Legal Capacity

Marijuana is legal for Medicinal Use

Hemp is legal

Regulatory Agency

Minnesota Department of Health
P.O. Box 64975
St. Paul, MN 55164-0975
888-345-0823
[email protected]

 

State Laws

LAWS

Minnesota Session Laws 2014, CHAPTER 311–S.F.No. 2470
Law that established the state’s broad medical cannabis policy.

Minnesota Session Laws 2015, CHAPTER 74-H.F.No. 1792 (PDF)
Changes to provisions governing receivership of nursing homes or certified boarding care homes; changing medical cannabis provisions.

Office of Medical Cannabis Legislative Changes 2019 (PDF)

RULES

Administrative rules for the program can be viewed here: Administrative rules relating to the medical cannabis program (PDF)

Variance request and approval 2017: Variance (PDF)

What prompted your inquiry about cannabis laws in the state of Minnesota?

*Please note that this resources page contains only the security compliance requirements relevant to a cannabis or marijuana business in Minnesota. The entire set of regulatory requirements and standards for operational protocols have been removed to focus exclusively on the security compliance aspects. 

Security Requirements

 

MINNESOTA RULES
CHAPTER 4770​
DEPARTMENT OF HEALTH​ MEDICAL CANNABIS​
MANUFACTURERS​

 

4770.0700 HOURS OF OPERATION; ACCESS.​ Subpart 1. Limiting hours of operation. The commissioner may limit the hours of operation​ of a manufacturing facility if there is sufficient cause to believe that limiting the hours of operation​ protects public safety.​ Subp. 2. Restricted access areas. A medical cannabis manufacturer must use an electronic​ controlled access system to limit entrance to all restricted access areas of its manufacturing facility​ and its distribution facilities.​ A. An electronic controlled access system must:​ (1) limit access to authorized individuals;​ (2) track personnel entry and exit times;​ (3) lock down the facility in the event of a security threat;​ (4) store data for retrieval;​ (5) remain operable in the event of power failure; and​ (6) enable remote administration.​ B. A medical cannabis manufacturer must immediately submit stored​ controlled-access-system data to the commissioner upon the commissioner’s request.​ C. Restricted access areas must be identified with a sign that states: “Do Not Enter –​ Restricted Access Area — Access Limited to Authorized Personnel Only.”​ Statutory Authority: MS s 14.389; 152.25; 152.26​ History: 39 SR 1080​ Published Electronically: February 20, 2015

 

4770.0900 MONITORING AND SURVEILLANCE REQUIREMENTS.​ Subpart 1. 24-hour closed-circuit television. A medical cannabis manufacturer must operate​ and maintain in good working order a closed-circuit television (CCTV) surveillance system on all​ of its premises, which must operate 24 hours per day, seven days per week, and visually record:​ A. all phases of production;​ B. all areas that might contain plant material and medical cannabis, including all safes and​ vaults;​ C. all points of entry and exit, including sales areas;​ D. the entrance to the video surveillance room; and​ E. any parking lot, which must have appropriate lighting for the normal conditions of the​ area under surveillance.​ Subp. 2. Camera specifications. Cameras must:​ A. capture clear and certain identification of any person entering or exiting a manufacturing​ facility or distribution facility;​ B. have the ability to produce a clear, color, still photo either live or from a recording;​ C. have an embedded date-and-time stamp on all recordings that must be synchronized and​ not obscure the picture; and​ D. continue to operate during a power outage.​ Subp. 3. Video recording specifications.​ A. A video recording must export still images in an industry standard image format,​ including .jpg, .bmp, and .gif.​ B. Exported video must be archived in a proprietary format that ensures authentication and​ guarantees that the recorded image has not been altered.​ C. Exported video must also be saved in an industry standard file format that can be played​ on a standard computer operating system.​ D. All recordings must be erased or destroyed before disposal.​ Subp. 4. Additional requirements. The manufacturer must maintain all security system​ equipment and recordings in a secure location to prevent theft, loss, destruction, corruption, and​ alterations.​ Subp. 5. Retention. The manufacturer must ensure that 24-hour recordings from all video​ cameras are:​ A. available for viewing by the commissioner upon request;​ B. retained for at least 90 calendar days;​ C. maintained free of alteration or corruption; and​ D. retained longer, as needed, if the manufacturer is given actual notice of a pending​ criminal, civil, or administrative investigation, or other legal proceeding for which the recording​ may contain relevant information.​ Statutory Authority: MS s 14.389; 152.25; 152.26​ History: 39 SR 1080​ Published Electronically: February 20, 2015​

