STATE
OF MINNESOTA
Journal of the House
NINETY-FOURTH
SESSION - 2025
_____________________
FORTIETH
LEGISLATIVE DAY
Saint Paul, Minnesota, Saturday, May 17, 2025
The House of Representatives convened at
1:00 p.m. and was called to order by Lisa Demuth, Speaker of the House.
The members of the House paused for a
brief meditation or moment of reflection.
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.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
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
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.
Burkel and McDonald were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
INTRODUCTION AND
FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Pursell introduced:
H. F. No. 3331, A bill for an act relating to environment; setting a state goal for wetland restoration and protection; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 103G.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.
Hanson, J., introduced:
H. F. No. 3332, A bill for an act relating to taxation; gross revenues; removing certain health care services from the definition of providers subject to the health care provider tax; amending Minnesota Statutes 2024, section 295.50, subdivision 4.
The bill was read for the first time and referred to the Committee on Taxes.
Agbaje and Gomez introduced:
H. F. No. 3333, A bill for an act relating to local government finance; health care; allowing Hennepin County to use a portion of tax proceeds for specified uses; establishing a directed payment arrangement for eligible health care providers; imposing term limits on members of the Minnesota Ballpark Authority; amending Minnesota Statutes 2024, sections 473.755, subdivision 2; 473.756, by adding a subdivision; 473.757, subdivisions 1, 2, 3, 4, 7, 8, 9, 11, by adding subdivisions; 473.759, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 256B.
The bill was read for the first time and referred to the Committee on Taxes.
Mahamoud, Kotyza-Witthuhn, Liebling, Reyer, Smith, Clardy, Falconer, Berg, Bahner and Bierman introduced:
H. F. No. 3334, A bill for an act relating to health; modifying standards for utilization review performance; creating a cause of action for wrongful denials of prior authorizations by utilization review organizations or their reviewing physicians; providing for attorney general enforcement; amending Minnesota Statutes 2024, section 62M.04, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 62M.
The bill was read for the first time and referred to the Committee on Health Finance and Policy.
Pinto, Kresha, Feist, Gottfried, Hollins, Norris, Pérez-Vega, Smith and Finke introduced:
H. F. No. 3335, A bill for an act proposing an amendment to the Minnesota Constitution, article I, section 2; prohibiting slavery or involuntary servitude as criminal punishment for a crime.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
H. F. No. 3336, A bill for an act relating to public safety; providing that certain felons are ineligible to serve as jurors in criminal cases; proposing coding for new law in Minnesota Statutes, chapter 593.
The bill was read for the first time and referred to the Committee on Public Safety 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.
Scott was excused for the remainder of
today's session.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 2130, A bill for
an act relating to public safety; extending the length of driver's license
revocations related to certain offenses; modifying the length of time certain
individuals must participate in the ignition interlock program; requiring all
ignition interlock participants to complete a treatment or rehabilitation
program before reinstatement of full driving privileges; imposing criminal
penalties for ignition interlock program participants who operate vehicles not
equipped with an interlock device; making criminal vehicular homicide offenders
eligible for the ignition interlock program; providing for judicial review of
an extension of a person's driver's license revocation for a violation of the
ignition interlock program; modifying how license plates are impounded and reissued
under the DWI law; expanding the time period that a temporary driver's license
issued after a DWI is valid; providing criminal penalties; appropriating money;
amending Minnesota Statutes 2024, sections 169A.37, subdivision 1; 169A.52,
subdivisions 3, 4, 7; 169A.54, subdivision 1; 169A.60, subdivisions 4, 5, 6;
169A.63, subdivision 13; 171.177, subdivisions 4, 5; 171.187, subdivision 3;
171.19; 171.24, subdivision 2; 171.306, subdivisions 1, 4, 5, 6; proposing
coding for new law in Minnesota Statutes, chapter 171; repealing Minnesota
Statutes 2024, sections 169A.54, subdivisions 2, 3, 4; 169A.55, subdivisions 4,
5; 171.17, subdivision 4.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Thomas
S. Bottern, Secretary of the Senate
I hereby announce the adoption by the
Senate of the following House Concurrent Resolution, herewith returned:
House Concurrent Resolution No. 2, A
house concurrent resolution relating to adjournment of the House of
Representatives and Senate until 2026.
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. 1290, A bill for
an act relating to transportation; authorizing roadside signage for automatic
external defibrillators for qualifying locations; proposing coding for new law
in Minnesota Statutes, chapter 160.
Thomas
S. Bottern, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Perryman moved that the House concur in
the Senate amendments to H. F. No. 1290 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1290, A bill for an act relating
to transportation; authorizing roadside signage for automatic external
defibrillators for qualifying locations; proposing coding for new law in
Minnesota Statutes, chapter 160.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 131 yeas and 0 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
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
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
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The bill was repassed, as amended by the
Senate, and its title agreed to.
Madam Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 1959, A bill for
an act relating to state government; establishing a budget for the Department
of Military Affairs and the Department of Veterans Affairs; modifying veterans
services and benefits provisions; requiring the commissioner of administration
to place a memorial plaque honoring Gold Star and Blue Star families on State
Capitol grounds; providing benefits to veterans of the Secret War in Laos;
requiring county veteran services officers to aid certain additional veterans;
establishing a task force; requiring reports; appropriating money; amending
Minnesota Statutes 2024, sections 13.461, subdivision 27; 193.143; 197.065;
197.236, subdivisions 8, 9; 197.603, subdivision 1; 197.608, subdivision 6;
197.75, subdivision 1; 197.791, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapter 197.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Thomas
S. Bottern, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 1959
A bill for an act relating to state government; establishing a budget for the Department of Military Affairs and the Department of Veterans Affairs; modifying veterans services and benefits provisions; requiring the commissioner of administration to place a memorial plaque honoring Gold Star and Blue Star families on State Capitol grounds; providing benefits to veterans of the Secret War in Laos; requiring county veteran services officers to aid certain additional veterans; establishing a task force; requiring reports; appropriating money; amending Minnesota Statutes 2024, sections 13.461, subdivision 27; 193.143; 197.065; 197.236, subdivisions 8, 9; 197.603, subdivision 1; 197.608, subdivision 6; 197.75, subdivision 1; 197.791, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 197.
May 16, 2025
The Honorable Bobby Joe Champion
President of the Senate
The Honorable Lisa M. Demuth
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1959 report that we have agreed upon the items in dispute and recommend as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
MILITARY AFFAIRS AND VETERANS AFFAIRS APPROPRIATIONS
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.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the
Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2026 |
2027 |
Sec. 2. MILITARY
AFFAIRS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$29,487,000 |
|
$33,458,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions. The base for this appropriation is
$27,458,000 in fiscal year 2028 and each fiscal year thereafter.
Subd. 2. Maintenance
of Training Facilities |
|
10,067,000 |
|
10,067,000 |
Subd. 3. General
Support |
|
5,006,000 |
|
4,977,000 |
Holistic Health and Fitness (H2F). Of this amount, $242,000 the first
year is for administrative and payroll costs to operate Holistic Health and
Fitness (H2F) initiatives across the Minnesota Army National Guard. This is a onetime appropriation.
Subd. 4. Enlistment
Incentives |
|
14,114,000 |
|
18,114,000 |
The base for this
appropriation is $12,114,000 in fiscal year 2028 and each fiscal year
thereafter.
The appropriations in this subdivision
are available until June 30, 2029.
If the amount for fiscal
year 2026 is insufficient, the amount for 2027 is available in fiscal year 2026. Any unencumbered balance does not cancel at
the end of the first year and is available for the second year.
Subd. 5. Emergency Services |
|
300,000 |
|
300,000 |
Sec. 3. VETERANS
AFFAIRS |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$142,457,000 |
|
$146,710,000 |
The base for this appropriation is $151,140,000 in fiscal year 2028 and each fiscal year thereafter. The amounts that may be spent for each purpose are specified in the following subdivisions.
Subd. 2. Veterans
Programs and Services |
|
31,055,000 |
|
30,940,000 |
The amounts that may be
spent for each purpose are specified in the following paragraphs.
(a) State Veterans Cemeteries.
$3,782,000 each year is for the operation of the state veterans
cemeteries.
(b) Veterans Service Organizations.
$500,000 each year is for grants to the following congressionally
chartered veterans service organizations as designated by the commissioner: Disabled American Veterans, Military Order of
the Purple Heart, the American Legion, Veterans of Foreign Wars, AMVETS, and
Paralyzed Veterans of America. This
funding must be allocated in direct proportion to the funding currently being
provided by the commissioner to these organizations.
(c) Honor Guards. $200,000
each year is for compensation for honor guards at the funerals of veterans
under Minnesota Statutes, section 197.231.
(d) Minnesota GI Bill. $200,000
each year is for the costs of administering the Minnesota GI Bill postsecondary
educational benefits, on-the-job training, and apprenticeship program under
Minnesota Statutes, section 197.791.
(e) Gold Star Program. $100,000
each year is for administering the Gold Star Program for surviving family
members of deceased veterans.
(f) County Veterans Service Office.
$1,610,000 each year is for the County Veterans Service Office
grant program under Minnesota Statutes, section 197.608. Of this amount, $20,000 is for a women
veterans technical assistance coordinator, $20,000 is for a veteran suicide
prevention technical assistance coordinator, and $20,000 is for a
justice-involved veteran technical assistance coordinator. Any unencumbered balance in the first year
does not cancel and is available in the second year.
(g) Camp Bliss. $150,000
each year is for a grant to Independent Lifestyles, Inc., to provide therapy,
transportation, and activities customized for veterans who are Minnesota
residents and the
veterans' spouses, domestic partners, and
children at Camp Bliss in the city of Walker.
The commissioner of veterans affairs must report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
veterans affairs on:
(1) the number of veterans and veterans' family members served; and
(2) a detailed explanation
of expenditures of the grant money.
(h) CORE Program. $1,525,000 the first year and
$1,225,000 the second year are for the Counseling and Case Management Outreach
Referral and Education (CORE) program.
Of this amount, $300,000
the first year is to provide:
(1) home-delivered meals to
veterans outside of Hennepin and Ramsey Counties; and
(2) technical, enrollment,
outreach, and volunteer recruitment assistance to member programs.
The grantee must report to
the commissioner of veterans affairs and the chairs and ranking minority
members of the legislative committees with jurisdiction over veterans affairs
policy and finance by September 1 each year with a detailed explanation of how
the grant money was used and the number of veterans and service members served
by the program. Any unencumbered balance
in the first year does not cancel at the end of the first year and is available
in the second year. This is a onetime
appropriation.
(i) Recently Separated Veterans Program. $300,000 each year is for operation of
the recently separated veterans program.
The commissioner of veterans affairs may use Department of Defense and
other veteran data that was provided with an appropriate disclosure to assist
with connecting veterans to resources and new programming. The commissioner may use money for personnel,
research, marketing, technology solutions, and professional or technical
contracts.
