Re: Ilhan’s Federal Exemption For State Hemp/Cannabis Industries In Minnesota

WeedPress note: Posting here at 4:20 am for quick reference to Maine (sched z) Colorado Georgia and Illinois (not scheduled) ND MN Arkansas North Carolina and Tennessee anomalies

Here is the 1980s THC Therapeutic Research Act, upon which Minnesota’s Medical Cannabis Therapeutic Research Act was roughly 
based upon.

https://www.scribd.com/document/226270524/Memorandum-to-Governor-s-Office-Re-Medical-Marijuana

“For the purposes of this section, THC is removed from Schedule I contained in section 152.02, subdivision 2, and inserted in Schedule 
II contained in section 152.02, subdivision 3.”

https://www.revisor.mn.gov/statutes/cite/152/full#stat.152.21.6

But instead of this focus on *reclassification*, as the Minnesota legislature did in 1980, we want to see a resurgence of focus on *exception*

While this is tangential since it doesn’t demonstrate an exemption to classification schedules, I discovered that in Minnesota’s first medical cannabis laws, which passed on April 29, 1935, the Legislature included a medical cannabis exception.

“Subd. 2. Pharmacist and wholesale druggist excepted. Nothing herein contained shall prohibit a duly licensed pharmacist from having 
Cannabis, or any compound, salt, derivative, or mixture thereof, in his possession and from selling and distributing the same for medicinal purposes only; nor shall anything herein contained prohibit 
a wholesale dealer of drugs from having in his or its possession, and from selling and distributing, Cannabis, or any compound, salt, derivative, or mixture thereof; provided, that such sale and distribution shall be made to duly licensed pharmacists only.”

https://www.revisor.mn.gov/statutes/1949/cite/616/pdf#search=%22excepted.%22

Providing wholesale exemptions from classification schedules for certain types of marijuana is the way in which hemp was legalized at both the federal and State level. In Minnesota, it was done by 
modifying the definition of marijuana by adding that, “Marijuana does not include hemp […]”. 

https://www.revisor.mn.gov/statutes/cite/152/full#stat.152.01.9

This is actually the way that the North Dakota House just exempted adult use cannabis, but adding an exemption in the definition of marijuana, as you can see on Page 5 Line 1 of the bill:

https://www.legis.nd.gov/assembly/67-2021/bill-actions/ba1420.html

Because of this change in federal and State hemp laws though, the FDA approved drug Epidolex, which contains nonsynthetic THC, is no longer in the federal or Minnesota Controlled Substances Act.

Based on the National Crime Justice Association’s Guide to State Controlled Substances Acts, Revised in 1999, Colorado, Georgia, and Illinois never classified marijuana in any schedule at all.

https://www.ncjrs.gov/pdffiles1/Digitization/184295NCJRS.pdf

Maine put it in Schedule Z, which was deemed to be lower than federal Schedule V. Arkansas and North Carolina created a sixth schedule, Schedule VI, and put marijuana there. Tennessee created seven 
schedules and put marijuana in schedule VI.

The nondrug religious use of peyote by members of the American Indian Church are currently exempt from Minnesota’s version of the Uniform 
Controlled Substances Act and we would like the nonprescription use of medical cannabis to be exempt as well, assuming all of the very 
tightly regulated guidelines set forth in the Medical Cannabis Therapeutic Research Act are still strictly adhered to.

should we add another protection or exemption to Minnesota’s medical cannabis laws to exempt medical cannabis from Minnesota Statutes Chapter 297D?

https://www.revisor.mn.gov/statutes/cite/297D/full

I haven’t heard of anyone talking about how this needs to be fixed, but perhaps it should be explicitly addressed so that no confusion arises related to this in the future.

“The state Board of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal use in a schedule only if such drug must, 
under either federal or state law or rule, be sold only on prescription.”

https://www.revisor.mn.gov/statutes/cite/152/full#stat.152.02.8

Minnesota’s State authorized medical cannabis is a nonnarcotic. 
https://www.revisor.mn.gov/statutes/cite/152/full#stat.152.01.10

It is not sold “only on prescription” at the State level. In fact, it  specifically can’t be sold as a prescription at the State level. 

Additionally, if the federal government granted an application to exempt Minnesota’s State authorized use of medical cannabis or hemp program that would be “drug authorized by federal law” but not required to be sold “only on prescription” in federal law either.