The bill “cleared the first of what may be up to a dozen committee hurdles when the House Commerce Finance and Policy Committee approved” the measure “by a voice vote Wednesday and sent it to the House Judiciary Finance and Civil Law Committee,” the Minnesota House of Representatives Public Information Services department reported.

The bill would legalize cannabis for adults 21 and older, and would establish the regulatory framework for legal marijuana sales that would begin within months of the measure’s passage. 

It was introduced by Democrats in the Minnesota House of Representatives last week.

“Cannabis should not be illegal in Minnesota,” Democratic state House Rep. Zack Stephenson, one of the bill’s authors, said at a press conference announcing the legislation at the state capitol last week. “Minnesotans deserve the freedom and respect to make responsible decisions about cannabis themselves. Our current laws are doing more harm than good. State and local governments are spending millions enforcing laws that aren’t helping anyone.”

Stephenson and his fellow Democrats in St. Paul have long been eager to bring cannabis legalization to the Land of 10,000 Lakes, but they have until now been stymied by Republican lawmakers.

But that changed after November’s elections, when Minnesota Democrats regained control of the state Senate and retained their majority in the state House of Representatives. 

The state’s Democratic governor, Tim Walz, also won re-election this past fall, and has been a vocal advocate for marijuana legalization in Minnesota.

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota. I’m ready to sign it into law,” Walz said in a tweet after Democrats introduced the legalization bill earlier this month.

At the committee meeting on Wednesday, Stephenson expressed confidence that the bill, buttressed by public support, would ultimately make it to Walz’s desk.

The news service recapped amendments that were considered at the committee meeting on Wednesday:

“The subject of local control — or lack thereof — was the subject of an amendment unsuccessfully offered by Rep. Kurt Daudt (R-Crown). It would have given cities or towns options to enact local ordinances regulating cannabis business licenses that could differ from those proposed statewide. Two other Republican amendments were adopted. One offered by Rep. Anne Neu Brindley (R-North Branch) would add a health warning for pregnant or breastfeeding women on cannabis products. And an amendment from Rep. Jeff Dotseth (R-Kettle River) would require the Office of Cannabis Management to study the health effects of secondhand cannabis smoke. Stephenson said the Dotseth amendment was a good idea, but noted his bill already would prohibit smoking cannabis in places where smoking is not allowed under the Clean Indoor Air Act.”

Polls have shown that Minnesota voters are ready to enter a post-prohibition era. 

The moves by state Democrats were foreshadowed by one of Minnesota’s best-known politicians, former Gov. Jesse Ventura, who said after the November elections that Walz had called him directly to say that legalization would get done.

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said at the time. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

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The legislation, spanning 243 pages, “would set up a regulatory framework and permit cannabis use for any reason for people 21 and older,” according to Minnesota Public Radio, which noted that legal “marijuana sales and use would begin within months of passage of [the bill].”

“Cannabis should not be illegal in Minnesota,” Democratic state House Rep. Zack Stephenson, one of the bill’s authors, said at a press conference on Thursday at the state capitol in St. Paul, as quoted by Minnesota Public Radio. “Minnesotans deserve the freedom and respect to make responsible decisions about cannabis themselves. Our current laws are doing more harm than good. State and local governments are spending millions enforcing laws that aren’t helping anyone.”

Local news station WCCO reports that the proposal would “legalize the purchase, sale and use of recreational cannabis for Minnesotans 21 or older,” and would also “expunge low-level cannabis convictions, which Democrats say is an equity issue because Black residents are disproportionately arrested for possession, according to data from the ACLU.”

“We designed this bill to address the wrongs of prohibition, to bring people out of the illicit market and into a regulated market, which means that we tried to not have a really high tax on cannabis so that it can compete,” said Democratic state House Rep. Aisha Gomez, as quoted by Minnesota Public Radio.

Democrats there are bullish that this will be the year Minnesota joins the dozens of other states to end the prohibition on pot. 

“I believe 2023 will be the year we legalize adult-use cannabis,” Stephenson said at the press conference on Thursday, as quoted by WCCO.

Stephenson is right to be confident about the bill’s prospects. Democrats won back control of the state Senate in November’s elections and retained their majority in the state House. The state’s Democratic governor, Tim Walz, also secured re-election last year, and has long championed cannabis legalization. 

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota. I’m ready to sign it into law,” Walz said in a tweet on Thursday. 

