House Version of Competing Minnesota Medical Marijuana Bills Faces Legal Hurdles That Senate Version Does Not

Last week the Minnesota House and the Minnesota Senate each passed different versions of a medical marijuana law to provide relief to some of the sick and dying.  (Current SF 2470 is the House Delete-All Bill; while current SF 1641 is the Senate Bill.)  The previous post points out some of the differences in the two Bills, which will go to a Senate-House Conference Committee.  Once the Conference Committee negotiates a single Bill from the two versions, the Bill will go back to the House and Senate for an up or down vote; and if passed, it will then go to the Governor for consideration for approval into law.

One key difference between the two versions is that the the House Bill follows a medical, clinical study format with distribution through pharmacists.  This fundamental difference will trigger presumably unintended consequences that will likely may the proposed law unworkable under other, existing Minnesota laws relating to pharmacists.

These other laws relating to pharmacies are not an issue for the Senate Bill because it follows a dispensary model, as other the other twenty-one medical marijuana states do; and does not include pharmacists  in distribution of medicine.

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House bill affirmatively requires a pharmacist to dispense cannabis. Senate bill does not.

Here are some pharmacist-related Minnesota laws and rules that will create trouble for the House bill:

Minnesota Statutes §151.15 COMPOUNDING DRUGS UNLAWFUL UNDER CERTAIN CONDITIONS.  “It shall be unlawful for any person to compound, dispense, vend, or sell drugs, medicines, chemicals, or poisons in any place other than a pharmacy, except as provided in this chapter.”

Minnesota Statutes §151.06 POWERS AND DUTIES. Subdivision 1. “Generally; rules. a) Powers and duties. The Board of Pharmacy shall have the power and it shall be its duty:
(7) to deny, suspend, revoke, or refuse to renew any registration or license required under this chapter, to any applicant or registrant or licensee upon any of the following grounds: …
(ii) in the case of a pharmacist, conviction in any court of a felony; …
(vii) employing, assisting, or enabling in any manner an unlicensed person to practice pharmacy; …
(ix) violation of any of the provisions of this chapter or any of the rules of the State Board of Pharmacy;”

Minnesota Administrative Rules § 6800.2250 UNPROFESSIONAL CONDUCT.  “Subpart 1. Prohibited conduct. Unprofessional conduct shall include, but is not limited to, the following acts of a pharmacist or pharmacy:

H. The violation of any law, rule, regulation, or ordinance of the state or any of its political subdivisions, including the Board of Pharmacy, or the United States government, or any agency thereof relating to the practice of pharmacy.

Subp. 3. Accessories to illegal drug traffic. The selling, giving away, or otherwise disposing of accessories (i.e., glassine papers, empty capsules, quinine, lactose, or similar products), chemicals, or drugs found in illegal drug traffic is unprofessional conduct by a pharmacist when the pharmacist knows or should have known of their intended use in illegal activities.

It is unclear how the House version (SF 2470 the House Delete-All Bill) can be fixed to avoid these problems which would appear to make it completely unworkable and illusory.  It is based on distribution through pharmacists — a new, first-time experiment in the United States.  No other medical marijuana state has ever tried this approach before.  On the other hand the Senate version (SF 1641 the Senate Bill) relies upon the tried and true method of dispensaries, which has been used for years in the other states with legal medical marijuana programs.  If Minnesota truly wants to provide needed compassionate relief to the sick, ill and dying in Minnesota, let’s hope the legislature’s Conference Committee agrees to send the Senate version for final approval to the House, Senate and Governor.

One response to “House Version of Competing Minnesota Medical Marijuana Bills Faces Legal Hurdles That Senate Version Does Not

  1. Pingback: Minn. Lawmakers Eye A Medical Marijuana Compromise

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