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Posted 22 April 2008 - 10:14 PM
Minnesota Momentum builds for historic medical marijuana vote Last update: April 9, 2008 By a 13-4 vote, MPP's medical marijuana bill passed out of the Ways and Means Committee of the Minnesota House on April 9. Having already passed the full Senate last year, House ways and weans was the final committee the bill needed to clear in the Minnesota Legislature. S.F. 345, as the bill is currently known in the House, is now headed to the House floor for its historic, first-ever hearing by the full legislative body. And if the House joins the Senate in advancing this compassionate legislation, our medical marijuana bill will go to Gov. Tim Pawlenty ® for his signature — and Minnesota will be poised to become the 13th medical marijuana state, and the first in the Midwest. And this is where you come in: The head count of supporters, opponents, and undecideds in the House is too close to call, so all Minnesotans who support a compassionate medical marijuana law urgently need to (1) contact their representative and (2) contact Gov. Pawlenty. We need to make it clear to both undecided legislators and the governor that there is no political danger in voting for this bill — that, on the contrary, Minnesotans overwhelmingly support it. Please take a minute to contact your representative and the governor today. You may want to mention that recent events have bolstered the case for our bill. In January, the American College of Physicians became the latest major medical association to formally recognize the many medically useful properties of marijuana and went on to "strongly urge protection from criminal or civil penalties for patients who use medical marijuana as permitted under state laws." ACP is the largest medical specialty organization and the second largest physician group in the United States, representing 124,000 physicians specializing in internal medicine and such specialties as oncology, neurology, and infectious diseases. They join the Minnesota Nurses Association, the Minnesota Public Health Association, and the Minnesota Senior Federation — as well as other highly esteemed national groups like the Leukemia and Lymphoma Society — in calling for such protection for medical marijuana patients. This is especially relevant here in Minnesota: Some House members have previously sided with a loose coalition of non-experts who claim that there is no evidence of marijuana's medical benefit and that the medical community is opposed to its use — arguments demolished single-handedly by ACP's endorsement. If you are also interested in volunteering to help pass this bill through the House, there is plenty of work to go around! Please contact MPP's Minnesota organizer, Matt Witemyre, at (612) 424-7004 or by e-mail. We are approaching a historic moment — making Minnesota the 13th medical marijuana state and the first in the Midwest — so please get involved today! Thank you for supporting the Marijuana Policy Project. Please pass this information along to your friends and family in Minnesota, and then subscribe to our free legislative alert service if you haven't already done so.
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Posted 22 April 2008 - 10:17 PM
S.F. No. 345, 1st Engrossment - 85th Legislative Session (2007-2008) Posted on Feb 19, 2007 1.1A bill for an act 1.2relating to health; providing for the medical use of marijuana; providing civil 1.3and criminal penalties; establishing application and renewal fees; appropriating 1.4money; amending Minnesota Statutes 2006, section 13.3806, by adding a 1.5subdivision; proposing coding for new law in Minnesota Statutes, chapter 152. 1.6BE 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 1.8subdivision to read: 1.9 Subd. 21. Medical use of marijuana data. Data collected by the commissioner of 1.10health relating to registrations for the medical use of marijuana are classified in section 1.11152.25, 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 1.14defined in this section have the meanings given them. 1.15 Subd. 2. Allowable amount of marijuana. (a) With respect to a qualifying patient, 1.16the "allowable amount of marijuana" means: 1.17(1) 12 marijuana plants; 1.18(2) 2.5 ounces of usable marijuana; and 1.19(3) any amount of other parts of the marijuana plant. 1.20( With respect to a primary caregiver or registered organization, the "allowable 1.21amount of marijuana" for each patient means: 1.22(1) 12 marijuana plants; 1.23(2) 2.5 ounces of usable marijuana; and 1.24(3) any amount of other parts of the marijuana plant. 2.1 Subd. 3. Commissioner. "Commissioner" means the commissioner of health. 2.2 Subd. 4. Debilitating medical condition. "Debilitating medical condition" means: 2.3(1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, or the 2.4treatment of these conditions; 2.5(2) a chronic or debilitating disease or medical condition or its treatment that 2.6produces one or more of the following: cachexia or wasting syndrome; severe or chronic 2.7pain; severe nausea; seizures, including, but not limited to, those characteristic of epilepsy; 2.8severe and persistent muscle spasms, including, but not limited to, those characteristic of 2.9multiple 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 2.11worsened and the patient's physician believes the patient could benefit from consumption 2.12of marijuana; or 2.13(4) any other medical condition or its treatment approved by the commissioner as 2.14provided in section 152.24, paragraph (a). 