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hugerunt
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 16 Nov 2005
Posts: 23
Location: Minnesota USA

PostPosted: Sat Feb 25, 2006 4:07 am    Post subject: minnesotas medical marijuana bill Reply with quote

1.1 A bill for an act
1.2 relating to health; providing for the medical use of
1.3 marijuana; providing civil and criminal penalties;
1.4 proposing coding for new law in Minnesota Statutes,
1.5 chapter 152.
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [152.22] [DEFINITIONS.]
1.8 Subdivision 1. [APPLICABILITY.] For purposes of sections
1.9 152.22 to 152.31, the terms defined in this section have the
1.10 meanings given them.
1.11 Subd. 2. [COMMISSIONER.] "Commissioner" means the
1.12 commissioner of health.
1.13 Subd. 3. [DEBILITATING MEDICAL CONDITION.] "Debilitating
1.14 medical condition" means:
1.15 (1) cancer, glaucoma, acquired immune deficiency syndrome,
1.16 hepatitis C, or the treatment of these conditions;
1.17 (2) a chronic or debilitating disease or medical condition
1.18 or its treatment that produces one or more of the following:
1.19 cachexia or wasting syndrome; severe or chronic pain; severe
1.20 nausea; seizures, including but not limited to those
1.21 characteristic of epilepsy; severe and persistent muscle spasms,
1.22 including but not limited to those characteristic of multiple
1.23 sclerosis and Crohn's disease; or agitation of Alzheimer's
1.24 disease;
1.25 (3) the condition of an HIV-positive patient when the
2.1 patient's condition has worsened and the patient's physician
2.2 believes the patient could benefit from consumption of
2.3 marijuana; or
2.4 (4) any other medical condition or its treatment approved
2.5 by the commissioner under section 152.24.
2.6 Subd. 4. [MEDICAL USE.] "Medical use" means the
2.7 acquisition, possession, cultivation, manufacture, use,
2.8 delivery, transfer, or transportation of marijuana or
2.9 paraphernalia relating to the consumption of marijuana to
2.10 alleviate a registered qualifying patient's debilitating medical
2.11 condition or symptoms associated with the medical condition.
2.12 Subd. 5. [PRACTITIONER.] "Practitioner" means a person who
2.13 is licensed with the authority to prescribe drugs under section
2.14 151.01, subdivision 23.
2.15 Subd. 6. [PRIMARY SUPPLIER.] "Primary supplier" means a
2.16 person who is at least 18 years old and who has agreed to assist
2.17 with a qualifying patient's medical use of marijuana. A primary
2.18 supplier may assist no more than five qualifying patients with
2.19 their medical use of marijuana.
2.20 Subd. 7. [QUALIFYING PATIENT.] "Qualifying patient" means
2.21 a person who has been diagnosed by a practitioner as having a
2.22 debilitating medical condition.
2.23 Subd. 8. [REGISTRY IDENTIFICATION CARD.] "Registry
2.24 identification card" means a document issued by the commissioner
2.25 that identifies a person as a qualifying patient or primary
2.26 supplier.
2.27 Subd. 9. [USABLE MARIJUANA.] "Usable marijuana" means the
2.28 dried leaves and flowers of the marijuana plant, and any mixture
2.29 or preparation thereof, but does not include the seeds, stalks,
2.30 and roots of the plant.
2.31 Subd. 10. [WRITTEN CERTIFICATION.] "Written certification"
2.32 means the qualifying patient's medical records, or a statement
2.33 signed by a practitioner, stating that in the practitioner's
2.34 professional opinion the potential benefits of the medical use
2.35 of marijuana would likely outweigh the health risks for the
2.36 qualifying patient. A written certification shall only be made
3.1 in the course of a bona fide practitioner-patient relationship
3.2 after the practitioner has completed a full assessment of the
3.3 qualifying patient's medical history. The written certification
3.4 shall specify the qualifying patient's debilitating medical
3.5 condition or conditions.
3.6 Sec. 2. [152.23] [PROTECTIONS FOR THE MEDICAL USE OF
3.7 MARIJUANA.]
3.8 Subdivision 1. [QUALIFYING PATIENT.] A qualifying patient
3.9 who has a registry identification card in possession shall not
3.10 be subject to arrest, prosecution, or penalty in any manner or
3.11 denied any right or privilege, including but not limited to
3.12 civil penalty or disciplinary action by a business,
3.13 occupational, or professional licensing board or bureau, for the
3.14 medical use of marijuana, provided that the qualifying patient
3.15 possesses an amount of marijuana that does not exceed 12
3.16 marijuana plants and 2.5 ounces of usable marijuana.
3.17 Subd. 2. [PRIMARY SUPPLIER.] A primary supplier who has a
3.18 registry identification card in possession shall not be subject
3.19 to arrest, prosecution, or penalty in any manner or denied any
3.20 right or privilege, including but not limited to civil penalty
3.21 or disciplinary action by a business, occupational, or
3.22 professional licensing board or bureau, for assisting a
3.23 qualifying patient to whom the supplier is connected through the
3.24 commissioner's registration process with the medical use of
3.25 marijuana, provided that the primary supplier possesses an
3.26 amount of marijuana that does not exceed 12 marijuana plants and
3.27 2.5 ounces of usable marijuana for each qualifying patient to
3.28 whom the supplier is connected through the commissioner's
3.29 registration process.
3.30 Subd. 3. [DISCRIMINATION PROHIBITED.] No school, employer,
3.31 or landlord may refuse to enroll, employ, lease to, or otherwise
3.32 penalize a person solely for the person's status as a registered