(j) Homeless Veterans and SOAR Program. $1,344,000 each year is to operate the
homeless veteran registry and homeless programs and to assist veterans, former
service members, and veterans' and former service members' dependents with
obtaining federal benefits through the Social Security Administration. The commissioner of veterans affairs may use
money for personnel, training, research, marketing, and professional or
technical contracts.
(k) State Soldiers Assistance Program. $5,600,000 each year is for veteran
financial assistance through the state soldiers assistance program.
(l) Higher Education Veterans Assistance. $1,629,000 each year is for veterans
higher education assistance.
(m) Claims and Outreach Office. $3,621,000 each year is for the claims
and outreach office to assist veterans and the veterans' families in accessing
benefits and services.
(n) Minnesota Assistance Council for
Veterans. $1,075,000 each
year is for grants to the Minnesota Assistance Council for Veterans to provide
assistance throughout Minnesota to veterans and veterans' families who are
homeless or in danger of homelessness, including assistance with:
(1) supportive services to
maintain housing;
(2) employment;
(3) legal issues;
(4) housing and
housing-related costs;
(5) transportation;
(6) the acquisition and creation of permanent supportive housing; and
(7) property management of
permanent supportive housing.
Any unencumbered balance
remaining in this paragraph in the first year does not cancel and is available
for the second year. Assistance
authorized under this paragraph must be provided only to a veteran who has
resided in Minnesota for 30 days prior to the veteran's application for
assistance and according to other guidelines established by the commissioner. To avoid duplication of services, the
commissioner must ensure that this assistance is coordinated with all other
available programs for veterans.
(o) Veterans of Special Guerilla Units and
Irregular Forces in Laos Advisory Task Force. $118,000 the first year is for the
commissioner to staff and support the work of the Veterans of Special Guerilla
Units and Irregular Forces in Laos Advisory Task Force.
(p) Hometown Hero Outdoors. $100,000 the first year is for a grant
to Hometown Hero Outdoors, a 501(c)(3) nonprofit organization based in
Stillwater, Minnesota, to fund outdoor recreational activities and mental
health services for currently serving military personnel and veterans to
promote positive mental
health and interactions with mental
health service professionals; to promote longevity and quality of life through
outdoor activities and mental health services, including public education; and
to ensure that the organization is able to continue supporting persons who are
currently serving or have served in the military. Hometown Hero Outdoors must report to the
commissioner of veterans affairs and the chairs and ranking minority members of
the legislative committees with jurisdiction over veterans affairs policy and
finance no later than September 1, 2026.
The report must include, at a minimum, a detailed explanation of how the
grant money was used and the number of veterans served by the program.
(q) Minnesota Military and Veterans Museum. $300,000 each year is for a grant to
the Minnesota Military and Veterans Museum for museum staff to provide direct
services to veterans and their families.
Subd. 3. Veterans
Health Care |
|
111,402,000 |
|
115,770,000 |
(a) $110,302,000 the first
year and $114,670,000 the second year may be transferred to a veterans homes
special revenue account in the special revenue fund in the same manner as other
receipts are deposited according to Minnesota Statutes, section 198.34, and are
appropriated to the commissioner of veterans affairs for the operation of
veterans homes facilities and programs. The
base for this transfer is $119,100,000 in fiscal year 2028 and each fiscal year
thereafter.
(b) The department shall
seek opportunities to maximize federal reimbursements of Medicare-eligible
expenses and provide annual reports to the commissioner of management and
budget on the federal Medicare reimbursements that are received. Contingent upon future federal Medicare
receipts, reductions to the veterans homes' general fund appropriation may be
made.
(c) $400,000 each year is
for the department to staff Veteran Community Health Navigators in
community-based hospitals.
(d) $700,000 each year is
for the department to operate the veteran suicide prevention program. The commissioner shall develop a
comprehensive plan to prevent Minnesota veterans from dying by suicide. The plan must include:
(1) a community integration
and collaboration strategy that brings together veteran-serving organizations
to provide veterans with coordinated services and supports, including services
and supports related to employment, health, housing, benefits, recreation,
education, and social connections;
(2)
strategies to promote a sense of belonging and purpose among veterans by
connecting veterans with each other, with civilians, and with the veteran's
communities through a range of activities, including physical activity,
community service, and disaster response efforts; and
(3) an implementation
strategy that identifies opportunities to coordinate existing efforts within
federal, state, local, and Tribal governments and nongovernmental entities and
includes a description of the policy changes and resources that are required to
prevent veteran suicides.
The commissioner must
submit a report containing the required plan to the chairs and ranking minority
members of the legislative committees with jurisdiction over veterans affairs
policy and finance by February 15, 2026.
(e) The commissioner of
veterans affairs is not required to perform the annual calculation of the cost
of care for veterans homes in Montevideo, Preston, and Bemidji in the first
year and second year. In the first year
and second year, the commissioner must calculate the average daily cost of care
per resident by averaging the cost of care for veterans homes in Luverne and
Fergus Falls. The commissioner must only
use this method of calculating the cost of care for veterans homes in the first
year and second year. This paragraph
expires June 30, 2027.
Sec. 4. Laws 2023, chapter 38, article 1, section 3, subdivision 2, as amended by Laws 2024, chapter 100, section 23, is amended to read:
Subd. 2. Veterans
Programs and Services |
|
56,523,000 |
|
31,214,000 |
The amounts that may be spent for each purpose are specified in the following subdivisions. The base is $30,258,000 in fiscal year 2026 and each fiscal year thereafter.
(a) State's Veterans Cemeteries. $4,282,000 each year is for the operation of the state's veterans cemeteries. The base for this appropriation is $3,782,000 in fiscal year 2026 and each fiscal year thereafter.
(b) Veterans Service Organizations. $500,000 each year is for grants to the following congressionally chartered veterans service organizations as designated by the commissioner: Disabled American Veterans, Military Order of the Purple Heart, the American Legion, Veterans of Foreign Wars, Vietnam Veterans of America, AMVETS, and Paralyzed Veterans of America. This funding must be allocated in direct proportion to the funding currently being provided by the commissioner to these organizations.
(d) Minnesota GI Bill. $200,000 each year is for the costs of administering the Minnesota GI Bill postsecondary educational benefits, on-the-job training, and apprenticeship program under Minnesota Statutes, section 197.791.
(e) Gold Star Program. $100,000 each year is for administering the Gold Star Program for surviving family members of deceased veterans.
(f) County Veterans Service Office. $1,550,000 each year is for funding the County Veterans Service Office grant program under Minnesota Statutes, section 197.608.
(g) Camp Bliss. $150,000 each year is for a grant to Camp Bliss as provided under article 2, section 9.
(h) Veterans on the Lake. $50,000 each year is for a grant to Veterans on the Lake for expenses related to retreats for veterans, including therapy, transportation, and activities customized for veterans. These are onetime appropriations.
(i) Veteran Resilience Project. $300,000 each year is for a grant to the veteran resilience project. Grant funds must be used to make eye movement desensitization and reprocessing therapy available to veterans, veterans' spouses, current military service members, and current military service members' spouses who are suffering from posttraumatic stress disorder and trauma. The base for this appropriation is $200,000 in fiscal year 2026 and each fiscal year thereafter.
The veteran resilience project must report to the commissioner of veterans affairs and the chairs and ranking minority members of the legislative committees with jurisdiction over veterans affairs policy and finance by January 15 of each year on the program. The report must include an overview of the program's budget, a detailed explanation of program expenditures, the number of veterans and service members served by the program, and a list and explanation of the services provided to program participants.
(j) CORE Program. $1,225,000 each year is for the Counseling and Case Management Outreach Referral and Education (CORE) program.
(k) LinkVet Call Center. $369,000 each year is for the operation of the state's LinkVet Call Center.
(m) Homeless Veterans and SOAR Program. $1,035,000 each year is to operate the homeless veteran registry and homeless programs and to assist veterans, former service members, and veterans' and former service members' dependents with obtaining federal benefits through the Social Security Administration. The commissioner of veterans affairs may use money for personnel, training, research, marketing, and professional or technical contracts. The base for this appropriation is $1,344,000 in fiscal year 2026 and each fiscal year thereafter.
(n) Minnesota Assistance Council for Veterans. $7,865,000 the first year and $1,075,000 the second year are for grants to the Minnesota Assistance Council for Veterans to provide assistance throughout Minnesota to veterans and veterans' families who are homeless or in danger of homelessness, including assistance with:
(1) supportive services to maintain housing;
(2) employment;
(3) legal issues;
(4) housing and housing-related costs;
(5) transportation;
(6) the acquisition and creation of permanent supportive housing; and
(7) property management of permanent supportive housing.
Of these amounts, $6,350,000 the first year is for the establishment of permanent supportive housing options for homeless veterans and former service members. This is a onetime appropriation and is available until June 30, 2026. $440,000 the first year is for the direct veteran assistance grant. This is a onetime appropriation. Any unencumbered balance remaining in this subdivision in the first year for grants to the Minnesota Assistance Council for Veterans does not cancel and is available for the second year. Assistance authorized under this paragraph must be provided only to a veteran who has resided in Minnesota for 30 days prior to the veteran's application for assistance and according to other
(o) Veterans Bonus Program. $15,000,000 the first year is for service bonuses to Post-9/11 Veterans and Gold Star families under Minnesota Statutes, section 197.79. This is a onetime appropriation and is available until June 30, 2024.
(p) Metro Meals on Wheels. $540,000
each year is for a grant to Metro Meals on Wheels to provide: (1) home-delivered meals to veterans; and (2)
technical, enrollment, outreach, and volunteer recruitment assistance to member
programs. Metro Meals on Wheels must
report to the commissioner of veterans affairs and the chairs and ranking
minority members of the legislative committees with jurisdiction over veterans
affairs policy and finance by September 1 each year with a detailed explanation
of how the grant money was used and the number of veterans and service members
served by the program. This is a
onetime appropriation. Any unencumbered
balance does not cancel at the end of the first year and is available for the
second year. This is a onetime
appropriation and is available until June 30, 2027.
(q) Minnesota Military and Veterans Museum. $225,000 the second year is for a grant to the Minnesota Military and Veterans Museum for museum staff to provide direct services to veterans and their families. The base for this appropriation is $300,000 in fiscal year 2026 and each fiscal year thereafter.
(r) Every Third Saturday. $100,000
each year is for a grant to Every Third Saturday to provide veterans with
emergency assistance and internships. Every
Third Saturday must report to the commissioner of veterans affairs and the
chairs and ranking minority members of the legislative committees with
jurisdiction over veterans affairs policy and finance no later than September
1, 2024, and by September 1 of each subsequent year. Each report must include, at a minimum, a
detailed explanation of how the grant money was used and the number of veterans
served by the program. These are
onetime appropriations. These are
onetime appropriations and are available until June 30, 2026.
(s) Veteran Homelessness Initiative. $4,311,000 the first year and $1,311,000 the second year are for an initiative to prevent and end veteran homelessness.
