by Leah Bartizal | Jul 3, 2024 | Compassionate Care, Minnesota Cannabis News
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.
by Leah Bartizal | Jun 16, 2024 | Minnesota Cannabis News
Application Process
The process for general licenses will be announced soon. In the meantime, OCM recommends preparing your proposed business plan, security plan, and business capitalization table, as well as standard operating procedures for: quality assurance; inventory control, storage, and diversion prevention; and accounting and tax compliance. This will help you be ready when the application period for general licenses opens.
Available license types
These are general descriptions of license types. More details will be available in guidance materials.
Application fees, initial licensing fees, and renewal licensing fees are nonrefundable.
Note: License types labeled with an asterisk are available for license preapproval for social equity applicants who meet requirements.
Cannabis Microbusiness
Cost:
- application fee $500
- no initial license fee
- renewal license fee $2,000
Cannabis microbusinesses can grow, make, sell, and buy cannabis (including plants and seedlings) and lower-potency hemp products. They can also have on-site lounges where customers can use cannabis. These businesses can grow up to 5,000 square feet of cannabis plants indoors and up to one-half acre outdoors. This license may hold a cannabis event organizer license.
Early cultivation opportunity: Social equity applicants with a preapproved cannabis microbusiness license and appropriate local approval may be allowed to grow cannabis plants under existing rules for medical cannabis cultivators and prior to adoption of adult-use rules.
Cannabis Mezzobusiness
Cost:
- application fee $5,000
- initial license fee $5,000
- renewal license fee $10,000
Cannabis mezzobusinesses can grow, make, sell, and buy cannabis (including plants and seedlings) and lower-potency hemp products. Mezzobusinesses can grow up to 15,000 square feet of cannabis plants indoors and up to one acre outdoors. This license type is available in limited quantities, and licensees will be selected through a vetted lottery.
Early cultivation opportunity: Social equity applicants with a preapproved cannabis mezzobusiness license and appropriate local approval may be allowed to grow cannabis plants under existing rules for medical cannabis cultivators and prior to adoption of adult-use rules.
Cannabis Cultivator
Cost:
- application fee $10,000
- initial license fee $20,000
- renewal license fee $30,000
Cannabis cultivators can grow cannabis plants from seed to maturity. They can grow up to 30,000 square feet of cannabis plants indoors and two acres outdoors. Cultivators are allowed to harvest, package, label, and transport fully grown cannabis plants to manufacturers. They can also package, label, and transport seedlings. This license type is available in limited quantities, and licensees will be selected through a vetted lottery.
Early cultivation opportunity : Social equity applicants with a preapproved cannabis cultivator license and appropriate local approval may be allowed to grow cannabis plants under existing rules for medical cannabis cultivators and prior to adoption of adult-use rules.
Cannabis Manufacturer
Cost:
- application fee $10,000
- initial license fee $10,000
- renewal license fee $20,000
Cannabis manufacturers process raw cannabis plants into various products, such as edibles, concentrates, wax, oils, and tinctures. Manufacturers can buy cannabis flowers, cannabis products, and lower-potency hemp products from other cannabis businesses. They turn these materials into cannabis products, then package and sell them to other cannabis businesses. This license type is available in limited quantities, and licensees will be selected through a vetted lottery.
Cannabis Retailer
Cost:
- application fee $2,500
- initial license fee $2,500
- renewal license fee $5,000
Cannabis retailers sell packaged cannabis products to the general public and medical patients. They can buy cannabis (including plants and seedlings) and lower-potency hemp products from other cannabis businesses and sell them to customers. This license type is available in limited quantities, and licensees will be selected through a vetted lottery. A cannabis retailer may operate up to five retail locations; however, no person, cooperative, or business may hold a license to own or operate more than one cannabis retail business in one city and three retail businesses in one county.
Cannabis Wholesaler
Cost:
- application fee $5,000
- initial license fee $5,000
- renewal license fee $10,000
Cannabis wholesalers buy cannabis, cannabis products, and lower-potency hemp products from cannabis businesses and then sell them to other cannabis business.
Cannabis Transporter
Cost:
- application fee $250
- initial license fee $500
- renewal license fee $1,000
Cannabis transporters are businesses that move cannabis, cannabis products, and lower-potency hemp products between businesses.
Cannabis Testing Facility
Cost:
- application fee $5,000
- initial license fee $5,000
- renewal license fee $10,000
Cannabis testing facilities receive cannabis, cannabis products, and lower-potency hemp products from manufacturers and cultivators to test. They ensure these products meet safety standards.
Cannabis Event Organizer
Cost:
- application fee $750
- initial license fee $750
Cannabis event organizers plan and host events featuring cannabis, and may allow for the sale of cannabis, cannabis products, and lower-potency hemp products to consumers at events like festivals (an event cannot last more than four days). They can also provide spaces for consumers to use cannabis. An event organizer must receive local approval, including obtaining any necessary permits or licenses issued by a local unit of government.
