1.1Senator Abeler moved to amend
H.F. No. 4757, the first unofficial engrossment,
1.2as follows:
1.3Page 25, lines 4 and 5, strike "21" and insert "
25"
1.4Page 37, line 24, strike "21" and insert "
25"
1.5Page 41, lines 22 and 30, strike "21" and insert "
25"
1.6Page 42, lines 14 and 30, strike "21" and insert "
25"
1.7Page 57, line 9, strike "21" and insert "
25"
1.8Page 70, line 2, strike "21" and insert "
25"
1.9Page 71, lines 3, 4, 5, 7, and 11, strike "21" and insert "
25"
1.10Page 72, after line 3, insert:
1.11 "Sec. 76. Minnesota Statutes 2023 Supplement, section 342.26, subdivision 3, is amended
1.12to read:
1.13 Subd. 3.
Extraction and concentration. (a) A business licensed or authorized to
1.14manufacture cannabis products that creates cannabis concentrate, hemp concentrate,
or
1.15artificially derived cannabinoids must obtain an endorsement from the office.
1.16(b) A business licensed or authorized to manufacture cannabis products must inform
the
1.17office of all methods of extraction and concentration that the manufacturer intends
to use
1.18and identify the volatile chemicals, if any, that will be involved in the creation
of cannabis
1.19concentrate or hemp concentrate. A cannabis manufacturer may not use a method of
1.20extraction and concentration or a volatile chemical without approval by the office.
1.21(c) A business licensed or authorized to manufacture cannabis products must inform
the
1.22office of all methods of conversion that the manufacturer will use, including any
specific
1.23catalysts that the manufacturer will employ, to create artificially derived cannabinoids
and
1.24the molecular nomenclature of all cannabinoids or other chemical compounds that the
1.25manufacturer will create. A business licensed or authorized to manufacture cannabis
products
1.26may not use a method of conversion or a catalyst without approval by the office.
1.27(d) A business licensed or authorized to manufacture cannabis products must obtain
a
1.28certification from an independent third-party industrial hygienist or professional
engineer
1.29approving:
1.30(1) all electrical, gas, fire suppression, and exhaust systems; and
2.1(2) the plan for safe storage and disposal of hazardous substances, including but
not
2.2limited to any volatile chemicals.
2.3(e) A business licensed or authorized to manufacture cannabis products that manufactures
2.4cannabis concentrate from cannabis flower received from an unlicensed person who is
at
2.5least
21 25 years of age must comply with all health and safety requirements established
2.6by the office. At a minimum, the office shall require the manufacturer to:
2.7(1) store the cannabis flower in an area that is segregated from cannabis flower and
hemp
2.8plant parts received from a licensed cannabis business;
2.9(2) perform the extraction and concentration on equipment that is used exclusively
for
2.10extraction or concentration of cannabis flower received from unlicensed individuals;
2.11(3) store any cannabis concentrate in an area that is segregated from cannabis concentrate,
2.12hemp concentrate, or artificially derived cannabinoids derived or manufactured from
cannabis
2.13flower or hemp plant parts received from a licensed cannabis business; and
2.14(4) provide any cannabis concentrate only to the person who provided the cannabis
2.15flower.
2.16(f) Upon the sale of cannabis concentrate, hemp concentrate, or artificially derived
2.17cannabinoids to any person, cooperative, or business, a business licensed or authorized
to
2.18manufacture cannabis products must provide a statement to the buyer that discloses
the
2.19method of extraction and concentration or conversion used and any solvents, gases,
or
2.20catalysts, including but not limited to any volatile chemicals, involved in that method.
2.21 Sec. 77. Minnesota Statutes 2023 Supplement, section 342.27, subdivision 2, is amended
2.22to read:
2.23 Subd. 2.
Sale of cannabis and cannabinoid products. (a) A cannabis business with a
2.24license or endorsement authorizing the retail sale of cannabis flower or cannabis
products
2.25may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use
2.26cannabis products, lower-potency hemp edibles, and hemp-derived consumer products
to
2.27individuals who are at least
21 25 years of age.
