapter 79, article 1, sections 15; 16;
17.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 121 yeas and 13 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
McDonald
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Dippel
Fogelman
Gordon
Harder
Johnson, W.
Joy
Knudsen
Mekeland
Murphy
Roach
Van Binsbergen
The
bill was passed, as amended, and its title agreed to.
H. F. No. 2443 was reported
to the House.
LAY ON THE
TABLE
Niska moved that
H. F. No. 2433 be laid on the table. The motion prevailed and
H. F. No. 2433 was laid on the table.
S. F. No. 1740 was reported
to the House.
LAY ON THE
TABLE
Niska moved that S. F. No. 1740
be laid on the table. The motion
prevailed and S. F. No. 1740 was laid on the table.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 286, A bill for
an act relating to public safety; authorizing local units of government to
conduct criminal background checks under certain circumstances; proposing
coding for new law in Minnesota Statutes, chapter 299C.
Thomas
S. Bottern, Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 2551, A bill for
an act relating to children; follow-up to 2024 children, youth, and families
recodification; making technical changes; amending Minnesota Statutes 2024,
sections 3.922, subdivision 1; 13.41, subdivision 1; 13.46, subdivisions 3, 4,
9, 10; 13.598, subdivision 10; 14.03, subdivision 3; 116L.881; 125A.15;
125A.744, subdivision 2; 127A.11; 127A.70, subdivision 2; 142A.607, subdivision
14; 142A.609, subdivision 21; 142B.41, subdivision 9; 144.061; 144.225,
subdivision 2a; 145.895; 145.901, subdivisions 2, 4; 145.9255, subdivision 1;
145.9265; 174.285, subdivision 4; 214.104; 216C.266, subdivisions 2, 3;
241.021, subdivision 2; 242.09; 242.21; 242.32, subdivision 1; 245.697,
subdivisions 1, 2a; 245.814, subdivisions 1, 2, 3, 4; 245C.02, subdivisions 7,
12, 13; 245C.031, subdivision 9; 245C.033, subdivision 2; 245C.05, subdivision
7; 245C.07; 256.88; 256.89; 256.90; 256.91; 256.92; 256G.01, subdivisions 1, 3;
256G.03, subdivision 2; 256G.04, subdivision 2; 256G.09, subdivisions 2, 3, 4,
5; 256G.10; 256G.11; 256G.12, subdivision 1; 260.762, subdivision 2a; 260B.171,
subdivision 4; 260E.03, subdivision 6; 260E.11, subdivision 1; 260E.30,
subdivision 4; 260E.33, subdivision 6; 261.232; 270B.14, subdivision 1, by
adding a subdivision; 299C.76, subdivision 1; 299F.011, subdivision 4a;
402A.10, subdivisions 1a, 2, 4c; 402A.12; 402A.16, subdivisions 1, 2, 3, 4;
402A.18, subdivisions 2, 3, by adding a subdivision; 402A.35, subdivisions 1,
4, 5; 462A.2095, subdivision 6; 466.131; 518.165, subdivision 5; 524.5-106; 524.5-118,
subdivision 2; 595.02, subdivision 2; 626.5533; repealing Minnesota Statutes
2024, sections 142A.15; 142E.50, subdivisions 2, 12; 245A.02, subdivision 6d;
256G.02, subdivisions 3, 5; 261.003.
