SF4957

Purpose

• Modify rules for registered designated caregivers in Minnesota’s medical cannabis system.
• Expand how many patients a caregiver can assist and how many cannabis plants can be cultivated, while adding security and eligibility requirements.

Main Provisions

• Cultivation by registered designated caregiver (new subdivision under section 342.09)

  • A registered designated caregiver approved to assist patients in the registry may cultivate cannabis plants on behalf of up to eight registered patients.
  • For each registered patient, the caregiver may cultivate up to 12 cannabis plants, with no more than six plants per patient being mature or flowering at any one time.
  • All cultivation must occur in an enclosed, locked space and must not be visible from a public place.
  • Cultivation is for the sole use of the registered patients assigned to the caregiver.
  • If a patient assigns cultivation rights to a caregiver, the patient must not cultivate cannabis for personal use at the same time.

• Registered designated caregiver eligibility and limits (amendments to section 342.52, subdivision 9)

  • The office must register a designated caregiver for a patient if the patient needs help obtaining medical cannabis flower, medical cannabinoid products, paraphernalia, or cultivating cannabis plants as allowed by the statute.
  • To become a designated caregiver, a person must be at least 18 years old, agree to only possess the patient’s medical cannabis products for assisting the patient, and agree not to serve as a caregiver for more than six to eight registered patients at one time. Patients who live in the same residence count as one patient.
  • A caregiver can also be enrolled in the registry as a patient and possess/administer cannabis as a patient.
  • Regardless of other laws, a caregiver approved to assist a patient with obtaining medical cannabis flower may cultivate cannabis plants on behalf of one patient.
  • A caregiver may grow up to eight cannabis plants for the patient household the caregiver is approved to assist with.
  • If a patient directs the caregiver to cultivate for the patient, the patient must assign the right to cultivate to the caregiver and notify the office.
  • A patient who assigns the right to cultivate to a caregiver cannot cultivate cannabis for personal use.
  • The changes do not limit a caregiver from cultivating cannabis plants for personal use under existing provisions, as long as allowed by 342.09 subdivision 2.

Significant Changes to Law

• Increased capacity for caregivers:
  • Up to eight registered patients per caregiver (instead of smaller caps or undefined limits in prior law).
  • Up to 12 plants per patient, with up to six mature/flowering per patient at once.
• Expanded caregiver role:
  • Caregivers can cultivate on behalf of multiple patients and for the patient’s household, with explicit rules for assigning cultivation rights.
• New and clarified eligibility:
  • Clear age requirement (18+), possession limits, and a cap on the number of patients per caregiver (six to eight).
• Patient-caregiver relationship rules:
  • Patients can assign cultivation rights to a caregiver and must notify the office.
  • Patients who assign rights cannot cultivate for personal use, while caregivers may still have other activities allowed by law.

Practical Implications

• For patients: More options to receive cannabis through a designated caregiver, potentially improving access for households with multiple patients.
• For caregivers: Increased workload and responsibility, with tighter caps on the number of patients and specific cultivation duties and security requirements.
• For the registry program: More extensive caregiver verification and tracking of plant counts, patient households, and cultivation rights.

Note on Terminology

• Key terms used in the bill include: registered designated caregiver, patient, registry program, medical cannabis flower, medical cannabinoid products, enclosed locked space, mature or flowering plants, cultivation, and assignment of cultivation rights.

Summary

The bill broadens and tightens the framework for registered designated caregivers in Minnesota’s medical cannabis program. It allows a caregiver to assist up to eight patients and to cultivate up to 12 cannabis plants per patient, with a limit of six mature/flowering plants per patient at any time, all kept in a secure, enclosed space and used only for those patients. It also expands caregiver eligibility and registration rules, including age requirements, limits on the number of patients a caregiver can serve, and the process for assigning cultivation rights from a patient to a caregiver. Patients who assign cultivation rights cannot grow cannabis for personal use, while caregivers may still cultivate for personal use under existing provisions if permitted.

Relevant Terms - registered designated caregiver - patient - registry program - medical cannabis flower - medical cannabinoid products - cultivation - cultivate cannabis plants - enclosed locked space - mature plants - flowering plants - assignment of cultivation rights - eight registered patients - twelve cannabis plants per patient - six mature/flowering per patient - household (patient household) - prohibition on simultaneous personal cultivation by assigned patient - eligibility (18+, assist with obtaining, possession limits) - office (licensing/registry authority)