2.28(b) A cannabis business with a license or endorsement authorizing the retail sale
of
2.29adult-use cannabis flower or adult-use cannabis products may sell immature cannabis
plants
2.30and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency
hemp
2.31edibles, and hemp-derived consumer products that:
2.32(1) are obtained from a business licensed under this chapter; and
3.1(2) meet all applicable packaging and labeling requirements.
3.2(c) A cannabis business with a license or endorsement authorizing the retail sale
of
3.3cannabis flower or cannabis products may sell up to two ounces of adult-use cannabis
flower
3.4or hemp-derived consumer products consisting primarily of hemp plant parts, up to
eight
3.5grams of adult-use cannabis concentrate or hemp-derived consumer products consisting
3.6primarily of hemp concentrate or artificially derived cannabinoids, and edible cannabis
3.7products and lower-potency hemp edibles infused with up to 800 milligrams of
3.8tetrahydrocannabinol during a single transaction to a customer.
3.9(d) Edible adult-use cannabis products and hemp-derived consumer products intended
3.10to be eaten may not include more than ten milligrams of tetrahydrocannabinol per serving
3.11and a single package may not include more than a total of 200 milligrams of
3.12tetrahydrocannabinol. A package may contain multiple servings of ten milligrams of
3.13tetrahydrocannabinol provided that each serving is indicated by scoring, wrapping,
or other
3.14indicators designating the individual serving size.
3.15(e) Edible adult-use cannabis products and hemp-derived consumer products intended
3.16to be consumed as beverages may not include more than ten milligrams of
3.17tetrahydrocannabinol per serving. A single beverage container may not contain more
than
3.18two servings.
3.19 Sec. 78. Minnesota Statutes 2023 Supplement, section 342.27, subdivision 3, is amended
3.20to read:
3.21 Subd. 3.
Sale of other products. (a) A cannabis business with a license or endorsement
3.22authorizing the retail sale of cannabis flower or cannabis products may sell cannabis
3.23paraphernalia, including but not limited to childproof packaging containers and other
devices
3.24designed to ensure the safe storage and monitoring of cannabis flower, cannabis products,
3.25lower-potency hemp edibles, and hemp-derived consumer products in the home to prevent
3.26access by individuals under
21 25 years of age.
3.27(b) A cannabis business with a license or endorsement authorizing the retail sale
of
3.28cannabis flower or cannabis products may sell hemp-derived topical products.
3.29(c) A cannabis business with a license or endorsement authorizing the retail sale
of
3.30cannabis flower or cannabis products may sell the following products that do not contain
3.31cannabis flower, cannabis concentrate, hemp concentrate, artificially derived cannabinoids,
3.32or tetrahydrocannabinol:
4.1(1) drinks that do not contain alcohol and are packaged in sealed containers labeled
for
4.2retail sale;
4.3(2) books and videos on the cultivation and use of cannabis flower and products that
4.4contain cannabinoids;
4.5(3) magazines and other publications published primarily for information and education
4.6on cannabis plants, cannabis flower, and products that contain cannabinoids;
4.7(4) multiple-use bags designed to carry purchased items;
4.8(5) clothing marked with the specific name, brand, or identifying logo of the retailer;
4.9(6) hemp fiber products and products that contain hemp grain; and
4.10(7) products that detect the presence of fentanyl or a fentanyl analog.
4.11 Sec. 79. Minnesota Statutes 2023 Supplement, section 342.27, subdivision 4, is amended
4.12to read:
4.13 Subd. 4.
Age verification. (a) Prior to initiating a sale, an employee of a cannabis
4.14business with a license or endorsement authorizing the retail sale of cannabis flower
or
4.15cannabis products must verify that the customer is at least
21 25 years of age.
4.16(b) Proof of age may be established only by one of the following:
4.17(1) a valid driver's license or identification card issued by Minnesota, another state,
or
4.18a province of Canada, and including the photograph and date of birth of the licensed
person;
4.19(2) a valid Tribal identification card as defined in section
171.072, paragraph (b);
4.20(3) a valid passport issued by the United States;
4.21(4) a valid instructional permit issued under section
171.05 to a person of legal age to
4.22purchase adult-use cannabis flower or adult-use cannabis products, which includes
a
4.23photograph and the date of birth of the person issued the permit; or
4.24(5) in the case of a foreign national, by a valid passport.