Thomas
S. Bottern, Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 3022, A bill for an act relating to legislative enactments; making miscellaneous technical corrections to laws and statutes; correcting erroneous, obsolete, and omitted text and references; removing redundant, conflicting, and superseded provisions; making style and form changes; amending Minnesota Statutes 2024, sections 1.135,
Thomas
S. Bottern, Secretary of the Senate
Madam Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 2431, A bill for
an act relating to higher education; providing funding and policy-related
changes for the Office of Higher Education, Minnesota State Colleges and
Universities, and the University of Minnesota; modifying certain scholarship
and student aid programs; establishing and modifying grant programs to higher
education institutions; providing authority to the Office of Higher Education
for treatment of certain appropriations; providing for certain policy changes
to student financial aid, institution eligibility, institutional licensure
provisions, student loan programs, and institutional grant programs; requiring
reports; appropriating money; canceling an appropriation; amending Minnesota
Statutes 2024, sections 135A.052, subdivision 1; 135A.137; 135A.15, subdivision
2a; 135A.1582; 136A.01, by adding a subdivision; 136A.101, subdivision 5a;
136A.103; 136A.121, subdivision 9; 136A.1465, subdivisions 1, 2, by adding a
subdivision; 136A.155; 136A.162; 136A.1701, subdivision 4; 136A.1796; 136A.246,
subdivisions 1a, 3, 6, 8; 136A.65, subdivision 4; 136A.653, subdivision 5;
136A.658; 136A.69, subdivision 1; 136A.82; 136A.821, subdivisions 4, 5, by
adding subdivisions; 136A.822, subdivisions 3, 6, 8, 13; 136A.824, subdivisions
1, 2, 6, 7; 136A.833; 136A.834, subdivisions 1, 5; 136A.901, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 136A; repealing
Minnesota Statutes 2024, sections 5.41, subdivision 2; 136A.057; 136A.091;
136A.1251, subdivisions 1, 2, 3, 4, 5; 136A.1788; 136A.1789; 136A.1791,
subdivisions 1, 2, 3a, 4, 5, 6, 7, 8, 9, 10; 136A.246, subdivision 9; 136A.69,
subdivisions 3, 5; 136A.824, subdivisions 3, 5; 136A.861, subdivision 7;
136A.901, subdivision 2; 136A.91; Laws 2022, chapter 42, section 2, as amended;
Minnesota Rules, part 4850.0014, subparts 1, 2.
Thomas
S. Bottern, Secretary of the Senate
Wolgamott moved that the House refuse to
concur in the Senate amendments to H. F. No. 2431, that the
Speaker appoint a Conference Committee of 4 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Madam Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 2438, A bill for an act relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Department of Public Safety, and Metropolitan Council activities; modifying prior appropriations; transferring money; modifying various policy and finance provisions; modifying and providing for allocation of certain fees; directing certain rulemaking; requiring studies; modifying and requiring certain legislative reporting; amending Minnesota Statutes 2024, sections 4.076,
Thomas
S. Bottern, Secretary of the Senate
Koznick moved that the House refuse to
concur in the Senate amendments to H. F. No. 2438, that the
Speaker appoint a Conference Committee of 4 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Madam Speaker:
I hereby announce the Senate refuses to
concur in the House amendments to the following Senate File:
S. F. No. 2216, A bill for
an act relating to commerce; establishing a budget for the Department of
Commerce; adding, modifying, and eliminating various provisions governing
insurance, financial institutions, commercial regulations and consumer
protection, and telecommunications; modifying cannabis provisions; modifying
fees assessed by the Department of Commerce; establishing a common interest
community ombudsperson and a common interest community register; classifying
data; making technical changes; appropriating money; amending Minnesota
Statutes 2024, sections 45.027, subdivisions 1, 2, by adding a subdivision;
45.24; 46A.04; 47.20, subdivisions 2, 4a, 8; 47.77; 53B.61; 55.07, by adding a
subdivision; 58B.02, subdivision 8a; 58B.051; 60A.201, subdivision 2, by adding
a subdivision; 60C.09, subdivision 2; 60D.09, by adding a subdivision; 60D.15,
subdivisions 4, 7, by adding subdivisions; 60D.16, subdivision 2; 60D.17,
subdivision 1; 60D.18, subdivision 3; 60D.19, subdivision 4, by adding
subdivisions; 60D.20, subdivision 1; 60D.217; 60D.22, subdivisions 1, 3, 6, by
adding a subdivision; 60D.24, subdivision 2; 60D.25; 62A.31, subdivisions 1r,
1w; 62A.65, subdivisions 1, 2, by adding a subdivision; 62D.12, subdivisions 2,
2a; 62D.121, subdivision 1; 62D.221, by adding a subdivision; 62J.26,
subdivisions 1, 2, 3, by adding subdivisions; 62Q.73, subdivision 4; 65A.01,
subdivision 3c; 72A.20, by adding a subdivision; 80A.65, subdivision 2; 80A.66;
80E.12; 82.63, subdivision 2; 116.943, subdivisions 1, 5; 168.27, by adding a subdivision;
216B.40; 216B.62, by adding a subdivision; 325E.3892, subdivisions 1, 2;
325F.072, subdivision 3; 325G.24, subdivision 2; 334.01, subdivision 2; 342.17;
342.37, by adding subdivisions; Laws 2023, chapter 63, article 9, section 5;
proposing coding for new law in Minnesota Statutes, chapters 45; 60D; 62A;
168A; 216B; 237; 239; 325E; 325F; 515B.
