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APPENDIX
<br />Repealed Minnesota Statutes: HO100-9
<br />for conduct allowed under sections 152.22 to 152.37, unless the person's behavior is such that it
<br />creates an unreasonable danger to the safety of the minor as established by clear and convincing
<br />evidence.
<br />152.33 VIOLATIONS.
<br />Subdivision 1. Intentional diversion; criminal penalty. In addition to any other applicable
<br />penalty in law, a manufacturer or an agent of a manufacturer who intentionally transfers medical
<br />cannabis to a person other than another registered manufacturer, a patient, a registered designated
<br />caregiver or, if listed on the registry verification, a parent, legal guardian, or spouse of a patient is
<br />guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine
<br />of not more than $3,000, or both. A person convicted under this subdivision may not continue to
<br />be affiliated with the manufacturer and is disqualified from further participation under sections
<br />152.22 to 152.37.
<br />Subd. 1 a. Intentional diversion outside the state; penalties. (a) In addition to any other
<br />applicable penalty in law, the commissioner may levy a fine of $250,000 against a manufacturer
<br />and may immediately initiate proceedings to revoke the manufacturer's registration, using the
<br />procedure in section 152.25, if-
<br />(1) an officer, director, or controlling person of the manufacturer pleads or is found guilty under
<br />subdivision 1 of intentionally transferring medical cannabis, while the person was an officer, director,
<br />or controlling person of the manufacturer, to a person other than allowed by law; and
<br />(2) in intentionally transferring medical cannabis to a person other than allowed by law, the
<br />officer, director, or controlling person transported or directed the transport of medical cannabis
<br />outside of Minnesota.
<br />(b) All fines collected under this subdivision shall be deposited in the state government special
<br />revenue fund.
<br />Subd. 2. Diversion by patient, registered designated caregiver, parent, legal guardian, or
<br />patient's spouse; criminal penalty. In addition to any other applicable penalty in law, a patient,
<br />registered designated caregiver or, if listed on the registry verification, a parent, legal guardian, or
<br />spouse of a patient who intentionally sells or otherwise transfers medical cannabis to a person other
<br />than a patient, designated registered caregiver or, if listed on the registry verification, a parent, legal
<br />guardian, or spouse of a patient is guilty of a felony punishable by imprisonment for not more than
<br />two years or by payment of a fine of not more than $3,000, or both.
<br />Subd. 3. False statement; criminal penalty. A person who intentionally makes a false statement
<br />to a law enforcement official about any fact or circumstance relating to the medical use of cannabis
<br />to avoid arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for not more
<br />than 90 days or by payment of a fine of not more than $1,000, or both. The penalty is in addition
<br />to any other penalties that may apply for making a false statement or for the possession, cultivation,
<br />or sale of cannabis not protected by sections 152.22 to 152.37. If a person convicted of violating
<br />this subdivision is a patient or a registered designated caregiver, the person is disqualified from
<br />further participation under sections 152.22 to 152.37.
<br />Subd. 4. Submission of false records; criminal penalty. A person who knowingly submits
<br />false records or documentation required by the commissioner to register as a manufacturer of medical
<br />cannabis under sections 152.22 to 152.37 is guilty of a felony and may be sentenced to imprisonment
<br />for not more than two years or by payment of a fine of not more than $3,000, or both.
<br />Subd. 5. Violation by health care practitioner; criminal penalty. A health care practitioner
<br />who knowingly refers patients to a manufacturer or to a designated caregiver, who advertises as a
<br />manufacturer, or who issues certifications while holding a financial interest in a manufacturer is
<br />guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days or by
<br />payment of a fine of not more than $1,000, or both.
<br />Subd. 6. Other violations; civil penalty. A manufacturer shall be fined up to $1,000 for any
<br />violation of sections 152.22 to 152.3 7, or the regulations issued pursuant to them, where no penalty
<br />has been specified. This penalty is in addition to any other applicable penalties in law.
<br />152.34 HEALTH CARE FACILITIES.
<br />(a) Health care facilities licensed under chapter 144A, hospice providers licensed under chapter
<br />144A, boarding care homes or supervised living facilities licensed under section 144.50, assisted
<br />living facilities, facilities owned, controlled, managed, or under common control with hospitals
<br />licensed under chapter 144, and other health facilities licensed by the commissioner of health, may
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