 

4770.1000 ALARM SYSTEM REQUIREMENTS.​ A. A medical cannabis manufacturer must install and maintain a professionally monitored​ security alarm system that provides intrusion and fire detection of all:​ (1) facility entrances and exits;​ (2) rooms with exterior windows;​ (3) rooms with exterior walls;​ (4) roof hatches;​ (5) skylights; and​ (6) storage rooms.​ B. For purposes of this part, a security alarm system means a device or series of devices​ that summons law enforcement personnel during, or as a result of, an alarm condition. Devices may​ include:​ (1) hardwired systems and systems interconnected with a radio frequency method such​ as cellular or private radio signals that emit or transmit a remote or local audio, visual, or electronic​ signal;​ (2) motion detectors;​ (3) pressure switches;​ (4) a duress alarm;​ (5) a panic alarm;​ (6) a holdup alarm;​ (7) an automatic voice dialer; and​ (8) a failure notification system that provides an audio, text, or visual notification of​ any failure in the surveillance system.​ C. A manufacturer’s security alarm system and all devices must continue to operate during​ a power outage.​ D. The commissioner must have the ability to access a medical cannabis manufacturer’s​ security alarm system.​ E. The manufacturer’s security alarm system must be inspected and all devices tested​ annually by a qualified alarm vendor.​ Statutory Authority: MS s 14.389; 152.25; 152.26​ History: 39 SR 1080​ Published Electronically: February 20, 2015​

 

 

 

4770.1700 MEDICAL CANNABIS MANUFACTURER; PRODUCTION REQUIREMENTS.​

Subp. 4. Storage.​ A. A manufacturer must store plant material and medical cannabis during production,​ transport, and testing to prevent diversion, theft, or loss, including ensuring:​ (1) plant material and medical cannabis are returned to a secure location immediately​ after completion of the process or at the end of the scheduled business day; and​ (2) the tanks, vessels, bins, or bulk containers containing plant material or medical​ cannabis are locked inside a secure area if a process is not completed at the end of a business day.​ B. A manufacturer must store all plant material and medical cannabis during production,​ transport, and testing, and all saleable medical cannabis:​ (1) in areas that are maintained in a clean, orderly, and well-ventilated condition; and​ (2) in storage areas that are free from infestation by insects, rodents, birds, and other​ pests of any kind.​ C. To prevent degradation, a manufacturer must store all plant material and medical cannabis​ in production, transport, and testing, and all saleable medical cannabis under conditions that will​ protect it against physical, chemical, and microbial contamination and deterioration of the product​ and its container.​ D. A manufacturer must maintain a separate secure storage area for medical cannabis that​ is returned, including medical cannabis that is outdated, damaged, deteriorated, mislabeled, or​ contaminated, or whose containers or packaging have been opened or breached, until the returned​ medical cannabis is destroyed. For purposes of this part, a separate, secure storage area includes a​ container, closet, or room that can be locked or secured.​ Statutory Authority: MS s 14.389; 152.25; 152.26; 152.261​ History: 39 SR 1080; 40 SR 1599​ Published Electronically: June 20, 2016​

 

