152.21 THC THERAPEUTIC RESEARCH ACT. Subdivision 1. Findings and purpose. The legislature finds that scientific literature indicates promise for delta-9-tetrahydro-cannabinol (THC), the active component of marijuana, in alleviating certain side effects of cancer chemotherapy under strictly controlled medical circumstances. The legislature also finds that further research and strictly controlled experimentation regarding the therapeutic use of […]
152.22 DEFINITIONS. Subdivision 1. Applicability. For purposes of sections 152.22 to 152.37, the terms defined in this section have the meanings given them. Subd. 2. Commissioner. “Commissioner” means the commissioner of health. Subd. 3. Disqualifying felony offense. “Disqualifying felony offense” means a violation of a state or federal controlled substance law that is a felony […]
152.23 LIMITATIONS. (a) Nothing in sections 152.22 to 152.37 permits any person to engage in and does not prevent the imposition of any civil, criminal, or other penalties for: (1) undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice; (2) possessing or engaging in the use of medical […]
152.24 FEDERALLY APPROVED CLINICAL TRIALS. The commissioner 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 shall provide information to all patients enrolled in the registry program on the […]
152.25 COMMISSIONER DUTIES. Subdivision 1. Medical cannabis manufacturer registration. (a) The commissioner shall register two in-state manufacturers for the production of all medical cannabis within the state. A registration agreement between the commissioner and a manufacturer is nontransferable. The commissioner shall register new manufacturers or reregister the existing manufacturers by December 1 every two years, […]
152.26 RULEMAKING. (a) The commissioner 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 may adopt or amend rules, using the procedure in section 14.386, paragraph (a), to implement […]
152.261 RULES; ADVERSE INCIDENTS. (a) The commissioner of health 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, […]
152.27 PATIENT REGISTRY PROGRAM ESTABLISHED. Subdivision 1. Patient registry program; establishment. (a) The commissioner shall establish a patient registry program to evaluate data on patient demographics, effective treatment options, clinical outcomes, and quality-of-life outcomes for the purpose of reporting on the benefits, risks, and outcomes regarding patients with a qualifying medical condition engaged in the […]
152.28 HEALTH CARE PRACTITIONER DUTIES. 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 […]
152.29 MANUFACTURER OF MEDICAL CANNABIS DUTIES. Subdivision 1. Manufacturer; requirements. (a) A manufacturer may operate eight distribution facilities, which may include the manufacturer’s single location for cultivation, harvesting, manufacturing, packaging, and processing but is not required to include that location. The commissioner shall designate the geographical service areas to be served by each manufacturer based […]
152.30 PATIENT DUTIES. (a) A patient shall apply to the commissioner for enrollment in the registry program by submitting an application as required in section 152.27 and an annual registration fee as determined under section 152.35. (b) As a condition of continued enrollment, patients shall agree to: (1) continue to receive regularly scheduled treatment for […]
152.31 DATA PRACTICES. (a) Government data in patient files maintained by the commissioner and the health care practitioner, and data submitted to or by a medical cannabis manufacturer, are private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9, but may be used for […]
152.32 PROTECTIONS FOR REGISTRY PROGRAM PARTICIPATION. Subdivision 1. Presumption. (a) There is a presumption that a patient enrolled in the registry program under sections 152.22 to 152.37 is engaged in the authorized use of medical cannabis. (b) The presumption may be rebutted by evidence that conduct related to use of medical cannabis was not for […]
152.33 VIOLATIONS. Subdivision 1. Intentional diversion; criminal penalty. In addition to any other applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally transfers medical cannabis to a person other than another registered manufacturer, a patient, a registered designated caregiver or, if listed on the registry verification, a parent, legal guardian, […]
152.34 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, facilities owned, controlled, managed, or under common control with hospitals licensed under chapter 144, and other health facilities licensed by the commissioner of […]
152.35 FEES; DEPOSIT OF REVENUE. (a) The commissioner shall collect an enrollment fee of $200 from patients enrolled under this section. If the patient provides evidence of receiving Social Security disability insurance (SSDI), Supplemental Security Income (SSI), veterans disability, or railroad disability payments, or being enrolled in medical assistance or MinnesotaCare, then the fee shall […]
152.36 IMPACT ASSESSMENT OF MEDICAL CANNABIS THERAPEUTIC RESEARCH. Subdivision 1. Task force on medical cannabis therapeutic research. (a) A 23-member task force on medical cannabis therapeutic research is created to conduct an impact assessment of medical cannabis therapeutic research. The task force shall consist of the following members: (1) two members of the house of […]
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, and shall keep all records updated and accessible to the commissioner when requested. Subd. 2. Certified annual audit. A medical cannabis manufacturer shall submit the results of an […]