(t) Veterans Campground Wastewater System Upgrades. $744,000 the first year is for one or more grants to the Veterans Campground on Big Marine Lake, a 501(c)(3) nonprofit organization, to design, engineer, permit, and construct wastewater systems on campground property to increase the capacity of wastewater systems. This is a onetime appropriation.
MILITARY AFFAIRS AND VETERANS AFFAIRS POLICY
Section 1. Minnesota Statutes 2024, section 13.461, subdivision 27, is amended to read:
Subd. 27. State
soldiers assistance program Veterans affairs programs. Access to information for purposes of
verifying eligibility for the State Soldiers Assistance Program, the
Veterans Stable Housing Initiative, and veterans programs is governed by
section 197.065.
Sec. 2. Minnesota Statutes 2024, section 192.49, subdivision 1, is amended to read:
Subdivision 1. Officers. Every commissioned officer of the
military forces shall receive from the state, while engaged in any state
active service ordered by the governor as defined in section
190.05, subdivision 5a, pay and allowances at the rate now or hereafter
paid or allowed by law to officers of the same grade and length of service in
the armed forces of the United States, but not less than $130 a day.
Sec. 3. Minnesota Statutes 2024, section 192.49, subdivision 2, is amended to read:
Subd. 2. Enlisted persons. When called into state active service by the governor, other than for encampment or maneuvers, including the time necessarily consumed in travel, each enlisted person of the military forces shall be paid by the state the pay and the allowances, when not furnished in kind, provided by law for enlisted persons of similar grade, rating, and length of service in the armed forces of the United States, or $130 a day, whichever is more.
Sec. 4. Minnesota Statutes 2024, section 192.49, is amended by adding a subdivision to read:
Subd. 2a. Pension
offset stipend. The adjutant
general is authorized to pay service members ordered into state active service
a stipend equivalent to five percent of basic pay for the period of duty to compensate
the service member for pension inequity compared to similar federal service.
Sec. 5. Minnesota Statutes 2024, section 193.143, is amended to read:
193.143 STATE ARMORY BUILDING COMMISSION, POWERS.
Such corporation, subject to the conditions and limitations prescribed in sections 193.141 to 193.149, shall possess all the powers of a body corporate necessary and convenient to accomplish the objectives and perform the duties prescribed by sections 193.141 to 193.149, including the following, which shall not be construed as a limitation upon the general powers hereby conferred:
(1) To acquire by lease, purchase, gift, or condemnation proceedings all necessary right, title, and interest in and to the lands required for a site for a new armory and all other real or personal property required for the purposes contemplated by the Military Code and to hold and dispose of the same, subject to the conditions and limitations herein prescribed; provided that any such real or personal property or interest therein may be so acquired or accepted subject to any condition which may be imposed thereon by the grantor or donor and agreed to by such corporation not inconsistent with the proper use of such property by the state for armory or military purposes as herein provided.
(2) To exercise the power of eminent domain in the manner provided by chapter 117, for the purpose of acquiring any property which such corporation is herein authorized to acquire by condemnation; provided, that the corporation may take possession of any such property so to be acquired at any time after the filing of the petition describing the same in condemnation proceedings; provided further, that this shall not preclude the corporation from abandoning the condemnation of any such property in any case where possession thereof has not been taken.
(4) To provide partnerships with federal and state governments and to match federal and local funds, when available.
(5) To sue and be sued.
(6) To contract and be contracted with in any matter connected with any purpose or activity within the powers of such corporations as herein specified; provided, that no officer or member of such corporation shall be personally interested, directly or indirectly, in any contract in which such corporation is interested.
(7) To employ any and all professional and nonprofessional services and all agents, employees, workers, and servants necessary and proper for the purposes and activities of such corporation as authorized or contemplated herein and to pay for the same out of any portion of the income of the corporation available for such purposes or activities. The officers and members of such corporation shall not receive any compensation therefrom, but may receive their reasonable and necessary expenses incurred in connection with the performance of their duties; provided however, that whenever the duties of any member of the commission require full time and attention the commission may compensate the member therefor at such rates as it may determine.
(8) To borrow money and issue bonds for the purposes and in the manner and within the limitations herein specified, and to pledge any and all property and income of such corporation acquired or received as herein provided to secure the payment of such bonds, subject to the provisions and limitations herein prescribed, and to redeem any such bonds if so provided therein or in the mortgage or trust deed accompanying the same.
(9) To use for the following purposes any available money received by such corporation from any source as herein provided in excess of those required for the payment of the cost of such armory and for the payment of any bonds issued by the corporation and interest thereon according to the terms of such bonds or of any mortgage or trust deed accompanying the same:
(a) to pay the necessary incidental expenses of carrying on the business and activities of the corporation as herein authorized;
(b) to pay the cost of operating, maintaining, repairing, and improving such new armories;
(c) if any further excess money remains, to purchase upon the open market at or above or below the face or par value thereof any bonds issued by the corporation as herein authorized, provided that any bonds so purchased shall thereupon be canceled.
(10) To adopt and use a corporate seal.
(11) To adopt all needful bylaws and rules for the conduct of business and affairs of such corporation and for the management and use of all armories while under the ownership and control of such corporation as herein provided, not inconsistent with the use of such armory for armory or military purposes.
(12) Such corporation shall issue no stock.
(14) The Minnesota State Armory Building Commission created under section 193.142 shall keep all money and credits received by it as a single fund, to be designated as the "Minnesota State Armory Building Commission fund," with separate accounts for each armory; and the commission may make transfers of money from funds appertaining to any armory under its control for use for any other such armory; provided such transfers shall be made only from money on hand, from time to time, in excess of the amounts required to meet payments of interest or principal on bonds or other obligations appertaining to the armory to which such funds pertain and only when necessary to pay expenses of construction, operation, maintenance, debt service, and other obligations reasonable and necessary, of such other armory; provided further, no such transfer of any money paid for the support of any armory by the municipality in which such armory is situated shall be made by the commission.
(15) The corporation created under section 193.142 may designate one or more state or national banks as depositories of its funds, and may provide, upon such conditions as the corporation may determine, that the treasurer of the corporation shall be exempt from personal liability for loss of funds deposited in any such depository due to the insolvency or other acts or omissions of such depository.
(16) The governor is empowered to apply for grants of money, equipment, and materials which may be made available to the states by the federal government for leasing, building, and equipping armories for the use of the military forces of the state which are reserve components of the armed forces of the United States, whenever the governor is satisfied that the conditions under which such grants are offered by the federal government, are for the best interests of the state and are not inconsistent with the laws of the state relating to armories, and to accept such grants in the name of the state. The Minnesota State Armory Building Commission is designated as the agency of the state to receive such grants and to use them for armory purposes as prescribed in this chapter, and by federal laws, and regulations not inconsistent therewith.
Sec. 6. Minnesota Statutes 2024, section 197.065, is amended to read:
197.065 ACCESS TO DATABASE.
(a) Notwithstanding
section 13.46, subdivision 2, the commissioner of veterans affairs may
electronically access the MAXIS database maintained by the Department of Human
Services Children, Youth, and Families for the purpose of verifying
eligibility status of applicants for benefits under the State Soldiers
Assistance Program, the Veterans Stable Housing Initiative, and veterans
programs. The commissioner may
electronically access the MAXIS database to ensure that veterans are connected
to all available state and federal resources for which the veterans are
eligible.
(b) In order to access
any private data on individuals, as defined by section 13.02, subdivision 12,
pursuant to paragraph (a), the commissioner
of veterans affairs must have received informed consent from the subject of the
data.
Sec. 7. Minnesota Statutes 2024, section 197.236, subdivision 8, is amended to read:
Subd. 8. Eligibility. Cemeteries must be operated solely for
the burial of service members who die on active duty, eligible veterans, and
their spouses and dependent children, as defined in United States Code, title
38, section 101 2402, paragraph (2) (a), subparagraphs
1 to 5 and 7.
Subd. 9. Burial fees. (a) The commissioner of veterans affairs shall establish a fee schedule, which may be adjusted from time to time, for the interment of eligible spouses and dependent children. The fees shall cover as nearly as practicable the actual costs of interment, excluding the value of the plot.
(b) Upon application, the
commissioner may waive or reduce the burial fee for an indigent eligible person. The commissioner shall develop maintain
a policy, eligibility standards, and application form for requests to waive or
reduce the burial fee to indigent eligible applicants.
(c) No plot or interment fees
may be charged for the burial of service members who die on active duty or
eligible veterans, as defined in United States Code, title 38, section 101
2402, paragraph (2) (a), subparagraphs 1 to 4 and 7.
Sec. 9. [197.448]
VETERAN OF THE SECRET WAR IN LAOS.
Subdivision 1. Definition. As used in this section, the term
"veteran of the Secret War in Laos" means a person who resides in
Minnesota and who:
(1) was naturalized as
provided in section 2(1) of the federal Hmong Veterans' Naturalization Act of
2000, Public Law 106-207; or
(2) is a person who the
commissioner of veterans affairs determines served honorably with a special
guerrilla unit or with irregular forces that operated from a base in Laos in
support of the armed forces of the United States at any time during the period
beginning February 28, 1961, and ending May 14, 1975, and is a citizen of the
United States or an alien lawfully admitted for permanent residence in the
United States.
Subd. 2. Eligibility
for benefits and privileges. (a)
A veteran of the Secret War in Laos, as defined in subdivision 1, clause (1),
is entitled to the benefits and privileges listed in paragraph (d) the day
following the effective date of this act.
(b) A veteran of the
Secret War in Laos, as defined in subdivision 1, clause (2), is entitled to the
benefits and privileges listed in paragraph (d) after the commissioner of
veterans affairs verifies the person's veteran status. The commissioner must not begin accepting
applications for verification under this paragraph until the legislature enacts
criteria and a protocol to determine:
(1) which Minnesotans
served in special guerilla units or with irregular forces in Laos; and
(2) which of the
Minnesotans who served in special guerilla units or with irregular forces in
Laos are deserving of Minnesota veterans benefits.
(c) If the commissioner
verifies a person's status as a veteran of the Secret War in Laos, the
commissioner must provide the person with a certificate of eligibility for the
benefits and privileges listed in paragraph (d) on a form developed by the
commissioner for this purpose. The
commissioner must develop the form required under this paragraph no later than
September 15, 2025.
(d) The following
statutory benefits and privileges available to a veteran, as defined in section
197.447, are also available to a veteran of the Secret War in Laos: section 171.07, subdivision 15 (veteran
designation on drivers' licenses and state identification cards); section
197.23 (purchase of grave markers); section 197.231 (honor guards); section
197.236 (state veterans cemeteries); section 197.455 (veterans preference);
section 197.4551 (permissive preference for veterans in private employment); section
197.63 (vital records, certified copies); section 197.65 (renewal of
professional licenses, motor vehicle registration, and drivers' licenses); and
section 197.987 (honor and remember flag).