Cannabis Delivery Service
Cost:
- application fee $250
- initial license fee $500
- renewal license fee $1,000
A cannabis delivery service purchase cannabis and lower-potency hemp products from specific cannabis businesses and sell and deliver those products directly to consumers.
Lower-Potency Hemp Edible Manufacturer
Cost:
- application fee $250
- initial license fee $1,000
- renewal license fee $1,000
Lower-potency hemp edible manufacturers produce edibles from hemp. These manufacturers can create, package, and label lower-potency hemp products, and sell them to cannabis businesses. This license type cannot hold any cannabis business licenses.
Lower-Potency Hemp Edible Retailer
Cost:
- application fee $250 per retail location
- initial license fee $250 per retail location
- renewal license fee $250 per retail location
Lower-potency hemp edible retailers sell packaged lower-potency hemp edibles to consumers. This license type cannot hold any cannabis business licenses.
Medical Cannabis Combination Business
Cost:
- application fee $10,000
- initial license fee $20,000
- renewal license fee $70,000
Medical cannabis combination businesses can grow, manufacture, package, label, and sell cannabis products (including cannabis plants and seedlings) to both medical patients and adult consumers. These businesses can package and sell medical cannabis products to other eligible cannabis businesses. They are allowed to cultivate up to 60,000 square feet of medical cannabis plant canopy for distribution into the medical market, and depending upon the total amount of medical sales the year prior, up to an additional 30,000 square feet of cannabis plant canopy for distribution into the adult-use market.
by Leah Bartizal | Jun 6, 2024 | Compassionate Care, Minnesota Cannabis News
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.
by Leah Bartizal | Apr 21, 2024 | Minnesota Cannabis News
The Minnesota House recently passed legislation that brings significant changes to the state’s cannabis laws, affecting both recreational and medicinal use. Among the key alterations is the introduction of a pre-approval process for businesses seeking to enter the cannabis market, alongside revisions to the licensing system.
This move aims to provide an early advantage to businesses through “pre-approved” licenses, facilitating their preparation for the upcoming market launch. Representative Zack Stephenson emphasized the importance of this change, noting that it allows prospective entrepreneurs to secure resources and plan effectively for their future operations. However, it’s crucial to note that these early licenses are exclusively available to individuals meeting the criteria for “social equity” applicants.
Despite the anticipation surrounding these adjustments, there are concerns within the industry and among legislators. Representative Nolan West voiced apprehension regarding the potential delay in cultivation activities, advocating for an earlier start to address the demand for cannabis products. Meanwhile, debates over the licensing process intensify, particularly regarding the transition from a merit-based system to a lottery-based approach.
The proposed lottery system has sparked controversy, with proponents arguing for its fairness and detractors expressing doubts about its efficacy in achieving social equity goals. While some believe it offers equal opportunities, others fear it could be exploited by larger, out-of-state retailers. Nevertheless, House Speaker Melissa Hortman endorsed the switch to a random selection process, emphasizing its fairness.
The legislation also encompasses various other provisions, including expansions to the medical cannabis program and regulatory adjustments to accommodate evolving market dynamics. Additionally, amendments addressing concerns such as data privacy and audit trails were incorporated to enhance the bill’s integrity.
As the bill progresses to the Senate, discussions on refining the proposed changes are expected to continue. With both chambers actively involved in shaping the final legislation, the focus remains on creating a robust regulatory framework that balances economic opportunities with social equity considerations.
by Leah Bartizal | Apr 9, 2024 | Minnesota Cannabis News
Eligibility criteria for those seeking consideration as a social equity applicant in Minnesota:
1. You have a prior conviction related to the possession or sale of cannabis before May 1, 2023.
2. You have a family member (parent, guardian, child, spouse, or dependent) who was convicted of a cannabis-related offense before May 1, 2023.
3. You are a dependent of someone who was convicted of a cannabis-related offense before May 1, 2023.
4. You are a military veteran, including those with service-connected disabilities, current or former members of the national guard, or any veteran or former national guard member who lost honorable status due to a cannabis-related offense.
5. You have resided for the past five years in one or more areas, such as census tracts or neighborhoods, subject to disproportionate cannabis enforcement (specific criteria to be determined by the Office of Cannabis Management).
6. You have resided for the past five years in one or more census tracts where, according to the most recent decennial census published by the United States Bureau of the Census, the poverty rate was 20% or higher, or where the median family income did not exceed 80% of the statewide median family income, or, if in a metropolitan area, did not exceed 80% of the statewide median family income or 80% of the median family income for that metropolitan area.
by Leah Bartizal | Mar 29, 2024 | Compassionate Care, Minnesota Cannabis News
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.
