SF 1641 allows for the medical use of cannabis.  It provides regulation of the medical use of cannabis by setting limits for allowable amounts of cannabis and requiring qualifying patients and caregivers to possess registry identification cards, that are issued by the Commissioner of Health.  It also registers medical cannabis organizations.

Section 1 (13.3806, subd. 22) states that data collected on the medical use of cannabis is classified as confidential, according to section 152.33, subdivision 5.

Section 2 (152.22) Defines key terms.

Subdivision 1. Applicability. States that these definitions apply to terms in sections 152.22 to 152.31.

Subdivision 2.  Allowable amount of cannabis.  Paragraph (a) states that the allowable amount of cannabis for a qualifying patient is 2.5 ounces of usable cannabis, and for a designated caregiver the allowable amount is 2.5 ounces of usable cannabis.

Paragraph (b) specifies that cannabis that is incidental to medical  use may not be counted toward a qualifying patient’s or designated caregiver’s allowable amount.

Subdivision 3.  Alternative treatment center.  Refers to entities registered under section 152.25.

Subdivision 4. Cannabis.  Refers to all parts of the plant of any species of the genus cannabis.

Subdivision 5.  Cardholder.  Refers to a qualifying patient or designated caregiver who has a valid registry identification card.

Subdivision 6. Commissioner.  Refers to the Commissioner of Health.

Subdivision 7. 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.

Subdivision 8. Designated caregiver.  Refers to a person who is at least 21 years of age who has agreed to assist no more than five qualifying patients with the medical  use of cannabis.

Subdivision 9. Enclosed, locked facility.  Refers to a closet, room, building, or other enclosed area equipped with locks or area equipped with locks or secure devices that permit access only by a cardholder.

Subdivision 10. Medical cannabis organization.  Refers to an alternative treatment center or a safety compliance facility.

Subdivision 11. Medical use of cannabis.  States the activities that are considered medical use, including: acquisition, possession, use, cultivation, manufacture, delivery, transfer, or transportation of cannabis or paraphernalia.

Subdivision 12. Practitioner.  Refers to a licensed doctor of medicine, doctor of osteopathy, registered nurse, physician assistant or an advanced practice registered nurse.

Subdivision 13. Qualifying patient.  Refers to a person diagnosed by a practitioner as having a debilitating medical condition.

Subdivision 14. Registration certificate.  Refers to a document issued by the commissioner that identifies an entity as an alternative treatment center or a safety compliance facility.

Subdivision 15. Registry identification card.  Refers to a document issued by the commissioner that identifies a person as a registered qualifying patient or designated caregiver.

Subdivision 16. Safety compliance facility.  Refers to an entity registered under section 152.25.

Subdivision 17. Usable cannabis.  Refers to dried leaves and flowers of the cannabis plant.

Subdivision 18. Visiting qualifying patient.  Refers to a person diagnosed with a debilitating medical condition who possesses a registry card in another state who is not a resident of Minnesota.

Subdivision 19. Written certification.  Refers to a statement signed and dated by a practitioner to certify that the benefits of cannabis use would likely outweigh the health risks for the patient, and would likely alleviate the patient's medical condition.  Requires the certification to be reviewed annually by the practitioner, and must be made after a physical examination of the patient has been made by the practitioner.  Requires that the certification specify the patient's debilitating medical condition and recommend the medical use of cannabis.

Section 3  (152.23) Paragraph (a) specifies that any civil, criminal, or other penalties may still be imposed for (1) undertaking any task under the influence of cannabis that would constitute negligence or professional malpractice; (2) possessing or engaging in the use of cannabis on a school bus; on the grounds of a school; or in any correctional facility; and  (3) operating, navigating, or being in physical control of any motor vehicle, aircraft, train, or motorboat or working on transportation property, equipment, or facilities while under the influence of cannabis.

Paragraph (b) specifies that medical assistance or MinnesotaCare programs are not required to reimburse an enrollee or provider for costs associated with the medical use of cannabis.

Section 4 (152.24) requires the commissioner to adopt rules for the implementation of these sections.

Section 5 (152.25) establishes the registration and certification of medical cannabis organizations.

Subdivision 1 requires the commissioner to register a medical cannabis organization no later than 90 days after receiving an application and issue a registration certificate and a random 20 digit identification number if the specified conditions are met.