Subd. 6. Grant amount. (a) Each county is eligible to receive an annual grant of $7,500 for the following purposes:
(1) to provide outreach to the county's veterans;
(2) to assist in the reintegration of combat veterans into society;
(3) to collaborate with other social service agencies, educational institutions, and other community organizations for the purposes of enhancing services offered to veterans;
(4) to reduce homelessness among veterans; and
(5) to enhance the operations of the county veterans service office.
(b) In addition to the grant amount in paragraph (a), each county is eligible to receive an additional annual grant under this paragraph. The amount of each additional annual grant must be determined by the commissioner and may not exceed:
(1) $0, if the county's veteran population is less than 1,000;
(2) $2,500, if the county's veteran population is 1,000 or more but less than 3,000;
(3) $5,000, if the county's veteran population is 3,000 or more but less than 5,000;
(4) $7,500, if the county's veteran population is 5,000 or more but less than 10,000;
(5) $10,000, if the county's veteran population is 10,000 or more but less than 20,000;
(6) $15,000, if the county's veteran population is 20,000 or more but less than 30,000; or
(7) $20,000, if the county's veteran population is 30,000 or more.
(c) The Minnesota
Association of County Veterans Service Officers is eligible to receive an
annual grant of $100,000 $160,000. The grant shall must be used
for administrative costs of the association, certification of mandated county
veterans service officer training and accreditation, and costs associated with
reintegration services. Up to $60,000
of this amount may be used to train technical assistance coordinators and for
technical assistance coordinators to travel to consult with Minnesota counties
on specific areas of expertise upon request.
The Minnesota Association of County Veterans Service Officers executive
board must select technical assistance coordinators, who are either county
veterans service officers or assistant county veterans service officers, to
serve for a minimum of one year.
(d) The veteran population of each county shall be determined by the figure supplied by the United States Department of Veterans Affairs, as adopted by the commissioner.
Sec. 11. Minnesota Statutes 2024, section 197.75, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of veterans affairs.
(d) "Eligible child" means a person who:
(1) is the natural or adopted child or stepchild of a deceased veteran; and
(2) is a student making satisfactory academic progress at an eligible institution of higher education.
(e) "Eligible institution" means a postsecondary educational institution located in this state that either is operated by this state or the Board of Regents of the University of Minnesota, or is licensed or registered with the Office of Higher Education.
(f) "Eligible spouse" means the surviving spouse of a deceased veteran, regardless of whether the surviving spouse remarries.
(g) "Eligible veteran" means a veteran who:
(1) is a student making satisfactory academic progress at an eligible institution of higher education;
(2) had Minnesota as the person's state of residence at the time of the person's enlistment or any reenlistment into the United States armed forces, as shown by the person's federal form DD-214 or other official documentation to the satisfaction of the commissioner;
(3) except for benefits under this section, has no remaining military or veteran-related educational assistance benefits for which the person may have been entitled; and
(4) while using the educational assistance authorized in this section, remains a resident student as defined in section 136A.101, subdivision 8.
(h) "Satisfactory academic progress" has the meaning given in section 136A.101, subdivision 10.
(i) "Student" has the meaning given in section 136A.101, subdivision 7.
(j) "Veteran" has the meaning given in section 197.447.
Sec. 12. Minnesota Statutes 2024, section 197.791, subdivision 4, is amended to read:
Subd. 4. Eligibility. (a) A person is eligible for educational assistance under subdivision 5 if:
(1) the person is:
(i) a veteran who is serving or has served honorably in any branch or unit of the United States armed forces at any time;
(ii) a nonveteran who has served honorably for a total of five years or more cumulatively as a member of the Minnesota National Guard or any other active or reserve component of the United States armed forces, and any part of that service occurred on or after September 11, 2001;
(iv) the spouse or child of a person who has served in the military at any time and who has a total and permanent service-connected disability as rated by the United States Veterans Administration, only if the spouse or child is eligible to receive federal education benefits under United States Code, title 38, chapter 33, as amended, or United States Code, title 38, chapter 35, as amended; and
(2) the person receiving the educational assistance is a Minnesota resident, as defined in section 136A.101, subdivision 8; and
(3) the person receiving the educational assistance:
(i) is an undergraduate or graduate student at an eligible institution;
(ii) is maintaining satisfactory academic progress as defined by the institution for students participating in federal Title IV programs;
(iii) is enrolled in an education program leading to a certificate, diploma, or degree at an eligible institution;
(iv) has applied for educational assistance under this section prior to the end of the academic term for which the assistance is being requested;
(v) is in compliance with child support payment requirements under
section 136A.121, subdivision 2, clause (5); and
(vi) has completed the Free Application for Federal Student Aid (FAFSA).
(b) A person's eligibility terminates when the person becomes eligible for benefits under section 135A.52.
(c) To determine eligibility, the commissioner may require official documentation, including the person's federal form DD-214 or other official military discharge papers; correspondence from the United States Veterans Administration; birth certificate; marriage certificate; proof of enrollment at an eligible institution; signed affidavits; proof of residency; proof of identity; or any other official documentation the commissioner considers necessary to determine eligibility.
(d) The commissioner may deny eligibility or terminate benefits under this section to any person who has not provided sufficient documentation to determine eligibility for the program. An applicant may appeal the commissioner's eligibility determination or termination of benefits in writing to the commissioner at any time. The commissioner must rule on any application or appeal within 30 days of receipt of all documentation that the commissioner requires. The decision of the commissioner regarding an appeal is final. However, an applicant whose appeal of an eligibility determination has been rejected by the commissioner may submit an additional appeal of that determination in writing to the commissioner at any time that the applicant is able to provide substantively significant additional information regarding the applicant's eligibility for the program. An approval of an applicant's eligibility by the commissioner following an appeal by the applicant is not retroactively effective for more than one year or the semester of the person's original application, whichever is later.
(e) Upon receiving an application with insufficient documentation to determine eligibility, the commissioner must notify the applicant within 30 days of receipt of the application that the application is being suspended pending receipt by the commissioner of sufficient documentation from the applicant to determine eligibility.
Subdivision 1. Establishment;
membership. (a) The
commissioner of veterans affairs must establish a Veterans of Special Guerilla
Units and Irregular Forces in Laos Advisory Task Force.
(b) The advisory task
force must consist of the commissioner, or a designee, and the following
additional 12 members appointed by the commissioner, except as otherwise
provided:
(1) a representative of
the Minnesota Commanders Task Force designated by the Commanders Task Force;
(2) one member with
direct experience in Military Assistance Command Vietnam Special Forces
operations during the dates established in Minnesota Statutes, section 197.448,
subdivision 1, clause (2);
(3) a United States
armed forces veteran who served on active duty in Vietnam during the Vietnam
War;
(4) a Hmong American
Minnesota resident who served in the United States armed forces;
(5) two veterans of a
special guerilla unit or irregular forces in Laos;
(6) one member with
expertise in the history of allied irregular and surrogate forces during the
dates established in Minnesota Statutes, section 197.448, subdivision 1, clause
(2);
(7) one member with
direct experience in United States intelligence or special operations in
Southeast Asia during the dates established in Minnesota Statutes, section
197.448, subdivision 1, clause (2); and
(8) four legislators,
with one member each appointed by the speaker of the house of representatives,
the house Democratic-Farmer-Labor leader, the senate majority leader, and the
senate minority leader.
Subd. 2. Duties;
report. (a) The task force
must:
(1) establish criteria
for determining which Minnesotans served in the special guerrilla units or with
irregular forces in Laos; and
(2) establish criteria
and a protocol to determine which Minnesotans who served in the special
guerilla units or with irregular forces in Laos are deserving of the benefits
of a veteran under Minnesota law and which veterans benefits should be extended
to these Minnesotans.
(b) The task force must
prepare a report to the legislature that includes the findings, criteria,
protocol, and recommendations required under paragraph (a). The commissioner must deliver the report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over veterans affairs policy and finance by February 15, 2026.
Subd. 3. Administration;
terms of membership. The
commissioner shall convene the first meeting of the advisory task force by
September 15, 2025, and provide staff support to the advisory task force. Minnesota Statutes, section 15.059,
subdivision 6, governs the terms and removal of members of the advisory task
force. Members of the task force serve
without compensation or per diem.
Subd. 4. Expiration. The task force expires February 15,
2026.
Subdivision 1. Purpose. The state of Minnesota wishes to honor
and recognize the service and sacrifices of Gold Star and Blue Star families.
Subd. 2. Memorial plaque. The commissioner of administration shall place a memorial plaque in the court of honor on State Capitol grounds to recognize the service and sacrifices of Minnesota's Gold Star and Blue Star families. The process for determining design and location of the Gold Star and Blue Star memorial will follow the Capitol Area Architectural and Planning Board commemorative works rules under Minnesota Rules, part 2400.2703. The Capitol Area Architectural and Planning Board shall select a design from the submitted designs to use as a basis for final production. The Capitol Area Architectural and Planning Board must include the commissioner of veterans affairs on the design review committee established under Minnesota Rules, part 2400.2703. The memorial design must be furnished by the person or group who submit the design at no cost to the state."
Delete the title and insert:
"A bill for an act relating to state government; establishing a budget for the Department of Military Affairs and the Department of Veterans Affairs; modifying various veterans services and benefits provisions; modifying certain state active service provisions; providing for the state armory building commission; providing benefits to veterans of the Secret War in Laos; establishing a task force; requiring the commissioner of administration to place a memorial plaque honoring Gold Star and Blue Star families on State Capitol grounds; requiring reports; appropriating money; amending Minnesota Statutes 2024, sections 13.461, subdivision 27; 192.49, subdivisions 1, 2, by adding a subdivision; 193.143; 197.065; 197.236, subdivisions 8, 9; 197.608, subdivision 6; 197.75, subdivision 1; 197.791, subdivision 4; Laws 2023, chapter 38, article 1, section 3, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapter 197."
We request the adoption of this report and repassage of the bill. |
Senate Conferees: Aric
Putnam and Heather Gustafson
|
House Conferees: Matt
Bliss, Bidal Duran, Jay Xiong and
Amanda Hemmingsen-Jaeger |
Bliss moved that the report of the
Conference Committee on S. F. No. 1959 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 1959, A bill for
an act relating to state government; establishing a budget for the Department
of Military Affairs and the Department of Veterans Affairs; modifying veterans
services and benefits provisions; requiring the commissioner of administration
to place a memorial plaque honoring Gold Star and Blue Star families on State
Capitol grounds; providing benefits to veterans of the Secret War in Laos;
requiring county veteran services officers to aid certain additional veterans;
establishing a task force; requiring reports; appropriating money; amending
Minnesota Statutes 2024, sections 13.461, subdivision 27; 193.143; 197.065;
197.236, subdivisions 8, 9; 197.603, subdivision 1; 197.608, subdivision 6;
197.75, subdivision 1; 197.791, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapter 197.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage
of the bill and the roll was called. There
were 130 yeas and 0 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
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
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
Robbins
Rymer
Schomacker
Schultz
Schwartz
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
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 Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Thomas
S. Bottern, Secretary of the Senate
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.
