Medical Marijuana Laws in Minnesota

May 29, 2014, the SF 2470 was approved, and signed into law by Minnesota Governor Mark Dayton (effective May 30, 2014), effectively removing all state-level criminal penalties on the use, possession and cultivation of marijuana, by patients possessing the medical recommendation from their physician, stating that he or she may benefit from the medical use of marijuana.

August 2016, intractable pain is added to the qualifying list of ailments for the Minnesota Medical Marijuana Program

Minnesota Medical Marijuana Law

Minnesota Medical Marijuana Program — S.F. No. 2470
LAWS of MINNESOTA 2014
CHAPTER 311, S2

A bill for an act relating to health; providing for medical cannabis registry program; authorizing rulemaking; establishing duties of patients, health care practitioners, and manufacturer of medical cannabis; establishing patient protections; imposing penalties; establishing fees; requiring impact assessment of medical cannabis therapeutic research; requiring audits; appropriating money; amending Minnesota Statutes 2012, sections 13.3806, by adding a subdivision; 256B.0625, subdivision 13d; proposing coding for new law in Minnesota Statutes, chapter 152.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. Minnesota Statutes 2012, section 13.3806, is amended by adding a subdivision to read:

Subd. 22. – Medical use of cannabis data. Data collected under the registry program authorized under sections 152.22 to 152.37 are governed by sections 152.25, subdivision 1; 152.28, subdivision 2; and 152.37, subdivision 3.

Sec. 2. [152.22] DEFINITIONS.
Subdivision 1. – Applicability. For purposes of sections 152.22 to 152.37, the terms defined in this section have the meanings given them.

Subd. 2. – Commissioner. “Commissioner” means the commissioner of health. Subd. 3. Disqualifying felony offense. “Disqualifying felony offense” means a violation of a state or federal controlled substance law that is a felony under Minnesota law, or would be a felony if committed in Minnesota, regardless of the sentence imposed, unless the commissioner determines that the person’s conviction was for the medical use of cannabis or assisting with the medical use of cannabis.

Subd. 4. – Healthcare practitioner. “Health care practitioner” means a Minnesota licensed doctor of medicine, a Minnesota licensed physician assistant acting within the scope of authorized practice, or a Minnesota licensed advanced practice registered nurse who has the primary responsibility for the care and treatment of the qualifying medical condition of a person diagnosed with a qualifying medical condition.

Subd. 5. – Health records. “Health records” means health records as de ned in section 144.291, subdivision 2, paragraph (c).

Subd. 6. – Medical cannabis. “Medical cannabis” means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of:

(1) liquid, including, but not limited to, oil;
(2) pill;
(3) vaporized delivery method with use of liquid or oil but which does not require the use of dried leaves or plant form; or
(4) any other method, excluding smoking, approved by the commissioner.

Subd. 7. – Medical cannabis manufacturer. “Medical cannabis manufacturer” or “manufacturer” means an entity registered by the commissioner to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and educational materials.

Subd. 8. – Medical cannabis product. “Medical cannabis product” means any delivery device or related supplies and educational materials used in the administration of medical cannabis for a patient with a qualifying medical condition enrolled in the registry program.

Subd. 9. – Patient. “Patient” means a Minnesota resident who has been diagnosed with a qualifying medical condition by a healthcare practitioner and who has otherwise met any other requirements for patients under sections 152.22 to 152.37 to participate in the registry program under sections 152.22 to 152.37.

Subd. 10. – Patient registry number. “Patient registry number” means a unique identification number assigned by the commissioner to a patient enrolled in the registry program.

Subd. 11. – Registered designated caregiver. “Registered designated caregiver” means a person who:

is at least 21 years old;
does not have a conviction for a disqualifying felony offense;
has been approved by the commissioner to assist a patient who has been identified by a healthcare practitioner as developmentally or physically disabled and therefore unable to self-administer medication or acquire medical cannabis from a distribution facility due to the disability; and
is authorized by the commissioner to assist the patient with the use of medical cannabis.