Subdivision 2 specifies that if a county is greater than 5,000 square miles it must have at least two alternative treatment centers, regardless of population.  Authorizes the commissioner to register additional alternative treatment centers.

Subdivision 3 specifies that if there are competing applications for alternative treatment centers within a single county, the commissioner must use an impartial and numbrically scored competitive bidding process to determine which application or applications will be approved.  Authorizes the commissioner to conduct background checks of the principal officers and board members of the prospective alternative treatment centers.

Subdivision 4 specifies that registration certifications expire one year after the date of issue.

Subdivision 5 requires the commissioner to issue a renewal registration certificate within ten days of receipt of the renewal application and renewal fee from the medical cannabis organization if the registration is not under suspension or has not been revoked.

Section 6 (152.26) establishes registry identification cards.

Subdivision 1 states the information that must be provided to the commissioner by the qualifying patient, in order to receive a registry identification card.

Subdivision 2 Paragraph (a) requires the commissioner to verify the information contained in the application or renewal and approve or deny the application or renewal within ten days of receiving a completed application or renewal, and issue a registry identification card to a qualifying patient and the patient’s designated caregiver.  Requires each designated caregiver to have a registry identification card for each of the caregiver’s qualifying patients.

Paragraph (b) specifies that the commissioner may not issue a registry identification card to a person who is under the age of 18, unless certain conditions are met.

Subdivision 3 specifies the information that the registry identification card must contain.

Subdivision 4 Paragraph (a) specifies that the commissioner may deny the application or renewal of a qualifying patient’s registry identification card only if the applicant does not meet the requirements of a qualifying patient; does not provide the information required; has had a previous registry identification card revoked; or provides false information.

Paragraph (b) specifies that the commissioner may deny the application or renewal of a designated caregiver’s registry card only if the applicant does not meet the requirements of a designated caregiver; does not provide the information required; has had a previous registry identification card revoked; or providing false information.

Paragraph (c) requires the commissioner to give the qualifying patient written notice of the reason for denying a registry identification card to a qualifying patient or to the qualifying patient’s designated caretaker.

Paragraph (d) specifies that a denial of an application or renewal is considered a final decision of the commissioner and subject to judicial review.

Subdivision 5 states that all registry identification cards expire one year after the date of issue.

Subdivision 6 specifies that if a registration identification card is lost, the cardholder must promptly notify the commissioner, and upon payment of $25 fee, the commissioner shall issue a new card within five days of notification with a new random identification number.

Section 7 (152.27) requires a qualifying patient to notify the commissioner within ten days of any change to the patient's personal information, primary caregiver, or if the patient no longer has the debilitating medical condition.  Requires the commissioner to issue a new card if the cardholder remains eligible within ten days of receiving the updated information and a $10 fee.  If the qualifying patient no longer has a debilitating medical condition, the card shall be void upon notification to the qualifying patient and the patient has 15 days to dispose of any cannabis.  Requires the commissioner to notify the registered designated caregiver if the qualifying patient ceases to be a registered qualifying patient.  Requires the medical cannabis organization to notify the commissioner within one business day of any theft or significant loss of cannabis.

Section 8 (152.28) specifies the requirements for medical cannabis organizations.  Specifies that the operating documents of a medical cannabis organization to include procedures of the oversight of the organization and procedures to ensure accurate recordkeeping and implement appropriate security measures to deter and prevent the theft of cannabis and unauthorized entrances.  Specifies that all cultivation, harvesting, manufacturing and packing of cannabis must take place in an enclosed locked facility at the registration address provided to the commissioner.  Specifies that the organization may not share office space with or refer patients to a practitioner.  Specifies that no person may consume cannabis on the property of a medical organization.  Specifies that the organization is subject to reasonable inspection by the commissioner.  Specifies that the organization may not allow a person under the age of 21 be an agent of the organization.  Requires that a registered alternative treatment center agent make a diligent effort to verify that the registry identification card is valid and that the person presenting the card is the person identified on the registry card.

Section 9 (152.29) permits a city to enact zoning rules that limit the use of land for alternative treatment cents or safety compliance facilities to specified areas.