May 16, 2025
The Honorable Bobby Joe Champion
President of the Senate
The Honorable Lisa M. Demuth
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2370 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 2370 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2024, section 10.65, subdivision 2, is amended to read:
Subd. 2. Definitions. As used in this section, the following terms have the meanings given:
(1) "agency" means the Department
of Administration; Department of Agriculture; Department of Children, Youth,
and Families; Department of Commerce; Department of Corrections; Department of
Education; Department of Employment and Economic Development; Department of
Health; Office of Higher Education; Housing Finance Agency; Department of Human
Rights; Department of Human Services; Department of Information Technology
Services; Department of Iron Range Resources and Rehabilitation; Department of
Labor and Industry; Minnesota Management and Budget; Bureau of Mediation
Services; Department of Military Affairs; Metropolitan Council; Department of
Natural Resources; Pollution Control Agency; Department of Public Safety;
Department of Revenue; Department of Transportation; Department of Veterans
Affairs; Direct Care and Treatment; Gambling Control Board; Racing Commission;
the Minnesota Lottery; the Animal Health Board; the Public Utilities
Commission; and the Board of Water and Soil Resources; and the Office
of Cannabis Management;
(2) "consultation" means the direct and interactive involvement of the Minnesota Tribal governments in the development of policy on matters that have Tribal implications. Consultation is the proactive, affirmative process of identifying and seeking input from appropriate Tribal governments and considering their interest as a necessary and
(3) "matters that have Tribal implications" means rules, legislative proposals, policy statements, or other actions that have substantial direct effects on one or more Minnesota Tribal governments, or on the distribution of power and responsibilities between the state and Minnesota Tribal governments;
(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community; and Upper Sioux Community; and
(5) "timely and meaningful" means done or occurring at a favorable or useful time that allows the result of consultation to be included in the agency's decision-making process for a matter that has Tribal implications.
Sec. 2. 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.
(c) No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended:
(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.
(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. 3. 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
(7) be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product.
(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.
(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.
Sec. 4. 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.
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. 6. 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. 7. 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.
Sec. 8. Minnesota Statutes 2024, section 152.24, is amended to read:
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. 9. 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.
(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.
(d) If an officer, director, or
controlling person of the manufacturer pleads or is found guilty of
intentionally diverting medical cannabis to a person other than allowed by law
under section 152.33, subdivision 1, the commissioner office may
decide not to renew the registration of the manufacturer, provided the
violation occurred while the person was an officer, director, or controlling
person of the manufacturer.
(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. 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 of recommended dosages for each qualifying medical condition, the range of chemical compositions that will likely be medically beneficial, and any risks of noncannabis drug interactions. The office shall consult with each manufacturer on an annual basis on medical cannabis offered by the manufacturer. The list of medical cannabis offered by a manufacturer shall be published on the Office of Cannabis Management website.
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. 10. 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.
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.
Sec. 12. Minnesota Statutes 2024, section 152.27, subdivision 2, is amended to read:
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.
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. 14. 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;
(3) provide explanatory information from the office to patients with qualifying medical conditions, including disclosure to all patients about the experimental nature of therapeutic use of medical cannabis; the possible risks, benefits, and side effects of the proposed treatment; the application and other materials from the office; and provide patients with the Tennessen warning as required by section 13.04, subdivision 2; and
(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. 15. 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;
(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.
Sec. 16. Minnesota Statutes 2024, section 152.29, subdivision 1, is amended to read:
Subdivision 1. Manufacturer;
requirements. (a) A manufacturer may
operate eight distribution facilities, which may include the manufacturer's
single location for cultivation, harvesting, manufacturing, packaging, and
processing but is not required to include that location. The commissioner 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
(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.
(j) A medical cannabis manufacturer may
not employ any person who is under 21 years of age or who has been convicted of
a disqualifying felony offense. An
employee of a medical cannabis manufacturer must submit a completed criminal
history records check consent form, a full set of classifiable fingerprints,
and the required fees for submission to the Bureau of Criminal Apprehension
before an employee may begin working with the manufacturer. The bureau must conduct a Minnesota criminal
history records check and the superintendent is authorized to exchange the
fingerprints with the Federal Bureau of Investigation to obtain the applicant's
national criminal history record information.
The bureau shall return the results of the Minnesota and federal
criminal history records checks to the commissioner office.
(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.
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. 18. 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.
(b) Notwithstanding paragraph (a), a medical cannabis manufacturer that is only transporting hemp for any purpose may staff the transport motor vehicle with only one employee.
(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. 19. 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;
(3) the chemical composition of the medical cannabis distributed; and
(4) the tracking number assigned to the medical cannabis distributed.
Sec. 20. 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.
(c) The commissioner office
may execute data sharing arrangements with the commissioner of agriculture to
verify licensing, inspection, and compliance information related to hemp
growers and hemp processors under chapter 18K.
Sec. 21. 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
(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.
(i) An attorney may not be subject to disciplinary action by the Minnesota Supreme Court, a Tribal court, or the professional responsibility board for providing legal assistance to prospective or registered manufacturers or others related to activity that is no longer subject to criminal penalties under state law pursuant to sections 152.22 to 152.37, or for providing legal assistance to a Tribal medical cannabis program or a Tribal medical cannabis program manufacturer.
(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. 22. 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
(b) All fines collected under this subdivision shall be deposited in the state government special revenue fund.
Sec. 23. 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. 24. 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.
(c) A medical cannabis manufacturer may charge patients enrolled in the registry program a reasonable fee for costs associated with the operations of the manufacturer. The manufacturer may establish a sliding scale of patient fees based upon a patient's household income and may accept private donations to reduce patient fees.
Sec. 25. 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.
(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. 26. Minnesota Statutes 2024, section 342.01, subdivision 9, is amended to read:
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. 27. 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.
Sec. 28. 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. 29. 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;
(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; or
(13) (14) medical cannabis
combination business.
Sec. 30. 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;
(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
(2) a product that:
(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.
Sec. 31. 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.
Sec. 32. Minnesota Statutes 2024, section 342.01, is amended by adding a subdivision to read:
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. 33. 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. 34. 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. 35. 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.
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
(5) for an employee in a temporary unclassified position transferred to the Office of Cannabis Management, the total length of time that the employee has served in the appointment shall include all time served in the appointment and the transferring agency and the time served in the appointment at the Office of Cannabis Management. An employee in a temporary unclassified position who was hired by a transferring agency through an open competitive selection process in accordance with a policy enacted by Minnesota Management and Budget shall be considered to have been hired through such process after the transfer.
(c) This subdivision is effective July
1, 2024.
Sec. 37. 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. 38. 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;
(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.
Sec. 39. Minnesota Statutes 2024, section 342.11, is amended to read:
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
(3) for a cannabis cultivator:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000; and
(iii) a renewal license fee of $30,000;
(4) for a cannabis manufacturer:
(i) an application fee of $10,000;
(ii) an initial license fee of $10,000; and
(iii) a renewal license fee of $20,000;
(5) for a cannabis retailer:
(i) an application fee of $2,500;
(ii) an initial license fee of $2,500; and
(iii) a renewal license fee of $5,000;
(6) for a cannabis wholesaler:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(7) for a cannabis transporter:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(8) for a cannabis testing facility:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(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) (13) for a lower-potency
hemp edible retailer:
(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.
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.
(g) The office by rule may permit the relocation of a licensed cannabis business; permit the relocation of an approved operational location, including a cultivation, manufacturing, processing, or retail location; adopt requirements for the submission of a license relocation application; establish standards for the approval of a relocation application; and charge a fee not to exceed $250 for reviewing and processing applications. Relocation of a licensed premises pursuant to this paragraph does not extend or otherwise modify the license term of the license subject to relocation.
Sec. 41. 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.
(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 may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Before adopting the interim ordinance, the governing body must hold a public hearing. The interim ordinance may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction or a portion thereof until January 1, 2025.
(f) Within 30 days of receiving a copy of an application from the office, a local unit of government shall certify on a form provided by the office whether a proposed cannabis business 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.
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;
(13) certification that the applicant will comply with the requirements of this chapter;
(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;
(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) (e), 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.
(d) A labor peace agreement entered
into on or after August 15, 2025, must address the duration of the election.
(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) (e) 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. 43. 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. 44. 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
(b) Upon receipt of the information required under paragraph (a) from an applicant that has received preliminary license approval, the office must:
(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. 45. 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. 46. 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;
(3) labor trafficking;
(4) fraud;
(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. 47. Minnesota Statutes 2024, section 342.16, is amended to read:
342.16
CANNABIS BUSINESSES; GENERAL OWNERSHIP DISQUALIFICATIONS AND REQUIREMENTS.
(a) A license holder or applicant must meet each of the following requirements, if applicable, to hold or receive a cannabis license issued under this chapter:
(1) be at least 21 years of age;
(2) have completed an application for licensure or application for renewal;
(3) have paid the applicable application fee and license fee;
(4) if the applicant or license holder is a business entity, be incorporated in the state or otherwise formed or organized under the laws of the state;
(5) not be employed by the office or any state agency with regulatory authority under this chapter or the rules adopted pursuant to this chapter;
(6) not be a licensed peace officer, as defined in section 626.84, subdivision 1, paragraph (c);
(7) never have had a license previously issued under this chapter revoked, and never have had a cannabis license, a registration, an agreement, or another authorization to operate a cannabis business issued under the laws of another state revoked;
(8) have filed any previously required tax returns for a cannabis business;
(9) have paid and remitted any business taxes, gross receipts taxes, interest, or penalties due relating to the operation of a cannabis business;
(11) not be disqualified under section 342.15;
(12) not employ an individual who is disqualified from working for a cannabis business under this chapter;
(13) meet the ownership and operational requirements for the type of license and, if applicable, endorsement sought or held; and
(14) not have had any confirmed willful labor violation with the Department of Labor, National Labor Relations Board, or the Occupational Safety and Health Administration within the last five years, as determined by the office.
(b) A health care practitioner who certifies qualifying medical conditions for patients is prohibited from:
(1) holding a direct or indirect economic interest in a cannabis business;
(2) serving as a cooperative member, director, manager, general partner, or employee of a cannabis business; or
(3) advertising with a cannabis business in any way.
(c) If the license holder or applicant is a business entity, every officer, director, manager, and general partner of the business entity must meet each of the requirements of this section.
(d) The ownership disqualifications and requirements under this section do not apply to a hemp business license holder or applicant.
Sec. 48. 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;
(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
(7) has participated in the business operation of a farm for at least three years and currently provides the majority of the day-to-day physical labor and management of a farm that had gross farm sales of at least $5,000 but not more than $100,000 in the previous year.
(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 percent of the controlling ownership of the business entity.
Sec. 49. 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.
