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APPENDIX <br />Repealed Minnesota Statutes: HO100-9 <br />required to participate in a chemical dependency evaluation and treatment if so indicated by the <br />evaluation. <br />(c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully and <br />intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor. Compliance <br />with the terms of the sentence imposed before conviction under this paragraph is an absolute defense. <br />152.21 THC THERAPEUTIC RESEARCH ACT. <br />Subdivision 1. Findings and purpose. The legislature finds that scientific literature indicates <br />promise for delta-9-tetrahydro-cannabinol (THC), the active component of marijuana, in alleviating <br />certain side effects of cancer chemotherapy under strictly controlled medical circumstances. <br />The legislature also finds that further research and strictly controlled experimentation regarding <br />the therapeutic use of THC is necessary and desirable. The intent of this section is to establish an <br />extensive research program to investigate and report on the therapeutic effects of THC under strictly <br />controlled circumstances in compliance with all federal laws and regulations promulgated by the <br />federal Food and Drug Administration, the National Institute on Drug Abuse and the Drug <br />Enforcement Administration. The intent of the legislature is to allow this research program the <br />greatest possible access to qualified cancer patients residing in Minnesota who meet protocol <br />requirements. The establishment of this research program is not intended in any manner whatsoever <br />to condone or promote the illicit recreational use of marijuana. <br />Subd. 2. Definitions. For purposes of this section, the following terms shall have the meanings <br />given. <br />(a) "Commissioner" means the commissioner of health. <br />(b) "Marijuana" means marijuana as defined in section 152.01, subdivision 9, and <br />delta-9-tetrahydro-cannabinol (THC), tetrahydrocannabinols or a chemical derivative of <br />tetrahydrocannabinols, and all species of the genus Cannabis. <br />(c) "Principal investigator" means the individual responsible for the medical and scientific <br />aspects of the research, development of protocol, and contacting and qualifying the clinical <br />investigators in the state. <br />(d) "Clinical investigators" means those individuals who conduct the clinical trials. <br />(e) "Sponsor" means that individual or organization who, acting on behalf of the state, has the <br />total responsibility for the state program. <br />Subd. 3. Research grant. The commissioner of health shall grant funds to the principal <br />investigator selected by the commissioner pursuant to subdivision 4 for the purpose of conducting <br />a research program under a protocol approved by the FDA regarding the therapeutic use of oral <br />THC and other dosage forms, if available, according to the guidelines and requirements of the <br />federal Food and Drug Administration, the Drug Enforcement Administration and the National <br />Institute on Drug Abuse. The commissioner shall ensure that the research principal investigator <br />complies with the requirements of subdivision 5. The commissioner may designate the principal <br />investigator as the sponsor. <br />Subd. 4. Principal investigator. Within three months of April 25, 1980, the commissioner <br />shall, in consultation with a representative chosen by the state Board of Pharmacy and a representative <br />chosen by the state Board of Medical Examiners, select a person or research organization to be the <br />principal investigator of the research program. <br />Subd. 5. Duties. The principal investigator shall: <br />(1) apply to the Food and Drug Administration for a notice of "Claimed Investigational <br />Exemption for a New Drug (IND)" pursuant to the Federal Food, Drug and Cosmetic Act, United <br />States Code, title 21, section 301, et seq., and shall comply with all applicable laws and regulations <br />of the federal Food and Drug Administration, the Drug Enforcement Administration, and the National <br />Institute on Drug Abuse in establishing the program; <br />(2) notify every oncologist in the state of the program, explain the purposes and requirements <br />of the program to them, provide on request each of them with a copy of the approved protocol which <br />shall include summaries of current papers in medical j ournals reporting on research concerning the <br />safety, efficacy and appropriate use of THC in alleviating the nausea and emetic effects of cancer <br />chemotherapy, and provide on request each of them with a bibliography of other articles published <br />in medical journals; <br />4R <br />