3.33 qualifying patient or a registered primary supplier.
3.34 Subd. 4. [PRESUMPTION.] (a) There is a presumption that a
3.35 qualifying patient or primary supplier is engaged in the medical
3.36 use of marijuana if the qualifying patient or primary supplier:
4.1 (1) is in possession of a registry identification card; and
4.2 (2) is in possession of an amount of marijuana that does
4.3 not exceed the amount permitted under sections 152.22 to 152.31.
4.4 (b) The presumption may be rebutted by evidence that
4.5 conduct related to marijuana was not for the purpose of
4.6 alleviating the qualifying patient's debilitating medical
4.7 condition or symptoms associated with the medical condition.
4.8 Subd. 5. [SUPPLIER'S REIMBURSEMENT.] A primary supplier
4.9 may receive reimbursement for costs associated with assisting
4.10 with a registered qualifying patient's medical use of marijuana.
4.11 Compensation does not constitute sale of controlled substances.
4.12 Subd. 6. [PRACTITIONER.] A practitioner shall not be
4.13 subject to arrest, prosecution, or penalty in any manner or
4.14 denied any right or privilege, including but not limited to
4.15 civil penalty or disciplinary action by the Board of Medical
4.16 Practice or by another business, occupational, or professional
4.17 licensing board or bureau, solely for providing written
4.18 certifications or otherwise stating that, in the practitioner's
4.19 professional opinion, the potential benefits of the medical use
4.20 of marijuana would likely outweigh the health risks for a
4.21 patient.
4.22 Subd. 7. [PROPERTY RIGHTS.] (a) Any interest in or right
4.23 to property that is possessed, owned, or used in connection with
4.24 the medical use of marijuana, or acts incidental to such use, is
4.25 not forfeited.
4.26 (b) A law enforcement agency that seizes and does not
4.27 return usable marijuana to a registered qualifying patient or a
4.28 registered primary supplier is liable to the cardholder for the
4.29 fair market value of the marijuana.
4.30 Subd. 8. [ARREST AND PROSECUTION PROHIBITED.] No person is
4.31 subject to arrest or prosecution for constructive possession,
4.32 conspiracy, aiding and abetting, being an accessory, or any
4.33 other offense for being in the presence or vicinity of the
4.34 medical use of marijuana as permitted under sections 152.22 to
4.35 152.31 or for assisting a registered qualifying patient with
4.36 using or administering marijuana.
5.1 Subd. 9. [RECIPROCITY.] A registry identification card, or
5.2 its equivalent, issued under the laws of another state, United
5.3 States territory, or the District of Columbia to permit the
5.4 medical use of marijuana by a qualifying patient, or to permit a
5.5 person to assist with a qualifying patient's medical use of
5.6 marijuana, shall have the same force and effect as a registry
5.7 identification card issued by the commissioner.
5.8 Sec. 3. [152.24] [RULEMAKING.]
5.9 (a) Not later than 90 days after the effective date of this
5.10 section, the commissioner shall adopt rules governing the manner
5.11 in which the commissioner shall consider petitions from the
5.12 public to add debilitating medical conditions to those included
5.13 under section 152.22, subdivision 3. When considering
5.14 petitions, the commissioner shall give public notice of and an
5.15 opportunity to comment at a public hearing upon the petitions.
5.16 The commissioner shall, after a public hearing, approve or deny
5.17 petitions within 180 days of submission. The approval or denial
5.18 of a petition is a final agency action, subject to judicial
5.19 review. Jurisdiction and venue for judicial review are vested
5.20 in the district court. The denial of a petition does not
5.21 disqualify qualifying patients with that condition if they have
5.22 a debilitating medical condition. The denial of a petition does
5.23 not prevent a person with the denied condition from raising an
5.24 affirmative defense.
5.25 (b) Not later than 90 days after the effective date of this
5.26 section, the commissioner shall adopt rules governing the manner
5.27 in which the commissioner shall consider applications for and
5.28 renewals of registry identification cards for qualifying
5.29 patients and primary suppliers. Notwithstanding section
5.30 16A.1283, the commissioner shall establish application and
5.31 renewal fees that generate revenues sufficient to offset all
5.32 expenses of implementing and administering sections 152.22 to
5.33 152.31. The commissioner may vary the application and renewal
5.34 fees along a sliding scale that accounts for a qualifying
5.35 patient's income. The commissioner may accept donations from
5.36 private sources to reduce the application and renewal fees.
6.1 Sec. 4. [152.25] [REGISTRY IDENTIFICATION CARDS;
6.2 ISSUANCE.]
6.3 Subdivision 1. [REQUIREMENTS; ISSUANCE.] (a) The
6.4 commissioner shall issue registry identification cards to
6.5 qualifying patients who submit:
6.6 (1) a written certification;
6.7 (2) the application or renewal fee;
6.8 (3) the name, address, and date of birth of the qualifying
6.9 patient, except that if the applicant is homeless, no address is
6.10 required;
6.11 (4) the name, address, and telephone number of the
6.12 qualifying patient's practitioner; and
6.13 (5) the name, address, and date of birth of each primary
6.14 supplier of the qualifying patient, if any.
6.15 (b) The commissioner shall not issue a registry
6.16 identification card to a qualifying patient under the age of 18
6.17 unless:
6.18 (1) the qualifying patient's practitioner has explained the