Section 10 (152.30) permits nursing facilities or boarding care homes to adopt reasonable restrictions on the medical use of cannabis by persons who are receiving services at the facilities.

Section 11 (152.31) requires the commissioner to establish a secure telephone or web-based verification system.  The system must allow law enforcement personnel and registered medical cannabis organizations to enter a identification number and determine whether the number corresponds to a valid identification card.

Section 12 (152.32) requires the commissioner to report to the legislature annually on the number of applications for registry identification cards, the number of qualifying patients and designated caregivers approved, the nature of the debilitating medical conditions of the qualifying patients, the number of registry identification cards revoked, and the number of practitioners providing written certification for qualifying patients.

Section 13 (152.33) established confidentiality.

Paragraph (a) classifies data in registration applications and supporting data submitted by qualifying patients, designated caregivers, and medical cannabis organizations as private data on individuals or nonpublic data.

Paragraph (b) specifies the purposes for which the commissioner may disclose the data.

Paragraph (c) specifies the purposes for which the commissioner may disclose the data.

Paragraph (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.

Paragraph (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.

Section 14 (152.34) establishes protections for medical use of cannabis.

Subdivision 1 establishes a presumption that a qualifying patient or caregiver is engaged in the authorized medical use of cannabis if the patient or caregiver is in possession of an identification card and is in possession of an amount of cannabis that does not exceed the allowable amount.  Permits the presumptions to be rebutted with evidence that conduct related to the medical use of cannabis was not for the purpose of treating or alleviating the patient’s medical condition or symptoms.

Subdivision 2 specifies that a registered qualifying patient or caregiver who possesses a valid identification card is not subject to arrest, prosecution, or penalty when certain conditions are met.

Subdivision 3 specifies that a visiting qualifying patient may not be subject to arrest, prosecution, or penalty if the patient does not possess more than 2.5 ounces of usable cannabis.

Subdivision 4 specifies that if a qualifying patient or caregiver who is not in possession of their identification card is arrested for possession of an amount that does not exceed the allowable amount of usable cannabis must be released and charges dismissed upon production of a valid identification card issued in the person’s name.

Subdivision 5 specifies that a practitioner may not be be subject to arrest, prosecution, or penalty or disciplinary action by the appropriate board based solely on providing a written certification to a patient.

Subdivision 6 specifies that an attorney may not be subject to disciplinary action by the state bar association for providing legal assistance to alternative treatment centers or safety compliance facilities or others related to activities that are no longer subject to criminal penalties.

Subdivision 7 specifies when arrest and prosecution is prohibited.

Subdivision 8 states that an alternative treatment center is not subject to prosecution, search, or inspection under certain circumstances.

Subdivision 9 states that a safety compliance facility is not subject to prosecution, search, or inspection under certain circumstances.

Subdivision 10 specifies property rights.

Subdivision 11 specifies when discrimination is prohibited.

Subdivision 12 specifies that possession of or application for a registry identification card does not constitute probable cause or reasonable suspicion is not support of a search of the person’s property.

Section 15 (152.35) permits a patient and a caregiver to assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis and describes the circumstances under which the defense shall be presumed valid.

Section 16 (152.36) specifies when the card or certification can be suspended or revoked by the commissioner.

Section 17 (152.37) establishes civil and criminal penalties for the unauthorized use of cannabis, failure to provide required notice, intentional diversion, diversion by the cardholder, transfer of registry identification card, false statements, submission of false records, violations by a practitioner, breach of confidentiality, and other violations.

Section 18 (152.38) requires the commissioner to begin issuing registry identification cards and registration certificates by July 1, 2015.

Section 19 (152.39) establishes fees.  Requires that the fees are deposited into the state government special revenue fund and that the fee amounts generate enough revenue to cover the cost of implementation.  Permits the commissioner to establish a sliding scale of patient application and renewal fees upon the patient’s household income.  Authorizes the commissioner to accept private donations to reduce application and renewal fees.

Section 20 (152.40) requires the commissioner to establish an advisory council to make recommendations to the commissioner and the legislature on implementing these sections.

Section 21 (256B.0625, subd.13d) clarifies that cannabis is not included in  the medical assistance program drug formulary.

Section 22 appropriates money to the Commissioner of Health to implement these sections.

Section 23 states that these sections are effective July 1, 2014.

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