Subdivision 1.Presumption.
(a) There is a presumption that an individual enrolled in the registry program or a Tribal medical cannabis program patient is engaged in the authorized use or possession of medical cannabis flower and medical cannabinoid products.
(b) This presumption may be rebutted by evidence that:
(1) the use or possession of medical cannabis flower or medical cannabinoid products by a patient or other person enrolled in the registry program was not for the purpose of assisting with, treating, or alleviating the patient's qualifying medical condition or symptoms associated with the patient's qualifying medical condition; or
(2) a Tribal medical cannabis program patient's use of medical cannabis was not for a purpose authorized by the Tribal medical cannabis program.
Subd. 2.Criminal and civil protections.
(a) Subject to section342.56, the following are not violations of this chapter or chapter 152:
(1) use or possession of medical cannabis flower, medical cannabinoid products, or medical cannabis paraphernalia by a patient enrolled in the registry program, a visiting patient, or a Tribal medical cannabis program patient to whom medical cannabis flower or medical cannabinoid products are distributed under section342.51, subdivision 5;
(2) possession of medical cannabis flower, medical cannabinoid products, or medical cannabis paraphernalia by a registered designated caregiver or a parent, legal guardian, or spouse of a patient enrolled in the registry program; or
(3) possession of medical cannabis flower, medical cannabinoid products, or medical cannabis paraphernalia by any person while carrying out duties required under sections342.51to342.60.
(b) The Office of Cannabis Management, members of the Cannabis Advisory Council, Office of Cannabis Management employees, agents or contractors of the Office of Cannabis Management, members of a Tribal medical cannabis board, a Tribal medical cannabis board's staff, a Tribal medical cannabis board's agents or contractors, and health care practitioners participating in the registry program are not subject to any civil penalties or disciplinary action by the Board of Medical Practice, the Board of Nursing, or any business, occupational, or professional licensing board or entity solely for participating in the registry program or a Tribal medical cannabis program either in a professional capacity or as a patient. A pharmacist licensed under chapter 151 is not subject to any civil penalties or disciplinary action by the Board of Pharmacy when acting in accordance with sections342.51to342.60either in a professional capacity or as a patient. Nothing in this section prohibits a professional licensing board from taking action in response to a violation of law.
(c) Notwithstanding any law to the contrary, a Cannabis Advisory Council member, the governor, or an employee of a state agency must not be held civilly or criminally liable for any injury, loss of property, personal injury, or death caused by any act or omission while acting within the scope of office or employment under sections342.51to342.60.
(d) Federal, state, and local law enforcement authorities are prohibited from accessing the registry except when acting pursuant to a valid search warrant. Notwithstanding section13.09, a violation of this paragraph is a gross misdemeanor.
(e) Notwithstanding any law to the contrary, the office and employees of the office must not release data or information about an individual contained in any report or document or in the registry and must not release data or information obtained about a patient enrolled in the registry program, except as provided in sections342.51to342.60. Notwithstanding section13.09, a violation of this paragraph is a gross misdemeanor.
(f) No information contained in a report or document, contained in the registry, or obtained from a patient under sections342.51to342.60or from a Tribal medical cannabis program patient may be admitted as evidence in a criminal proceeding, unless:
(1) the information is independently obtained; or
(2) admission of the information is sought in a criminal proceeding involving a criminal violation of sections342.51to342.60.
(g) Possession of a registry verification or an application for enrollment in the registry program and possession of a registry verification or its equivalent issued by a Tribal medical cannabis program or application for enrollment in a Tribal medical cannabis program by a person entitled to possess the verification or application:
(1) does not constitute probable cause or reasonable suspicion;
(2) must not be used to support a search of the person or property of the person with a registry verification or application to enroll in the registry program; and
(3) must not subject the person or the property of the person to inspection by any government agency.
(h) A patient enrolled in the registry program or a Tribal medical cannabis program must not be subject to any penalty or disciplinary action by an occupational or a professional licensing board solely because:
(1) the patient is enrolled in the registry program or in a Tribal medical cannabis program; or
(2) the patient has a positive test for cannabis components or metabolites.
Subd. 3.School enrollment; rental property.
(a) No school may refuse to enroll or otherwise penalize a patient or person enrolled in the registry program or a Tribal medical cannabis program as a pupil solely because the patient or person is enrolled in the registry program or a Tribal medical cannabis program, unless failing to do so would violate federal law or regulations or cause the school to lose a monetary or licensing-related benefit under federal law or regulations.
