1.1 	A bill for an act
1.2 	relating to health; providing for the medical use of marijuana; providing civil and 
1.3 	criminal penalties; appropriating money;amending Minnesota Statutes 2006, 
1.4 	section 13.3806, by adding a subdivision; proposing coding for new law in 
1.5 	Minnesota Statutes, chapter 152.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 13.3806, is amended by adding a 
1.8 	subdivision to read:
1.9 		Subd. 21.Medical use of marijuana data. Data collected by the commissioner of 
1.10 	health relating to registrations for the medical use of marijuana are classified in section 
1.11 	152.25, subdivision 5.

1.12 	Sec. 2. [152.22] DEFINITIONS.
1.13 		Subdivision 1.Applicability. For purposes of sections 152.22 to 152.31, the terms 
1.14 	defined in this section have the meanings given them.
1.15 		Subd. 2.Allowable amount of marijuana. (a) With respect to a qualifying patient, 
1.16 	the "allowable amount of marijuana" means 2.5 ounces of usable marijuana.
1.17 	(b) With respect to a primary caregiver, the "allowable amount of marijuana" for 
1.18 	each patient means 2.5 ounces of usable marijuana.
1.19 	(c) With respect to a registered organization, the "allowable amount of marijuana" 
1.20 	for each patient means:
1.21 	(1) 12 marijuana plants;
1.22 	(2) 2.5 ounces of usable marijuana; and
1.23 	(3) any amount of other parts of the marijuana plant.
1.24 		Subd. 3.Commissioner. "Commissioner" means the commissioner of health.
2.1 		Subd. 4.Debilitating medical condition. "Debilitating medical condition" means: 
2.2 	(1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, Tourette's 
2.3 	Syndrome, or the treatment of these conditions;
2.4 	(2) a chronic or debilitating disease or medical condition or its treatment that 
2.5 	produces one or more of the following: cachexia or wasting syndrome; intractable pain, 
2.6 	which is pain that has not responded to ordinary medical or surgical measures for more 
2.7 	than six months; severe nausea; seizures, including, but not limited to, those characteristic 
2.8 	of epilepsy; severe and persistent muscle spasms, including, but not limited to, those 
2.9 	characteristic of multiple sclerosis and Crohn's disease; or agitation of Alzheimer's disease; 
2.10 	(3) the condition of an HIV-positive patient when the patient's condition has 
2.11 	worsened and the patient's physician believes the patient could benefit from consumption 
2.12 	of marijuana; or
2.13 	(4) any other medical condition or its treatment approved by the commissioner.
2.14 		Subd. 5.Department. "Department" means the Minnesota Department of Health.
2.15 		Subd. 6.Medical use of marijuana. "Medical use of marijuana" means 
2.16 	the acquisition, possession, use, delivery, transfer, or transportation of marijuana or 
2.17 	paraphernalia, as defined in section 152.01, subdivision 18, relating to the consumption of 
2.18 	marijuana to alleviate a registered qualifying patient's debilitating medical condition or 
2.19 	symptoms associated with the medical condition.
2.20 		Subd. 7.Practitioner. "Practitioner" means a Minnesota licensed doctor of 
2.21 	medicine, a Minnesota licensed doctor of osteopathy licensed to practice medicine, a 
2.22 	Minnesota licensed physician assistant acting within the scope of authorized practice, or 
2.23 	a Minnesota licensed advanced practice registered nurse.
2.24 		Subd. 8.Primary caregiver. "Primary caregiver" means a person who is at least 
2.25 	18 years old and who has agreed to assist with a qualifying patient's medical use of 
2.26 	marijuana. A primary caregiver may assist no more than five qualifying patients with 
2.27 	their medical use of marijuana.
2.28 		Subd. 9.Qualifying patient. "Qualifying patient" means a person who has been 
2.29 	diagnosed by a practitioner as having a debilitating medical condition.
2.30 		Subd. 10.Registry identification card. "Registry identification card" means a 
2.31 	document issued by the commissioner that identifies a person as a qualifying patient or 
2.32 	primary caregiver.