4.25(c) A retailer may seize a form of identification listed under paragraph (b) if the
cannabis
4.26retailer has reasonable grounds to believe that the form of identification has been
altered or
4.27falsified or is being used to violate any law. A retailer that seizes a form of identification
4.28as authorized under this paragraph must deliver it to a law enforcement agency within
24
4.29hours of seizing it.
5.1 Sec. 80. Minnesota Statutes 2023 Supplement, section 342.27, subdivision 6, is amended
5.2to read:
5.3 Subd. 6.
Posting of notices. A cannabis business with a license or endorsement
5.4authorizing the retail sale of cannabis flower or cannabis products must post all
notices as
5.5required by the office, including but not limited to:
5.6(1) information about any product recall;
5.7(2) a statement that operating a motor vehicle under the influence of intoxicating
5.8cannabinoids is illegal; and
5.9(3) a statement that cannabis flower, cannabis products, lower-potency hemp edibles,
5.10and hemp-derived consumer products are only intended for consumption by individuals
5.11who are at least
21 25 years of age."
5.12Page 72, after line 32, insert:
5.13 "Sec. 83. Minnesota Statutes 2023 Supplement, section 342.28, subdivision 3, is amended
5.14to read:
5.15 Subd. 3.
Additional information required. In addition to the information required to
5.16be submitted under section
342.14, subdivision 1, and rules adopted pursuant to that section,
5.17a person, cooperative, or business seeking a cannabis microbusiness license must submit
5.18the following information in a form approved by the office:
5.19(1) an operating plan demonstrating the proposed layout of the facility, including
a
5.20diagram of ventilation and filtration systems; plans for wastewater and waste disposal
for
5.21any cultivation or manufacturing activities; plans for providing electricity, water,
and other
5.22utilities necessary for the normal operation of any cultivation or manufacturing activities;
5.23plans for compliance with applicable building codes and federal and state environmental
5.24and workplace safety requirements and policies; and plans to avoid sales to unlicensed
5.25cannabis businesses and individuals under
21 25 years of age;
5.26(2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest
5.27cannabis flower, a cultivation plan demonstrating the proposed size and layout of
the
5.28cultivation facility that will be used exclusively for cultivation, including the
total amount
5.29of plant canopy;
5.30(3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp
5.31concentrate, or artificial cannabinoids, information identifying all methods of extraction,
6.1concentration, or conversion that the applicant intends to use and the volatile chemicals
and
6.2catalysts, if any, that will be involved in extraction, concentration, or creation;
and
6.3(4) evidence that the applicant will comply with the applicable operation requirements
6.4for the license being sought.
6.5 Sec. 84. Minnesota Statutes 2023 Supplement, section 342.28, subdivision 10, is amended
6.6to read:
6.7 Subd. 10.
On-site consumption endorsement. (a) A cannabis microbusiness may permit
6.8on-site consumption of edible cannabis products and lower-potency hemp edibles on
a
6.9portion of its premises.
6.10(b) The portion of the premises in which on-site consumption is permitted must be
6.11definite and distinct from all other areas of the microbusiness and must be accessed
through
6.12a distinct entrance.
6.13(c) Edible cannabis products and lower-potency hemp edibles sold for on-site
6.14consumption must comply with this chapter and rules adopted pursuant to this chapter
6.15regarding the testing, packaging, and labeling of cannabinoid products.
6.16(d) Edible cannabinoid products and lower-potency hemp edibles sold for on-site
6.17consumption must be served in the required packaging but may be removed from the
6.18products' packaging by customers and consumed on site.
6.19(e) Food and beverages not otherwise prohibited by this subdivision may be prepared
6.20and sold on site provided that the cannabis microbusiness complies with all relevant
state
6.21and local laws, ordinances, licensing requirements, and zoning requirements.
6.22(f) A cannabis microbusiness shall ensure that the display and consumption of any
edible
6.23cannabis product or lower-potency hemp edible is not visible from outside of the licensed
6.24premises of the business.
6.25(g) A cannabis microbusiness may offer recorded or live entertainment, provided that
6.26the cannabis microbusiness complies with all relevant state and local laws, ordinances,
6.27licensing requirements, and zoning requirements.