6.19 potential risks and benefits of the medical use of marijuana to
6.20 the qualifying patient and to a parent, guardian, or person
6.21 having legal custody of the qualifying patient; and
6.22 (2) a parent, guardian, or person having legal custody
6.23 consents in writing to:
6.24 (i) allow the qualifying patient's medical use of
6.25 marijuana;
6.26 (ii) serve as one of the qualifying patient's primary
6.27 suppliers; and
6.28 (iii) control the acquisition of marijuana, the dosage, and
6.29 the frequency of the medical use of marijuana by the qualifying
6.30 patient.
6.31 (c) The commissioner shall verify the information contained
6.32 in an application or renewal submitted under this section and
6.33 shall approve or deny an application or renewal within 15 days
6.34 of receiving it. The commissioner may deny an application or
6.35 renewal only if the applicant did not provide the information
6.36 required under this section or if the commissioner determines
7.1 that the information provided was falsified. Rejection of an
7.2 application or renewal is a final agency action, subject to
7.3 judicial review. Jurisdiction and venue for judicial review are
7.4 vested in the district court.
7.5 (d) The commissioner shall issue a registry identification
7.6 card to each primary supplier, if any, who is named in a
7.7 qualifying patient's approved application, up to a maximum of
7.8 two primary suppliers per qualifying patient.
7.9 (e) The commissioner shall issue a registry identification
7.10 card within five days of approving an application or renewal.
7.11 The card expires one year after the date of issuance. A
7.12 registry identification card shall contain:
7.13 (1) the name, address, and date of birth of the qualifying
7.14 patient;
7.15 (2) the name, address, and date of birth of each primary
7.16 supplier of the qualifying patient, if any;
7.17 (3) the date of issuance and expiration date of the
7.18 registry identification card;
7.19 (4) a random registry identification number; and
7.20 (5) a photograph, if the commissioner adopts rules to
7.21 require one.
7.22 Subd. 2. [NOTIFICATION OF CHANGES; PENALTIES.] (a) A
7.23 qualifying patient who has been issued a registry identification
7.24 card shall notify the commissioner within ten days of any change
7.25 in the qualifying patient's name, address, or primary supplier
7.26 or if the qualifying patient ceases to have a debilitating
7.27 medical condition.
7.28 (b) Failure to notify the commissioner of a change as
7.29 required under paragraph (a) is a civil violation, punishable by
7.30 a fine of no more than $150. If the person has ceased to have a
7.31 debilitating medical condition, the card is null and void and
7.32 the person is liable for any other penalties that may apply to
7.33 the person's nonmedical use of marijuana.
7.34 (c) A registered primary supplier shall notify the
7.35 commissioner within ten days of any change in the supplier's
7.36 name or address. Failure to notify the commissioner of the
8.1 change is a civil violation, punishable by a fine of no more
8.2 than $150.
8.3 (d) When a qualifying patient or primary supplier notifies
8.4 the commissioner of any changes under this subdivision, the
8.5 commissioner shall issue the qualifying patient and each primary
8.6 supplier a new registry identification card within ten days of
8.7 receiving the updated information and a $10 fee.
8.8 (e) When a registered qualifying patient ceases to use the
8.9 assistance of a registered primary supplier, the commissioner
8.10 shall notify the primary supplier within ten days. The primary
8.11 supplier's protections as provided under section 152.23 expire
8.12 ten days after notification by the commissioner.
8.13 Subd. 3. [LOST CARDS.] If a registered qualifying patient
8.14 or a registered primary supplier loses a registry identification
8.15 card, the patient or supplier shall notify the commissioner and
8.16 submit a $10 fee within ten days of losing the card. Within
8.17 five days, the commissioner shall issue a new registry
8.18 identification card with a new random identification number.
8.19 Subd. 4. [CARD AS PROBABLE CAUSE.] Possession of, or
8.20 application for, a registry identification card does not
8.21 constitute probable cause or reasonable suspicion, nor shall it
8.22 be used to support search of the person or property of the
8.23 person possessing or applying for the registry identification
8.24 card, or otherwise subject the person or property of the person
8.25 to inspection by any governmental agency.
8.26 Subd. 5. [CONFIDENTIALITY.] (a) Registration applications
8.27 and supporting information submitted by qualifying patients,
8.28 including information regarding their primary suppliers and
8.29 practitioners, are confidential.
8.30 (b) The commissioner shall maintain a confidential list of
8.31 the persons to whom the commissioner has issued registry
8.32 identification cards. Individual names and other identifying
8.33 information on the list are private data on individuals under
8.34 chapter 13 and are not subject to disclosure, except to
8.35 authorized employees of the Department of Health as necessary to
8.36 perform official duties of the department.
9.1 (c) The commissioner shall verify to law enforcement
9.2 personnel whether a registry identification card is valid solely
9.3 by confirming the random registry identification card number.
9.4 (d) It is a crime, punishable by up to 180 days in jail and
9.5 a $1,000 fine, for a person, including an employee or official