2.33 		Subd. 11.Usable marijuana. "Usable marijuana" means the dried leaves and 
2.34 	flowers of the marijuana plant, and any mixture or preparation of it, but does not include 
2.35 	the seeds, stalks, and roots of the plant.
3.1 		Subd. 12.Written certification. "Written certification" means a statement signed 
3.2 	and dated by a practitioner, stating that in the practitioner's professional opinion the 
3.3 	potential benefits of the medical use of marijuana would likely outweigh the health 
3.4 	risks for the qualifying patient and would likely alleviate the qualifying patient's 
3.5 	debilitating medical condition or symptoms associated with the medical condition. A 
3.6 	written certification shall only be made in the course of a bona fide practitioner-patient 
3.7 	relationship after the practitioner has completed a full assessment of the qualifying 
3.8 	patient's medical history and must be reviewed by the practitioner every three months. The 
3.9 	written certification shall specify the qualifying patient's debilitating medical condition 
3.10 	or conditions and recommend the medical use of marijuana to alleviate the condition or 
3.11 	symptoms associated with the condition. 

3.12 	Sec. 3. [152.23] PROTECTIONS FOR MEDICAL USE OF MARIJUANA.
3.13 		Subdivision 1.Qualifying patient. A qualifying patient who possesses a registry 
3.14 	identification card shall not be subject to arrest, prosecution, or penalty in any manner, or 
3.15 	denied any right or privilege, including, but not limited to, civil penalty or disciplinary 
3.16 	action by a business or occupational or professional licensing board or entity, for the 
3.17 	medical use of marijuana, provided that the qualifying patient possesses an amount of 
3.18 	marijuana that does not exceed the allowable amount.
3.19 		Subd. 2.Primary caregiver. A primary caregiver who possesses a registry 
3.20 	identification card shall not be subject to arrest, prosecution, or penalty in any manner, or 
3.21 	denied any right or privilege, including, but not limited to, civil penalty or disciplinary 
3.22 	action by a business or occupational or professional licensing board or entity, for 
3.23 	assisting a qualifying patient to whom the primary caregiver is connected through the 
3.24 	commissioner's registration process with the medical use of marijuana, provided that the 
3.25 	primary caregiver possesses an amount of marijuana that does not exceed the allowable 
3.26 	amount of marijuana for each qualifying patient to whom the primary caregiver is 
3.27 	connected through the registration process.
3.28 		Subd. 3.Dismissal of charges. If a qualifying patient or a primary caregiver who is 
3.29 	not in possession of a registry identification card is arrested for possession of an amount of 
3.30 	marijuana that does not exceed the allowable amount or is charged with this, the patient or 
3.31 	caregiver shall be released from custody and the charges dismissed upon production of a 
3.32 	valid registry identification card issued in the person's name.
3.33 		Subd. 4.Discrimination prohibited. No school, employer, or landlord may refuse 
3.34 	to enroll, employ, lease to, or otherwise penalize a person solely for the person's status as a 
3.35 	registered qualifying patient or a registered primary caregiver.
4.1 		Subd. 5.Presumption. (a) There is a presumption that a qualifying patient or 
4.2 	primary caregiver is engaged in the medical use of marijuana if the qualifying patient or 
4.3 	primary caregiver:
4.4 	(1) is in possession of a registry identification card; and 
4.5 	(2) is in possession of an amount of marijuana that does not exceed the amount 
4.6 	permitted under sections 152.22 to 152.31.
4.7 	(b) The presumption may be rebutted by evidence that conduct related to marijuana 
4.8 	was not for the purpose of alleviating the qualifying patient's debilitating medical 
4.9 	condition or symptoms associated with the medical condition.
4.10 		Subd. 6.Caregiver's reimbursement. A primary caregiver who is not a registered 
4.11 	organization may receive reimbursement from a registered qualifying patient for costs 
4.12 	associated with assisting with that patient's medical use of marijuana. To be reimbursable 
4.13 	under this subdivision, a cost must have been actually incurred by the caregiver. 
4.14 	Examples of reimbursable costs include mileage, travel expenses, and the price paid to 
4.15 	a registered organization for marijuana. A primary caregiver may not be paid any extra 
4.16 	fee or compensation for serving as a caregiver. Reimbursement does not constitute sale 
4.17 	of controlled substances.
