Minnesota Empowers Physicians with New Medical Cannabis Legislation

Minnesota Empowers Physicians with New Medical Cannabis Legislation

Minnesota has made a significant shift in its approach to medical cannabis, empowering physicians to have the final say in recommending cannabis, thus rendering the state’s previously stringent list of qualifying medical conditions essentially obsolete.

As of July 1, 2024, this change allows for a more flexible approach, aligning with the growing acceptance of marijuana’s medical benefits.

“It just doesn’t fit anymore to have one of the nation’s most restrictive lists of qualifying conditions,” said state Sen. Lindsey Port (D), a key advocate of the legislation. “We want to ensure that if someone has a condition that cannabis can help with, their doctor can guide them to the right kind of cannabis. With the legal market open, there’s no reason to limit what doctors can prescribe because people will be able to access a variety of cannabis products.”

This new policy marks a pivotal moment in Minnesota’s cannabis legislation and could set a precedent for other states grappling with the medical versus recreational cannabis debate, as noted by the Star Tribune, which first reported the story.

Minnesota became the 23rd state to legalize recreational marijuana and home cultivation in May 2023.

Under the new law, Minnesotans will no longer need to undergo the cumbersome annual process to petition for the inclusion of new medical conditions. Any condition is now acceptable if a doctor recommends cannabis. However, petitions for new methods of consumption, such as gummies and smokeable forms, will still be considered.

The legislation also allows the cultivation of up to eight cannabis plants by individuals authorized by a doctor or those caring for medical marijuana patients.

Despite the approval for home cultivation, experience from other states suggests that few people might choose this route as recreational cannabis use and availability increase. However, Port emphasized the importance of maintaining a medical cannabis framework, particularly for minors who benefit from its therapeutic properties but cannot access recreational cannabis.

“If we’re not thoughtful about how we do it, the recreational market could overshadow the medical market,” Port said.

Minnesota’s medical cannabis program, which began in 2015, initially included only eight conditions. Over the years, this list expanded to 19, driven by mounting evidence of cannabis’s efficacy in treating diverse ailments such as intractable pain and PTSD. The program’s enrollment grew from 18,000 in 2019 to 48,000 participants, further boosted by the introduction of a recreational marketplace.

Important Updates to Minnesota’s Medical Cannabis Program

Important Updates to Minnesota’s Medical Cannabis Program

Dear Minnesota Medical Cannabis Patient,

We have important updates about Minnesota’s Medical Cannabis Program.

On May 24, 2024, Governor Tim Walz signed a bill introducing several changes to cannabis legislation that may affect you as a participant in the Minnesota Medical Cannabis Program.

Starting July 1, 2024:

Veterans: Veterans can now use a separate application to enroll in the Medical Cannabis Program without needing certification from a registered healthcare provider. A unique form for self-certifying qualifying conditions will be available on the Medical Cannabis Program website. Veterans can then complete the standard patient enrollment application.

Recertification: Patients will now need to recertify their qualifying medical condition and complete an online enrollment application every three years, instead of annually. Applications approved on or after July 1 will follow this new three-year cycle. Approvals made before July 1 will not be retroactively extended.

Qualifying Conditions: The definition of a qualifying medical condition has been expanded to include any condition recommended, approved, or authorized by a healthcare practitioner.

Caregivers: Registered caregivers will no longer need to undergo a background check.

Administrative Changes: The Office of Medical Cannabis will become a division within the Office of Cannabis Management, effective July 1. This change will not impact your status in the medical cannabis program, and there will be no disruption in your ability to purchase medical cannabis.

For more information on the medical cannabis program and additional legislative changes, please visit our Medical Cannabis website.

If you have further questions, please call 651-201-5598 (toll-free at 844-879-3381) or email health.cannabis@state.mn.us.

Minnesota Advances Cannabis Industry with New Legislation

Minnesota Advances Cannabis Industry with New Legislation

Saint Paul, MN — Minnesota has enacted significant changes to its cannabis laws, aiming to expedite the launch of the state’s cannabis industry. Key among these changes is the acceleration of business operations for social equity applicants, who can now start growing cannabis by the end of this year, ahead of the 2025 retail sales launch.