9.6 of the Department of Health or another state agency or local
9.7 government, to breach the confidentiality of information
9.8 obtained under sections 152.22 to 152.31. Notwithstanding this
9.9 paragraph, employees of the Department of Health may notify law
9.10 enforcement about falsified or fraudulent information submitted
9.11 to the commissioner.
9.12 Subd. 6. [REPORT.] The commissioner shall report annually
9.13 to the legislature on the number of applications for registry
9.14 identification cards, the number of qualifying patients and
9.15 primary suppliers approved, the nature of the debilitating
9.16 medical conditions of the qualifying patients, the number of
9.17 registry identification cards revoked, and the number of
9.18 practitioners providing written certification for qualifying
9.19 patients. The commissioner shall not provide any identifying
9.20 information of qualifying patients, primary suppliers, or
9.21 practitioners.
9.22 Sec. 5. [152.26] [CONSTRUCTION.]
9.23 (a) Sections 152.22 to 152.31 do not permit:
9.24 (1) a person to undertake a task under the influence of
9.25 marijuana, when doing so would constitute negligence or
9.26 professional malpractice;
9.27 (2) smoking of marijuana:
9.28 (i) in a school bus or other form of public transportation;
9.29 (ii) on school grounds;
9.30 (iii) in a correctional facility; or
9.31 (iv) in any public place; and
9.32 (3) a person to operate, navigate, or be in actual physical
9.33 control of any motor vehicle, aircraft, or motorboat while under
9.34 the influence of marijuana. However, a registered qualifying
9.35 patient shall not be considered to be under the influence solely
9.36 for having marijuana metabolites in the patient's system.
10.1 (b) Nothing in sections 152.22 to 152.31 shall be construed
10.2 to require:
10.3 (1) a government medical assistance program or private
10.4 health insurer to reimburse a person for costs associated with
10.5 the medical use of marijuana; or
10.6 (2) an employer to accommodate the medical use of marijuana
10.7 in any workplace.
10.8 Sec. 6. [152.27] [PENALTIES.]
10.9 Fraudulent representation to a law enforcement official of
10.10 any fact or circumstance relating to the medical use of
10.11 marijuana to avoid arrest or prosecution is punishable by a fine
10.12 of $500, which shall be in addition to any other penalties that
10.13 may apply for making a false statement and for the nonmedical
10.14 use of marijuana.
10.15 Sec. 7. [152.28] [AFFIRMATIVE DEFENSE AND DISMISSAL FOR
10.16 MEDICAL USE OF MARIJUANA.]
10.17 (a) Except as provided in section 152.27, a person and a
10.18 person's primary supplier, if any, may assert the medical
10.19 purpose for using marijuana as a defense to any prosecution
10.20 involving marijuana, and such defense shall be presumed valid
10.21 where the evidence shows that:
10.22 (1) the person's medical records indicate, or a
10.23 practitioner has stated that, in the practitioner's professional
10.24 opinion, after having completed a full assessment of the
10.25 person's medical history and current medical condition made in
10.26 the course of a bona fide practitioner-patient relationship, the
10.27 potential benefits of using marijuana for medical purposes would
10.28 likely outweigh the health risks for the person; and
10.29 (2) the person and the person's primary supplier, if any,
10.30 were collectively in possession of a quantity of marijuana that
10.31 was not more than was reasonably necessary to ensure the
10.32 uninterrupted availability of marijuana for the purpose of
10.33 alleviating the person's medical condition or symptoms
10.34 associated with the medical condition.
10.35 (b) A person may assert the medical purpose for using
10.36 marijuana in a motion to dismiss and the charges shall be
11.1 dismissed following an evidentiary hearing when the defendant
11.2 shows the elements listed in paragraph (a).
11.3 (c) Any interest in or right to property that was
11.4 possessed, owned, or used in connection with a person's use of
11.5 marijuana for medical purposes is not forfeited if the person or
11.6 the person's primary supplier demonstrates the person's medical
11.7 purpose for using marijuana pursuant to sections 152.22 to
11.8 152.31.
11.9 Sec. 8. [152.30] [SEVERABILITY.]
11.10 Any provision of sections 152.22 to 152.31 being held
11.11 invalid as to any person or circumstances shall not affect the
11.12 application of any other provision of sections 152.22 to 152.31
11.13 that can be given full effect without the invalid section or
11.14 application.
11.15 Sec. 9. [152.31] [REGISTERED ORGANIZATION.]
11.16 Subdivision 1. [DEFINITION.] For purposes of this section,
11.17 "registered organization" means a nonprofit entity registered
11.18 with the commissioner under this section that acquires,
11.19 possesses, cultivates, manufactures, delivers, transfers,
11.20 transports, supplies, or dispenses marijuana, cultivation
11.21 equipment, related supplies and educational materials, or
11.22 marijuana seeds to registered qualifying patients and their
11.23 registered primary suppliers. A registered organization is a
11.24 primary supplier, although it may supply marijuana to any number
11.25 of registered qualifying patients who have designated it as one
11.26 of their primary suppliers.
11.27 Subd. 2. [REGISTRATION REQUIREMENTS.] (a) The commissioner
11.28 shall issue a registered organization license within 20 days to
11.29 any person who complies with rules adopted by the commissioner
11.30 and provides:
11.31 (1) a fee in an amount established by the commissioner
11.32 notwithstanding section 16A.1283, which shall not exceed $1,000;
11.33 (2) the name of the registered organization;
11.34 (3) the physical addresses of the registered organization
11.35 and any other real property where marijuana is to be possessed,
11.36 cultivated, manufactured, supplied, or dispensed relating to the
12.1 operations of the registered organization; and
12.2 (4) the name, address, and date of birth of any person who
12.3 is an agent of or employed by the registered organization.
12.4 (b) The commissioner shall issue each agent and employee of
12.5 a registered organization a registry identification card for a
12.6 cost of $10 each within ten days of receipt of the person's
12.7 identifying information and the fee. Each card shall specify
12.8 that the cardholder is an employee or agent of a registered
12.9 organization.
12.10 Subd. 3. [EXPIRATION.] A license for a registered
12.11 organization and each employee or agent registry identification
12.12 card expires one year after the date of issuance.
12.13 Subd. 4. [RULEMAKING.] Not later than 90 days after the
12.14 effective date of this section, the commissioner shall adopt
12.15 rules to implement this section, including:
12.16 (1) procedures for the oversight of registered
12.17 organizations, record keeping and reporting requirements for
12.18 registered organizations, procedures for the transference or
12.19 sale of seized cultivation equipment and related supplies from
12.20 law enforcement agencies to registered organizations, and
12.21 procedures for suspending or terminating the licenses of
12.22 registered organizations; and
12.23 (2) the form and content of the license and renewal
12.24 applications.
12.25 Subd. 5. [INSPECTION.] Registered organizations are
12.26 subject to reasonable inspection by the commissioner to
12.27 determine that applicable rules are being followed. Reasonable
12.28 notice shall be given prior to the inspections.
12.29 Subd. 6. [ORGANIZATION REQUIREMENTS.] (a) Registered
12.30 organizations must be established as nonprofit entities.
12.31 Registered organizations are subject to all applicable state
12.32 laws governing nonprofit entities, but need not be recognized as
12.33 a 501(c)(3) organization by the Internal Revenue Service.
12.34 (b) Registered organizations may not be located within 500
12.35 feet of the property line of a public school, private school, or
12.36 structure used primarily for religious services or worship.
13.1 (c) The operating documents of a registered organization
13.2 shall include procedures for the oversight of the registered
13.3 organization and procedures to ensure adequate record keeping.
13.4 (d) A registered organization shall notify the commissioner
13.5 within ten days of when an employee or agent ceases to work at
13.6 the registered organization.
13.7 (e) The registered organization shall notify the
13.8 commissioner before a new agent or employee begins working at
13.9 the registered organization, in writing, and the organization
13.10 shall submit a $10 fee for the person's registry identification
13.11 card.
13.12 (f) No registered organization shall be subject to
13.13 prosecution, search, seizure, or penalty in any manner or denied
13.14 any right or privilege, including but not limited to civil
13.15 penalty or disciplinary action by a business, occupational, or
13.16 professional licensing board or bureau, for acting according to
13.17 sections 152.22 to 152.31 and rules adopted thereunder to assist
13.18 registered qualifying patients to whom it is connected through
13.19 the commissioner's registration process with the medical use of
13.20 marijuana, provided that the registered organization possesses
13.21 an amount of marijuana that does not exceed 12 marijuana plants
13.22 and 2.5 ounces of usable marijuana for each registered
13.23 qualifying patient.
13.24 (g) No employees, agents, or board members of a registered
13.25 organization shall be subject to arrest, prosecution, search,
13.26 seizure, or penalty in any manner or denied any right or
13.27 privilege, including but not limited to civil penalty or
13.28 disciplinary action by a business, occupational, or professional
13.29 licensing board or bureau, for working for a registered
13.30 organization according to sections 152.22 to 152.31.
13.31 (h) The registered organization is prohibited from:
13.32 (1) obtaining marijuana from outside the state in violation
13.33 of federal law; or
13.34 (2) acquiring, possessing, cultivating, manufacturing,
13.35 delivering, transferring, transporting, supplying, or dispensing
13.36 marijuana for any purpose except to assist registered qualifying
14.1 patients with the medical use of marijuana directly or through
14.2 the qualifying patients' other primary suppliers.
14.3 (i) A municipality may not prevent a registered
14.4 organization from operating according to sections 152.22 to
14.5 152.31 in an area where zoning permits retail businesses.
14.6 (j) If provisions of this section are enjoined or declared
14.7 unconstitutional, then enforcing laws against delivery of
14.8 marijuana for consideration to registered qualifying patients
14.9 shall be the lowest priority of law enforcement.
14.10 Sec. 10. [EFFECTIVE DATE.]
14.11 Sections 1 to 9 are effective the day following final
14.12 enactment.
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hugerunt
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 16 Nov 2005
Posts: 23
Location: Minnesota USA