4.18 		Subd. 7.Practitioner. A practitioner shall not be subject to arrest, prosecution, or 
4.19 	penalty in any manner or denied any right or privilege, including, but not limited to, civil 
4.20 	penalty or disciplinary action by the Board of Medical Practice or by another business, 
4.21 	occupational, or professional licensing board or entity, solely for providing written 
4.22 	certifications or otherwise stating that, in the practitioner's professional opinion, the 
4.23 	potential benefits of the medical use of marijuana would likely outweigh the health risks 
4.24 	for a patient, provided that nothing shall prevent a practitioner from being sanctioned for 
4.25 	failure to properly evaluate a patient's medical condition or otherwise violate the standard 
4.26 	of care for evaluating medical conditions.
4.27 		Subd. 8.Property rights.  Any interest in or right to property that is lawfully 
4.28 	possessed, owned, or used in connection with the medical use of marijuana as authorized 
4.29 	in sections 152.22 to 152.31, or acts incidental to such use, is not forfeited under sections 
4.30 	609.531 to 609.5318. 
4.31 		Subd. 9.Arrest and prosecution prohibited. No person is subject to arrest or 
4.32 	prosecution for any offense related to the possession of marijuana, including constructive 
4.33 	possession, conspiracy, aiding and abetting, or being an accessory, solely for being in the 
4.34 	presence or vicinity of the medical use of marijuana as permitted under sections 152.22 to 
4.35 	152.31 or, if the person is a primary caregiver acting in compliance with sections 152.22 to 
4.36 	152.31, for assisting a registered qualifying patient with using or administering marijuana.
5.1 		Subd. 10.Nursing facilities. Nursing facilities licensed under chapter 144A or 
5.2 	boarding care homes licensed under section 144.50 may adopt reasonable restrictions on 
5.3 	the use of  medical marijuana by their residents. Such restrictions may include a provision 
5.4 	that the facility will not store or maintain the patient's supply of medical marijuana, that 
5.5 	caregivers or the hospice agencies serving their residents are not responsible for providing 
5.6 	the marijuana for qualifying patients, that marijuana be consumed in a method other than 
5.7 	smoking, and that medical marijuana be consumed only in a place specified by the facility. 
5.8 	Nothing contained herein, however, shall require such facilities to adopt such restrictions 
5.9 	and no facility shall unreasonably limit a qualifying patient's access to or use of marijuana.
5.10 		Subd. 11.Maximum amounts of medical marijuana to be received. A qualifying 
5.11 	patient may not receive more than 2.5 ounces of usable marijuana in any 15-day period 
5.12 	unless the patient has a written recommendation from a practitioner made in the course 
5.13 	of a bona fide practitioner-patient relationship after a full examination of the patient 
5.14 	stating that the 15-day limitation should not apply to the patient and the reasons for 
5.15 	this. A primary caregiver may not receive more than 2.5 ounces of usable marijuana 
5.16 	for a single-qualifying patient in any 15-day period unless the caregiver has a written 
5.17 	recommendation from a practitioner made in the course of a bona fide practitioner-patient 
5.18 	relationship after a full examination of the patient stating that the 15-day limitation should 
5.19 	not apply to the patient and the reasons for this.

5.20 	Sec. 4. [152.25] REGISTRY IDENTIFICATION CARDS; ISSUANCE.
5.21 		Subdivision 1.Requirements; issuance. (a) The commissioner shall issue registry 
5.22 	identification cards to qualifying patients who submit: 
5.23 	(1) a written certification issued within the 90 days immediately preceding the 
5.24 	date of application; 
5.25 	(2) the application or renewal fee of $100; 
5.26 	(3) the name, address, and date of birth of the qualifying patient, except that if the 
5.27 	applicant is homeless, no address is required; 
5.28 	(4) the name, address, and telephone number of the qualifying patient's practitioner; 
5.29 	and 
5.30 	(5) the name, address, and date of birth of each primary caregiver of the qualifying 
5.31 	patient. A qualifying patient may name a maximum of two primary caregivers, one of 
5.32 	whom must be a registered organization. For the registered organization designated, the 
5.33 	name and address of the registered organization must be submitted. 
