|S.F. No. 345 (SCS0345A-4 Delete Everything Amendment)|
|Author:||Senator Steve Murphy|
|Prepared by:||Kenneth P. Backhus, Senate Counsel (651/296-4396)|
|Date:||April 10, 2007|
This amendment allows for the medical use of marijuana. It provides regulation of the medical use of marijuana by setting limits for allowable amounts of marijuana and requiring qualifying patients and caregivers to possess registry identification cards, which are issued by the commissioner. It also authorizes registered organizations to grow and supply marijuana to patients and caregivers.
Section 1 - Medical use of marijuana data. Amends section 13.3806 by adding subdivision 21. States that data collected on the medical use of marijuana is classified as confidential, according to section 152.25, subdivision 5 (see Section 4).
Section 2 - Definitions. Adds section 152.22. Defines key terms in sections 152.22 to 152.31 (see sections 2 to 10).
Subd. 1. Applicability. States that these definitions apply to terms in sections 152.22 to 152.31.
Subd. 2. Allowable amount of marijuana.
(a) States that the allowable amount of marijuana for a patient is 2.5 ounces of usable marijuana.
(b) States that a primary caregiver may have 2.5 ounces of usable marijuana per patient.
(c) States that a registered organization may have 12 plants, 2.5 ounces of usable marijuana, and any amount of other parts of the plants for each patient.
Subd. 3. Commissioner. Refers to the commissioner of health.
Subd. 4. Debilitating medical condition. Lists the conditions that qualify as debilitating, including: cancer, glaucoma, chronic diseases for which treatments cause certain other conditions, HIV and other commissioner-approved conditions.
Subd. 5. Department. Refers to the Department of Health.
Subd. 6. Medical use. States the activities that are considered medical use, including: possession, delivery and use of marijuana or paraphernalia.
Subd. 7. Practitioner. Refers to a licensed doctor of medicine, doctor of osteopathy, registered nurse, physician assistant or advanced practice registered nurse.
Subd. 8. Primary caregiver. Refers to a person of at least 18 years who assists no more than five patients with their medical use of marijuana.
Subd. 9. Qualifying patient. Refers to a person diagnosed as having a debilitating medical condition.
Subd. 10. Registry identification card. Refers to a document issued by the commissioner that identifies a qualifying patient or caregiver.
Subd. 11. Usable marijuana. Refers to dried leaves and flowers of the marijuana plant.
Subd. 12. Written certification. Refers to a statement signed and dated by a practitioner to certify that the benefits of marijuana use would likely outweigh the health risks for the patient and would likely alleviate the patient's medical condition. Requires that the statement specify the patient's debilitating medical condition and recommend the medical use of marijuana.
Section 3 - Protection for medical use of marijuana. Adds section 152.23. Describes certain legal protections associated with the medical use of marijuana.
Subd. 1. Qualifying patient. Provides legal protection for patients with a registry identification card, who engage in the medical use of marijuana. States that these persons shall not be arrested, prosecuted, or subjected to civil or disciplinary action, so long as they do not possess more than the allowable amount of marijuana.
Subd. 2. Primary caregiver. Provides protection for caregivers with a registry identification card, who assist in the medical use of marijuana. States that these persons shall not be arrested, prosecuted, or subjected to civil or disciplinary action, so long as they do not possess more than the allowable amount of marijuana.
Subd. 3. Dismissal of charges. Requires the dismissal of criminal charges against a qualifying patient or primary caregiver who is arrested for a marijuana charge while not in possession of their registry identification card if the person later produces it.
Subd. 4. Discrimination prohibited. Prohibits schools, employers and landlords from discriminating against persons solely based on their status as qualifying patients or primary caregivers.
Subd. 5. Presumption. Creates a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marijuana if that person has a registry identification card and not more than the allowable amount of marijuana. States that this presumption may be rebutted with evidence that the conduct was not for the purpose of alleviating the patient's medical condition or symptoms associated with the condition.
Subd. 6. Caregiver's reimbursement. States that primary caregivers may be reimbursed for the costs associated with assisting the qualifying patient and gives examples of reimbursable costs. States that this is not the sale of controlled substances.
Subd. 7. Practitioner. Provides legal protection for practitioners for providing written certifications for stating the benefits of medical use of marijuana likely outweigh the health risks to the patient.
Subd. 8. Property rights.
(a) States that interests in and rights to property associated with the medical use of marijuana are not forfeited under the criminal code's forfeiture laws.
(b) States that a law enforcement agency that seizes and does not return usable marijuana from a qualifying patient or primary caregiver is liable for the value of the marijuana. Describes how the value is determined.
Subd. 9. Arrest and prosecution prohibited. States that no person is subject to arrest or prosecution for offenses related to being in the presence of the medical use of marijuana or for assisting a qualifying patient with its use.
Subd. 10. Nursing facilities. Allows nursing facilities to restrict the use of medical marijuana and provides guidelines for these restrictions.
Subd. 11. Maximum amounts of medical marijuana to be received. Provides that qualifying patients may not receive more than 2.5 ounces of usable marijuana in a 15-day period unless the person has a written recommendation from a practitioner relating to this. Provides a similar limit for primary caregivers as well.
Section 4 - Registry identification cards; issuance. Adds section 152.25.
Subd. 1. Requirements; issuance.
(a) States the information that must be provided to the commissioner by the qualifying patient, in order to receive a registry identification card.
(b) Provides situations in which the commissioner may issue a card to a person under the age of 18.
(c) Requires the commissioner to approve or deny an application within 15 days of receiving it. States that approval or denial is a final agency action and is subject to judicial review.