6.28(h) A cannabis microbusiness may not:
6.29(1) sell an edible cannabis product or a lower-potency hemp edible to an individual
who
6.30is under
21 25 years of age;
6.31(2) permit an individual who is under
21 25 years of age to enter the premises;
7.1(3) sell an edible cannabis product or a lower-potency hemp edible to a person who
is
7.2visibly intoxicated;
7.3(4) sell or allow the sale or consumption of alcohol or tobacco on the premises;
7.4(5) sell products that are intended to be eaten or consumed as a drink, other than
packaged
7.5and labeled edible cannabis products and lower-potency hemp edibles, that contain
cannabis
7.6flower or hemp plant parts or are infused with cannabis concentrate, hemp concentrate,
or
7.7artificially derived cannabinoids;
7.8(6) permit edible cannabis products or lower-potency hemp edibles sold in the portion
7.9of the area designated for on-site consumption to be removed from that area;
7.10(7) permit adult-use cannabis flower, adult-use cannabis products, hemp-derived consumer
7.11products, or tobacco to be consumed through smoking or a vaporized delivery method
on
7.12the premises; or
7.13(8) distribute or allow free samples of cannabis flower, cannabis products, lower-potency
7.14hemp edibles, or hemp-derived consumer products."
7.15Page 74, after line 5, insert:
7.16 "Sec. 86. Minnesota Statutes 2023 Supplement, section 342.29, subdivision 3, is amended
7.17to read:
7.18 Subd. 3.
Additional information required. In addition to the information required to
7.19be submitted under section
342.14, subdivision 1, and rules adopted pursuant to that section,
7.20a person, cooperative, or business seeking a cannabis mezzobusiness license must submit
7.21the following information in a form approved by the office:
7.22(1) an operating plan demonstrating the proposed layout of the facility, including
a
7.23diagram of ventilation and filtration systems; plans for wastewater and waste disposal
for
7.24any cultivation or manufacturing activities; plans for providing electricity, water,
and other
7.25utilities necessary for the normal operation of any cultivation or manufacturing activities;
7.26plans for compliance with applicable building code and federal and state environmental
and
7.27workplace safety requirements and policies; and plans to avoid sales to unlicensed
cannabis
7.28businesses and individuals under
21 25 years of age;
7.29(2) if the applicant is seeking an endorsement to cultivate cannabis plants and harvest
7.30cannabis flower, a cultivation plan demonstrating the proposed size and layout of
the
7.31cultivation facility that will be used exclusively for cultivation, including the
total amount
7.32of plant canopy;
8.1(3) if the applicant is seeking an endorsement to create cannabis concentrate, hemp
8.2concentrate, or artificial cannabinoids, information identifying all methods of extraction,
8.3concentration, or conversion that the applicant intends to use and the volatile chemicals
and
8.4catalysts, if any, that will be involved in extraction, concentration, or creation;
and
8.5(4) evidence that the applicant will comply with the applicable operation requirements
8.6for the license being sought."
8.7Page 75, after line 4, insert:
8.8 "Sec. 89. Minnesota Statutes 2023 Supplement, section 342.31, subdivision 1, is amended
8.9to read:
8.10 Subdivision 1.
Authorized actions. A cannabis manufacturer license, consistent with
8.11the specific license endorsement or endorsements, entitles the license holder to:
8.12(1) purchase cannabis flower, cannabis products, hemp plant parts, hemp concentrate,
8.13and artificially derived cannabinoids from a cannabis microbusiness, a cannabis
8.14mezzobusiness, a cannabis cultivator, another cannabis manufacturer, or a cannabis
8.15wholesaler;
8.16(2) purchase hemp plant parts and propagules from an industrial hemp grower licensed
8.17under chapter 18K;
8.18(3) purchase hemp concentrate from an industrial hemp processor licensed under chapter
8.1918K;
8.20(4) accept cannabis flower from unlicensed persons who are at least
21 25 years of age
8.21provided that the cannabis manufacturer does not accept more than two ounces from
an
8.22individual on a single occasion;
8.23(5) make cannabis concentrate;
8.24(6) make hemp concentrate, including hemp concentrate with a delta-9
8.25tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;
8.26(7) manufacture artificially derived cannabinoids;
8.27(8) manufacture adult-use cannabis products, lower-potency hemp edibles, and
8.28hemp-derived consumer products for public consumption;
8.29(9) package and label adult-use cannabis products, lower-potency hemp edibles, and
8.30hemp-derived consumer products for sale to customers;
9.1(10) sell cannabis concentrate, hemp concentrate, artificially derived cannabinoids,
9.2cannabis products, lower-potency hemp edibles, and hemp-derived consumer products
to
9.3other cannabis businesses; and
9.4(11) perform other actions approved by the office."