5.34 	(b) The commissioner shall not issue a registry identification card to a qualifying 
5.35 	patient under the age of 18 unless: 
6.1 	(1) the qualifying patient's practitioner has explained the potential risks and benefits 
6.2 	of the medical use of marijuana to the qualifying patient and to a parent, guardian, or 
6.3 	person having legal custody of the qualifying patient; and 
6.4 	(2) a parent, guardian, or person having legal custody consents in writing to:
6.5 	(i) allow the qualifying patient's medical use of marijuana;
6.6 	(ii) serve as one of the qualifying patient's primary caregivers; and 
6.7 	(iii) control the acquisition of marijuana, the dosage, and the frequency of the 
6.8 	medical use of marijuana by the qualifying patient.
6.9 	(c) The commissioner shall verify the information contained in an application or 
6.10 	renewal submitted under this section and shall approve or deny an application or renewal 
6.11 	within 15 days of receiving it. The commissioner may deny an application or renewal 
6.12 	only if the applicant did not provide the information required under this section or if the 
6.13 	commissioner determines that the information provided was falsified. Rejection of an 
6.14 	application or renewal is a final agency action, subject to judicial review. Jurisdiction and 
6.15 	venue for judicial review are vested in the district court.
6.16 	(d) The commissioner shall issue a registry identification card to each primary 
6.17 	caregiver, if any, who is named in a qualifying patient's approved application. If the 
6.18 	primary caregiver named by the qualifying patient is a registered organization, a registry 
6.19 	identification card shall be provided under section 152.31, subdivision 2. 
6.20 	(e) The commissioner shall issue a registry identification card under paragraphs (a) 
6.21 	and (d) within five days of approving an application or renewal. The card expires one year 
6.22 	after the date of issuance. A registry identification card shall contain: 
6.23 	(1) a photograph of the cardholder;
6.24 	(2) the name, address, and date of birth of the qualifying patient; 
6.25 	(3) the name, address, and date of birth of each primary caregiver of the qualifying 
6.26 	patient, if the primary caregiver is not a registered organization;
6.27 	(4) the date of issuance and expiration date of the registry identification card; and 
6.28 	(5) a random registry identification number.
6.29 		Subd. 2.Notification of changes; penalties. (a) A qualifying patient who has been 
6.30 	issued a registry identification card shall notify the commissioner within ten days of any 
6.31 	change in the qualifying patient's name, address, or primary caregiver or if the qualifying 
6.32 	patient ceases to have a debilitating medical condition.
6.33 	(b) Failure to notify the commissioner of a change as required under paragraph (a) is 
6.34 	a civil violation, punishable by a fine of no more than $150.  If the person has ceased to 
6.35 	have a debilitating medical condition, the card is null and void and the person is liable for 
6.36 	any other penalties that may apply to the person's nonmedical use of marijuana.
7.1 	(c) A registered primary caregiver shall notify the commissioner within ten days of 
7.2 	any change in the caregiver's name or address. Failure to notify the commissioner of the 
7.3 	change is a civil violation, punishable by a fine of no more than $150.
7.4 	(d) When a qualifying patient or primary caregiver notifies the commissioner of any 
7.5 	changes under this subdivision, the commissioner shall issue the qualifying patient and 
7.6 	each primary caregiver a new registry identification card within ten days of receiving the 
7.7 	updated information and a $10 fee.
7.8 	(e) When a registered qualifying patient ceases to use the assistance of a registered 
7.9 	primary caregiver, the commissioner shall notify the primary caregiver within ten days. 
7.10 	The primary caregiver's protections as provided under section 152.23 expire ten days after 
7.11 	notification by the commissioner.
7.12 		Subd. 3.Lost cards. If a registered qualifying patient or a registered primary 
7.13 	caregiver loses a registry identification card, the patient or caregiver shall notify the 
7.14 	commissioner and submit a $10 fee within ten days of losing the card.  Within five days of 
7.15 	receiving notification and the required fee, the commissioner shall issue a new registry 
7.16 	identification card with a new random identification number.