PostPosted: Sat Mar 18, 2006 8:06 am    Post subject: Minnesota pass medical marijuana Reply with quote

for immediate releaseMarch 16, 2006
Minnesota Senate Judiciary Committee
Passes Medical Marijuana Bill 5-4
ST. PAUL, MINNESOTA – The Minnesota Senate Judiciary Committee today approved Sen. Steve Kelley's (DFL-Hopkins) medical marijuana bill by a vote of 5-4. The bill, S.F. 1973, would eliminate criminal penalties for seriously ill individuals who use medical marijuana with a doctor’s recommendation.

The bipartisan bill, which is co-sponsored by Sens. Yvonne Prettner Solon (DFL-Duluth), Bob Kierlin (R-Winona), and John Marty (DFL- Roseville), was originally introduced in 2005, and was passed by the Senate Health and Family Security Committee by a 5-2 vote. It was then referred to the Senate Judiciary Committee, where it was carried over until 2006. The Senate Judiciary Committee first voted 4-4 (with one committee member absent) on the bill on March 2, after hearing testimony from three medical marijuana patients, two former legislators, and Sen. Kelley.

"Patients battling cancer, multiple sclerosis, AIDS or other painful and deadly illnesses should not have to risk arrest and jail if their doctor believes marijuana may ease their suffering," Kelley told the committee. "This legislation protects the sick, while establishing sensible controls."