Minnesota Possession Laws

Possession of 42.5 grams or less is a misdemeanor punishable by a maximum fine of $200.

* A conditional discharge is possible for first-time offenders.
* There is a possible drug education course requirement.

Possession of 42.5 grams- 10 kilograms is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
Possession of 10- 50 kilograms is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.
Possession of 50-100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000.
Possession of more than 100 kilograms is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.
Possession of more than 1.4 grams inside one’s vehicle (except the trunk) is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $1,000.

Minnesota Sale or Distribution Laws

The distribution of 42.5 grams or less without remuneration is a misdemeanor punishable by a maximum fine of $200.

* There is a possible drug education course requirement.

The sale of fewer than 5 kilograms is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
The sale of 5-25 kilograms is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.
The sale of 25-50 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000.
The sale of more than 50 kilograms is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.
Importing 50 kilograms or more into the state is a felony punishable by a maximum sentence of 35 years imprisonment and a maximum fine of $1,250,000.
Sale to a minor is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.
Distribution within a school zone or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $100,000.

Minnesota Cultivation Laws

Cultivation in Minnesota will be punished based upon the aggregate weight of the plants found. See the “Possession for Personal Use” section for further penalty details.

Minnesota Hash & Concentrates Laws

The Minnesota statute lists Marijuana and Tetrahydrocannabinol separately in Schedule 1 of the Minnesota controlled substances schedule. Tetrahydrocannabinols are defined as any mixture, compound, or preparation that contains the active THC component of the Cannabis plant or its resinous extractives. Case law refers to Hashish as the resinous form of Marijuana and generally holds that Marijuana and Hashish should be treated equally under the law.
The punishments enumerated in the statutes are equal for Marijuana and Tetrahydrocannabinols in all but one instance. The only difference is the decreased penalties for the possession of, or distribution without remuneration of, a small amount of plant-form Marijuana. This provision does not include Tetrahydrocannabinols. The statute specifically excludes the “resinous form” of Marijuana from inclusion in the definition.
Possession, distribution without remuneration, or sale of less than 5kg of Tetrahydrocannabinols is therefore subject to a term of incarceration not to exceed 5 years, and a fine not to exceed $10,000. For any of the above crimes, if a person has previously been convicted of a drug crime, the maximum period of incarceration and the maximum fine both double and a mandatory minimum of 6 months imprisonment is imposed.

Minnesota Paraphernalia Laws

Possession of paraphernalia is a misdemeanor punishable by a maximum fine of $300.

Section 152.092 of the Minnesota Statutes

Updated on November 30, 2018

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Offense	Penalty	Incarceration	Max. Fine
Possession
Less than 42.5 g*	Misdemeanor	N/A	$200
42.5 g – 10 kg	Felony	5 years	$5,000
10 – 50 kg	Felony	20 years	$250,000
50 – 100 kg	Felony	25 years	$500,000
More than 100 kg	Felony	30 years	$1,000,000
More than 1.4 grams inside one’s vehicle (except the trunk)	Misdemeanor	90 days	$1,000
* A conditional discharge is possible for first time offenders.
* There is a possible drug education course requirement.
Sale or Distribution
Less than 42.5 g* without remuneration	Misdemeanor	N/A	$200
42.5 g – 5 kg	Felony	5 years	$10,000
5 – 25 kg	Felony	20 years	$250,000
25 – 50 kg	Felony	25 years	$500,000
More than 50 kg	Felony	30 years	$1,000,000
Importing 50 kilograms or more	Felony	35 years	$1,250,000
To a minor	Felony	20 years	$250,000
Within a school zone or other specified areas	Felony	15 years	$100,000
More than 25 kg in a school zone	Felony	30 years	$1,000,000
* There is a possible drug education course requirement.
Hash & Concentrates
Penalties for hashish and marijuana are generally treated equally under the law.
Paraphernalia
Possession of paraphernalia.	Misdemeanor	N/A	$300
Miscellaneous
Conviction for possession or sale while driving may result in a 30 day driver’s license suspension.

Minnesota

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MN Marijuana Laws