Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Distribution; identity verification.
A registered patient, designated caregiver, or the registered
patient's parent or legal guardian, if the parent or legal guardian will be
acting as a caregiver, must present a government-issued photo identification at
the distribution site. Distribution site staff must verify the identity of the
person and the patient's enrollment in the registry. In the case of a
distribution that includes dried raw cannabis, the manufacturer must verify the
age of the person and the age of the patient if someone other than the patient
is making the transaction according to part 4770.1760.
Subp. 2.
Distribution;
consultation.
A. If required under
Minnesota Statutes, section
152.29, subdivision 3, paragraph
(c), clause (4), a pharmacist employed by a manufacturer to distribute medical
cannabis must consult with the registered patient, designated caregiver, or the
registered patient's parent or legal guardian, if the parent or legal guardian
will be acting as a caregiver, before distributing medical cannabis to the
recipient. The consultation must include:
(1)
a review of patient information in the medical cannabis registry;
(2) an assessment of the perceived
effectiveness of medical cannabis in treating the condition or symptoms of the
condition;
(3) a review of current
medications the patient is taking, including the formulation and current dosage
of medical cannabis; and
(4) a
review of any changes in the patient's medical condition.
B. To determine whether a consultation must
be held under Minnesota Statutes, section
152.29, subdivision 3, paragraph
(c), clause (4), dried raw cannabis finished goods listed in a chemical
composition range may be treated as other dried raw cannabis finished goods
listed in that range.
C. A dried
raw cannabis finished good is classified into one of three chemical composition
ranges as follows:
(1) "High THC" if it has a
total THC percentage greater than 15 percent;
(2) "Mixed" if it has a total THC percentage
between five percent and 15 percent; or
(3) "Low THC" if it has a total THC
percentage less than five percent.
D. A pharmacist may consult with a patient or
caregiver regardless of whether a consultation is required under Minnesota
Statutes, section 152.29, subdivision 3, paragraph
(c), clause (4).
Subp.
3.
Distribution; dosage calculation.
After completing the consultation, the pharmacist will
determine a recommended daily dosage and calculate an amount equal to a 90-day
supply at maximum recommended dosage. If a 90-day supply of dried raw cannabis
exceeds 450 grams, the approving pharmacist must file a written justification
of the calculation with the commissioner.
Subp. 4.
Purchasing limits.
A registered qualifying patient, registered designated
caregiver, or a patient's registered parent or registered legal guardian may
purchase medical cannabis in quantities less than or equal to the patient's
30-day supply determined under subpart 3 from any Minnesota distribution site
at any time. The total quantity of medical cannabis purchased for a patient in
a 23-day period must not exceed the patient's 30-day supply. A manufacturer
must not distribute more than 450 grams of dried raw cannabis per visit to any
person.
Subp. 5.
Dried
raw cannabis display sample jars.
A.
In a distribution facility, a manufacturer may have dried raw cannabis packaged
in a sample jar protected by a plastic or metal mesh screen to allow a patient
or the patient's registered caregiver age 21 and older, to see and smell the
product before purchase. A display sample jar must:
(1) not contain more than two grams of dried
raw cannabis;
(2) be locked or
sealed and tamper proof to prevent any person at the distribution facility from
touching the dried raw cannabis; and
(3) have a plastic or metal mesh screen that
is sealed onto the container and is free of rips, tears, or holes greater than
two millimeters in diameter.
B. The display sample jar and the dried raw
cannabis within may not be distributed to a patient and must be returned to the
manufacturer's production facility where the cannabis must be disposed of as
plant waste.
C. A jar used to
contain display samples must be cleaned and disinfected before reuse.
D. All display sample jars must be labeled
with:
(1) the manufacturer's name and
logo;
(2) the medical cannabis
brand name, including strain name if applicable;
(3) the unique identifier number generated by
the track and trace system; and
(4)
the weight of the product in ounces and grams or volume as
applicable.
E. Outgoing
and return samples and display sample jars are subject to the transportation
requirements in part 4770.1100.
F.
Dried raw cannabis used in sample jars must be accounted for in the
manufacturer's inventory tracing under part 4770.1800. Dried raw cannabis used
in sample jars must not be distributed for patients and must be disposed of as
medical cannabis waste under part 4770.1200, subpart 2, item
A.
