1.1 	A bill for an act
1.2 	relating to health; modifying provisions governing medical cannabis manufacturer 
1.3 	registration and registration renewal;amending Minnesota Statutes 2020, sections 
1.4 	152.25, subdivision 1; 152.35.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2020, section 152.25, subdivision 1, is amended to read:
1.7 		Subdivision 1.Medical cannabis manufacturer registration and renewal. (a) The 
1.8 	commissioner shall register two at least four in-state manufacturers for the production of 
1.9 	all medical cannabis within the state. A The registration agreement between the commissioner 
1.10 	and a manufacturer is valid for two years, unless revoked under subdivision 1a, and is 
1.11 	nontransferable. The commissioner shall register new manufacturers or reregister the existing 
1.12 	manufacturers by December 1 every two years, using the factors described in this subdivision. 
1.13 	The commissioner shall accept applications after December 1, 2014, if one of the 
1.14 	manufacturers registered before December 1, 2014, ceases to be registered as a manufacturer. 
1.15 	The commissioner's determination that no manufacturer exists to fulfill the duties under 
1.16 	sections 152.22 to 152.37 is subject to judicial review in Ramsey County District Court.
1.17 	Once the commissioner has registered more than two manufacturers, registration renewal 
1.18 	for at least one manufacturer must occur each year. The commissioner shall begin registering 
1.19 	additional manufacturers by December 1, 2022. The commissioner shall renew a registration 
1.20 	if the manufacturer meets the factors described in this subdivision and submits the registration 
1.21 	renewal fee under section 152.35. Data submitted during the application process are private 
1.22 	data on individuals or nonpublic data as defined in section 13.02 until the manufacturer is 
1.23 	registered under this section. Data on a manufacturer that is registered are public data, unless 
1.24 	the data are trade secret or security information under section 13.37.
2.1 	(b) As a condition for registration, a manufacturer must agree to or registration renewal:
2.2 	(1) begin supplying medical cannabis to patients by July 1, 2015; and
2.3 	(2) (1) a manufacturer must comply with all requirements under sections 152.22 to 
2.4 	152.37.; and
2.5 	(2) if the manufacturer is a business entity, the manufacturer must be incorporated in 
2.6 	the state or otherwise formed or organized under the laws of the state, and at least 75 percent 
2.7 	of the business must be owned by Minnesota residents.
2.8 	(c) The commissioner shall consider the following factors when determining which 
2.9 	manufacturer to register or when determining whether to renew a registration:
2.10 	(1) the technical expertise of the manufacturer in cultivating medical cannabis and 
2.11 	converting the medical cannabis into an acceptable delivery method under section 152.22, 
2.12 	subdivision 6;
2.13 	(2) the qualifications of the manufacturer's employees;
2.14 	(3) the long-term financial stability of the manufacturer;
2.15 	(4) the ability to provide appropriate security measures on the premises of the 
2.16 	manufacturer;
2.17 	(5) whether the manufacturer has demonstrated an ability to meet the medical cannabis 
2.18 	production needs required by sections 152.22 to 152.37; and
2.19 	(6) the manufacturer's projection and ongoing assessment of fees on patients with a 
2.20 	qualifying medical condition.
2.21 	(d) If an officer, director, or controlling person of the manufacturer pleads or is found 
2.22 	guilty of intentionally diverting medical cannabis to a person other than allowed by law 
2.23 	under section 152.33, subdivision 1, the commissioner may decide not to renew the 
2.24 	registration of the manufacturer, provided the violation occurred while the person was an 
2.25 	officer, director, or controlling person of the manufacturer.
2.26 	(e) The commissioner shall require each medical cannabis manufacturer to contract with 
2.27 	an independent laboratory to test medical cannabis produced by the manufacturer. The 
2.28 	commissioner shall approve the laboratory chosen by each manufacturer and require that 
2.29 	the laboratory report testing results to the manufacturer in a manner determined by the 
2.30 	commissioner.

3.1 	Sec. 2. Minnesota Statutes 2020, section 152.35, is amended to read:
3.2 	152.35 FEES; DEPOSIT OF REVENUE.
3.3 	(a) The commissioner shall collect an enrollment fee of $200 from patients enrolled 
3.4 	under this section. If the patient provides evidence of receiving Social Security disability 
3.5 	insurance (SSDI), Supplemental Security Income (SSI), veterans disability, or railroad 
3.6 	disability payments, or being enrolled in medical assistance or MinnesotaCare, then the fee 
3.7 	shall be $50. For purposes of this section:
3.8 	(1) a patient is considered to receive SSDI if the patient was receiving SSDI at the time 
3.9 	the patient was transitioned to retirement benefits by the United States Social Security 
3.10 	Administration; and
3.11 	(2) veterans disability payments include VA dependency and indemnity compensation.
3.12 	Unless a patient provides evidence of receiving payments from or participating in one of 
3.13 	the programs specifically listed in this paragraph, the commissioner of health must collect 
3.14 	the $200 enrollment fee from a patient to enroll the patient in the registry program. The fees 
3.15 	shall be payable annually and are due on the anniversary date of the patient's enrollment. 
3.16 	The fee amount shall be deposited in the state treasury and credited to the state government 
3.17 	special revenue fund.
3.18 	(b) The commissioner shall collect an a registration application fee of $20,000 from 
3.19 	each entity submitting an application for registration as a medical cannabis manufacturer. 
3.20 	Revenue from the fee shall be deposited in the state treasury and credited to the state 
3.21 	government special revenue fund. If the commissioner decides not to register an entity that 
3.22 	applies for registration, the commissioner shall reimburse the entity $10,000 of the entity's 
3.23 	registration application fee no later than 30 days after providing the entity with notice of 
3.24 	the decision.
3.25 	(c) The commissioner shall establish and collect an annual a biennial registration renewal
3.26 	fee from a medical cannabis manufacturer equal to the cost of regulating and inspecting the 
3.27 	manufacturer in that year for the upcoming registration period. Revenue from the fee amount
3.28 	shall be deposited in the state treasury and credited to the state government special revenue 
3.29 	fund.
3.30 	(d) A medical cannabis manufacturer may charge patients enrolled in the registry program 
3.31 	a reasonable fee for costs associated with the operations of the manufacturer. The 
3.32 	manufacturer may establish a sliding scale of patient fees based upon a patient's household 
3.33 	income and may accept private donations to reduce patient fees.