7.17 		Subd. 4.Card as probable cause. Possession of, or application for, a registry 
7.18 	identification card does not constitute probable cause or reasonable suspicion, nor shall it 
7.19 	be used to support a search of the person or property of the person possessing or applying 
7.20 	for the registry identification card, or otherwise subject the person or property of the 
7.21 	person to inspection by any governmental agency.
7.22 		Subd. 5.Data practices. (a) Data in registration applications and supporting data 
7.23 	submitted by qualifying patients, including data on primary caregivers and practitioners, 
7.24 	are private data on individuals or nonpublic data as defined in section 13.02.
7.25 	(b) The commissioner shall maintain a list of persons to whom the commissioner 
7.26 	has issued registry identification cards. Data in the list are private data on individuals or 
7.27 	nonpublic data except that:
7.28 	(1) upon request of a law enforcement agency, the commissioner shall verify whether 
7.29 	a registry identification card is valid solely by confirming the registry identification 
7.30 	number; and
7.31 	(2) the commissioner may notify law enforcement of falsified or fraudulent 
7.32 	information submitted for purposes of obtaining or renewing a registration card.
7.33 		Subd. 6.Delivery; charging for services. (a) A registered organization may deliver 
7.34 	up to 2.5 ounces of usable marijuana to a qualifying patient within the state to be used in 
7.35 	accordance with sections 152.22 to 152.31.
8.1 	(b) A registered organization may charge a qualifying patient or a primary caregiver 
8.2 	for authorized services rendered under sections 152.22 to 152.31. Payment under this 
8.3 	paragraph does not constitute sale of controlled substances.
8.4 		Subd. 7.Report.  The commissioner shall report annually to the legislature on the 
8.5 	number of applications for registry identification cards, the number of qualifying patients 
8.6 	and primary caregivers approved, the nature of the debilitating medical conditions of the 
8.7 	qualifying patients, the number of registry identification cards revoked, and the number of 
8.8 	practitioners providing written certification for qualifying patients.  The commissioner 
8.9 	must not include identifying information on qualifying patients, primary caregivers, or 
8.10 	practitioners in the report.
8.11 		Subd. 8.Submission of false records; criminal penalty. A person who knowingly 
8.12 	submits false records or documentation required by the commissioner of health to certify 
8.13 	an organization under sections 152.22 to 152.31 is guilty of a felony and may be sentenced 
8.14 	to imprisonment for not more than five years or to payment of a fine of not more than 
8.15 	$10,000, or both.
8.16 		Subd. 9.Criminal background check for primary caregivers. Before issuing a 
8.17 	registry identification card to a primary caregiver under this section, the commissioner 
8.18 	shall request a criminal history background check from the superintendent of the Bureau 
8.19 	of Criminal Apprehension on the caregiver. The provisions of section 152.31, subdivision 
8.20 	7, apply to the background check. A person may not serve as a primary caregiver 
8.21 	and a registry identification card may not be issued to the person if the person has 
8.22 	been convicted of a drug felony as defined in section 152.31, subdivision 7, paragraph 
8.23 	(a). Notwithstanding this provision, if the commissioner determines that the person's 
8.24 	conviction was for the medical use of marijuana or assisting with the medical use of 
8.25 	marijuana, the commissioner may issue the person a registry identification card and allow 
8.26 	the person to serve as a primary caregiver.

8.27 	Sec. 5. [152.26] CONSTRUCTION.
8.28 	(a) Sections 152.22 to 152.31 do not permit:
8.29 	(1) a person to undertake a task under the influence of marijuana, when doing 
8.30 	so would constitute negligence, professional malpractice, or failure to practice with 
8.31 	reasonable skill and safety;
8.32 	(2) smoking of marijuana:
8.33 	(i) in a school bus or other form of public transportation;
8.34 	(ii) on school grounds;
8.35 	(iii) in a correctional facility;
9.1 	(iv) in any public place;
9.2 	(v) where the smoke may be inhaled by a minor; or
9.3 	(3) a person to operate, navigate, or be in actual physical control of any motor 
9.4 	vehicle, aircraft, train, or motorboat while under the influence of marijuana. However, a 
9.5 	registered qualifying patient shall not be considered to be under the influence solely for 
9.6 	having marijuana metabolites in the patient's system; or
9.7 	(4) possession of marijuana on school grounds.