2.15 Subd. 5. Department. "Department" means the Minnesota Department of Health. 2.16 Subd. 6. Medical use. "Medical use" means the acquisition, possession, cultivation, 2.17manufacture, use, delivery, transfer, or transportation of marijuana or paraphernalia 2.18relating to the consumption of marijuana to alleviate a registered qualifying patient's 2.19debilitating medical condition or symptoms associated with the medical condition. 2.20 Subd. 7. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 2.21doctor of osteopathy licensed to practice medicine, or a licensed registered nurse. 2.22 Subd. 8. Primary caregiver. "Primary caregiver" means a person who is at least 2.2318 years old and who has agreed to assist with a qualifying patient's medical use of 2.24marijuana. A primary caregiver may assist no more than five qualifying patients with 2.25their medical use of marijuana. 2.26 Subd. 9. Qualifying patient. "Qualifying patient" means a person who has been 2.27diagnosed by a practitioner as having a debilitating medical condition. 2.28 Subd. 10. Registry identification card. "Registry identification card" means a 2.29document issued by the commissioner that identifies a person as a qualifying patient or 2.30primary caregiver. 2.31 Subd. 11. Usable marijuana. "Usable marijuana" means the dried leaves and 2.32flowers of the marijuana plant, and any mixture or preparation of it, but does not include 2.33the seeds, stalks, and roots of the plant. 2.34 Subd. 12. Written certification. "Written certification" means a statement signed 2.35by a practitioner, stating that in the practitioner's professional opinion the potential 2.36benefits of the medical use of marijuana would likely outweigh the health risks for the 3.1qualifying patient. A written certification shall only be made in the course of a bona fide 3.2practitioner-patient relationship after the practitioner has completed a full assessment 3.3of the qualifying patient's medical history. The written certification shall specify the 3.4qualifying patient's debilitating medical condition or conditions. 3.5 Sec. 3. [152.23] PROTECTIONS FOR MEDICAL USE OF MARIJUANA. 3.6 Subdivision 1. Qualifying patient. A qualifying patient who possesses a registry 3.7identification card shall not be subject to arrest, prosecution, or penalty in any manner, or 3.8denied any right or privilege, including, but not limited to, civil penalty or disciplinary 3.9action by a business or occupational or professional licensing board or entity, for the 3.10medical use of marijuana, provided that the qualifying patient possesses an amount of 3.11marijuana that does not exceed the allowable amount. 3.12 Subd. 2. Primary caregiver. A primary caregiver who possesses a registry 3.13identification card shall not be subject to arrest, prosecution, or penalty in any manner, or 3.14denied any right or privilege, including, but not limited to, civil penalty or disciplinary 3.15action by a business or occupational or professional licensing board or entity, for 3.16assisting a qualifying patient to whom the primary caregiver is connected through the 3.17commissioner's registration process with the medical use of marijuana, provided that the 3.18primary caregiver possesses an amount of marijuana that does not exceed the allowable 3.19amount of marijuana for each qualifying patient to whom the primary caregiver is 3.20connected through the registration process. 3.21 Subd. 3. Discrimination prohibited. No school, employer, or landlord may refuse 3.22to enroll, employ, lease to, or otherwise penalize a person solely for the person's status as a 3.23registered qualifying patient or a registered primary caregiver. 3.24 Subd. 4. Presumption. (a) There is a presumption that a qualifying patient or 3.25primary caregiver is engaged in the medical use of marijuana if the qualifying patient or 3.26primary caregiver: 3.27(1) is in possession of a registry identification card; and 3.28(2) is in possession of an amount of marijuana that does not exceed the amount 3.29permitted under sections 152.22 to 152.31. 3.30( The presumption may be rebutted by evidence that conduct related to marijuana 3.31was not for the purpose of alleviating the qualifying patient's debilitating medical 3.32condition or symptoms associated with the medical condition. 3.33 Subd. 5. Caregiver's reimbursement. A primary caregiver may receive 3.34reimbursement for costs associated with assisting with a registered qualifying patient's 3.35medical use of marijuana. Compensation does not constitute sale of controlled substances. 