The Medical Cannabis Program (S.F. 2470) was signed into law on May 29, 2014, by the State Governor after it had been approved by both Senate and the House. The statute was made effective May 30, 2014. The program is administered by the Minnesota Department of Health (MDH or Department) which, mandated under the law, established the Patient Registry Program through which qualifying patients, designated caregivers, and physicians can enroll in the program.
The law provides that patients who have been diagnosed with any of the qualifying conditions specified under the law may apply in the program registry to use cannabis for medical purposes. In addition to qualifying conditions already included in the statute, the Department will consider intractable pain and other conditions in the coverage of the medical cannabis act not later than July 1, 2016.
Caregiver Laws
A caregiver is a person designated by a qualifying patient if the patient is physically disabled or requires assistance with the use or acquisition of medical cannabis from distribution facility. The designation of a caregiver requires the certification of the patient’s physician or health worker and a signed written agreement to be the patient’s caregiver.
The basic qualifications for registration of a designated caregiver are the following:
- At least 21 years old or older
- Not currently serving as caregiver for another qualifying patient, unless the patients reside in the same residence
- Must undergo criminal background check to show the designated caregiver does not have any conviction for disqualifying felony offense.
Dispensary Laws
The state medical cannabis law does not provide for the establishment and operation of dispensaries. What the law prescribes are medical cannabis manufacturers (MCMs), which are licensed and registered by the Department (Minnesota Department of Health or “MDH”) to grow, cultivate, acquire, supply, and dispense medical marijuana and related devices to qualifying patients and designated caregivers.
Other than the site or address where cultivation, harvesting, and processing are being done, manufacturers can also operate four (4) distribution facilities which sell, distribute, and dispense medical cannabis to registered patients or caregivers. A manufacturer is required to start distribution of medical cannabis from at least one distribution center by July 1, 2015. The Department shall determine the number and the locations of manufacturers convenient for the patients registered in the program.
Growing Laws
The medical cannabis law provides that only manufacturers licensed and registered by the Minnesota Department of Health (MDH or “Department”) may grow, cultivate, acquire, supply, and dispense medical marijuana and related devices. Qualifying patients or designated caregivers are not allowed to grow or cultivate medical cannabis.