(d) Allows for up to two primary caregivers per qualifying patient of which one may be a registered organization and requires the commissioner to issue registry identification cards to those named on an approved application.
(e) Requires the commissioner to issue a card within five days of approval. States that the cards expire one year after issuance. Lists the information that must be contained on the cards.
Subd. 2. Notification of changes; penalties.
(a) Requires a qualifying patient to notify the commissioner within 10 days of any change to the patient's personal information, primary caregiver or if the patient no longer has the debilitating medical condition.
(b) Provides for a fine of no more than $150 for failing to notify the commissioner of a change. States that a person who no longer has the debilitating medical condition is liable for penalties for the non-medical use of marijuana.
(c) Requires a primary caregiver to notify the commissioner within 10 days of any change in name or address. Provides for a fine of no more than $150 for failing to notify the commissioner of a change.
(d) States that the commissioner shall issue a new card with updated information for a $10 fee.
(e) Requires the commissioner to notify a primary caregiver when a qualifying patient ceases to use the caregiver's assistance. States that the protections for the caregiver expire 10 days after notification.
Subd. 3. Lost cards. Allows for a patient or caregiver that loses a registry identification card to have a new card, with a new number, issued by the commissioner for a $10 fee.
Subd. 4. Card as probable cause. States that possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion to search the person or person's property.
Subd. 5. Data practices. Provides that data in registration applications and supporting data are private data. Requires the commissioner to maintain a list of persons to whom the commissioner has issued registry identification cards. Requires the commissioner, upon request of a law enforcement agency, to verify whether a registry identification card is valid by confirming the registry identification number. Authorizes the commissioner to notify law enforcement of falsified or fraudulent information regarding registration cards.
Subd 6. Delivery; charging for services. Authorizes registered organizations to deliver medical marijuana to qualifying patients within Minnesota. Authorizes registered organizations to charge patients or caregivers for authorized services.
Subd. 7. Report. Requires the commissioner to provide an annual report to the legislature as to the number of applications for registry identification cards, approvals and revocations, the nature of debilitating medical conditions, and the number of practitioners providing written certifications.
Subd. 8. Submission of false records; criminal penalty. Establishes a five-year felony for knowingly submitting false records or documentation required by the commissioner of health for certification of a registered organization.
Subd. 9. Criminal background check for primary caregivers. Requires via cross reference to section 10, subdivision 7 (criminal background checks for persons affiliated with registered organizations), that criminal background checks be performed on primary caregivers.
Section 5 - Construction. Adds section 152.26.
(a) States that this act does not permit persons to undertake certain tasks under the influence of marijuana. States that this act does not permit smoking marijuana in certain places, including: schools, correctional facilities and public places. States that persons may not operate, navigate or be in physical control of motor vehicles, aircrafts, trains or motor boats while under the influence of marijuana.
(b) States that this act does not require medical assistance programs to cover the costs associated with the medical use of marijuana or employers to accommodate such use in the workplace.
Section 6 - Penalties. Adds section 152.27. Makes it a gross misdemeanor, on top of any other penalties, for fraudulent representation to law enforcement relating to medical use of marijuana to avoid arrest or prosecution. Patients or primary caregivers convicted of this crime are disqualified from further participation under the medical marijuana law. Makes it a felony (two year statutory maximum sentence) for patients who sell, transfer, loan or otherwise give another person the patient's registry identification card or marijuana obtained under the medical marijuana law.
Section 7 - Potency of medical marijuana. Adds section 152.28. Provides that the medical marijuana law's protections related to medical marijuana apply only to marijuana with a 7.5 percent or less tetrahydrocannabinol (THC) content.
Section 8 - Consultation. Adds section 152.285. Requires the commissioner of health to consult with the commissioners of public safety and agriculture when implementing this act.
Section 9 - Severability. Adds section 152.30. States that invalidity of a provision in sections 152.22 to 152.31 with regards any person does not affect the application of the other provisions in these sections that can be given full effect with the invalid provision.
Section 10 - Registered organization. Adds section 152.31.
Subd. 1. Definition. Defines a "registered organization" as a nonprofit registered with the commissioner that provides marijuana and related supplies to qualifying patients and caregivers.
Subd. 2. Registration requirements. Requires the commissioner to issue a license to any person who provides certain identification information.
Subd. 3. Expiration. States that licenses and registry identification cards expire one year after issuance.
Subd. 4. Inspection. Subjects registered organizations to inspection by the commissioner. Authorizes the commissioner to conduct reasonable tests to determine the THC content of the marijuana and marijuana plants possessed by the organization.
Subd. 5. Organization requirements.
Subd. 6. Maximum amount of medical marijuana to be dispensed. Prohibits registered organizations from dispensing more than 2.5 ounces of usable marijuana to a qualified patient or caregiver on behalf of a patient during a single 15-day period unless the person has a written recommendation from a practitioner regarding this.
Subd. 7. Background checks; felony drug convictions. Requires background checks for all employees, agents and board members of registered organizations. Describes who will perform the checks. Describes consequences for failed background checks, and for conviction of a drug felony.
Subd. 8. Penalty. Provides for criminal penalties for the registered organization for possessing more than the allowable amount of marijuana and for providing marijuana to persons other than a qualifying patient or the patient's primary caregiver.
Section 11. Medical marijuana account. Adds section 152.32. Provides that all fees, fines, and other money collected under the medical marijuana law by the commissioner of health must be deposited in an account known as the medical marijuana account.
Section 12. Appropriations. Appropriates unspecified sums from the medical marijuana account to the commissioner of health to implement the medical marijuana law.
Section 13. Effective date. Provides a delayed effective date for sections 1 to 12.
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