4.1 Subd. 6. Practitioner. A practitioner shall not be subject to arrest, prosecution, 4.2or penalty in any manner or denied any right or privilege, including, but not limited 4.3to, civil penalty or disciplinary action by the Board of Medical Practice or by another 4.4business, occupational, or professional licensing board or entity, solely for providing 4.5written certifications or otherwise stating that, in the practitioner's professional opinion, 4.6the potential benefits of the medical use of marijuana would likely outweigh the health 4.7risks for a patient, provided that nothing shall prevent a practitioner from being sanctioned 4.8for failure to properly evaluate a patient's medical condition or otherwise violating the 4.9standard of care for evaluating medical conditions. 4.10 Subd. 7. Property rights. (a) Any interest in or right to property that is possessed, 4.11owned, or used in connection with the medical use of marijuana, or acts incidental to 4.12such use, is not forfeited. 4.13( A law enforcement agency that seizes and does not return usable marijuana to a 4.14registered qualifying patient or a registered primary caregiver is liable to the cardholder 4.15for the fair market value of the marijuana. 4.16 Subd. 8. Arrest and prosecution prohibited. No person is subject to arrest 4.17or prosecution for constructive possession, conspiracy, aiding and abetting, being an 4.18accessory, or any other offense for being in the presence or vicinity of the medical use 4.19of marijuana as permitted under sections 152.22 to 152.31 or for assisting a registered 4.20qualifying patient with using or administering marijuana. 4.21 Subd. 9. Reciprocity. A registry identification card, or its equivalent, issued under 4.22the laws of another state, United States territory, or the District of Columbia to permit the 4.23medical use of marijuana by a qualifying patient, or to permit a person to assist with the 4.24qualifying patient's medical use of marijuana, shall have the same force and effect as a 4.25registry identification card issued by the commissioner. 4.26 Sec. 4. [152.24] RULEMAKING. 4.27(a) The commissioner shall adopt rules governing the manner in which it shall 4.28consider petitions from the public to add debilitating medical conditions to those included 4.29under section 152.22, subdivision 4. In considering such petitions, the commissioner 4.30shall include public notice of any petition received and an opportunity for the public to 4.31comment on each petition in a public hearing. The commissioner shall, after conducting 4.32a public hearing, approve or deny each petition within 180 days of its submission. The 4.33approval or denial of such a petition shall be considered a final department action, subject 4.34to judicial review. Jurisdiction and venue for judicial review are vested in the district 4.35court. The denial of a petition shall not disqualify qualifying patients with that condition if 5.1they have a debilitating medical condition. The denial of a petition shall not prevent a 5.2person with the denied condition from raising an affirmative defense. 5.3( The commissioner shall adopt rules governing the manner in which it shall 5.4consider applications for and renewals of registry identification cards for qualifying 5.5patients and primary caregivers. 5.6 Sec. 5. [152.25] REGISTRY IDENTIFICATION CARDS; ISSUANCE. 5.7 Subdivision 1. Requirements; issuance. (a) The commissioner shall issue registry 5.8identification cards to qualifying patients who submit: 5.9(1) a written certification; 5.10(2) the application or renewal fee; 5.11(3) the name, address, and date of birth of the qualifying patient, except that if the 5.12applicant is homeless, no address is required; 5.13(4) the name, address, and telephone number of the qualifying patient's practitioner; 5.14and 5.15(5) the name, address, and date of birth of each primary caregiver of the qualifying 5.16patient, if any. 5.17( The commissioner shall not issue a registry identification card to a qualifying 5.18patient under the age of 18 unless: 5.19(1) the qualifying patient's practitioner has explained the potential risks and benefits 5.20of the medical use of marijuana to the qualifying patient and to a parent, guardian, or 5.21person having legal custody of the qualifying patient; and 5.22(2) a parent, guardian, or person having legal custody consents in writing to: 5.23(i) allow the qualifying patient's medical use of marijuana; 5.24(ii) serve as one of the qualifying patient's primary caregivers; and 5.25(iii) control the acquisition of marijuana, the dosage, and the frequency of the 5.26medical use of marijuana by the qualifying patient. 5.27© The commissioner shall verify the information contained in an application or 5.28renewal submitted under this section and shall approve or deny an application or renewal 5.29within 15 days of receiving it. The commissioner may deny an application or renewal 5.30only if the applicant did not provide the information required under this section or if the 5.31commissioner determines that the information provided was falsified. Rejection of an 5.32application or renewal is a final agency action, subject to judicial review. Jurisdiction and 5.33venue for judicial review are vested in the district court. 6.1(d) The commissioner shall issue a registry identification card to each primary 6.2caregiver, if any, who is named in a qualifying patient's approved application, up to a 6.3maximum of two primary caregivers per qualifying patient. 