Governor Tim Walz signed the bill on May 24, 2024. The new legislation incorporates many recommendations from the Office of Cannabis Management (OCM) to strengthen social equity, streamline the application and licensing process, and enhance protections for medical cannabis patients.

Key Legislative Changes:
Social Equity Focus: The law enhances social equity provisions, lowering ownership requirements from 100% to 65% to enable better access to capital and partnerships. A new social equity license classification and a well-vetted lottery system ensure fairness in the licensing process.

Preapproved Licensing for Early Movers: Social equity applicants can benefit from a preapproval licensing process, allowing them to establish operations early and be ready for market launch.
Streamlined Application Process: The application process no longer requires securing a physical location beforehand, reducing financial risk. The system also consolidates license types and introduces medical endorsements for existing licenses to maintain benefits for medical cannabis patients.

Accelerated Oversight of Hemp-Derived Products: Responsibility for regulating hemp-derived cannabinoid products will transfer to OCM on July 1, 2024, providing clarity and consistency for the industry.
Enhanced Patient Protections: The transition of the Office of Medical Cannabis to OCM has been moved up to July 1, 2024, to ensure continuity and protect patient access. Changes include adjusted patient supply limits and the ability for caregivers to grow up to eight plants for a registered patient.

Consumer Safety Measures: OCM now has the authority to issue product recalls, enforce packaging and labeling requirements, and prevent the sale of empty packaging, ensuring consistent safety standards.
OCM Interim Director Charlene Briner emphasized that the focus will be on meeting the accelerated timeline to launch Minnesota’s new cannabis industry, ensuring access to safe, reliable products for both adult consumers and medical patients.

For more details, you can review the 2024 Legislative Changes to Chapter 342 here.

About the Office of Cannabis Management (OCM)
Established in 2023 following the enactment of HF 100, OCM is responsible for developing and implementing regulatory systems for Minnesota’s cannabis industry. The agency’s recommendations have been instrumental in shaping the latest legislative changes, which aim to create a sustainable and equitable cannabis market in the state.

Summary of Additional Key Changes:
Market Launch Support: Early mover advantages for social equity applicants through a preapproval process.
Application Process Improvement: Clarified steps for applications and reduced potential delays and financial burdens.
Consolidation of License Types: Simplified system with medical endorsements for existing licenses.
Accelerated Enforcement Transition: Earlier oversight of hemp-derived products to ensure regulatory consistency.

Cultivating Compassion: Minnesota’s Cannabis Legislation Paves the Way for Patient-Centered Care

Cultivating Compassion: Minnesota’s Cannabis Legislation Paves the Way for Patient-Centered Care

In the realm of cannabis legislation, amidst debates over licenses and regulatory frameworks, lies a profound principle that often gets overshadowed: compassionate care. In Minnesota, lawmakers are embarking on a transformative journey, placing compassion at the forefront of their cannabis policies.

Compassionate care isn’t just a buzzword; it’s a guiding ethos that recognizes the inherent dignity and worth of every individual seeking relief through medical cannabis. It’s about ensuring that those facing debilitating conditions have access to the therapeutic benefits of cannabis, regardless of their socioeconomic status or geographic location.

At the heart of Minnesota’s legislative agenda are initiatives aimed at expanding access to medical cannabis for patients in need. Rep. Jessica Hanson’s proposal, HF3766, stands as a testament to this commitment, allowing patients enrolled in the medical cannabis registry program to cultivate up to 16 cannabis plants at home. This measure not only empowers patients to take control of their treatment but also fosters a sense of autonomy and self-reliance.

Moreover, Hanson’s HF3760 offers vital protections for medical cannabis patients, shielding them from punitive measures by schools, landlords, or occupational licensing boards. This safeguard ensures that patients can pursue their treatment without fear of discrimination or retribution—a fundamental aspect of compassionate care.