9.8 	As used in clause (2), item (iv), public place does not include a motor vehicle parked in a 
9.9 	public place if all the windows are closed.
9.10 	(b) Nothing in sections 152.22 to 152.31 shall be construed to require:
9.11 	(1) a government medical assistance program or private health insurer to reimburse a 
9.12 	person for costs associated with the medical use of marijuana; or 
9.13 	(2) an employer to accommodate the medical use of marijuana in any workplace.

9.14 	Sec. 6. [152.27] PENALTIES.
9.15 	(a) Fraudulent representation to a law enforcement official of any fact or 
9.16 	circumstance relating to the medical use of marijuana is a gross misdemeanor, which shall 
9.17 	be in addition to any other penalties that may apply  for the nonmedical use of marijuana. 
9.18 	If a person convicted of violating this section is a qualifying patient or a primary caregiver, 
9.19 	the person is disqualified from further participation under sections 152.22 to 152.31 and 
9.20 	the person's registry card is void.
9.21 	(b) In addition to any other penalty applicable in law, a qualifying patient is guilty of 
9.22 	a felony and may be sentenced to imprisonment for not more than two years or to payment 
9.23 	of a fine of not more than $3,000, or both, if the patient:
9.24 	(1) sells, transfers, loans, or otherwise gives another person the patient's registry 
9.25 	identification card; or
9.26 	(2) sells, transfers, loans, or otherwise gives another person marijuana obtained 
9.27 	under sections 152.22 to 152.31.
9.28 	In addition, the person is disqualified from further participation under sections 152.22 to 
9.29 	152.31 and the person's registry card is void.

9.30 	Sec. 7. [152.285] CONSULTATION.
9.31 	When implementing and overseeing sections 152.22 to 152.31, the commissioner 
9.32 	shall consult with the commissioners of public safety and agriculture and may consult 
9.33 	with any other knowledgeable individuals and organizations.

10.1 	Sec. 8. [152.30] SEVERABILITY.
10.2 	Any provision of sections 152.22 to 152.31 being held invalid as to any person or 
10.3 	circumstances shall not affect the application of any other provision of sections 152.22 to 
10.4 	152.31 that can be given full effect without the invalid section or application.

10.5 	Sec. 9. [152.31] REGISTERED ORGANIZATION.
10.6 		Subdivision 1.Definition. For purposes of this section, "registered organization" 
10.7 	means a nonprofit entity registered with the commissioner under this section that acquires, 
10.8 	possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses 
10.9 	marijuana, or related supplies and educational materials to registered qualifying patients 
10.10 	and their registered primary caregivers. A registered organization shall supply marijuana 
10.11 	to any number of registered qualifying patients who have designated it as one of their 
10.12 	primary caregivers. A registered organization may not possess an amount of marijuana 
10.13 	that exceeds 12 marijuana plants and 2.5 ounces of usable marijuana for each registered 
10.14 	qualifying patient who has designated the registered organization as a primary caregiver.
10.15 		Subd. 2.Registration requirements. (a) The commissioner shall issue a registered 
10.16 	organization license within 20 days to any person who  provides:
10.17 	(1) a fee of $1,000;
10.18 	(2) the name of the registered organization;
10.19 	(3) the physical addresses of the registered organization and any other real property 
10.20 	where marijuana is to be possessed, cultivated, manufactured, supplied, or dispensed 
10.21 	relating to the operations of the registered organization; and 
10.22 	(4) the name, address, and date of birth of any person who is an agent of or employed 
10.23 	by the registered organization.
10.24 	(b) The commissioner shall issue each agent and employee of a registered 
10.25 	organization a registry identification card for a cost of $10 each within ten days of receipt 
10.26 	of the person's identifying information and the fee.  Each card shall specify that the 
10.27 	cardholder is an employee or agent of a registered organization.
10.28 		Subd. 3.Expiration. A license for a registered organization and each employee or 
10.29 	agent registry identification card expires one year after the date of issuance.
