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CHAPTER 19-24.1
MEDICAL MARIJUANA
19-24.1-01. Definitions. (Effective through August 31, 2022)
As used in this chapter, unless the context indicates otherwise:
1. "Advanced practice registered nurse" means an advanced practice registered nurse
defined under section 43-12.1-02.
2. "Allowable amount of usable marijuana" means the amount of usable marijuana a
registered qualifying patient or registered designated caregiver may purchase in a
thirty-day period under this chapter.
a. Except as provided under subdivision b:
(1) During a thirty-day period, a registered qualifying patient may not purchase
or have purchased by a registered designated caregiver more than two and
one-half ounces [70.87 grams] of dried leaves or flowers of the plant of
genus cannabis in a combustible delivery form.
(2) At any time a registered qualifying patient, or a registered designated
caregiver on behalf of a registered qualifying patient, may not possess more
than three ounces [85.05 grams] of dried leaves or flowers of the plant of the
genus cannabis in a combustible delivery form.
b. Notwithstanding subdivision a, if a registered qualifying patient has a registry
identification card authorizing an enhanced allowable amount:
(1) During a thirty-day period a registered qualifying patient may not purchase
or have purchased by a registered designated caregiver more than six
ounces [170.01 grams] of dried leaves or flowers of the plant of genus
cannabis in a combustible delivery form.
(2) At any time a registered qualifying patient, or a registered designated
caregiver on behalf of a registered qualifying patient, may not possess more
than seven and one-half ounces [212.62 grams] of dried leaves or flowers of
the plant of the genus cannabis in a combustible delivery form.
c. A registered qualifying patient may not purchase or have purchased by a
registered designated caregiver more than the maximum concentration or amount
of tetrahydrocannabinol permitted in a thirty-day period. The maximum
concentration or amount of tetrahydrocannabinol permitted in a thirty-day period
for a cannabinoid concentrate or medical cannabinoid product, or the cumulative
total of both, is four thousand milligrams.
3. "Bona fide provider-patient relationship" means a treatment or counseling relationship
between a health care provider and patient in which all the following are present:
a. The health care provider has reviewed the patient's relevant medical records and
completed a full assessment of the patient's medical history and current medical
condition, including a relevant, in-person, medical evaluation of the patient.
b. The health care provider has created and maintained records of the patient's
condition in accordance with medically accepted standards.
c. The patient is under the health care provider's continued care for the debilitating
medical condition that qualifies the patient for the medical use of marijuana.
d. The health care provider has a reasonable expectation that provider will continue
to provide followup care to the patient to monitor the medical use of marijuana as
a treatment of the patient's debilitating medical condition.
e. The relationship is not for the sole purpose of providing written certification for the
medical use of marijuana.
4. "Cannabinoid" means a chemical compound that is one of the active constituents of
marijuana.
5. "Cannabinoid capsule" means a small, soluble container, usually made of gelatin,
which encloses a dose of a cannabinoid product or a cannabinoid concentrate
intended for consumption. The maximum concentration of amount of
tetrahydrocannabinol permitted in a serving of a cannabinoid capsule is fifty
milligrams.
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"Cannabinoid concentrate" means a concentrate or extract obtained by separating
cannabinoids from marijuana by a mechanical, chemical, or other process.
"Cannabinoid edible product" means a food or potable liquid into which a cannabinoid
concentrate or the dried leaves or flowers of the plant of the genus cannabis is
incorporated.
"Cannabinoid solution" means a solution consisting of a mixture created from
cannabinoid concentrate and other ingredients. A container holding a cannabinoid
solution for dispensing may not exceed thirty milliliters.
"Cannabinoid topical" means a cannabinoid product intended to be applied to the skin
or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a
cannabinoid topical is six percent.
"Cannabinoid transdermal patch" means an adhesive substance applied to the skin
which contains a cannabinoid product or cannabinoid concentrate for absorption into
the bloodstream. The maximum concentration or amount of tetrahydrocannabinol
permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.
"Cardholder" means a qualifying patient, designated caregiver, or compassion center
agent who has been issued and possesses a valid registry identification card.
"Compassion center" means a manufacturing facility or dispensary.
"Compassion center agent" means a principal officer, board member, member,
manager, governor, employee, volunteer, or agent of a compassion center. The term
does not include a lawyer representing a compassion center in civil or criminal
litigation or in an adversarial administrative proceeding.
"Contaminated" means made impure or inferior by extraneous substances.
