Bill Text: MN SF733 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Necessity defense court recognition for cases involving natural herbs of the genus Cannabis authorization
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-02-25 - Referred to Judiciary [SF733 Detail]
Download: Minnesota-2013-SF733-Introduced.html
1.2relating to public safety; authorizing courts to recognize a necessity defense for
1.3certain criminal, administrative, and civil cases involving natural herbs of the
1.4genus Cannabis; proposing coding for new law in Minnesota Statutes, chapter
1.5634.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [634.40] NECESSITY DEFENSE.
1.8 Subdivision 1. Defense. Sections 152.02, subdivision 7, clause (1), and 152.21,
1.9and other law may not be construed, directly or by implication, to deny a defendant in a
1.10criminal proceeding, or a person involved in a civil or administrative proceeding, the right
1.11to introduce evidence or testimony of a medical need to use, or a therapeutic or palliative
1.12benefit derived from the use of, natural herbs of the genus Cannabis or confections or
1.13other products derived directly from, or containing extracts from, natural herbal cannabis;
1.14which evidence or testimony is acceptable as a mitigating or exculpatory circumstance in
1.15the proceeding. This evidence or testimony is also not precluded from consideration in the
1.16course of an appeal, under established rules, of any verdict, ruling, or decision reached in
1.17a criminal, civil, or administrative proceeding.
1.18 Subd. 2. Exceptions. This section does not apply to charges under section 152.021,
1.19subdivision 1; 152.022, subdivision 1; 152.023, subdivision 1; or 152.024, subdivision 1,
1.20that involve the sale of more than a small amount of cannabis.
1.3certain criminal, administrative, and civil cases involving natural herbs of the
1.4genus Cannabis; proposing coding for new law in Minnesota Statutes, chapter
1.5634.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [634.40] NECESSITY DEFENSE.
1.8 Subdivision 1. Defense. Sections 152.02, subdivision 7, clause (1), and 152.21,
1.9and other law may not be construed, directly or by implication, to deny a defendant in a
1.10criminal proceeding, or a person involved in a civil or administrative proceeding, the right
1.11to introduce evidence or testimony of a medical need to use, or a therapeutic or palliative
1.12benefit derived from the use of, natural herbs of the genus Cannabis or confections or
1.13other products derived directly from, or containing extracts from, natural herbal cannabis;
1.14which evidence or testimony is acceptable as a mitigating or exculpatory circumstance in
1.15the proceeding. This evidence or testimony is also not precluded from consideration in the
1.16course of an appeal, under established rules, of any verdict, ruling, or decision reached in
1.17a criminal, civil, or administrative proceeding.
1.18 Subd. 2. Exceptions. This section does not apply to charges under section 152.021,
1.19subdivision 1; 152.022, subdivision 1; 152.023, subdivision 1; or 152.024, subdivision 1,
1.20that involve the sale of more than a small amount of cannabis.