10.30 		Subd. 4.Inspection. Registered organizations are subject to reasonable inspection 
10.31 	by the commissioner.
10.32 		Subd. 5.Organization requirements. (a) Registered organizations must be 
10.33 	established as nonprofit entities. Registered organizations are subject to all applicable state 
10.34 	laws governing nonprofit entities, but need not be recognized as a 501(c)(3) organization 
10.35 	by the Internal Revenue Service.
11.1 	(b) Registered organizations may not be located within 500 feet of the property line 
11.2 	of a public school, private school, or structure used primarily for religious services or 
11.3 	worship.
11.4 	(c) The operating documents of a registered organization shall include procedures 
11.5 	for the oversight of the registered organization and procedures to ensure adequate record 
11.6 	keeping.
11.7 	(d) A registered organization shall notify the commissioner within ten days of when 
11.8 	an employee or agent ceases to work at the registered organization.
11.9 	(e) The registered organization shall notify the commissioner before a new agent or 
11.10 	employee begins working at the registered organization, in writing, and the organization 
11.11 	shall submit a $10 fee for the person's registry identification card.
11.12 	(f) No registered organization shall be subject to prosecution, search, seizure, or 
11.13 	penalty in any manner or denied any right or privilege, including, but not limited to, civil 
11.14 	penalty or disciplinary action by a business, occupational, or professional licensing board 
11.15 	or entity, for acting according to sections 152.22 to 152.31  to assist registered qualifying 
11.16 	patients to whom it is connected through the commissioner's registration process with the 
11.17 	medical use of marijuana, provided that the registered organization possesses an amount 
11.18 	of marijuana that does not exceed 12 marijuana plants and 2.5 ounces of usable marijuana 
11.19 	for each registered qualifying patient.
11.20 	(g) No employees, agents, or board members of a registered organization shall 
11.21 	be subject to arrest, prosecution, search, seizure, or penalty in any manner or denied 
11.22 	any right or privilege, including, but not limited to, civil penalty or disciplinary action 
11.23 	by a business, occupational, or professional licensing board or entity, for working for a 
11.24 	registered organization according to sections 152.22 to 152.31.
11.25 	(h) The registered organization is prohibited from acquiring, possessing, cultivating, 
11.26 	manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana 
11.27 	for any purpose except to assist registered qualifying patients with the medical use of 
11.28 	marijuana directly or through the qualifying patients' other primary caregivers.
11.29 	(i) The registered organization shall implement appropriate security measures to 
11.30 	deter and prevent the unauthorized entrance into areas containing marijuana or marijuana 
11.31 	plants and the theft of marijuana or marijuana plants. By December 1 of each year, 
11.32 	the organization shall submit a summary of the security measures implemented to the 
11.33 	commissioner. The commissioner shall review these measures and, if deemed advisable, 
11.34 	require reasonable upgrades to security to better protect the marijuana or marijuana plants.
12.1 	(j) A qualifying patient may not be an employee, agent, shareholder, or board 
12.2 	member of a registered organization or be in any other way affiliated with a registered 
12.3 	organization.
12.4 	(k) Registered organizations may cultivate marijuana only indoors.
12.5 		Subd. 6.Maximum amount of medical marijuana to be dispensed. A registered 
12.6 	organization, or an employee, agent, or board member of a registered organization may not 
12.7 	dispense more than 2.5 ounces of usable marijuana to a qualifying patient or to a primary 
12.8 	caregiver on behalf of a qualifying patient during a 15-day period unless the patient or 
12.9 	caregiver has a written recommendation from a practitioner made in the course of a bona 
12.10 	fide practitioner-patient relationship after a full examination of the patient stating that the 
12.11 	15-day limitation should not apply to the patient and the reasons for this.
12.12 		Subd. 7.Background checks; felony drug convictions. (a) As used in this 
12.13 	subdivision, "felony drug offense" means a violation of a state or federal controlled 
12.14 	substance law that is classified as a felony under Minnesota law or would be classified 
12.15 	as a felony under Minnesota law if committed in Minnesota, regardless of the sentence 
12.16 	imposed. 