The move by state Democrats on Thursday was telegraphed by one of Walz’s predecessors. 

Following the November elections, former Minnesota Gov. Jesse Ventura said that Walz pledged to him personally that Democrats would get legalization over the line in 2023. 

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said, at the time. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

There is reason to believe that voters in the Land of 10,000 Lakes are ready for legalization, too.

A poll released in September found that 53% of voters in Minnesota support legalizing recreational pot use, while only 36% of voters there said they were opposed.

Minnesotans don’t have to wait for the bill’s passage to get a fix though. A law that took effect last summer authorized the sale of food and beverages containing a small amount of THC.

The post Minnesota Dems Introduce Legalization Bill appeared first on High Times.

The lawsuit filed by the Minnesota Board of Pharmacy targets three companies, one of which, Northland Vapor—a company with retail locations in Minnesota, North Dakota, and South Dakota—allegedly “sold edible cannabinoid products that contain THC far in excess of five milligrams per serving and far in excess of 50 milligrams per package.”

Under Minnesota state law, the Board of Pharmacy explained, “an edible cannabinoid product…must not contain more than five milligrams of any hemp-derived tetrahydrocannabinol (THC) in a single serving or more than a total of 50 milligrams per package.”

Investigators for the agency “found packages containing 2,500 milligrams of THC, 50 times the amount permitted under Minnesota law,” the Board said. 

Perhaps the most notable contraband swept up in the investigation were thousands of packages of the Delta-8 THC products known as “Death by Gummy Bears.”

As the Minnesota Board of Pharmacy explained, the “U.S. Food and Drug Administration (FDA) received complaints about serious adverse events associated with Northland Vapor’s ‘Death by Gummy Bears’ delta-8 THC products, including a death.”

Minnesota Public Radio reports that the board’s lawsuit “says the owner of the companies, Brett Erpelding, acknowledged to investigators that they sold products that were not in compliance with Minnesota law but maintained the products were not sold in Minnesota.”

“The pharmacy board, in conjunction with the U.S. Food and Drug Administration, has been investigating Erpelding’s companies after the FDA was notified in October that a healthy 23-year-old in West Virginia died shortly after consuming 10 Death by Gummy Bears brand items. The cause of death in the case was listed as undetermined,” Minnesota Public Radio reported.

Last month, on November 8, the Board of Pharmacy and the FDA “initiated an inspection at Northland Vapor’s manufacturing warehouse in Moorhead, Minnesota,” the Board said in its release, noting that investigators discovered “edible cannabinoid products that matched those for sale on the companies’ websites and at their retail location that were in violation of state law, including the following: Approximately 28,896 packages of Death by Gummy Bears, labeled as 25 individual gummy bears at 100 milligrams of THC per serving, totaling 2,500 milligrams per package; Approximately 112,710 packages of Death by Gummy Bears, labeled as 10 individual gummy bears at 100 milligrams of THC per serving, totaling 1,000 milligrams per package; Approximately 2,400 packages of Wonky Weeds Gummies, labeled as 10 individual gummies at 30 milligrams of THC per serving, totaling 300 milligrams per package; and Approximately 2,310 bottles of Wonky Weeds THC Syrup, containing 700 milligrams of THC per bottle.”

The state’s new edible law took effect last summer, catching some lawmakers and residents off guard, who weren’t aware that Minnesota had effectively legalized recreational cannabis. The law has come under criticism for its lack of regulations and safeguards.

The state’s Democratic governor, Tim Walz, has long expressed his support for legalization and now that he has secured re-election––and now that the Democrats have regained control of the state legislature––there is hope that an even more robust cannabis law may soon be arriving in the Land of 10,000 Lakes. 

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“We are adding the new qualifying conditions to allow patients more therapy options for conditions that can be debilitating,” Minnesota Commissioner of Health Jan Malcolm said in a statement from the health department.

Irritable bowel syndrome (IBS) is a disorder characterized by abdominal pain or discomfort, as well as irregular bowel movements that can result in diarrhea, constipation, both diarrhea and constipation, or bloating. Obsessive-compulsive disorder (OCD) is characterized by recurring, intrusive thoughts that often cause significant emotional distress and anxiety in those living with the disorder. This can lead to repetitive actions or other behaviors that those affected by the condition feel compelled to perform to reduce that distress.

“Research has shown that people who suffer from these conditions can see benefits from using medical cannabis to treat their symptoms,” the health department wrote. 