9.5Page 75, after line 21, insert:
9.6 "Sec. 91. Minnesota Statutes 2023 Supplement, section 342.32, subdivision 3, is amended
9.7to read:
9.8 Subd. 3.
Additional information required. In addition to the information required to
9.9be submitted under section
342.14, subdivision 1, and rules adopted pursuant to that section,
9.10a person, cooperative, or business seeking a cannabis retail license must submit the
following
9.11information in a form approved by the office:
9.12(1) a list of every retail license held by the applicant and, if the applicant is
a business,
9.13every retail license held, either as an individual or as part of another business,
by each
9.14officer, director, manager, and general partner of the cannabis business;
9.15(2) an operating plan demonstrating the proposed layout of the facility, including
a
9.16diagram of ventilation and filtration systems; policies to avoid sales to individuals
who are
9.17under
21 25 years of age; identification of a restricted area for storage; and plans to prevent
9.18the visibility of cannabis flower, cannabis products, lower-potency hemp edibles,
and
9.19hemp-derived consumer products to individuals outside the retail location; and
9.20(3) evidence that the business will comply with the applicable operation requirements
9.21for the license being sought."
9.22Page 76, after line 6, insert:
9.23 "Sec. 93. Minnesota Statutes 2023 Supplement, section 342.34, subdivision 4, is amended
9.24to read:
9.25 Subd. 4.
Sale of other products. A cannabis wholesaler may purchase and sell other
9.26products or items for which the cannabis wholesaler has a license or authorization
or that
9.27do not require a license or authorization. Products for which no license or authorization
is
9.28required include but are not limited to industrial hemp products, products that contain
hemp
9.29grain, hemp-derived topical products, and cannabis paraphernalia, including but not
limited
9.30to childproof packaging containers and other devices designed to ensure the safe storage
9.31and monitoring of cannabis flower and cannabis products in the home to prevent access
by
9.32individuals under
21 25 years of age."
10.1Page 76, after line 31, insert:
10.2 "Sec. 96. Minnesota Statutes 2023 Supplement, section 342.40, subdivision 4, is amended
10.3to read:
10.4 Subd. 4.
Limited access to event. A cannabis event organizer shall ensure that access
10.5to an event is limited to individuals who are at least
21 25 years of age. At or near each
10.6public entrance to any area where the sale or consumption of adult-use cannabis flower,
10.7adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer
10.8products is allowed, a cannabis event organizer shall maintain a clearly visible and
legible
10.9sign consisting of the following statement: "No persons under
21 25 allowed." The lettering
10.10of the sign shall be not less than one inch in height."
10.11Page 77, line 16, strike "21" and insert "
25"
10.12Page 78, after line 22, insert:
10.13 "Sec. 98. Minnesota Statutes 2023 Supplement, section 342.40, subdivision 8, is amended
10.14to read:
10.15 Subd. 8.
Cannabis event on-site consumption. (a) If approved by the local unit of
10.16government, a cannabis event may designate an area for consumption of adult-use cannabis
10.17flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived consumer
10.18products, or any combination of those items.
10.19(b) Access to areas where consumption of adult-use cannabis flower, adult-use cannabis
10.20products, lower-potency hemp edibles, or hemp-derived consumer products is allowed
shall
10.21be restricted to individuals who are at least
21 25 years of age.
10.22(c) The cannabis event organizer shall ensure that consumption of adult-use cannabis
10.23flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer
10.24products within a designated consumption area is not visible from any public place.
10.25(d) The cannabis event organizer shall not permit consumption of alcohol or tobacco.
10.26(e) The cannabis event organizer shall not permit smoking, according to section
144.413,
10.27of adult-use cannabis flower or cannabis products at any location where smoking is
not
10.28permitted under sections
144.413 to
144.417. Nothing in this section prohibits a statutory
10.29or home rule charter city or county from enacting and enforcing more stringent measures
10.30to protect individuals from secondhand smoke or involuntary exposure to aerosol or
vapor
10.31from electronic delivery devices."