Sec. 50. 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.
(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. 51. Minnesota Statutes 2024, section 342.22, is amended by adding a subdivision to read:
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.
Sec. 52. 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;
(5) manufacture adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for public consumption;
(6) purchase immature cannabis plants and
seedlings 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 medical cannabis
combination business, 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;
(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. 53. 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. 54. 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;
(6) manufacture adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for public consumption;
(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
medical cannabis combination business, 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;
(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. 55. 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. 56. 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.
Sec. 57. Minnesota Statutes 2024, section 342.32, subdivision 1, is amended to read:
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, and medical cannabis combination businesses;
(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.
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. 59. 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. 60. 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, medical
cannabis combination businesses, 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;
(4) sell immature cannabis plants and seedlings, cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to cannabis microbusinesses, cannabis mezzobusinesses, cannabis manufacturers, and cannabis retailers;
(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. 61. 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.
(1) the manufacturer is licensed in another jurisdiction and subject to regulations designed to protect the health and safety of consumers that the office determines are substantially similar to the regulations in this state; or
(2) the cannabis wholesaler establishes, to the satisfaction of the office, that the manufacturer engages in practices that are substantially similar to the practices required for licensure of manufacturers in this state.
(c) The cannabis wholesaler must enter all relevant information regarding an imported hemp-derived consumer product into the statewide monitoring system before the product may be distributed. Relevant information includes information regarding the cultivation, processing, and testing of the industrial hemp used in the manufacture of the product and information regarding the testing of the hemp-derived consumer product. If information regarding the industrial hemp or hemp-derived consumer product was submitted to a statewide monitoring system used in another state, the office may require submission of any information provided to that statewide monitoring system and shall assist in the transfer of data from another state as needed and in compliance with any data classification established by either state.
(d) The office may suspend, revoke, or cancel the endorsement of a distributor who is prohibited from distributing products containing cannabinoids in any other jurisdiction, convicted of an offense involving the distribution of products containing cannabinoids in any other jurisdiction, or found liable for distributing any product that injured customers in any other jurisdiction. A cannabis wholesaler shall disclose all relevant information related to actions in another jurisdiction. Failure to disclose relevant information may result in disciplinary action by the office, including the suspension, revocation, or cancellation of an endorsement or license.
(e) Notwithstanding any law to the contrary, it shall not be a defense in any civil or criminal action that a licensed wholesaler relied on information on a product label or otherwise provided by a manufacturer who is not licensed in this state.
Sec. 62. 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. 63. Minnesota Statutes 2024, section 342.37, subdivision 2, is amended to read:
Subd. 2. Additional information required; exception. (a) In addition to the information required to be submitted under section 342.14, subdivision 1, and rules adopted pursuant to that section, a person, cooperative, or business seeking a cannabis testing facility license must submit the following information in a form approved by the office:
(1) an operating plan demonstrating the proposed layout of the facility, including a diagram of ventilation and filtration systems and policies to avoid sales to unlicensed businesses;
(3) evidence that the business will comply with the applicable operation requirements for the license being sought.
(b) An independent laboratory approved
to test medical cannabis produced by a medical cannabis manufacturer pursuant
to section 152.25 and Minnesota Rules, part 4770.2000, before May 1, 2025, is
not required to submit an attestation signed by a bona fide labor organization
stating that the applicant has entered into a labor peace agreement at the time
of an initial application for a cannabis testing facility license. A laboratory that receives a cannabis testing
facility license under this exception must submit an attestation signed by a
bona fide labor organization stating that the applicant has entered into a
labor peace agreement at the time of the second renewal of the license.
Sec. 64. 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. 65. 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. 66. 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.
(b) The office by rule may limit the number of cannabis event licenses that a person or business may hold.
(c) For purposes of this subdivision, restrictions on the number or type of license that a business may hold apply to every cooperative member or every director, manager, and general partner of a cannabis business.
Sec. 67. Minnesota Statutes 2024, section 342.40, subdivision 7, is amended to read:
Subd. 7. Cannabis event sales. (a) Cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail endorsement, cannabis retailers, medical cannabis combination businesses operating a retail location, and lower-potency hemp edible retailers, including the cannabis event organizer, may be authorized to sell cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to customers at a cannabis event.
(b) All sales of cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products at a cannabis event must take place in a retail area as designated in the premises diagram.
(c) Authorized retailers may only conduct sales within their specifically assigned area.
(d) Authorized retailers must verify the age of all customers pursuant to section 342.27, subdivision 4, before completing a sale and may not sell cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower‑potency hemp edibles, or hemp-derived consumer products to an individual under 21 years of age.
(e) Authorized retailers may display one sample of each type of cannabis plant, adult-use cannabis flower, adult‑use cannabis product, lower-potency hemp edible, and hemp-derived consumer product available for sale. Samples of adult-use cannabis and adult-use cannabis products must be stored in a sample jar or display case and be accompanied by a label or notice containing the information required to be affixed to the packaging or container containing adult-use cannabis flower and adult-use cannabis products sold to customers. A sample may not consist of more than eight grams of adult-use cannabis flower or adult-use cannabis concentrate, or an edible cannabis product infused with more than 100 milligrams of tetrahydrocannabinol. A cannabis retailer may allow customers to smell the adult-use cannabis flower or adult-use cannabis product before purchase.
(g) Authorized retailers may not:
(1) sell adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products to a person who is visibly intoxicated;
(2) knowingly sell more cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products than a customer is legally permitted to possess;
(3) sell medical cannabis flower or
medical cannabinoid products; or
(4) give away cannabis plants, cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp‑derived consumer
products; or
(5) (4) allow for the
dispensing of cannabis plants, cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products in vending
machines.
(h) Except for samples of a cannabis plant, adult-use cannabis flower, adult-use cannabis product, lower-potency hemp edible, and hemp-derived consumer product, all cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for sale at a cannabis event must be stored in a secure, locked container that is not accessible to the public. Such items being stored at a cannabis event shall not be left unattended.
(i) All cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products for sale at a cannabis event must comply with this chapter and rules adopted pursuant to this chapter regarding the testing, packaging, and labeling of those items.
(j) All cannabis plants, adult-use cannabis flower, and adult-use cannabis products sold, damaged, or destroyed at a cannabis event must be recorded in the statewide monitoring system.
Sec. 68. Minnesota Statutes 2024, section 342.40, is amended by adding a subdivision to read:
Subd. 7a. Cannabis
sample products. (a)
Notwithstanding any other provisions of law, a retailer authorized to make
sales to customers pursuant to subdivision 7 may give away samples of cannabis
plants, cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products during a cannabis event. A label or notice containing the information
required to be affixed to the packaging or container containing cannabis
flower, adult-use cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products sold to customers must be displayed and
available for consumers.
(b) Products given away as samples must
not consist of more than:
(1) one gram of adult-use cannabis
flower or adult-use cannabis concentrate;
(2) ten milligrams of
tetrahydrocannabinol infused in an edible cannabis product; and
(3) five milligrams of delta-9
tetrahydrocannabinol, 100 milligrams of cannabidiol, cannabigerol, cannabinol,
or cannabichromene, or any combination of those cannabinoids that does not
exceed the identified amounts in a lower‑potency hemp edible.
(c) Authorized
retailers must not give away samples to an individual who is visibly
intoxicated.
(d) Samples of any cannabis plants,
cannabis flower, cannabis products, and hemp-derived consumer products that are
required to be entered into the statewide monitoring system must be documented
in the statewide monitoring system.
Sec. 69. 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.
Sec. 70. 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.
Sec. 71. 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. 72. 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. A labor peace agreement entered into on or
after August 15, 2025, must address the duration of the election.
(d) An application on behalf of a
corporation or association shall be signed by at least two officers or managing
agents of that entity.
Sec. 73. 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 but are
compliant with the importing state's requirements to customers outside of the
state; and
(9) (12) perform other
actions approved by the office.
Sec. 74. 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 may only sell or offer for sale products containing cannabinoids
to customers outside of the state if the products are compliant with the
importing state's requirements.
(h) 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. A lower-potency hemp edible manufacturer
selling such products must ensure that the products are not sold in Minnesota
by notifying the distributor, wholesaler, retail business, or other person
purchasing a product that sale of the products in Minnesota could result in the
imposition of civil or criminal penalties and in the termination of any
contract between the lower‑potency hemp edible manufacturer and the
distributor, wholesaler, retail business, or other person purchasing the
product.
(i) 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.
Sec. 75. 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. 76. [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;
(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
(6) perform other actions approved by
the office.
Subd. 2. Operations;
physical presence. (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.
(d) A lower-potency
hemp edible wholesaler must own or lease warehouse or office space within the
state.
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. 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.
Subd. 5. 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.
Sec. 77. 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, medical cannabis combination business, 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.
Sec. 78. 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.
Sec. 79. Minnesota Statutes 2024, section 342.46, is amended by adding a subdivision to read:
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
or general liability insurance with a limit of at least $1,000,000 for each
occurrence;
(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 or
independent contractor acting on behalf of the lower-potency hemp edible
retailer; 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.
Sec. 80. 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 or independent contractor 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.
Sec. 81. 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.
Sec. 82. Minnesota Statutes 2024, section 342.46, subdivision 5, is amended to read:
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
(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.
Sec. 83. 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.
Sec. 84. 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.
Subd. 8. On-site consumption. (a) A lower-potency hemp edible retailer may permit on-site consumption of lower-potency hemp edibles on a portion of its premises if it has an on-site consumption endorsement.
(b) The office shall issue an on-site consumption endorsement to any lower-potency hemp edible retailer that also holds an on-sale license issued under chapter 340A.
(c) A lower-potency hemp edible retailer must ensure that lower-potency hemp edibles sold for on-site consumption comply with this chapter and rules adopted pursuant to this chapter regarding testing.
(d) Lower-potency hemp edibles sold for on-site consumption, other than lower-potency hemp edibles that are intended to be consumed as a beverage, must be served in the required packaging, but may be removed from the products' packaging by customers and consumed on site.
(e) Lower-potency hemp edibles that are intended to be consumed as a beverage may be served outside of the edibles' packaging if the information that is required to be contained on the label of a lower-potency hemp edible is posted or otherwise displayed by the lower-potency hemp edible retailer. Hemp workers who serve beverages under this paragraph are not required to obtain an edible cannabinoid product handler endorsement under section 342.07, subdivision 3.
(f) Food and beverages not otherwise prohibited by this subdivision may be prepared and sold on site if the lower-potency hemp edible retailer complies with all relevant state and local laws, ordinances, licensing requirements, and zoning requirements.
(g) A lower-potency hemp edible retailer may offer recorded or live entertainment if the lower-potency hemp edible retailer complies with all relevant state and local laws, ordinances, licensing requirements, and zoning requirements.