The new qualifying conditions offer a modest expansion to the state’s medical cannabis program, with an estimated 10% of adults having IBS and 1% meeting the diagnostic criteria for OCD, according to media reports. 

Minnesota Patients Support Adding New Conditions

In public comments on the petitions to add IBS and obsessive-compulsive disorder to Minnesota’s medical marijuana program, a man identified by the initials RH described himself as a working professional with a wife and two daughters.

“My daily life consists of constant fear and stress,” said RH, who noted he has OCD. “Practically the only time I am free of the symptoms is when I am sleeping.”

Under state rules, patients certified for the newly approved qualifying medical conditions will become eligible to enroll in the state’s medical cannabis program on July 1, 2023. Patients will be able to receive medical cannabis from either of the state’s two medical cannabis manufacturers beginning on August 1, 2023. Patients who wish to use medical marijuana to treat any of the state’s qualifying conditions need advance certification from a participating Minnesota healthcare provider.

Opioid Use Disorder Not Approved

The health department declined to approve petitions to add opioid use disorder and gastroparesis, a condition that affects the normal spontaneous movement of the stomach muscles, to Minnesota’s list of conditions that qualify a patient to use medical marijuana. The petition not to add gastroparesis was not approved as a qualifying medical condition because research indicates that cannabis can make the condition worse.

Chris Tholkes, director of the Minnesota Department of Health’s Office of Medical Cannabis, said that the decision not to add opioid use disorder was a difficult one, noting that limited access to existing treatment options, such as methadone clinics, in some geographic areas was one factor that supported approval of the petition.

“We did struggle with this one,” Tholkes told the Star Tribune, adding that medical providers were concerned that “introducing another type of drug could lead to relapse. And in the case of opioid use, relapse can be fatal.”

The decision not to approve opioid use disorder comes as Minnesota and the nation remain in the grips of an opioid overdose death epidemic. Many public comments revealed success in substituting marijuana for opioids.

“After having gone (through) nine years of painkiller use under medical prescription for pain, I know that the use of cannabis would help ease the withdrawal side of it,” said a commenter, identified publicly by the initials TB. “I only use cannabis now.”

When Minnesota lawmakers passed legislation creating the state’s medical cannabis program in 2014, the law included nine conditions that qualified a patient to receive medical cannabis. With the new additions, the list of qualifying conditions will be 19. Current qualifying conditions include chronic pain, post-traumatic stress disorder (PTSD), cancer in certain circumstances, glaucoma, and other serious medical conditions.

More than 39,000 Minnesotans are enrolled in the state’s medical marijuana program, up from 29,000 in 2021. Almost all registered participants are qualified because of intractable or chronic pain, and about a third for PTSD. Muscle spasms, cancer, and sleep apnea are also common qualifying conditions.

New Conditions Considered Annually

Each year, the health department conducts a formal petition process to solicit public input on potential qualifying medical conditions and delivery methods, followed by a public comment period and a review panel.

Under state rules, the commissioner of health is required to annually consider new petitions to add qualifying medical conditions and cannabis delivery methods. No petitions for new delivery methods were submitted this year.

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Minnesota Gov. Tim Walz secured a second term in Tuesday’s election, beating Republican challenger Scott Jensen 52% to 45%. That wasn’t the only good news of the night for Walz. Democrats in the state flipped the state Senate, giving the party control over the entire legislature. 

Ventura, who served as governor of Minnesota from 1999 to 2003, said on his podcast that Walz gave him a call on Wednesday––and shared some news that will excite legalization advocates in the Land of 10,000 Lakes.

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said, as quoted by local news station Fox 9. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

Ventura endorsed Walz in his re-election campaign last month, and the former governor said the incumbent reached out to thank him for his support.

Ventura also said that Walz “invited him to attend the future bill signing ceremony,” according to Fox 9.

“The thing that honors me is I’ve been invited to when the bill gets signed,” Ventura said, as quoted by the station. “The current governor, he said, ‘This started with you, so you deserve to be there and see it come to a close over 20 years later.'”

Walz has long spoken in favor of legalizing cannabis for adults in the state. In January, he and his lieutenant governor, Peggy Flanagan, introduced a budget proposal that included marijuana legalization.

The proposal included “a tax on marijuana, a measure to expunge non-violent marijuana-related convictions, the creation of a Cannabis Management Office and resources for substance-abuse prevention and treatment,” according to the Minnesota Reformer.