11.1Page 78, after line 32, insert:
11.2 "Sec. 100. Minnesota Statutes 2023 Supplement, section 342.41, subdivision 2, is amended
11.3to read:
11.4 Subd. 2.
Additional information required. In addition to the information required to
11.5be submitted under section
342.14, subdivision 1, and rules adopted pursuant to that section,
11.6a person, cooperative, or business seeking a cannabis delivery service license must
submit
11.7the following information in a form approved by the office:
11.8(1) a list of all vehicles to be used in the delivery of cannabis flower, cannabis
products,
11.9lower-potency hemp edibles, and hemp-derived consumer products including:
11.10(i) the vehicle make, model, and color;
11.11(ii) the vehicle identification number; and
11.12(iii) the license plate number;
11.13(2) proof of insurance for each vehicle;
11.14(3) a business plan demonstrating policies to avoid sales of cannabis flower, cannabis
11.15products, lower-potency hemp edibles, and hemp-derived consumer products to individuals
11.16who are under
21 25 years of age and plans to prevent the visibility of cannabis flower,
11.17cannabis products, lower-potency hemp edibles, and hemp-derived consumer products
to
11.18individuals outside the delivery vehicle; and
11.19(4) evidence that the business will comply with the applicable operation requirements
11.20for the license being sought."
11.21Page 79, after line 16, insert:
11.22 "Sec. 102. Minnesota Statutes 2023 Supplement, section 342.42, subdivision 1, is amended
11.23to read:
11.24 Subdivision 1.
Age or registry verification. Prior to completing a delivery, a cannabis
11.25delivery service shall verify that the customer is at least
21 25 years of age or is enrolled in
11.26the registry program. Section
342.27, subdivision 4, applies to the verification of a customer's
11.27age. Registry verification issued by the Division of Medical Cannabis may be considered
11.28evidence that the person is enrolled in the registry program.
12.1 Sec. 103. Minnesota Statutes 2023 Supplement, section 342.42, subdivision 2, is amended
12.2to read:
12.3 Subd. 2.
Records. The office by rule shall establish record-keeping requirements for a
12.4cannabis delivery service, including but not limited to proof of delivery to individuals
who
12.5are at least
21 25 years of age or enrolled in the registry program."
12.6Page 80, after line 9, insert:
12.7 "Sec. 105. Minnesota Statutes 2023 Supplement, section 342.44, subdivision 2, is amended
12.8to read:
12.9 Subd. 2.
Issuance; eligibility; prohibition on transfer. (a) The office may issue a hemp
12.10license to an applicant who:
12.11(1) is at least
21 25 years of age;
12.12(2) has completed an application for licensure or application for renewal and has
fully
12.13and truthfully complied with all information requests relating to license application
and
12.14renewal;
12.15(3) has paid the applicable application and license fees pursuant to section
342.11;
12.16(4) is not employed by the office or any state agency with regulatory authority over
this
12.17chapter; and
12.18(5) does not hold any cannabis business license.
12.19(b) Licenses must be renewed annually.
12.20(c) Licenses may not be transferred.
12.21 Sec. 106. Minnesota Statutes 2023 Supplement, section 342.46, subdivision 1, is amended
12.22to read:
12.23 Subdivision 1.
Sale of lower-potency hemp edibles. (a) A lower-potency hemp edible
12.24retailer may only sell lower-potency hemp edibles to individuals who are at least
21 25
12.25years of age.
12.26(b) A lower-potency hemp edible retailer may sell lower-potency hemp edibles that:
12.27(1) are obtained from a licensed Minnesota cannabis microbusiness, cannabis
12.28mezzobusiness, cannabis manufacturer, cannabis wholesaler, or lower-potency hemp edible
12.29manufacturer; and
12.30(2) meet all applicable packaging and labeling requirements.
13.1 Sec. 107. Minnesota Statutes 2023 Supplement, section 342.46, subdivision 3, is amended
13.2to read:
13.3 Subd. 3.
Age verification. Prior to initiating a sale, an employee of the lower-potency
13.4hemp edible retailer must verify that the customer is at least
21 25 years of age. Section
13.5342.27, subdivision 4, applies to the verification of a customer's age."