12.17 	(b) The department shall request a criminal history background check from the 
12.18 	superintendent of the Bureau of Criminal Apprehension on all employees, agents, and 
12.19 	board members of a registered organization. An application for registry identification 
12.20 	cards for employees, agents, and board members must be accompanied by an executed 
12.21 	criminal history consent form, including fingerprints.
12.22 	(c) The superintendent of the Bureau of Criminal Apprehension shall perform 
12.23 	the background check required under paragraph (b) by retrieving criminal history data 
12.24 	maintained in the Criminal Justice Information System computers and shall also conduct 
12.25 	a search of the national criminal records repository. The superintendent is authorized 
12.26 	to exchange fingerprints with the Federal Bureau of Investigation for purposes of the 
12.27 	criminal history check.
12.28 	(d) The department shall refuse to issue a registry card to any agent, employee, or 
12.29 	board member of a registered organization who has been convicted of a drug felony. The 
12.30 	department, without disclosing the actual results of the national records check, shall notify 
12.31 	the registered organization in writing of the purpose for denying the registry identification 
12.32 	card. However, the department may grant the person a registry identification card if 
12.33 	the commissioner determines that the person's conviction was for the medical use of 
12.34 	marijuana or assisting with the medical use of marijuana.
12.35 	(e) If a registered organization has employed an agent, board member, or employee 
12.36 	and is notified that the person failed the background check, it shall terminate the person's 
13.1 	status as an agent, board member, or employee within 24 hours of receiving written 
13.2 	notification. The result of the criminal background check is private information, and the 
13.3 	registered organization may not disclose it, except to defend itself of any charges related 
13.4 	to employment law.
13.5 	(f) No person who has been convicted of a drug felony may be the agent, board 
13.6 	member, or employee of a registered organization. Notwithstanding this provision, if 
13.7 	the commissioner determines that the person's conviction was for the medical use of 
13.8 	marijuana or assisting with the medical use of marijuana, the commissioner may permit 
13.9 	the person to be an agent, board member, or employee of a registered organization. A 
13.10 	person who is employed by, an agent of, or a board member of a registered organization in 
13.11 	violation of this section is guilty of a civil violation punishable by a fine of up to $1,000. 
13.12 	A subsequent violation of this section is a gross misdemeanor.
13.13 	(g) No registered organization may knowingly and willfully allow a person who has 
13.14 	been convicted of a drug felony to be its agent, board member, or employee unless the 
13.15 	department has granted the person a registry identification card because the person's 
13.16 	conviction was for the medical use of marijuana. A violation is punishable by a fine of 
13.17 	up to $2,000.
13.18 		Subd. 8.Penalty. (a) The registered organization may not possess an amount of 
13.19 	marijuana that exceeds the total of the allowable amounts of marijuana for the registered 
13.20 	qualifying patients for whom the organization is a registered primary caregiver. The 
13.21 	registered organization may not dispense, deliver, or otherwise transfer marijuana to a 
13.22 	person other than a qualifying patient or the patient's primary caregiver. An intentional 
13.23 	violation of this subdivision is a felony punishable by imprisonment for not more than two 
13.24 	years or by payment of a fine of not more than $3,000, or both. This penalty is in addition 
13.25 	to any other penalties applicable in law. 
13.26 	(b) A person convicted of violating paragraph (a) may not continue to be affiliated 
13.27 	with the registered organization and is disqualified from further participation under 
13.28 	sections 152.22 to 152.31.

13.29 	Sec. 10. APPROPRIATIONS.
 13.30 	$401,000 for the fiscal year ending June 30, 2008, and $680,000 for the fiscal year 
13.31 	ending June 30, 2009, are appropriated from the state government special revenue fund to 
13.32 	the commissioner of health to implement Minnesota Statutes, sections 152.22 to 152.31. 
13.33 	All fees, fines, and other money collected by the commissioner of health under sections 
13.34 	152.22 to 152.31, shall be deposited into the state government special revenue fund.

14.1 	Sec. 11. EFFECTIVE DATE.
 14.2 	Sections 1 to 10 are effective January 1, 2008.