That proposal was met with immediate opposition from a coalition of various businesses, trade groups and other organizations that formed “Minnesotans Against Marijuana Legalization” earlier this year.

Democrats in the Minnesota state House have pushed legalization measures for years.

House Majority Leader Ryan Winkler helped pass a legalization bill in that chamber last year.

“The failed criminalization of cannabis has resulted in a legacy of racial injustice that can no longer go unaddressed,” Winkler said in a statement following its passage in 2021. “Adults deserve the freedom to decide whether to use cannabis, and our state government should play an important role in addressing legitimate concerns around youth access, public health, and road safety. Veterans and Minnesotans with serious illnesses like PTSD deserve better access to our medical program, which is not working well for most people. It’s time to legalize, expunge, and regulate.”

Walz not only has the legislature now on his side, but polls have shown that Minnesota voters are also ready to end pot prohibition in the state.

A survey from the Minneapolis Star Tribune in September found that 53% of voters in the state support the legalization of recreational pot use, while just 36% said they were opposed to the idea.

But those voters can still get high legally, thanks to a law that took effect in July allowing the sale of food and drink products containing small amounts of THC.

The law caught surprised some legislators, who had no idea that the bill they passed––which was aimed at providing stronger regulation on hemp-derived products––effectively legalized weed.

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The new MPR News/Star Tribune/KARE 11 survey, which was released on Sunday, found that 53% of registered voters in the Land of 10,000 Lakes support the legalization of recreational cannabis use, while 36% of voters said they were opposed. Eleven percent of Minnesota voters said they were not sure, according to the poll.

The findings come in the shadow of a new state law that took effect in July that permitted the sale of food and drink products that contain a small amount of THC.

The new law slipped through the cracks in the state legislature, catching consumers and even some lawmakers off guard when the edibles hit shelves this past summer.

It was written by Democratic state House Rep. Heather Edelson, who said her intention was to place rules and standards on hemp-derived products that were underregulated.

“There were these products that essentially didn’t really have regulations on them. But people were consuming them,” Edelson said at the time.“They were being sold all over the state of Minnesota, and a lot of them in gas stations.”

Under the new law, food and beverages with .3% THC may be sold so long as the cannabinoid has been derived from legally produced hemp.

That cleared the way for a slew of new edibles sold in Minnesota, prompting some local governments to impose their own restrictions on the sale.

Some Republican lawmakers said they were blindsided and that they had no idea the bill would result in the sale of edibles.

“I thought we were doing a technical fix, and it winded up having a broader impact than I expected,” Republican state Sen. Jim Abeler said at the time.

The findings from the new survey, which was conducted last week, suggest that voters in Minnesota want to go even further with cannabis reform.

As Minnesota Public Radio reported, support “for legalizing cannabis cuts across age groups, voters’ geographic location, level of education, race and gender, with majorities backing the plan across those categories,” although legalization “faces greater opposition among Republicans, with just under 65% of those who identified as Republicans opposing the proposal to make cannabis available for recreational use, compared to 29% of GOP voters who support it.”

The poll was conducted September 12-14 and is based on interviews with 800 registered voters. It has a margin of error of 3.5%.

The Minnesota legislature is currently split, with Democrats controlling the state House and Republicans holding a majority in the state Senate. The state’s Democratic governor, Tim Walz, has expressed his support for the legalization of recreational cannabis use for adults.

In his office’s budget proposal in January, Walz called on the legislature to legalize recreational pot use and establish a new Cannabis Management Office to regulate sales in the state.

The governor’s budget proposal would dedicate “25 million dollars toward the legalization of adult-use marijuana in Minnesota,” FOX9 reported.

The Cannabis Management Office would “be tasked with developing a framework for legal cannabis in Minnesota,” the station reported, and the $25 million in earmarked funds “would also pay for grants for ‘individuals entering the legal cannabis market.’”

 On April 20 this year, Walz reiterated his support for the policy.

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota,” Walz said on Twitter.

Walz is up for re-election this year. His Republican challenger, Scott Jensen, has said he is in favor of bringing the legalization question before Minnesota voters on the ballot.

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The measure allows foods and beverages to be infused with up to 0.3% THC, provided that the cannabinoid has been sourced from legally produced hemp, which was legalized by the 2018 Farm Bill. The legislation permits edible products with up to 5 mg THC per serving, with a maximum of 50 mg per package. The sale of edibles with hemp-derived THC is restricted to adults 21 and older.