6.4(e) The commissioner shall issue a registry identification card within five days of 6.5approving an application or renewal. The card expires one year after the date of issuance. 6.6A registry identification card shall contain: 6.7(1) the name, address, and date of birth of the qualifying patient; 6.8(2) the name, address, and date of birth of each primary caregiver of the qualifying 6.9patient, if any; 6.10(3) the date of issuance and expiration date of the registry identification card; and 6.11(4) a random registry identification number. 6.12 Subd. 2. Notification of changes; penalties. (a) A qualifying patient who has been 6.13issued a registry identification card shall notify the commissioner within ten days of any 6.14change in the qualifying patient's name, address, or primary caregiver or if the qualifying 6.15patient ceases to have a debilitating medical condition. 6.16 ( Failure to notify the commissioner of a change as required under paragraph (a) is 6.17a civil violation, punishable by a fine of no more than $150. If the person has ceased to 6.18have a debilitating medical condition, the card is null and void and the person is liable for 6.19any other penalties that may apply to the person's nonmedical use of marijuana. 6.20 © A registered primary caregiver shall notify the commissioner within ten days of 6.21any change in the caregiver's name or address. Failure to notify the commissioner of the 6.22change is a civil violation, punishable by a fine of no more than $150. 6.23 (d) When a qualifying patient or primary caregiver notifies the commissioner of any 6.24changes under this subdivision, the commissioner shall issue the qualifying patient and 6.25each primary caregiver a new registry identification card within ten days of receiving the 6.26updated information and a $10 fee. 6.27 (e) When a registered qualifying patient ceases to use the assistance of a registered 6.28primary caregiver, the commissioner shall notify the primary caregiver within ten days. 6.29The primary caregiver's protections as provided under section 152.23 expire ten days after 6.30notification by the commissioner. 6.31 Subd. 3. Lost cards. If a registered qualifying patient or a registered primary 6.32caregiver loses a registry identification card, the patient or caregiver shall notify the 6.33commissioner and submit a $10 fee within ten days of losing the card. Within five days of 6.34receiving notification and the required fee, the commissioner shall issue a new registry 6.35identification card with a new random identification number. 7.1 Subd. 4. Card as probable cause. Possession of, or application for, a registry 7.2identification card does not constitute probable cause or reasonable suspicion, nor shall it 7.3be used to support a search of the person or property of the person possessing or applying 7.4for the registry identification card, or otherwise subject the person or property of the 7.5person to inspection by any governmental agency. 7.6 Subd. 5. Data practices. (a) Applications and supporting information submitted 7.7by qualifying patients, including information regarding their primary caregivers and 7.8practitioners, are confidential. 7.9 ( The commissioner shall maintain a confidential list of the persons to whom the 7.10department has issued registry identification cards. Individual names and other identifying 7.11information on the list shall be confidential, exempt from the Minnesota Freedom of 7.12Information Act, and not subject to disclosure, except to authorized employees of the 7.13department as necessary to perform official duties of the department. 7.14 © The commissioner shall verify to law enforcement personnel whether a registry 7.15identification card is valid solely by confirming the random registry identification number. 7.16 (d) It shall be a crime, punishable by up to 180 days in jail and a $1,000 fine, for 7.17any person, including an employee or official of the department or another state agency 7.18or local government, to breach the confidentiality of information obtained pursuant to 7.19this act. Notwithstanding this provision, the department employees may notify law 7.20enforcement about falsified or fraudulent information submitted to the department. 7.21 Subd. 6. Report. The commissioner shall report annually to the legislature on the 7.22number of applications for registry identification cards, the number of qualifying patients 7.23and primary caregivers approved, the nature of the debilitating medical conditions of the 7.24qualifying patients, the number of registry identification cards revoked, and the number of 7.25practitioners providing written certification for qualifying patients. The commissioner 7.26must not include identifying information on qualifying patients, primary caregivers, or 7.27practitioners in the report. 7.28 Subd. 7. Official sanctions. State or local law enforcement officials who knowingly 7.29cooperate with federal law enforcement agents to arrest, investigate, prosecute, or search a 7.30registered qualifying patient or a registered primary caregiver or their property for acting 7.31in compliance with this act shall have their employment suspended or terminated. 