13.6Page 81, after line 6, insert:
13.7 "Sec. 109. Minnesota Statutes 2023 Supplement, section 342.46, subdivision 7, is amended
13.8to read:
13.9 Subd. 7.
Prohibitions. A lower-potency hemp edible retailer may not:
13.10(1) sell lower-potency hemp edibles to an individual who is under
21 25 years of age;
13.11(2) sell a lower-potency hemp edible to a person who is visibly intoxicated;
13.12(3) sell cannabis flower, cannabis products, or hemp-derived consumer products;
13.13(4) allow for the dispensing of lower-potency hemp edibles in vending machines; or
13.14(5) distribute or allow free samples of lower-potency hemp edibles except when the
13.15business is licensed to permit on-site consumption and samples are consumed within
its
13.16licensed premises."
13.17Page 104, after line 4, insert:
13.18 "Sec. 137. Minnesota Statutes 2023 Supplement, section 342.62, subdivision 3, is amended
13.19to read:
13.20 Subd. 3.
Packaging prohibitions. (a) Cannabis flower, cannabis products, lower-potency
13.21hemp edibles, or hemp-derived consumer products sold to customers or patients must
not
13.22be packaged in a manner that:
13.23(1) bears a reasonable resemblance to any commercially available product that does
not
13.24contain cannabinoids, whether the manufacturer of the product holds a registered trademark
13.25or has registered the trade dress; or
13.26(2) is designed to appeal to persons under
21 25 years of age.
13.27(b) Packaging for cannabis flower, cannabis products, lower-potency hemp edibles,
and
13.28hemp-derived consumer products must not contain or be coated with any perfluoroalkyl
13.29substance.
14.1(c) Edible cannabis products and lower-potency hemp edibles must not be packaged in
14.2a material that is not approved by the United States Food and Drug Administration
for use
14.3in packaging food."
14.4Page 108, after line 9, insert:
14.5 "Sec. 143. Minnesota Statutes 2023 Supplement, section 342.64, subdivision 1, is amended
14.6to read:
14.7 Subdivision 1.
Limitations applicable to all advertisements. Cannabis businesses,
14.8hemp businesses, and other persons shall not publish or cause to be published an
14.9advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis
product,
14.10a lower-potency hemp edible, or a hemp-derived consumer product in a manner that:
14.11(1) contains false or misleading statements;
14.12(2) contains unverified claims about the health or therapeutic benefits or effects
of
14.13consuming cannabis flower, a cannabis product, a lower-potency hemp edible, or a
14.14hemp-derived consumer product;
14.15(3) promotes the overconsumption of cannabis flower, a cannabis product, a
14.16lower-potency hemp edible, or a hemp-derived consumer product;
14.17(4) depicts a person under
21 25 years of age consuming cannabis flower, a cannabis
14.18product, a lower-potency hemp edible, or a hemp-derived consumer product; or
14.19(5) includes an image designed or likely to appeal to individuals under
21 25 years of
14.20age, including cartoons, toys, animals, or children, or any other likeness to images,
characters,
14.21or phrases that is designed to be appealing to individuals under
21 25 years of age or
14.22encourage consumption by individuals under
21 25 years of age; and
14.23(6) does not contain a warning as specified by the office regarding impairment and
health
14.24risks.
14.25 Sec. 144. Minnesota Statutes 2023 Supplement, section 342.64, subdivision 3, is amended
14.26to read:
14.27 Subd. 3.
Audience under 21 25 years of age. Except as provided in subdivision 2, a
14.28cannabis business, hemp business, or other person shall not publish or cause to be
published
14.29an advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis
14.30product, a lower-potency hemp edible, or a hemp-derived consumer product in any print
14.31publication or on radio, television, or any other medium if 30 percent or more of
the audience
15.1of that medium is reasonably expected to be individuals who are under
21 25 years of age,
15.2as determined by reliable, current audience composition data.
