Section 342.51 - MEDICAL CANNABIS RETAILERSSubdivision 1. Endorsement; authorized actions.(a) The office may issue a medical cannabis endorsement to a cannabis business authorizing the business to: (1) cultivate medical cannabis;(2) process medical cannabinoid products; or(3) sell or distribute medical cannabis flower and medical cannabinoid products to any person authorized to receive medical cannabis flower or medical cannabinoid products.(b) The office must issue a medical cannabis cultivation endorsement to a cannabis license holder if the license holder: (1) is authorized to cultivate cannabis;(2) submits a medical cannabis endorsement application to the office; and(3) otherwise meets all applicable requirements established by the office.(c) A medical cannabis cultivation endorsement entitles the license holder to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from a mature plant, package and label cannabis flower as medical cannabis flower, sell medical cannabis flower to cannabis businesses with a medical cannabis endorsement, and perform other actions approved by the office.(d) The office must issue a medical cannabis processor endorsement to a cannabis license holder if the license holder: (1) is authorized to manufacture cannabis products;(2) submits a medical cannabis endorsement application to the office; and(3) otherwise meets all applicable requirements established by the office.(e) A medical cannabis processor endorsement entitles the license holder to:(1) purchase medical cannabis flower, medical cannabinoid products, hemp plant parts, and hemp concentrate from cannabis businesses with a medical cannabis cultivator endorsement or a medical cannabis processor endorsement;(2) purchase hemp plant parts from industrial hemp growers;(3) make cannabis concentrate from medical cannabis flower;(4) make hemp concentrate, including hemp concentrate with a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent as measured by weight;(5) manufacture medical cannabinoid products;(6) package and label medical cannabinoid products for sale to cannabis businesses with a medical cannabis processer endorsement or a medical cannabis retailer endorsement; and(7) perform other actions approved by the office.(f) The office must issue a medical cannabis retailer endorsement to a cannabis license holder if the license holder: (1) submits a medical cannabis retail endorsement application to the office;(2) has at least one employee who earned a medical cannabis consultant certificate issued by the office and has completed the required training or has at least one employee who is a licensed pharmacist under chapter 151; and(3) otherwise meets all applicable requirements established by the office.(g) A medical cannabis retail endorsement entitles the license holder to purchase medical cannabis flower and medical cannabinoid products from cannabis businesses with medical cannabis cultivator endorsements and medical cannabis processor endorsements, and sell or distribute medical cannabis flower , medical cannabinoid products, and associated paraphernalia to any person authorized to receive medical cannabis flower or medical cannabinoid products.(h) A medical cannabis business with a medical cannabis retail endorsement must verify that all medical cannabis flower and medical cannabinoid products have passed safety, potency, and consistency testing at a cannabis testing facility approved by the office for the testing of medical cannabis flower and medical cannabinoid products before the cannabis business with a medical cannabis retail endorsement may distribute the medical cannabis flower or medical cannabinoid product to any person enrolled in the registry program.Subd. 2.Distribution requirements.(a) Prior to distribution of medical cannabis flower or medical cannabinoid products to a person enrolled in the registry program, an employee with a valid medical cannabis consultant certificate issued by the office or a licensed pharmacist under chapter 151 must: (1) review and confirm the patient's enrollment in the registry program;(2) verify that the person requesting the distribution of medical cannabis flower or medical cannabinoid products is the patient, the patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse using the procedures established by the office; (3) provide consultation to the patient to determine the proper medical cannabis flower or medical cannabinoid product, dosage, and paraphernalia for the patient if required under subdivision 3;(4) apply a patient-specific label on the medical cannabis flower or medical cannabinoid product that includes recommended dosage requirements and other information as required by the office; and(5) provide the patient with any other information required by the office.(b) A cannabis business with a medical cannabis retail endorsement may not deliver medical cannabis flower or medical cannabinoid products to a person enrolled in the registry program unless the cannabis business with a medical cannabis retail endorsement also holds a cannabis delivery service license. The delivery of medical cannabis flower and medical cannabinoid products are subject to the provisions of section 342.42.Subd. 3.Final approval for distribution of medical cannabis flower and medical cannabinoid products.(a) A cannabis worker who is employed by a cannabis business with a medical cannabis retail endorsement who is licensed as a pharmacist pursuant to chapter 151 or certified as a medical cannabis consultant by the office is the only person who may give final approval for the distribution of medical cannabis flower and medical cannabinoid products. Prior to the distribution of medical cannabis flower or medical cannabinoid products, a pharmacist or certified medical cannabis consultant employed by the cannabis business with a medical cannabis retail endorsement must consult with the patient to determine the proper type of medical cannabis flower, medical cannabinoid product, or medical cannabis paraphernalia, and the proper dosage for the patient after reviewing the range of chemical compositions of medical cannabis flower or medical cannabinoid product intended for distribution:(1) if the patient is purchasing the medical cannabis flower or medical cannabinoid product for the first time;(2) if the patient purchases medical cannabis flower or a medical cannabinoid product that the patient must administer using a different method than the patient's previous method of administration;(3) if the patient purchases medical cannabis flower or a medical cannabinoid product with a cannabinoid concentration of at least double the patient's prior dosage; or(4) upon the request of the patient.(b) For purposes of this subdivision, a consultation may be conducted remotely by secure videoconference, telephone, or other remote means, as long as: (1) the pharmacist or consultant engaging in the consultation is able to confirm the identity of the patient; and(2) the consultation adheres to patient privacy requirements that apply to health care services delivered through telemedicine. Subd. 5.Distribution to recipient in a motor vehicle.A cannabis business with a medical cannabis retail endorsement may distribute medical cannabis flower and medical cannabinoid products to a person enrolled in the registry program who is at a dispensary location but remains in a motor vehicle if:
(1) staff receive payment and distribute medical cannabis flower and medical cannabinoid products in a designated zone that is as close as feasible to the front door of the facility;(2) the cannabis business with a medical cannabis retail endorsement ensures that the receipt of payment and distribution of medical cannabis flower and medical cannabinoid products are visually recorded by a closed-circuit television surveillance camera and provides any other necessary security safeguards;(3) the cannabis business with a medical cannabis retail endorsement does not store medical cannabis flower or medical cannabinoid products outside a restricted access area and staff transport medical cannabis flower and medical cannabinoid products from a restricted access area to the designated zone for distribution only after confirming that the person enrolled in the registry program has arrived in the designated zone;(4) the payment for and distribution of medical cannabis flower and medical cannabinoid products take place only after meeting the requirements in subdivision 2;(5) immediately following the distribution of medical cannabis flower or medical cannabinoid products, staff record the transaction in the statewide monitoring system; and(6) immediately following the distribution of medical cannabis flower and medical cannabinoid products, staff take the payment received into the facility.Amended by 2024 Minn. Laws, ch. 121,s 2-136, eff. 5/23/2024.Amended by 2024 Minn. Laws, ch. 121,s 2-99, eff. 7/1/2024.Added by 2023 Minn. Laws, ch. 63,s 1-51, eff. 7/1/2024.