Minnesota Department of Health

Minnesota Department of Health Office of Medical Cannabis

Internal Controls and Compliance Audit July 2016 through December 2018

January 2020

Financial Audit Division

Office of the Legislative Auditor

State of Minnesota

Financial Audit Division

The Financial Audit Division conducts 40 to 50 audits each year, focusing on government entities in the executive and judicial branches of state government. In addition, the division periodically audits metropolitan agencies, several "semi-state" organizations, and state-funded higher education institutions. Overall, the division has jurisdiction to audit approximately 180 departments, agencies, and other organizations.

Policymakers, bond rating agencies, and other decision makers need accurate and trustworthy financial information. To fulfill this need, the Financial Audit Division allocates a significant portion of its resources to conduct financial statement audits. These required audits include an annual audit of the State of Minnesota's financial statements and an annual audit of major federal program expenditures. The division also conducts annual financial statement audits of the three public pension systems. The primary objective of financial statement audits is to assess whether public financial reports are fairly presented.

The Financial Audit Division conducts some discretionary audits; selected to provide timely and useful information to policymakers. Discretionary audits may focus on entire government entities, or on certain programs managed by those entities. Input from policymakers is the driving factor in the selection of discretionary audits.

The Office of the Legislative Auditor (OLA) also has a Program Evaluation Division. The Program Evaluation Division's mission is to determine the degree to which state agencies and programs are accomplishing their goals and objectives and utilizing resources efficiently.

OLA also conducts special reviews in response to allegations and other concerns brought to the attention of the Legislative Auditor. The Legislative Auditor conducts a preliminary assessment in response to each request for a special review and decides what additional action will be taken by OLA.

For more information about OLA and to access its reports, go to: auditor.leg.state.mn.us.

Photo provided by the Minnesota Department of Administration with recolorization done by OLA. () Creative Commons License:

OFFICE OF THE LEGISLATIVE AUDITOR

STATE OF MINNESOTA ? James Nobles, Legislative Auditor

January 2020 Members Legislative Audit Commission Jan Malcolm, Commissioner Minnesota Department of Health This report presents the results of our internal controls and compliance audit of the Office of Medical Cannabis for the period July 2016 through December 2018. The objectives of this audit were to determine if the department had adequate internal controls over selected activities and complied with significant legal requirements. This audit was conducted by Valerie Bombach (Audit Director), Todd Pisarski (Auditor-in-Charge), and Kelsey Carlson (Senior Auditor). We received the full cooperation of the Minnesota Department of Health's staff while performing this audit. Sincerely,

Valerie Bombach Audit Director

Room 140 Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155-1603 ? Phone: 651-296-4708 ? Fax: 651-296-4712 E-mail: legislative.auditor@state.mn.us ? Website: auditor.leg.state.mn.us ? Minnesota Relay: 1-800-627-3529 or 7-1-1

Table of Contents

Page Report Summary ...............................................................................................................1

Conclusions ...................................................................................................................1 Audit Overview.................................................................................................................3

Background ...................................................................................................................3 Audit Scope, Objectives, Methodology, and Criteria ...................................................8 Authorize Program Participants ......................................................................................11 Verify Health Care Practitioner License .....................................................................11 Validate Caregiver Relationship with Patient .............................................................12 Collect and Safeguard Patient Fees.................................................................................15 Collect Correct Fee Amounts......................................................................................16 Safeguard Registration Fees........................................................................................17 Tested and Reliable Supply of Medical Cannabis ..........................................................19 Contract with a Laboratory .........................................................................................19 Track the Testing and Sale of Medical Cannabis........................................................20 Detect Diversion..........................................................................................................22 List of Recommendations ...............................................................................................25 Agency Response............................................................................................................27

Internal Controls and Compliance Audit

1

Report Summary

Minnesota is one of 33 states that allows qualifying patients the legal access to medical cannabis for health care treatment. Derived from the cannabis plant, medical cannabis has been reported to help treat some illnesses and symptoms.

The Minnesota Department of Health (MDH) oversees Minnesota's medical cannabis program and must ensure that participants and medical cannabis manufacturers comply with eligibility, payment, and other legal requirements. In Fiscal Year 2019, 17,200 patients were enrolled in the program, and MDH expenditures totaled $1.57 million.

The Office of the Legislative Auditor conducted this audit to determine whether MDH had adequate internal controls and complied with significant legal requirements. The audit scope included MDH's oversight of patient eligibility, participating health care practitioners, and fee revenues. We also examined the department's oversight of manufacturer and laboratory processes to ensure a tested and reliable supply of medical cannabis for patients. Our work did not include a comprehensive audit of medical cannabis manufacturers and laboratories or their compliance with legal requirements. The period we examined was from July 1, 2016, through December 31, 2018.

Conclusions

Internal Controls

OLA found that the Minnesota Department of Health's internal controls were generally not adequate to safeguard financial assets and ensure compliance with selected legal requirements for the medical cannabis program.

Internal Controls

Not Adequate

Generally Not Adequate

Generally Adequate

Adequate

We identified the following weaknesses in internal controls related to authorizing participants, processing fees, tracking and testing medical cannabis, and preventing and detecting diversion of the drug. We discuss these more thoroughly in the findings and recommendations in the report.

Finding 1. The Minnesota Department of Health did not verify for all new patients that the license of their health care practitioner was active and in good standing. (p. 11)

Finding 2. The Minnesota Department of Health did not keep valid documentation of the eligibility of parents or legal guardians for the medical cannabis program. (p. 12)

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Minnesota Department of Health ? Office of Medical Cannabis

Finding 4. The Minnesota Department of Health did not adequately reconcile some medical cannabis patient fees or ensure employee separation of duties when handling these payments. (p. 17)

Finding 5. The Minnesota Department of Health did not ensure that each of the two medical cannabis manufacturers had a formal contract with a testing laboratory. (p. 19)

Finding 6. The Minnesota Department of Health did not have adequate controls to ensure manufacturers accurately tracked and tested medical cannabis prior to sale. (p. 20)

Finding 7. The Minnesota Department of Health did not have adequate controls to help prevent and timely detect diversion or loss of medical cannabis by a manufacturer. (p. 22)

Legal Compliance

The Minnesota Department of Health generally complied with most legal requirements that we tested, although we noted some exceptions related to the authorization of health care practitioners, some fee payments, and manufacturer contracts.

Legal Compliance

Did Not Comply

Generally Did Not Comply

Generally Complied

Complied

OLA found the following issues of noncompliance, discussed more thoroughly in the findings and recommendations in this report.

Finding 1. The Minnesota Department of Health did not verify for all new patients that the license of their health care practitioner was active and in good standing. (p. 11)

Finding 3. The Minnesota Department of Health charged some medical cannabis patients a lower registration fee than permitted in state statutes. (p. 16)

Finding 5. The Minnesota Department of Health did not ensure that each of the two medical cannabis manufacturers had a formal contract with a testing laboratory. (p. 19)

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