Cannabis advocates say that they are surprised the bill passed at the end of the 2022 legislative session because Republicans in the state Senate have been staunchly opposed to bills that would legalize the recreational use of cannabis. Steven Brown, the CEO of Nothing But Hemp, said that he plans to begin selling up to a dozen new products with hemp-derived THC at his six retail stores in Minnesota. He expects dozens of more products to be available within a few months.

“In some ways, we legalized cannabis,” Brown told local media.

Hemp THC Products Legalized by 2018 Farm Bill

Although hemp products containing up to 0.3% delta-9 THC were already legal under the 2018 Farm Bill, the legislation did not put a limit on delta-8 THC, which can also be derived from hemp. The Minnesota bill was written in part to address the proliferation of delta-8 THC products, many of which have high amounts of the psychoactive cannabinoid.

State Representative Heather Edelson drafted the House version of the bill. She said that the measure is intended to address a public health concern, noting that since hemp-derived THC products have been available in Minnesota, there has been an increase in the number of calls to poison control centers.

“There were these products that essentially didn’t really have regulations on them. But people were consuming them,” Edelson told Minnesota Public Radio. “They were being sold all over the state of Minnesota, and a lot of them in gas stations.”

The legislation includes labeling requirements for foods and beverages containing hemp THC. Products containing either CBD or THC must be clearly labeled and sold only to adults 21 and older. The law does not regulate who can sell hemp THC-infused foods or beverages and does not set a limit on the number of products that can be purchased.

Republican Senator Mark Koran, the author of the Senate version of the bill, said that he followed the lead of state health officials in drafting the legislation.

“With the federal changes in 2018, the [Minnesota] Board of Pharmacy and Department of Agriculture recognized the need for regulations on certain products and worked with the Legislature to restrict the market,” Koran said in a statement. “That’s what this bill does.”

Although the amount of THC permitted is fairly low compared to infused foods and beverages permitted in states that have legalized adult-use cannabis, they contain enough THC to have psychoactive effects, especially for the uninitiated user. And with no limit on the number of products that can be bought, even higher doses are easily available.

“This stuff will get you high, no doubt about it,” said attorney Jason Tarasek, founder of the Minnesota Cannabis Law firm and a board member of the Minnesota Cannabis Association. “Everybody’s calling it hemp-derived THC, which makes it sound like something other than marijuana. But I went on social media and I called it adult-use marijuana, because that’s what most people are going to consider this to be.”

Minnesota Senator Wants New Law Changed

Republican Senator Jim Abeler, the chair of the Senate Human Services Reform Finance and Policy Committee, said that he did not realize that the bill legalized edibles with delta-9 THC, adding that he believed the legislation only applied to products with delta-8 THC.

“I thought we were doing a technical fix, and it winded up having a broader impact than I expected,” Abeler said, saying that the state legislature should consider scaling back the new law.

But Majority Leader Ryan Winkler, who supports comprehensive efforts to legalize recreational cannabis, said that Abeler’s suggestion to roll back the law is “ridiculous,” noting that the senator “voted for it.”

He signed the conference report,” Winkler said. “This is a step forward towards a policy we strongly support.”

Edelson agreed, saying that “Bringing more consumer protections really was my goal.” But she admitted that the new law brings Minnesota closer to the legalization of recreational marijuana. “There was no mystery about what we were doing here.”

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The Supreme Court invited the U.S. Department of Justice to file a brief in the case before making a decision. In its response, the Justice Department agreed with the Minnesota court that the CSA does preempt state law. But attorneys with the Justice Department also argued that the states have not adequately addressed the issue of federal preeminence and urged the Supreme Court to reserve judgment on evolving law.

The case was not the first time a state court had ruled on workers’ compensation coverage for medical pot. In 2014, the New Mexico Court of Appeals approved the reimbursement of claims for medicinal cannabis for work-related injuries. But rulings on similar cases in Maine, New Hampshire, New Jersey, New York and Minnesota have not been consistent. Courts in New Hampshire, New York, and New Jersey found that state law was not in conflict with the CSA and authorized workers’ compensation claims for medical cannabis. But in Maine, Massachusetts, and Minnesota, judges have ruled that federal law takes precedence.

Is the SCOTUS Decision Bad News?