(h) In addition to the prohibitions under subdivision 7, a lower-potency hemp edible retailer with an on-site consumption endorsement may not:
(1) sell, give, furnish, or in any way procure for another lower-potency hemp edibles for the use of an obviously intoxicated person;
(2) sell lower-potency hemp edibles that are designed or reasonably expected to be mixed with an alcoholic beverage; or
(3) permit lower-potency hemp edibles that have been removed from the products' packaging to be removed from the premises of the lower-potency hemp edible retailer.
(i) A lower-potency hemp edible
retailer is permitted to sell and may permit the consumption of lower-potency
hemp edibles that are intended to be consumed as a beverage at an event hosted
off site if:
(1) the event has been authorized by
the local unit of government exercising jurisdiction over the location;
(2) the event organizer holds an
on-sale license issued under chapter 340A; and
(3) the event does not exceed four
days.
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.
Sec. 87. 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.
Sec. 88. Minnesota Statutes 2024, section 342.51, is amended by adding a subdivision to read:
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. 89. 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.
(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;
(11) manufacture, package, and label medical cannabis flower and medical cannabinoid products for sale to cannabis businesses with a medical cannabis processor endorsement, cannabis businesses with a medical cannabis retail endorsement, other medical cannabis combination businesses, and persons in the registry program;
(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;
(12) (13) manufacture, package,
and label adult-use cannabis flower, adult-use cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products for sale to customers and
other cannabis businesses;
(13) (14) 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) (15) 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
(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
(15) (18) 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. 90. 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.
Sec. 91. 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.
Sec. 92. Minnesota Statutes 2024, section 342.52, subdivision 9, is amended to read:
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.
Sec. 93. Minnesota Statutes 2024, section 342.56, subdivision 2, is amended to read:
Subd. 2. Health
care facilities. (a) Health care
facilities licensed under chapter 144A; hospice providers licensed under
chapter 144A; boarding care homes or supervised living facilities licensed
under section 144.50; assisted living facilities under chapter 144G; facilities
owned, controlled, managed, or under common control with hospitals licensed
under chapter 144; and other health care facilities licensed by the
commissioner of health or the commissioner of human services may adopt
reasonable restrictions on the use of medical cannabis flower or
medical cannabinoid, cannabis products, lower-potency hemp
edibles, hemp-derived consumer products, or hemp-derived topical products
by a patient enrolled in the registry program who resides at or is actively
receiving treatment or care at the facility.
The restrictions may include a provision that the facility must not
store or maintain a patient's supply of medical cannabis flower or medical
cannabinoid cannabis products on behalf of the patient; that a patient
store the patient's supply of medical cannabis flower or medicinal
cannabinoid, cannabis products, lower-potency hemp edibles,
hemp-derived consumer products, or hemp-derived topical products in a
locked container accessible only to the patient, the patient's designated
caregiver, or the patient's parent, legal guardian, or spouse; that the
facility is not responsible for providing medical cannabis or hemp
for patients; and that medical cannabis flower or medical cannabinoid,
cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, or hemp-derived topical products are used only in a location
specified by the facility or provider. Nothing
in this subdivision requires facilities and providers listed in this
subdivision to adopt such restrictions.
(b) No facility or provider listed in this
subdivision may unreasonably limit a patient's access to or use of medical
cannabis flower or medical cannabinoid, cannabis products,
lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived
topical products to the extent that such use is authorized under sections
342.51 to 342.59, or, in the case of a visiting patient, authorized to use
cannabis under the laws of their state of residence. No facility or provider listed in this
subdivision may prohibit a patient access to or use of medical cannabis
flower or medical cannabinoid cannabis products due solely to the
fact that cannabis is a controlled substance pursuant to the federal Uniform
Controlled Substances Act. If a federal
regulatory agency, the United States Department of Justice, or the federal
Centers for Medicare and Medicaid Services takes one of the following actions,
a facility or provider may suspend compliance with this paragraph until the
regulatory agency, the United States Department of Justice, or the federal
Centers for Medicare and Medicaid Services notifies the facility or provider
that it may resume permitting the use of medical cannabis flower or
medical cannabinoid, cannabis products, lower-potency hemp
edibles, hemp-derived consumer products, or hemp-derived topical products
within the facility or in the provider's service setting:
(1) a federal regulatory agency or the United States Department of Justice initiates enforcement action against a facility or provider related to the facility's compliance with the medical cannabis program; or
(2) a federal regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification to the facility or provider that expressly prohibits the use of medical cannabis in health care facilities or otherwise prohibits compliance with the medical cannabis program.
(d) Nothing in this subdivision is
intended to require a facility covered by this subdivision to permit violations
of sections 144.411 to 144.417.
(e) This subdivision does not apply to
sober homes under section 254B.181, except that a resident of a sober home who
is a patient enrolled in the registry program must have access to medical
cannabis flower and medical cannabinoid products subject to the restrictions
and requirements in paragraphs (a) and (b).
Sec. 94. 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
(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.
(g) Possession of a registry verification or an application for enrollment in the registry program and possession of a registry verification or its equivalent issued by a Tribal medical cannabis program or application for enrollment in a Tribal medical cannabis program by a person entitled to possess the verification or application:
(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 in a Tribal medical cannabis 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 or a Tribal medical cannabis 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.
(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 a 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) (3) a patient's positive
drug test for cannabis components or metabolites, unless the patient used,
possessed, sold, transported, or was impaired by medical cannabis flower or a
medical cannabinoid product on work premises, during working hours, or while
operating an employer's machinery, vehicle, or equipment.
(b) An employee who is a patient 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 An individual 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
individual's status as a patient or person an individual
enrolled in the registry program or on the individual'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 individual'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.
Sec. 95. Minnesota Statutes 2024, section 342.59, subdivision 2, is amended to read:
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. 96. 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
(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.
Sec. 97. 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.
Sec. 98. Minnesota Statutes 2024, section 342.63, subdivision 2, is amended to read:
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. 99. 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:
(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;
(4) the type of cannabis product, lower-potency hemp edible, or hemp-derived consumer product;
(5) the batch number;
(6) the serving size;
(7) the cannabinoid profile per serving and in total;
(8) a list of ingredients;
(9) a universal symbol established by the office indicating that the package or container contains cannabis flower, a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product;
(10) a warning symbol developed by the office in consultation with the commissioner of health and the Minnesota Poison Control System that:
(i) is at least three-quarters of an inch tall and six-tenths of an inch wide;
(ii) is in a highly visible color;
(iii) includes a visual element that is commonly understood to mean a person should stop;
(iv) indicates that the product is not for children; and
(v) includes the phone number of the Minnesota Poison Control System;
(11) verification that the cannabis product, lower-potency hemp edible, hemp-derived consumer product, or medical cannabinoid product was tested according to section 342.61 and that the cannabis product, lower-potency hemp edible, hemp-derived consumer product, or medical cannabinoid product complies with the applicable standards;
(12) 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.
Sec. 100. 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;
(6) a list of ingredients;
(7) a statement that the product does not claim to diagnose, treat, cure, or prevent any disease and that the product has not been evaluated or approved by the United States Food and Drug Administration, unless the product has been so approved; and
(8) any other statements or information required by the office.
(b) The information required in
paragraph (a), clauses (1), (2), and (5), may be provided through the use of a
scannable barcode or matrix barcode that links to a page on a website
maintained by the manufacturer or distributor if that page contains all of the
information required by this subdivision.
Sec. 101. 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;
(3) resources customers and patients may consult to answer questions about cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products, and any side effects and adverse effects;
(4) contact information for the poison control center and a safety hotline or website for customers to report and obtain advice about side effects and adverse effects of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products;
(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. 102. 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;
(4) to be consumed through chewing; or
(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;
(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.
Sec. 103. Minnesota Statutes 2024, section 609A.06, subdivision 3, is amended to read:
Subd. 3. Eligibility; cannabis offense. (a) A person is eligible for an expungement or resentencing to a lesser offense if:
(1) the person was convicted of, or
adjudication was stayed for, a violation of any of the following a
first-, second-, third-, fourth-, or fifth-degree controlled substance crime
involving the sale or possession of marijuana or tetrahydrocannabinols:
(i) section 152.021, subdivision 1,
clause (6);
(ii) section 152.021, subdivision 2,
clause (6);
(iii) section 152.022, subdivision 1,
clause (5), or clause (7), item (iii);
(iv) section 152.022, subdivision 2,
clause (6);
(v) section 152.023, subdivision 1,
clause (5);
(vi) section 152.023, subdivision 2,
clause (5);
(vii) section 152.024, subdivision (4);
or
(viii) section 152.025, subdivision 2,
clause (1) under Minnesota Statutes 2023 Supplement, section 152.021,
152.022, 152.023, 152.024, or 152.025, or a previous version of those or any
other statutes criminalizing the possession, sale, transportation, or
cultivation of marijuana or tetrahydrocannabinols;
(2) the offense did not involve a dangerous weapon, the intentional infliction of bodily harm on another, an attempt to inflict bodily harm on another, or an act committed with the intent to cause fear in another of immediate bodily harm or death;
(3) the act on which the charge was based would either be a lesser offense or no longer be a crime after Augus 1, 2023; and
(4) the person did not appeal the conviction, any appeal was denied, or the deadline to file an appeal has expired.
(b) A person who is eligible for an
expungement under paragraph (a) is also eligible for an expungement of any
other cannabis-related offense that was charged along with the underlying crime
described in paragraph (a) and was dismissed.
(c) For purposes
of this subdivision, a section, the following terms have the meanings
given:
(1) "cannabis-related
offense" means an offense described in paragraph (a), clause (1), and also
includes an offense described in Minnesota Statutes 2022, section 152.027,
subdivisions 3 and 4; and
(2) "lesser offense" means a nonfelony offense if the person was charged with a felony.
Sec. 104. Minnesota Statutes 2024, section 609A.06, subdivision 7, is amended to read:
Subd. 7. Review and determination. (a) The Cannabis Expungement Board shall review all available records to determine whether the conviction or stay of adjudication is eligible for an expungement or resentencing to a lesser offense and, if so, whether any dismissed cannabis-related offense is also eligible for expungement. An expungement under this section is presumed to be in the public interest unless there is clear and convincing evidence that an expungement or resentencing to a lesser offense would create a risk to public safety.
(b) If the Cannabis Expungement Board determines that an expungement is in the public interest, the board shall determine whether a person's conviction should be vacated and charges should be dismissed.
(c) If the Cannabis Expungement Board determines that an expungement is in the public interest, the board shall determine whether the limitations under section 609A.03, subdivision 5a, apply.
(d) If the Cannabis Expungement Board determines that an expungement is in the public interest, the board shall determine whether the limitations under section 609A.03, subdivision 7a, paragraph (b), clause (5), apply.
(e) If the Cannabis Expungement Board determines that an expungement is not in the public interest, the board shall determine whether the person is eligible for resentencing to a lesser offense.