(b) No landlord may refuse to lease to a patient or person enrolled in the registry program or a Tribal medical cannabis program or otherwise penalize a patient or person enrolled in the registry program or a Tribal medical cannabis program solely because the patient or person is enrolled in the registry program or a Tribal medical cannabis program, unless failing to do so would violate federal law or regulations or cause the landlord to lose a monetary or licensing-related benefit under federal law or regulations.
(c) A school must not refuse to enroll a patient as a pupil solely because cannabis is a controlled substance according to the Uniform Controlled Substances Act, United States Code, title 21, section 812.
(d) A school must not penalize a pupil who is a patient solely because cannabis is a controlled substance according to the Uniform Controlled Substances Act, United States Code, title 21, section 812.
(e) A landlord must not refuse to lease a property to a patient solely because cannabis is a controlled substance according to the Uniform Controlled Substances Act, United States Code, title 21, section 812.
(f) A landlord must not otherwise penalize a patient solely because cannabis is a controlled substance according to the Uniform Controlled Substances Act, United States Code, title 21, section 812.
Subd. 4.Medical care.
For purposes of medical care, including organ transplants, a patient's use of medical cannabis flower or medical cannabinoid products according to sections342.51to342.60, or a Tribal medical cannabis program patient's use of medical cannabis as authorized by a Tribal medical cannabis program, is considered the equivalent of the authorized use of a medication used at the discretion of a health care practitioner and does not disqualify a patient from needed medical care.
Subd. 5.Employment.
(a) Unless a failure to do so would violate federal or state law or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based on:
(1) the person's status as an individual enrolled in the registry program;
(2) the person's status as a Tribal medical cannabis program patient; or
(3) a patient's positive drug test for cannabis components or metabolites, unless the patient used, possessed, sold, transported, or was impaired by medical cannabis flower or a medical cannabinoid product on work premises, during working hours, or while operating an employer's machinery, vehicle, or equipment.
(b) An employee who is a patient in the registry program or a Tribal medical cannabis program and whose employer requires the employee to undergo drug testing according to section181.953may present the employee's registry verification or verification of enrollment in a Tribal medical cannabis program as part of the employee's explanation under section181.953, subdivision 6.
Subd. 5a.Notice.
An employer, a school, or a landlord must provide written notice to a patient at least 14 days before the employer, school, or landlord takes an action against the patient that is prohibited under subdivision 3 or 5. The written notice must cite the specific federal law or regulation that the employer, school, or landlord believes would be violated if the employer, school, or landlord fails to take action. The notice must specify what monetary or licensing-related benefit under federal law or regulations that the employer, school, or landlord would lose if the employer, school, or landlord fails to take action.
Subd. 6.Custody; visitation; parenting time.
An individual must not be denied custody of a minor child or visitation rights or parenting time with a minor child based solely on the individual's status as an individual enrolled in the registry program or on the individual's status as a Tribal medical cannabis program patient. There must be no presumption of neglect or child endangerment for conduct allowed under sections342.51to 342.60 or under a Tribal medical cannabis program, unless the individual's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
Subd. 6a.Retaliation prohibited.
A school, a landlord, a health care facility, or an employer must not retaliate against a patient for asserting the patient's rights or seeking remedies under this section or section152.32.
Subd. 7.Action for damages; injunctive relief.
In addition to any other remedy provided by law, an individual enrolled in the registry program or a Tribal medical cannabis program may bring an action for damages against any person who violates subdivision 3, 4, or 5. A person who violates subdivision 3, 4, or 5 is liable to an individual enrolled in the registry program or a Tribal medical cannabis program injured by the violation for the greater of the person's actual damages or a civil penalty of $1,000 and reasonable attorney fees. A patient may bring an action for injunctive relief to prevent or end a violation of subdivisions 3 to 6a.
Subd. 8.Sanctions restricted for those on parole, supervised release, or conditional release.
(a) This subdivision applies to an individual placed on parole, supervised release, or conditional release.
(b) The commissioner of corrections may not:
(1) prohibit an individual from participating in the registry program or a Tribal medical cannabis program as a condition of release; or
(2) revoke an individual's parole, supervised release, or conditional release or otherwise sanction an individual solely:
(i) for participating in the registry program or a Tribal medical cannabis program; or
(ii) for a positive drug test for cannabis components or metabolites.