4770.1800 INVENTORY.​ Subpart 1. Controls and procedures. A medical cannabis manufacturer must establish​ inventory controls and procedures for conducting inventory reviews and comprehensive inventories​ of plant material and medical cannabis to prevent and detect any diversion, theft, or loss in a timely​ manner.​ Subp. 2. Reliable and ongoing supply. A medical cannabis manufacturer must provide a​ reliable and ongoing supply of medical cannabis as required by Minnesota Statutes, section 152.29,​ subdivision 2.​ Subp. 3. Initial inventory. A medical cannabis manufacturer must maintain a real-time record​ of its inventory of plant material and medical cannabis to include:​ A. the date and time of the inventory;​ B. a summary of inventory findings;​ C. the names of the employees or employee conducting the inventory; and​ D. other information deemed necessary and requested by the commissioner.​ Subp. 4. Waste inventory. The medical cannabis manufacturer must maintain a record of its​ inventory of all medical cannabis waste and plant material waste for disposal.​ Subp. 5. Reconciliation. At the close of business each day, a medical cannabis manufacturer​ must reconcile all:​ A. plant material at the manufacturing facility and in transit; and​ B. medical cannabis at the manufacturing facility, distribution facility, and in transit.​ Subp. 6. Scales. All scales used to weigh usable plant material for purposes of this chapter​ must be certified in accordance with the International Organization for Standardization (ISO),​ ISO/IEC Standard 17025, which is incorporated by reference.​ Statutory Authority: MS s 14.389; 152.25; 152.26​ History: 39 SR 1080​ Published Electronically: February 20, 2015​

 

4770.2100 MEDICAL CANNABIS LABORATORY APPROVAL; INSPECTION AND​ COMPLIANCE.​ Subpart 1. Laboratory inspection and reports.​ A. The commissioner may inspect a lab without prior notice at any time during normal​ business hours to verify compliance with parts 4770.1900 to 4770.2200. The commissioner may​ inspect:​ (1) approved laboratories; and​ (2) laboratories requesting approval.​

 

 

 

4770.0200 DEFINITIONS.

Subp. 12. Distribute or distribution.

“Distribute” or “distribution” means the delivery of medical cannabis to a patient, the patient’s parent or legal guardian, or the patient’s registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who is participating in the registry program and who is authorized to receive medical cannabis.

Subp. 13. Distribution facility.

“Distribution facility” means any building or grounds of a medical cannabis manufacturer where the sale and distribution of medical cannabis and medical cannabis products are authorized.

 

 

4770.1750 MEDICAL CANNABIS DISTRIBUTION.

Subpart 1.Distribution; identity verification.

A registered patient, designated caregiver, or the registered patient’s parent or legal guardian, if the parent or legal guardian will be acting as a caregiver, must present a government-issued photo identification at the distribution site. Distribution site staff must verify the identity of the person and the patient’s enrollment in the registry.

Subp. 2.Distribution; consultation.

The pharmacist employed by a manufacturer to distribute medical cannabis must consult with the registered patient, designated caregiver, or the registered patient’s parent or legal guardian, if the parent or legal guardian will be acting as a caregiver, before distributing medical cannabis to the recipient. The consultation must include:

  1. a review of patient information in the medical cannabis registry;
  2. an assessment of the perceived effectiveness of medical cannabis in treating the condition or symptoms of the condition;
  3. a review of current medications the patient is taking, including the formulation and current dosage of medical cannabis; and
  4. a review of any changes in the patient’s medical condition.

 

Subp. 3.Distribution; dosage calculation.

After completing the consultation, the pharmacist will determine a recommended daily dosage and calculate an amount equal to a 30-day supply at maximum recommended dosage.

Subp. 4.Purchasing limits.

A registered qualifying patient, registered designated caregiver, or a patient’s registered parent or registered legal guardian may purchase medical cannabis in quantities less than or equal to the patient’s 30-day supply determined under subpart 3 from any Minnesota distribution site at any time. The total quantity of medical cannabis purchased for a patient in a 23-day period must not exceed the patient’s 30-day supply.

Statutory Authority:

MS s 14.389152.26152.261

History: 39 SR 1760; 40 SR 1599

Published Electronically: June 20, 2016

 

New year, big changes for struggling Minnesota medical marijuana program

 Jennifer Brooks — December 7, 2019

The Star Tribune

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Information gathered from sources deemed reliable, but not guaranteed. Subject to change without notice.

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