Beyond individual patient rights, Minnesota legislators are exploring avenues to extend compassion to marginalized communities. Rep. Kaohly Vang Her’s HF4789 seeks to expand the range of health conditions eligible for medical cannabis treatment, recognizing that effective compassionate care must be inclusive and responsive to diverse medical needs.

In the spirit of equity and inclusivity, Hanson’s HF4195 proposes a pilot project to facilitate medical cannabis sales to tribal governments and Tribal cannabis businesses. This initiative acknowledges the unique health challenges faced by Indigenous communities and strives to ensure that they too can benefit from the therapeutic potential of cannabis.

However, compassion in cannabis legislation extends beyond medical parameters. It encompasses broader social justice concerns, including the disproportionate impact of drug laws on marginalized communities. Sen. Clare Oumou Verbeten’s SF 3670 aims to repeal the existing tax on illegal drugs—a step towards dismantling punitive systems that perpetuate harm and hinder access to compassionate care.

As Minnesota navigates the complexities of cannabis regulation, the underlying ethos of compassionate care serves as a guiding light, illuminating pathways towards greater equity, accessibility, and dignity for all. It’s a reminder that behind every policy decision and legislative debate, there are individuals seeking relief, comfort, and hope—a reminder that compassion must always remain at the heart of our endeavors.

Other bills filed:
Medical Cannabis Home Grow: Rep. Jessica Hanson from DFL-Burnsville proposed HF3766, allowing patients in the medical cannabis registry program to cultivate up to 16 cannabis plants without a license, twice the allowance for non-patients. The bill also contemplates caregivers growing cannabis for patients, although the limit of patients per caregiver remains undecided. Sen. Clare Oumou Verbeten of DFL-St. Paul sponsored the Senate version, SF4734.

Patient Protection: Hanson’s HF3760 aims to shield medical cannabis patients from repercussions by schools, landlords, or occupational licensing boards for being on the registry and utilizing medical cannabis products.

Tribal Sales of Medical Cannabis: HF4195, introduced by Hanson, proposes a pilot project permitting the state’s two medical cannabis providers to engage in sales to tribal governments and Tribal cannabis enterprises. Hanson expressed skepticism regarding the measure’s passage this session.

Expansion of Medical Cannabis Health Conditions: Rep. Kaohly Vang Her of DFL-St. Paul introduced HF4789, seeking to broaden the range of health conditions eligible for medical cannabis treatment. While the current law grants the commissioner of the Department of Health authority to determine covered conditions, Her’s bill would empower a patient’s doctor to assess cannabis’s potential efficacy.

Ban on Menthol Flavors: Her’s HF4251 prohibits the approval of cannabis and hemp-derived consumer products containing menthol or other flavorings by the Office of Cannabis Management.

Counterfeit Packaging Prohibition: HF4377, sponsored by Rep. Stephenson, prohibits the sale of counterfeit packaging resembling approved products and grants enforcement authority to the state attorney general.

Legalization of Low-Potency Hemp Products: Rep. Nolan West from R-Blaine proposed HF4629 to establish a process for legalizing certain lower-potency hemp products previously outlawed by HF100.

Repeal of Illegal Drug Tax: SF 3670, co-sponsored by Sen. Oumou Verbeten and Rep. Hanson, seeks to repeal the existing tax on illegal drugs, which currently mandates illegal drug dealers to purchase and affix tax stamps to their products.

Reinstatement of Underage Possession Penalties: HF 4635 and SF 3925, with bipartisan support, aim to reinstate misdemeanor penalties for underage possession of marijuana, a provision omitted by HF100.

DNR Lands Cannabis Restriction: Sen. John Hoffman’s bill SF 4538 prohibits cannabis presence on any state Department of Natural Resources land.

Ban on Health Claims in Cannabis Advertising: SF 5054 and HF 5101, sponsored by Sen. Carla Nelson and Rep. Kristin Robbins, respectively, prohibit cannabis advertisements from making health claims beyond “unverified” assertions.

Mandatory Health Labeling: SF 5079 and HF 5103, introduced by Sen. Nelson and Rep. Robbins, mandate comprehensive health labeling on all cannabis products, warning consumers of potential risks supported by scientific evidence.