Subdivision 1. Intentional diversion; criminal penalty. In addition to any other applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally transfers medical cannabis to a person other than another registered manufacturer, a patient, a registered designated caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both. A person convicted under this subdivision may not continue to be affiliated with the manufacturer and is disqualified from further participation under sections 152.22 to 152.37.
Subd. 1a. Intentional diversion outside the state; penalties. (a) In addition to any other applicable penalty in law, the commissioner may levy a fine of $250,000 against a manufacturer and may immediately initiate proceedings to revoke the manufacturer's registration, using the procedure in section 152.25, if:
(1) an officer, director, or controlling person of the manufacturer pleads or is found guilty under subdivision 1 of intentionally transferring medical cannabis, while the person was an officer, director, or controlling person of the manufacturer, to a person other than allowed by law; and
(2) in intentionally transferring medical cannabis to a person other than allowed by law, the officer, director, or controlling person transported or directed the transport of medical cannabis outside of Minnesota.
(b) All fines collected under this subdivision shall be deposited in the state government special revenue fund.
Subd. 2. Diversion by patient, registered designated caregiver, parent, legal guardian, or patient's spouse; criminal penalty. In addition to any other applicable penalty in law, a patient, registered designated caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient who intentionally sells or otherwise transfers medical cannabis to a person other than a patient, designated registered caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient is guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both.
Subd. 3. False statement; criminal penalty. A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by payment of a fine of not more than $1,000, or both. The penalty is in addition to any other penalties that may apply for making a false statement or for the possession, cultivation, or sale of cannabis not protected by sections 152.22 to 152.37. If a person convicted of violating this subdivision is a patient or a registered designated caregiver, the person is disqualified from further participation under sections 152.22 to 152.37.
Subd. 4. Submission of false records; criminal penalty. A person who knowingly submits false records or documentation required by the commissioner to register as a manufacturer of medical cannabis under sections 152.22 to 152.37 is guilty of a felony and may be sentenced to imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both.
Subd. 5. Violation by health care practitioner; criminal penalty. A health care practitioner who knowingly refers patients to a manufacturer or to a designated caregiver, who advertises as a manufacturer, or who issues certifications while holding a financial interest in a manufacturer is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or by payment of a fine of not more than $1,000, or both.
Subd. 6. Other violations; civil penalty. A manufacturer shall be fined up to $1,000 for any violation of sections 152.22 to 152.37, or the regulations issued pursuant to them, where no penalty has been specified. This penalty is in addition to any other applicable penalties in law.
2014 c 311 s 13; 1Sp2017 c 6 art 10 s 127; 1Sp2019 c 9 art 11 s 99,100
Structure Minnesota Statutes
Chapter 152 — Drugs; Controlled Substances
Section 152.02 — Schedules Of Controlled Substances; Administration Of Chapter.
Section 152.021 — Controlled Substance Crime In The First Degree.
Section 152.022 — Controlled Substance Crime In The Second Degree.
Section 152.023 — Controlled Substance Crime In The Third Degree.
Section 152.024 — Controlled Substance Crime In The Fourth Degree.
Section 152.025 — Controlled Substance Crime In The Fifth Degree.
Section 152.026 — Mandatory Sentences.
Section 152.0261 — Importing Controlled Substances Across State Borders.
Section 152.0262 — Possession Of Substances With Intent To Manufacture Methamphetamine Crime.
Section 152.027 — Other Controlled Substance Offenses.
Section 152.0271 — Notice Of Drug Convictions; Driver's License Revocation.
Section 152.0273 — Synthetic Drug Sales; Mandatory Restitution.
Section 152.028 — Permissive Inference Of Knowing Possession.
Section 152.092 — Possession Of Drug Paraphernalia Prohibited.
Section 152.093 — Manufacture Or Delivery Of Drug Paraphernalia Prohibited.
Section 152.094 — Delivery Of Drug Paraphernalia To A Minor Prohibited.
Section 152.095 — Advertisement Of Drug Paraphernalia Prohibited.
Section 152.096 — Conspiracies Prohibited.
Section 152.097 — Simulated Controlled Substances.
Section 152.0972 — Precursors Of Controlled Substances.
Section 152.0973 — Report Of Transaction.
Section 152.0974 — Exceptions.
Section 152.10 — Sales, Persons Eligible.
Section 152.101 — Manufacturers, Records.
Section 152.11 — Prescriptions.
Section 152.12 — Health Care Providers May Prescribe.
Section 152.125 — Intractable Pain.
Section 152.126 — Prescription Monitoring Program.
Section 152.13 — Duties Of State Board Of Pharmacy.
Section 152.135 — Restrictions On Sales, Marketing, And Possession Of Ephedrine.
Section 152.136 — Anhydrous Ammonia; Prohibited Conduct; Criminal Penalties; Civil Liability.
Section 152.137 — Methamphetamine-related Crimes Involving Children And Vulnerable Adults.
Section 152.152 — Stayed Sentence Limited.
Section 152.18 — Discharge And Dismissal.
Section 152.20 — Penalties Under Other Laws.
Section 152.205 — Local Regulations.
Section 152.21 — Thc Therapeutic Research Act.
Section 152.24 — Federally Approved Clinical Trials.
Section 152.25 — Commissioner Duties.
Section 152.261 — Rules; Adverse Incidents.
Section 152.27 — Patient Registry Program Established.
Section 152.28 — Health Care Practitioner Duties.
Section 152.29 — Manufacturer Of Medical Cannabis Duties.
Section 152.30 — Patient Duties.
Section 152.31 — Data Practices.
Section 152.32 — Protections For Registry Program Participation.
Section 152.34 — Health Care Facilities.
Section 152.35 — Fees; Deposit Of Revenue.
Section 152.36 — Impact Assessment Of Medical Cannabis Therapeutic Research.