15.3 Sec. 145. Minnesota Statutes 2023 Supplement, section 342.64, subdivision 5, is amended
15.4to read:
15.5 Subd. 5.
Advertising using direct, individualized communication or dialogue. Before
15.6a cannabis business, hemp business, or another person may advertise a cannabis business,
15.7a hemp business, cannabis flower, a cannabis product, a lower-potency hemp edible,
or a
15.8hemp-derived consumer product through direct, individualized communication or dialogue
15.9controlled by the cannabis business, hemp business, or other person, the cannabis
business,
15.10hemp business, or other person must use a method of age affirmation to verify that
the
15.11recipient of the direct, individualized communication or dialogue is
21 25 years of age or
15.12older. For purposes of this subdivision, the method of age affirmation may include
user
15.13confirmation, birth date disclosure, or another similar registration method.
15.14 Sec. 146. Minnesota Statutes 2023 Supplement, section 342.64, subdivision 6, is amended
15.15to read:
15.16 Subd. 6.
Advertising using location-based devices. A cannabis business, hemp business,
15.17or another person shall not advertise a cannabis business, a hemp business, cannabis
flower,
15.18a cannabis product, a lower-potency hemp edible, or a hemp-derived consumer product
15.19with advertising directed toward location-based devices, including but not limited
to cellular
15.20telephones, unless the owner of the device is
21 25 years of age or older.
15.21 Sec. 147. Minnesota Statutes 2023 Supplement, section 342.66, subdivision 6, is amended
15.22to read:
15.23 Subd. 6.
Prohibitions. (a) A product sold to consumers under this section must not be
15.24manufactured, marketed, distributed, or intended:
15.25(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or
prevention
15.26of disease in humans or other animals;
15.27(2) to affect the structure or any function of the bodies of humans or other animals;
15.28(3) to be consumed by combustion or vaporization of the product and inhalation of
15.29smoke, aerosol, or vapor from the product;
15.30(4) to be consumed through chewing; or
16.1(5) to be consumed through injection or application to a mucous membrane or nonintact
16.2skin.
16.3(b) A product manufactured, marketed, distributed, or sold to consumers under this
16.4section must not:
16.5(1) consist, in whole or in part, of any filthy, putrid, or decomposed substance;
16.6(2) have been produced, prepared, packed, or held under unsanitary conditions where
16.7the product may have been rendered injurious to health, or where the product may have
16.8been contaminated with filth;
16.9(3) be packaged in a container that is composed, in whole or in part, of any poisonous
16.10or deleterious substance that may render the contents injurious to health;
16.11(4) contain any additives or excipients that have been found by the United States
Food
16.12and Drug Administration to be unsafe for human or animal consumption;
16.13(5) contain a cannabinoid or an amount or percentage of cannabinoids that is different
16.14than the information stated on the label;
16.15(6) contain a cannabinoid, other than cannabidiol, cannabigerol, or a cannabinoid
16.16approved by the office, in an amount that exceeds the standard established in subdivision
16.172, paragraph (c); or
16.18(7) contain any contaminants for which testing is required by the office in amounts
that
16.19exceed the acceptable minimum standards established by the office.
16.20(c) No product containing any cannabinoid may be sold to any individual who is under
16.2121 25 years of age.
16.22 Sec. 148. Minnesota Statutes 2023 Supplement, section 342.80, is amended to read:
16.23342.80 LAWFUL ACTIVITIES.
16.24(a) Notwithstanding any law to the contrary, the cultivation, manufacturing, possessing,
16.25and selling of cannabis flower, cannabis products, artificially derived cannabinoids,
16.26lower-potency hemp edibles, and hemp-derived consumer products by a licensed cannabis
16.27business or hemp business in conformity with the rights granted by a cannabis business
16.28license or hemp business license is lawful and may not be the grounds for the seizure
or
16.29forfeiture of property, arrest or prosecution, or search or inspections except as
provided by
16.30this chapter.
17.1(b) A person acting as an agent of a cannabis microbusiness, cannabis mezzobusiness,
17.2cannabis retailer, or lower-potency hemp edible retailer who sells or otherwise transfers
17.3cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
17.4products to a person under
21 25 years of age is not subject to arrest, prosecution, or forfeiture
17.5of property if the person complied with section
342.27, subdivision 4, and any rules
17.6promulgated pursuant to this chapter."
17.7Renumber the sections in sequence and correct the internal references
17.8Amend the title accordingly
17.9The motion prevailed. #did not prevail. So the amendment was #not adopted.