Attorney Anne Davis, the co-founder of Bennabis Health, a company specializing in affordable medical cannabis access for patients, says that the Supreme Court’s decision to decline to hear the cases is not necessarily a negative outcome for patients.

“While I would’ve loved a decision by the federal government mandating that cannabis is in fact a covered benefit, [the court] deferring to the states could be good in the grand scheme of the industry,” Davis writes in an email to High Times. “The more that the Supreme Court defers to states’ rights, I think the more it helps our growing industry. If the federal government takes the hands-off approach and leaves it to states’ rights, that allows the cannabis industry to grow and expand.”

With states taking the lead on pot reform, Davis believes federal legislation that permits cannabis trade between the states would create the most favorable climate for the industry.

“The problem we’re left to deal with is interstate commerce,” said Davis. “If we can somehow navigate that, then I think state rights having control over the cannabis industry is a much better option than the federal government rescheduling and allowing big Pharma to take control.”

Some advocates for cannabis policy reform had hoped the Supreme Court would weigh in on the Minnesota cases following comments from Justice Clarence Thomas last year indicating he believes the federal prohibition on pot no longer makes sense with so many states passing legislation in conflict with federal law.

“A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the federal government’s piecemeal approach,” he wrote.

Unanswered Questions

Commentating on a case the Supreme Court declined to hear in which a Colorado cannabis dispensary challenged federal policy denying standard business deductions for weed companies, Thomas said that a 2005 high court ruling upholding the federal prohibition on cannabis possession may be out of date.

“Federal policies of the past 16 years have greatly undermined its reasoning,” he continued. “The federal government’s current approach is a half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana.”

This week’s action by the U.S. Supreme Court leaves many unanswered questions about the viability of workers’ compensation coverage for medical cannabis. In an analysis of the denial to grant the petitions, The National Law Review wrote that the “Supreme Court’s decision to remain on the sidelines of the debate over marijuana legalization is disappointing to many who were hoping to see the high court help to break the logjam in Congress. The decision also leaves in place the clear conflict over workers’ compensation reimbursement of medical cannabis in state court decisions and facilitates the potential for further conflict as this issue continues to percolate throughout the country.”

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Chris Tholkes, the director of Minnesota’s Office of Medical Cannabis, said that the addition of cannabis flower was made primarily to make medical marijuana products more affordable for patients. With manufacturing costs included in the cost of processed cannabis products, they are generally more expensive than dried and cured cannabis flower. Regulators expect the addition of cannabis flower to the medical marijuana program to result in a spike in the number of registered patients.

“It gives patients a much more affordable access point to the medicine that cannabis provides,” said Dr. Kyle Kingsley, the CEO of Vireo Health of Minnesota. “Many patients switching from our more standard products to flower will be able to save about 50 percent on a monthly basis to treat their various medical conditions.”

Patricia Gates was one of the first patients to purchase cannabis flower at the Green Goods medical dispensary in downtown Minneapolis on Monday. She agreed that the new option is much more affordable, saying the change will significantly impact her monthly budget.

“So this is going to save me probably upwards of 400 or more,” Gates told local media. “So I see this as a huge blessing … huge blessing!”

Gates had a shingles infection in her ear in 2017 that resulted in Ramsy Hunt syndrome, a condition that causes her constant pain and has left half of her face paralyzed. Before beginning treatment with medicinal cannabis oil and tablets two years ago, she was taking 18 daily prescriptions. Cannabis is much more effective, but a full month’s supply cost $800, an amount unaffordable for Gates. As a result, she often had to make do with less.

“This particular chemical has literally saved my life every day since June of 2019 when I was certified on the registry,” said Gates.

“This is really exciting for cannabis patients,” she added. “I’m not even kidding—this is, like, huge!”

Minnesota Patient Roster Expected to Spike

Based on the experience of other states with legal cannabis, the health department said last month that it expects patient enrollment in the medical marijuana program, which currently stands at about 30,000 patients, to likely double or even triple. The agency cited an October 2021 survey of registered patients in which 71 percent of respondents said they were either very likely or somewhat likely to try smokable cannabis flower if it was made available.

“We did a price point study in 2019, and the average cost for a patient in a month is a little over $300,” said Tholkes. “I think we’re going to see a very sharp increase now that we have lowered the cost for folks.”