7.32 Sec. 6. [152.26] CONSTRUCTION. 7.33(a) Sections 152.22 to 152.31 do not permit: 7.34(1) a person to undertake a task under the influence of marijuana, when doing so 7.35would constitute negligence or professional malpractice; 8.1(2) smoking of marijuana: 8.2(i) in a school bus or other form of public transportation; 8.3(ii) on school grounds; 8.4(iii) in a correctional facility; or 8.5(iv) in any public place; or 8.6(3) a person to operate, navigate, or be in actual physical control of any motor 8.7vehicle, aircraft, or motorboat while under the influence of marijuana. However, a 8.8registered qualifying patient shall not be considered to be under the influence solely for 8.9having marijuana metabolites in the patient's system. 8.10( Nothing in sections 152.22 to 152.31 shall be construed to require: 8.11 (1) a government medical assistance program or private health insurer to reimburse a 8.12person for costs associated with the medical use of marijuana; or 8.13(2) an employer to accommodate the medical use of marijuana in any workplace. 8.14 Sec. 7. [152.27] PENALTIES. 8.15Fraudulent representation to a law enforcement official of any fact or circumstance 8.16relating to the medical use of marijuana to avoid arrest or prosecution is punishable by a 8.17fine of $500, which shall be in addition to any other penalties that may apply for making a 8.18false statement and for the nonmedical use of marijuana. 8.19 Sec. 8. [152.28] FEES. 8.20Notwithstanding section 16A.1283, the commissioner of health shall establish 8.21application and renewal fees that generate revenues sufficient to offset all expenses of 8.22implementing and administering sections 152.22 to 152.31. The commissioner of health 8.23may vary the application and renewal fees on a sliding scale that accounts for a qualifying 8.24patient's income. Fee receipts shall be credited to the general fund. The commissioner of 8.25health may accept donations from private sources to reduce the application and renewal 8.26fees. 8.27 Sec. 9. [152.29] AFFIRMATIVE DEFENSE AND DISMISSAL FOR MEDICAL 8.28MARIJUANA. 8.29 (a) Except as provided in section 152.26, a person and a person's primary caregiver, 8.30if any, may assert the medical purpose for using marijuana as a defense to any prosecution 8.31involving marijuana, and such defense shall be presumed valid where the evidence shows 8.32that: 9.1(1) a practitioner has stated that, in the practitioner's professional opinion, after 9.2having completed a full assessment of the person's medical history and current medical 9.3condition made in the course of a bona fide practitioner-patient relationship, the potential 9.4benefits of using marijuana for medical purposes would likely outweigh the health risks 9.5for the person; and 9.6 (2) the person and the person's primary caregiver, if any, were collectively in 9.7possession of a quantity of marijuana that was not more than was reasonably necessary 9.8to ensure the uninterrupted availability of marijuana for the purpose of alleviating the 9.9person's medical condition or symptoms associated with the medical condition. 9.10 ( A person may assert the medical purpose for using marijuana in a motion to 9.11dismiss, and the charges shall be dismissed following an evidentiary hearing where the 9.12defendant shows the elements listed in paragraph (a). 9.13 © Any interest in or right to property that was possessed, owned, or used in 9.14connection with a person's use of marijuana for medical purposes shall not be forfeited if 9.15the person or the person's primary caregiver demonstrates the person's medical purpose for 9.16using marijuana under this section. 9.17 Sec. 10. [152.30] SEVERABILITY. 9.18Any provision of sections 152.22 to 152.31 being held invalid as to any person or 9.19circumstances shall not affect the application of any other provision of sections 152.22 to 9.20152.31 that can be given full effect without the invalid section or application. 9.21 Sec. 11. [152.31] REGISTERED ORGANIZATION. 9.22 Subdivision 1. Definition. For purposes of this section, "registered organization" 9.23means a nonprofit entity registered with the commissioner under this section that acquires, 9.24possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses 9.25marijuana, cultivation equipment, related supplies and educational materials, or marijuana 9.26seeds to registered qualifying patients and their registered primary caregivers. A registered 9.27organization is a primary caregiver, although it may supply marijuana to any number of 9.28registered qualifying patients who have designated it as one of their primary caregivers. 9.29 Subd. 2. Registration requirements. (a) The commissioner shall issue a registered 9.30organization license within 20 days to any person who complies with rules adopted by 9.31the commissioner and provides: 9.32(1) a fee in an amount established by the commissioner notwithstanding section 9.3316A.1283, which shall not exceed $1,000; 9.34(2) the name of the registered organization; 10.1(3) the physical addresses of the registered organization and any other real property 10.2where marijuana is to be possessed, cultivated, manufactured, supplied, or dispensed 10.3relating to the operations of the registered organization; and 10.4(4) the name, address, and date of birth of any person who is an agent of or employed 10.5by the registered organization. 