(f) In making a determination under this subdivision, the Cannabis Expungement Board shall consider:
(1) the nature and severity of the underlying crime, including but not limited to the total amount of marijuana or tetrahydrocannabinols possessed by the person and whether the offense involved a dangerous weapon, the intentional infliction of bodily harm on another, an attempt to inflict bodily harm on another, or an act committed with the intent to cause fear in another of immediate bodily harm or death;
(2) whether an expungement or resentencing the person a lesser offense would increase the risk, if any, the person poses to other individuals or society;
(3) if the person is under sentence, whether an expungement or resentencing to a lesser offense would result in the release of the person and whether release earlier than the date that the person would be released under the sentence currently being served would present a danger to the public or would be compatible with the welfare of society;
(4) aggravating or mitigating factors relating to the underlying crime, including the person's level of participation and the context and circumstances of the underlying crime;
(5) statements from victims and law enforcement, if any;
(6) if an expungement or resentencing the person to a lesser offense is considered, whether there is good cause to restore the person's right to possess firearms and ammunition;
(8) whether the person was also charged with other offenses in addition to the underlying crime, the disposition of those other charges, and other factors deemed relevant by the Cannabis Expungement Board.
(g) In making a determination under this subdivision, the Cannabis Expungement Board shall not consider the impact the expungement would have on the offender based on any records held by the Department of Health; Department of Children, Youth, and Families; or Department of Human Services.
(h) The affirmative vote of three members is required for action taken at any meeting.
Sec. 105. Minnesota Statutes 2024, section 609A.06, subdivision 10, is amended to read:
Subd. 10. Notice
to judicial branch and offenders. (a)
The Cannabis Expungement Board shall identify any conviction or, stay
of adjudication, or dismissed cannabis-related offense that qualifies
for an order of expungement or resentencing to a lesser offense and notify the
judicial branch of:
(1) the name and date of birth of a person whose conviction or stay of adjudication is eligible for an order of expungement or resentencing to a lesser offense;
(2) the court file number of the eligible conviction or stay of adjudication;
(3) whether the person is eligible for an expungement;
(4) if the person is eligible for an expungement, whether the person's conviction should be vacated and charges should be dismissed;
(5) if the person is eligible for an expungement, whether there is good cause to restore the offender's right to possess firearms and ammunition;
(6) if the person is eligible for an
expungement, whether the limitations under section 609A.03, subdivision 7a,
paragraph (b), clause (5), apply; and
(7) if the person is eligible for an
expungement, whether the expungement should also apply to any dismissed
cannabis-related offense in addition to the underlying crime; and
(8) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be imposed.
(b) The Cannabis Expungement Board shall make a reasonable and good faith effort to notify any person whose conviction or stay of adjudication qualifies for an order of expungement that the offense qualifies and notice is being sent to the judicial branch. Notice sent pursuant to this paragraph shall inform the person that, following the order of expungement, any records of an arrest, conviction, or incarceration should not appear on any background check or study.
Sec. 106. Minnesota Statutes 2024, section 609A.06, subdivision 12, is amended to read:
Subd. 12. Order
of expungement. (a) Upon receiving
notice that an offense qualifies for expungement, the court shall issue an
order sealing all records relating to an arrest, indictment or information,
trial, verdict, or dismissal and discharge for an offense described in
subdivision 3, and any dismissed cannabis-related offense identified by the
Cannabis Expungement Board as eligible for expungement. In addition, the court shall order the
sealing
of all records, including those pertaining to probation, incarceration, or
supervision, held by the Department of Corrections or local correctional
officials. The courts shall not
order the Department of Health; the Department of Children, Youth, and
Families; or the Department of Human Services to seal records under this
section. If the Cannabis Expungement
Board determined that the person's conviction should be vacated and charges
should be dismissed, the order shall vacate and dismiss the charges.
(b) If the Cannabis Expungement Board determined that there is good cause to restore the person's right to possess firearms and ammunition, the court shall issue an order pursuant to section 609.165, subdivision 1d.
(c) If the Cannabis Expungement Board determined that an expunged record of a conviction or stay of adjudication may not be opened for purposes of a background check required under section 122A.18, subdivision 8, the court shall direct the order specifically to the Professional Educator Licensing and Standards Board.
(d) The court administrator shall send a copy of an expungement order issued under this section to each agency and jurisdiction whose records are affected by the terms of the order and send a letter to the last known address of the person whose offense has been expunged identifying each agency to which the order was sent.
(e) In consultation with the commissioner of human services, the court shall establish a schedule on which it shall provide the commissioner of human services a list identifying the name and court file number or, if no court file number is available, the citation number of each record for a person who received an expungement under this section.
(f) Data on the person whose offense has been expunged in a letter sent under this subdivision are private data on individuals as defined in section 13.02, subdivision 12.
Sec. 107. CANNABIS
SUPPLY CHAIN STREAMLINING; PROPOSAL.
By January 15, 2026, the Office of
Cannabis Management must submit a proposal to the chairs, co-chairs, and
ranking members of the legislative committees and divisions with jurisdiction
over cannabis policy on the streamlining of the cannabis supply chain. The proposal must address adult-use cannabis
and medical cannabis to allow for the cultivation, manufacturing, storage, and
use of equipment in a manner that promotes efficiency, permits co-location, and
authorizes the use of equipment for multiple purposes. The proposal must preserve access to medical
cannabis for rare and childhood diseases.
Sec. 108. REPEALER.
Minnesota Statutes 2024, sections
152.22, subdivision 2; 342.151, subdivision 1; and 342.36, subdivision 5, are
repealed.
Sec. 109. EFFECTIVE
DATE.
This act is effective the day following final enactment."
Delete the title and insert:
"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 medical cannabis provisions; modifying provisions regarding the sale of cannabinoids derived from hemp; modifying the limits of certain cannabinoids in lower-potency hemp edibles; establishing a license and fee for lower-potency hemp edible wholesalers; providing for delivery of lower-potency hemp edibles; regulating certain products intended for export; modifying regulations on the transportation of cannabis and hemp; providing for cannabis testing facility
We request the adoption of this report and repassage of the bill. |
Senate Conferees: D. Scott Dibble and Lindsey Port |
House Conferees: Zack Stephenson, Jessica Hanson, Nolan West and Keith Allen |
Stephenson moved that the report of the
Conference Committee on S. F. No. 2370 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
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 by Conference, and placed upon its repassage.
The question was taken on the repassage
of the bill and the roll was called. There
were 80 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
Hanson, J.
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hortman
Howard
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Mahamoud
Moller
Momanyi-Hiltsley
Mueller
Myers
Niska
Noor
Norris
Pérez-Vega
Perryman
Pinto
Pursell
Rehm
Rehrauer
Reyer
Rymer
Sencer-Mura
Skraba
Smith
Stephenson
Tabke
Vang
Virnig
West
Wolgamott
Xiong
Youakim
Zeleznikar
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bliss
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Gander
Gillman
Hansen, R.
Harder
Heintzeman
Hudson
Jacob
Joy
Knudsen
Koznick
Kresha
Lawrence
Mekeland
Murphy
Nash
Nelson
Novotny
O'Driscoll
Olson
Quam
Rarick
Repinski
Roach
Robbins
Schomacker
Schultz
Schwartz
Sexton
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
Wiener
Witte
Spk. Demuth
The bill was repassed, as amended by
Conference, and its title agreed to.
MOTIONS AND
RESOLUTIONS
Harder moved that the name of Myers be
added as an author on H. F. No. 457. The motion prevailed.
Greenman moved that the name of Berg be
added as an author on H. F. No. 1143. The motion prevailed.
Momanyi-Hiltsley moved that the name of
Pursell be added as an author on H. F. No. 2143. The motion prevailed.
Greenman moved that the name of Reyer be
added as an author on H. F. No. 2688. The motion prevailed.
Baker moved that the name of Wolgamott be
added as an author on H. F. No. 2882. The motion prevailed.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The
following message was received from the Senate:
Madam Speaker:
I hereby announce the Senate refuses to
concur in the House amendments to the following Senate File:
S. F. No. 1740, A bill for
an act relating to education policy; making changes to kindergarten through
grade 12 education; modifying provisions for general education, education
excellence, charter schools, the Read Act, special education, school nutrition
and facilities, and state agencies; requiring a report; amending Minnesota
Statutes 2024, sections 10A.071, subdivision 1; 13.03, subdivision 3; 13.32,
subdivision 5; 120A.22, subdivisions 12, 13, by adding a subdivision; 120A.24,
subdivision 4; 120B.021, subdivisions 2, 3; 120B.024; 120B.119, subdivisions
2a, 10; 120B.12, subdivisions 1, 2, 2a, 3, 4, 4a; 120B.123, subdivisions 1, 5,
7, by adding a subdivision; 120B.124, subdivision 2; 120B.35, subdivision 3;
120B.363, subdivisions 1, 2; 121A.031, subdivisions 2, 4, 6; 121A.041,
subdivisions 2, 3; 121A.22, subdivision 2; 121A.2205; 121A.2207; 121A.224;
121A.23, subdivision 1; 121A.41, subdivision 10; 121A.49; 121A.73; 122A.09,
subdivision 9; 122A.092, subdivisions 2, 5; 122A.181, subdivision 3; 122A.182,
subdivision 3; 122A.183, subdivision 2; 122A.20, subdivision 2; 122A.441;
123B.09, by adding a subdivision; 123B.32, subdivisions 1, 2; 123B.52, by
adding a subdivision; 124D.09, subdivisions 5, 5a, 5b, 9, 10; 124D.094,
subdivision 1; 124D.111, by adding a subdivision; 124D.117, subdivision 2;
124D.119, subdivision 5; 124D.162; 124D.42, subdivision 8; 124D.52, subdivision
2; 124D.792; 124E.02; 124E.03, subdivision 2, by adding a subdivision; 124E.05,
subdivision 2; 124E.06, subdivision 7, by adding a subdivision; 124E.07,
subdivisions 2, 3, 5, 6, 8; 124E.10, subdivision 4; 124E.13, subdivision 3;
124E.16, subdivisions 1, 3, by adding a subdivision; 124E.17; 124E.26,
subdivisions 4, 5, by adding a subdivision; 125A.091, subdivisions 3a, 5;
125A.0942, subdivisions 4, 6; Laws 2024, chapter 115, article 2, section 21,
subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapters
120B; 124D; 125A; repealing Minnesota Statutes 2024, sections 120B.124,
subdivision 6; 123B.935, subdivision 2.
The Senate respectfully requests that a
Conference Committee be appointed thereon.
The Senate has appointed as such committee:
Senators Cwodzinski, Kunesh, Maye Quade,
Gustafson and Coleman.
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
Jordan 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. 1740. The motion prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 1740:
Jordan, Hill, Bennett and Lawrence.
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.
ADJOURNMENT
Niska moved that when the House adjourns
today it adjourn until 1:00 p.m., Sunday, May 18, 2025. The motion prevailed.
Niska moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 1:00 p.m., Sunday, May 18, 2025.
Patrick
Duffy Murphy, Chief
Clerk, House of Representatives