1.1    .................... moves to amend H. F. No. 655 as follows:
1.2Page 2, line 31, after "hepatitis C," insert "Tourette's Syndrome,"
1.3Page 2, line 21, delete everything after the comma and insert "a physician assistant
1.4or an advance practice registered nurse."
1.5Page 4, line 7, after "patient" insert ", provided that nothing shall prevent a
1.6practitioner from being sanctioned for failure to properly evaluate a patient's medical
1.7condition or otherwise violate the standard of care for evaluating medical conditions"
1.8Page 4, line 13, delete "fair market value of the marijuana." and insert "value of the
1.9marijuana. The value will be presumed to be $200 per ounce, or the proportionate share
1.10of an ounce, unless the cardholder shows that he or she bought the marijuana from a
1.11registered organization at a different price."
1.12Page 4, after line 23, insert:
1.13    "Subd. 10. Nursing facilities. Nursing facilities licensed under chapter 144A or
1.14boarding care homes licensed under section 144.50 can adopt reasonable restrictions on
1.15the use of medical marijuana by their residents. Such restrictions may include a provision
1.16that the facility will not store or maintain the patient's supply of medical marijuana, that
1.17caregivers or the hospice agencies serving their residents are not responsible for providing
1.18the marijuana for qualifying patients, that marijuana be consumed in a method other than
1.19smoking, and that medical marijuana be consumed only in a place specified by the facility.
1.20Nothing contained herein, however, shall require such facilities to adopt such restrictions
1.21and no facility shall unreasonably limit a qualifying patient's access to or use of marijuana."
1.22Page 8, line 10, after "aircraft," insert "train,"
1.23Page 8, delete section 8
1.24Page 10, line 15, delete everything after "Rulemaking."
1.25Page 11, line 19, delete the colon
1.26Page 11, delete line 20
1.27Page 11, line 21, delete "(2) "
2.1Page 11, delete lines 25 and 26
2.2Page 11, before line 27, insert:
2.3    "Subd. 7. Background checks; felony drug convictions. (a) The department
2.4shall request a criminal history background check from the superintendent of the Bureau
2.5of Criminal Apprehension on all employees, agents, and board members of a registered
2.6organization. An application for registry identification cards for employees, agents, and
2.7board members must be accompanied by an executed criminal history consent form,
2.8including fingerprints.
2.9(b) The superintendent of the Bureau of Criminal Apprehension shall perform
2.10the background check required under paragraph (a) by retrieving criminal history data
2.11maintained in the criminal justice information system computers and shall also conduct
2.12a search of the national criminal records repository, including the criminal justice data
2.13communications network. The superintendent is authorized to exchange fingerprints with
2.14the Federal Bureau of Investigation for purposes of the criminal history check.
2.15(c) The Bureau of Criminal Apprehension and its agents may not directly or
2.16indirectly disclose to the Federal Bureau of Investigation or any other person that the
2.17purpose of the background check is related to the medical use of marijuana or registered
2.18organizations.
2.19(d) The department shall refuse to issue a registry card to any agent, employee, or
2.20board member of a registered organization who has been convicted of a drug felony.
2.21The department shall notify the registered organization in writing of the purpose for
2.22denying the registry identification card. However, the department may grant the person a
2.23registry identification card if his or her conviction was for the medical use of marijuana or
2.24assisting with the medical use of marijuana.
2.25(e) If a registered organization has employed an agent, board member, or employee
2.26and is notified that the person failed the background check, it shall terminate the person's
2.27status as an agent, board member, or employee within 24 hours of receiving written
2.28notification. The result of the criminal background check is private information, and the
2.29registered organization may not disclose it, except to defend itself of any charges related
2.30to employment law.
2.31(f) No person who has been convicted of a drug felony may be the agent, board
2.32member, or employee of a registered organization. Notwithstanding this provision, a
2.33person may apply to the department for a waiver if his or her conviction was for the
2.34medical use of marijuana or assisting with the medical use of marijuana. A person who is
2.35employed by, an agent of, or a board member of a registered organization in violation of
2.36this section is guilty of a civil violation punishable by a fine of up to $1,000. A subsequent
3.1violation of this section is a misdemeanor punishable by up to six months in jail and
3.2a $1,000 fine.
3.3(g) No registered organization may knowingly and willfully allow a person who has
3.4been convicted of a drug felony to be its agent, board member, or employee unless the
3.5department has granted the person a registry identification card because the person's
3.6conviction was for the medical use of marijuana. A violation is punishable by a fine of
3.7up to $2,000."
3.8Page 11, line 27, delete "Subd. 7." and insert "Subd. 8."
3.9Renumber the sections in sequence and correct the internal references
3.10Amend the title accordingly