Under the new regulations, medical dispensaries will offer pre-packaged, dried cannabis flower and pre-rolled joints in a variety of strains and cannabinoid potency levels. Registered patients will be able to purchase up to a 90-day supply of cannabis at one time. Before purchasing cannabis flower, however, patients must first complete a consultation with a medical dispensary pharmacist to change the type of cannabis they receive. Patients have the option of either in-person or virtual consultations to satisfy the requirement.

“In preparation for the change, registered patients interested in smokable cannabis can make an appointment for a consultation with a medical cannabis dispensary pharmacist beginning February 1, so they will be pre-approved to buy pre-packaged dried flower and pre-rolls once available,” the department of health wrote in its statement from last month’s announcement of the change. 

Smokable cannabis flower will only be available to patients and caregivers aged 21 and older who are registered with the state’s medical cannabis program. Minnesota Commissioner of Health Jan Malcolm urged patients who are considering switching to cannabis flower to seek the advice of a health care professional before making the change.

“Patients need to weigh the risks of smoking medical cannabis, including those related to secondhand smoke and lung health, with any potential benefits,” said Malcolm. “Smokable cannabis may not be right for everyone; patients should have a conversation with their health care practitioner for guidance.”

The Minnesota Department of Health also announced last month that medical patients will have another new option later this year, noting that edible cannabis products including gummies and chews will become available on August 1. The change in regulations was made last year during an annual petition and comment process that the MDH uses to solicit public input on potential additions to qualifying medical conditions and cannabis delivery methods.

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Dispensaries will offer pre-packaged dried cannabis flower and pre-rolled joints in a variety of strains and cannabinoid potency levels. Registered patients will be able to purchase up to a 90-day supply of cannabis at one time. Previously, state regulations only permitted patients to use processed cannabis products such as extracts, distillates, capsules and topicals.

It won’t be as easy as visiting a dispensary and picking out a favorite strain of bud, however. Under Minnesota’s medical cannabis regulations, patients must first complete a consultation with a medical cannabis dispensary pharmacist to change the type of medical marijuana they receive. 

“In preparation for the change, registered patients interested in smokable cannabis can make an appointment for a consultation with a medical cannabis dispensary pharmacist beginning Feb. 1 so they will be pre-approved to buy pre-packaged dried flower and pre-rolls once available,” the health department wrote in its statement. Patients have the option of either in-person or virtual consultations to satisfy the requirement.

Smokable cannabis flower will only be available to patients and caregivers ages 21 and older who are registered with the state’s medical cannabis program. Minnesota Commissioner of Health Jan Malcolm urged patients who are considering switching to cannabis flower to seek the advice of a health care professional before making the change.

“Patients need to weigh the risks of smoking medical cannabis, including those related to secondhand smoke and lung health, with any potential benefits,” said Malcolm. “Smokable cannabis may not be right for everyone; patients should have a conversation with their health care practitioner for guidance.”

Officials Expect Spike in Number of Minnesota Medical Cannabis Patients

The Minnesota Department of Health (MDH) expects the number of registered medical cannabis patients to double or even triple with the addition of smokable cannabis flower to the program. The health department cited an October 2021 survey of registered patients in which 71 percent of respondents said they were either very likely or somewhat likely to try smokable cannabis flower if it was made available.

The National Organization for the Reform of Marijuana Laws (NORML) noted in a statement that Minnesota is one of few states with legal medical marijuana that do not allow herbal forms of cannabis. The cannabis policy reform advocacy group also reiterated its long-held opinion that medical marijuana patients should have access to cannabis flower.

“Limiting patients’ options to extracted oral formulations is not in their best interests,” NORML wrote. “Herbal cannabis contains more than 100 distinct cannabinoids (unique physiologically active components in the plant), many of which act synergistically with one another.”

The new addition of cannabis flower to the medical marijuana products available to patients in Minnesota was made possible by a bill passed by lawmakers last year. Supporters of the bipartisan legislation said that the permitted products were too expensive for some patients. 

“It will make this more economically viable and more accessible to families,” Republican Senator Michelle Benson said at the time.

The legislation passed last year was the most substantive change to Minnesota’s medical cannabis program since it launched in 2014. The measure also added Crohn’s disease, some cancers, HIV, seizures and intractable pain as qualifying medical conditions to participate in the program.

The MDH also noted that patients will have another new option later this year when edible cannabis products including gummies and chews become available on August 1. The change was made last year during an annual petition and comment process that MDH uses to solicit public input on potential additions to qualifying medical conditions and cannabis delivery methods.

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