10.6( The commissioner shall issue each agent and employee of a registered 10.7organization a registry identification card for a cost of $10 each within ten days of receipt 10.8of the person's identifying information and the fee. Each card shall specify that the 10.9cardholder is an employee or agent of a registered organization. 10.10 Subd. 3. Expiration. A license for a registered organization and each employee or 10.11agent registry identification card expires one year after the date of issuance. 10.12 Subd. 4. Rulemaking. The commissioner shall adopt rules to implement this 10.13section, including: 10.14(1) procedures for the oversight of registered organizations, record keeping and 10.15reporting requirements for registered organizations, procedures for the transference or sale 10.16of seized cultivation equipment and related supplies from law enforcement agencies 10.17to registered organizations, and procedures for suspending or terminating the licenses 10.18of registered organizations; and 10.19(2) the form and content of the license and renewal applications. 10.20 Subd. 5. Inspection. Registered organizations are subject to reasonable inspection 10.21by the commissioner to determine that any applicable rules are being followed. 10.22Reasonable notice shall be given prior to an inspection. 10.23 Subd. 6. Organization requirements. (a) Registered organizations must be 10.24established as nonprofit entities. Registered organizations are subject to all applicable state 10.25laws governing nonprofit entities, but need not be recognized as a 501©(3) organization 10.26by the Internal Revenue Service. 10.27( Registered organizations may not be located within 500 feet of the property line 10.28of a public school, private school, or structure used primarily for religious services or 10.29worship. 10.30© The operating documents of a registered organization shall include procedures 10.31for the oversight of the registered organization and procedures to ensure adequate record 10.32keeping. 10.33(d) A registered organization shall notify the commissioner within ten days of when 10.34an employee or agent ceases to work at the registered organization. 11.1(e) The registered organization shall notify the commissioner before a new agent or 11.2employee begins working at the registered organization, in writing, and the organization 11.3shall submit a $10 fee for the person's registry identification card. 11.4(f) No registered organization shall be subject to prosecution, search, seizure, or 11.5penalty in any manner or denied any right or privilege, including, but not limited to, civil 11.6penalty or disciplinary action by a business, occupational, or professional licensing board 11.7or entity, for acting according to sections 152.22 to 152.31 and rules adopted thereunder to 11.8assist registered qualifying patients to whom it is connected through the commissioner's 11.9registration process with the medical use of marijuana, provided that the registered 11.10organization possesses an amount of marijuana that does not exceed 12 marijuana plants 11.11and 2.5 ounces of usable marijuana for each registered qualifying patient. 11.12(g) No employees, agents, or board members of a registered organization shall 11.13be subject to arrest, prosecution, search, seizure, or penalty in any manner or denied 11.14any right or privilege, including, but not limited to, civil penalty or disciplinary action 11.15by a business, occupational, or professional licensing board or entity, for working for a 11.16registered organization according to sections 152.22 to 152.31. 11.17(h) The registered organization is prohibited from acquiring, possessing, cultivating, 11.18manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana 11.19for any purpose except to assist registered qualifying patients with the medical use of 11.20marijuana directly or through the qualifying patients' other primary caregivers. 11.21(i) A municipality may not prevent a registered organization from operating 11.22according to sections 152.22 to 152.31 in an area where zoning permits retail businesses. 11.23 Subd. 7. Penalty. The registered organization may not possess an amount of 11.24marijuana that exceeds the total of the allowable amounts of marijuana for the registered 11.25qualifying patients for whom the organization is a registered primary caregiver. The 11.26registered organization may not dispense, deliver, or otherwise transfer marijuana to a 11.27person other than a qualifying patient or the patient's primary caregiver. An intentional 11.28violation of this subdivision is a felony punishable by imprisonment for not more than two 11.29years or by payment of a fine of not more than $3,000, or both. This penalty is in addition 11.30to any other penalties applicable in law. 11.31 Sec. 12. EFFECTIVE DATE. 11.32Sections 1 to 11 are effective the day following final enactment.
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