SF795

Purpose

• To limit where medical cannabis can be vaporized or smoked, specifically by prohibiting these activities in multifamily housing settings. The bill aims to protect residents from secondhand exposure and align cannabis-use locations with existing restrictions.

Main Provisions

• In multifamily housing:
  • Vaporizing or smoking medical cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products is prohibited in a multifamily housing building, including balconies and patios appurtenant thereto.
  • There is an exception noted for the use of medical cannabis flower or medical cannabinoid products, but the prohibition on vaporizing or smoking in multifamily housing still applies to these forms in most cases.
  • Violations are punishable by a civil administrative fine of $250.
• In other locations, the bill maintains or reiterates existing restrictions on cannabis consumption:
  • Not allowed on school buses or in correctional facilities.
  • Not allowed in state-operated treatment programs (including the Minnesota sex offender program).
  • Not allowed on the grounds of child care facilities or family/group family day care programs.
  • Not allowed to vaporize or smoke in public transportation, in any public place, or while operating or being in control of a motor vehicle, aircraft, train, motorboat, or related transportation property.
  • General prohibition applies to vaporizing or smoking in public places and is consistent with the broader restrictions in Minnesota law.
• The bill also notes that nothing in these provisions prevents penalties for negligent or malpractice-related activities conducted under the influence of medical cannabis or cannabinoid products.

Significant Changes to Existing Law

• Adds a targeted prohibition on vaporizing or smoking medical cannabis in multifamily housing, including private balconies and patios.
• Establishes a specific civil penalty amount ($250) for violations in multifamily housing.
• Reinforces the framework of location-based restrictions by referencing and aligning with existing sections that govern where medical cannabis use is or is not allowed.
• Clarifies that other penalties can still apply for tasks performed under the influence if they meet negligence or malpractice standards, maintaining accountability beyond the new multifamily housing rule.

Enforcement and Penalties (Overview)

• Civil administrative fine of $250 for violations related to the multifamily housing prohibition.
• Other penalties (civil or criminal) may apply under existing statutes if conduct constitutes negligence or professional malpractice while under the influence.

Relevant Terms - medical cannabis - cannabis vaporizing - smoking - multifamily housing - multifamily housing building including balconies and patios appurtenant thereto - medical cannabis flower - medical cannabinoid products - hemp-derived consumer products - civil administrative fine - $250 - Minnesota Statutes 2024 section 342.56 subdivision 1 - public places - public transportation - school bus - correctional facility - state-operated treatment program - Minnesota sex offender program - child care facility - family or group family day care program - motor vehicle - aircraft - train - motorboat - negligence - professional malpractice