The committee re-voted today, and approved the bill. It was then referred to the Senate Crime Prevention and Public Safety Committee. Rep. Tom Huntley's (DFL-Duluth) companion bill to S.F. 1973, H.F. 2151, was referred to the House Health Policy and Finance Committee last year, where it remains to be heard.

A statewide poll conducted by Zogby International in February 2005 showed that Minnesotans support medical marijuana by a 2-1 margin. The Minnesota Nurses Association, Minnesota Public Health Association, Minnesota AIDS Project, and Minnesota Senior Federation have all publicly expressed their support for the bill.

"I have tried numerous prescription medicines to alleviate pain and nausea but achieved little or no relief, not to mention unhealthy side effects. Marijuana has been the only medicine I have found to ease my pain and restore my appetite." said Don Haumant, a Minnesota resident who has been living with liver disease for more than 30 years. "When I use a small amount of medical marijuana, my body does not know my actions are not okay under Minnesota law. What is clear is that I look and feel healthier."

Earlier this year, Rhode Island was the 11th state to pass legislation that protects medical marijuana patients from arrest and incarceration. Medical marijuana legislation is currently pending in 11 states, including Minnesota. For more information, visit www.minnesotacares.org.
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hugerunt
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 16 Nov 2005
Posts: 23
Location: Minnesota USA

PostPosted: Mon Mar 27, 2006 10:33 pm    Post subject: passed the Crime Prevention and Public Safety Committee Reply with quote

Dear Friends:

Minnesota is pleased to report that Senate File 1973, a bill to protect
authorized medical marijuana patients from criminal arrest and prosecution
in Minnesota, passed the Crime Prevention and Public Safety Committee by a
party-line vote of 6-5, and will now be heard by the Senate Finance
Committee. The Finance Committee is the final hurdle the bill must pass
through before reaching the Senate floor.
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Torkel
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 23 Nov 2004
Posts: 1396
Location: West Virginia, USA

PostPosted: Mon Mar 27, 2006 11:03 pm    Post subject: Reply with quote

^^Good to hear it's going well.

Peace,
Torkel Cool
_________________
Miller vs U.S. (230 F 2nd 486,489): "The claim and exercise of a Constitutional right cannot be converted into a crime."

Miranda vs Arizona (384 U.S. 436, 125): "Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them."

HAGANS vs LAVINE (415 US 533 N-3,note 5): "Once JURISDICTION is challenged it must be proven by the Plaintiff."
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