Senators Klein, Dahms and Seeberger.
Said Senate File is herewith transmitted
to the House with the request that the House appoint a like committee.
Thomas
S. Bottern, Secretary of the Senate
Her moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 4
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2216. The motion prevailed.
MOTIONS AND
RESOLUTIONS
Curran moved that the name of Pérez-Vega
be added as an author on H. F. No. 382. The motion prevailed.
Gillman moved that the name of Fischer be
added as an author on H. F. No. 943. The motion prevailed.
McDonald moved that the name of Jones be
added as an author on H. F. No. 1426. The motion prevailed.
Heintzeman moved that the name of
Zeleznikar be added as an author on H. F. No. 1620. The motion prevailed.
Freiberg moved that the name of Kraft be
added as an author on H. F. No. 1721. The motion prevailed.
Bakeberg moved that the name of Myers be
added as an author on H. F. No. 1950. The motion prevailed.
Kraft moved that the names of Lillie,
Myers and Rarick be added as authors on H. F. No. 2130. The motion prevailed.
Myers moved that the name of Gordon be
added as an author on H. F. No. 2201. The motion prevailed.
Frazier moved that the name of Youakim be
added as an author on H. F. No. 2494. The motion prevailed.
Lee, K., moved that the name of Youakim be
added as an author on H. F. No. 2582. The motion prevailed.
Greenman moved that the name of Jones be
added as an author on H. F. No. 2688. The motion prevailed.
Frazier moved that the name of Youakim be
added as an author on H. F. No. 2922. The motion prevailed.
Jordan moved that the names of Reyer and
Youakim be added as authors on H. F. No. 3184. The motion prevailed.
Freiberg moved that the name of Kraft be
added as an author on H. F. No. 3240. The motion prevailed.
Curran moved that the name of Rehrauer be
added as an author on H. F. No. 3262. The motion prevailed.
Howard moved that the names of Jordan and
Sencer-Mura be added as authors on H. F. No. 3279. The motion prevailed.
Hemmingsen-Jaeger moved that the name of
Rehrauer be added as an author on H. F. No. 3280. The motion prevailed.
Virnig moved that the name of Rehrauer be
added as an author on H. F. No. 3281. The motion prevailed.
Robbins; Noor; Niska; Lee, K., and Rarick introduced:
House Resolution No. 4, A House resolution expressing the sense of the Minnesota House of Representatives reaffirming its commitment to the strengthening and deepening of the sister ties between the state of Minnesota and Taiwan.
The resolution was referred to
the Committee on Rules and Legislative Administration.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2216:
Her, Elkins, O'Driscoll and Rymer.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2431:
Wolgamott, Rarick, Robbins and Coulter.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2438:
Koznick, Olson, Koegel and Tabke.
ADJOURNMENT
Niska moved that when the House adjourns
today it adjourn until 11:00 a.m., Tuesday, May 6, 2025. The motion prevailed.
Niska moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Olson declared the House stands adjourned until 11:00 a.m., Tuesday, May 6,
2025.
Patrick
Duffy Murphy, Chief
Clerk, House of Representatives