"Debilitating medical condition" means one of the following:
a. Cancer;
b. Positive status for human immunodeficiency virus;
c. Acquired immune deficiency syndrome;
d. Decompensated cirrhosis caused by hepatitis C;
e. Amyotrophic lateral sclerosis;
f. Posttraumatic stress disorder;
g. Agitation of Alzheimer's disease or related dementia;
h. Crohn's disease;
i. Fibromyalgia;
j. Spinal stenosis or chronic back pain, including neuropathy or damage to the
nervous tissue of the spinal cord with objective neurological indication of
intractable spasticity;
k. Glaucoma;
l. Epilepsy;
m. Anorexia nervosa;
n. Bulimia nervosa;
o. Anxiety disorder;
p. Tourette syndrome;
q. Ehlers-Danlos syndrome;
r. Endometriosis;
s. Interstitial cystitis;
t. Neuropathy;
u. Migraine;
v. Rheumatoid arthritis;
w. Autism spectrum disorder;
x. A brain injury;
y. A terminal illness; or
z. A chronic or debilitating disease or medical condition or treatment for such
disease or medical condition that produces one or more of the following:
(1) Cachexia or wasting syndrome;
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Severe debilitating pain that has not responded to previously prescribed
medication or surgical measures for more than three months or for which
other treatment options produced serious side effects;
(3) Intractable nausea;
(4) Seizures; or
(5) Severe and persistent muscle spasms, including those characteristic of
multiple sclerosis.
"Department" means the state department of health.
"Designated caregiver" means an individual who agrees to manage the well-being of a
registered qualifying patient with respect to the qualifying patient's medical use of
marijuana.
"Dispensary" means an entity registered by the department as a compassion center
authorized to dispense usable marijuana to a registered qualifying patient and a
registered designated caregiver.
"Enclosed, locked facility" means a closet, room, greenhouse, building, or other
enclosed area equipped with locks or other security devices that permit access limited
to individuals authorized under this chapter or rules adopted under this chapter.
"Health care provider" means a physician, a physician assistant, or an advanced
practice registered nurse.
"Manufacturing facility" means an entity registered by the department as a compassion
center authorized to produce and process and to sell usable marijuana to a
dispensary.
"Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant;
the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, the seeds of the plant, or the resin
extracted from any part of the plant. The term marijuana does not include:
a. Hemp as regulated under section 4.1-18.1-01; or
b. A prescription drug approved by the United States food and drug administration
under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].
"Maximum concentration or amount of tetrahydrocannabinol" means the total amount
of tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid
product or a cannabinoid concentrate.
"Medical cannabinoid product" means a product intended for human consumption or
use which contains cannabinoids.
a. Medical cannabinoid products are limited to the following forms:
(1) Cannabinoid solution;
(2) Cannabinoid capsule;
(3) Cannabinoid transdermal patch; and
(4) Cannabinoid topical.
b. "Medical cannabinoid product" does not include:
(1) A cannabinoid edible product;
(2) A cannabinoid concentrate by itself; or
(3) The dried leaves or flowers of the plant of the genus cannabis by itself.
"Medical marijuana product" means a cannabinoid concentrate or a medical
cannabinoid product.
"Medical marijuana waste" means unused, surplus, returned, or out-of-date usable
marijuana; recalled usable marijuana; unused marijuana; or plant debris of the plant of
the genus cannabis, including dead plants and all unused plant parts and roots.
"Medical use of marijuana" means the acquisition, use, and possession of usable
marijuana to treat or alleviate a qualifying patient's debilitating medical condition.
"Minor" means an individual under the age of nineteen.
"North Dakota identification" means a North Dakota driver's license or comparable
state of North Dakota or federal issued photo identification card verifying North Dakota
residence.
"Owner" means an individual or an organization with an ownership interest in a
compassion center.
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"Ownership interest" means an aggregate ownership interest of five percent or more in
a compassion center, unless the interest is solely a security, lien, or encumbrance, or
an individual who will be participating in the direction, control, or management of the
compassion center.
"Pediatric medical marijuana" means a medical marijuana product containing
cannabidiol which may not contain a maximum concentration or amount of
tetrahydrocannabinol of more than six percent.
"Physician" means a physician licensed under chapter 43-17 to practice medicine in
the state of North Dakota.
"Physician assistant" means an individual licensed under chapter 43-17 to practice as
a physician assistant in the state.
"Posttraumatic stress disorder" means a patient meets the diagnostic criteria for
posttraumatic stress disorder under the "Diagnostic and Statistical Manual of Mental
Disorders", American psychiatric association, fifth edition, text revision (2013).
"Processing" or "process" means the compounding or conversion of marijuana into a
medical marijuana product.
"Producing", "produce", or "production" mean the planting, cultivating, growing,
trimming, or harvesting of the plant of the genus cannabis or the drying of the leaves
or flowers of the plant of the genus cannabis.
"Qualifying patient" means an individual who has been diagnosed by a health care
provider as having a debilitating medical condition.
"Registry identification card" means a document issued by the department which
identifies an individual as a registered qualifying patient, registered designated
caregiver, or registered compassion center agent.
"Substantial corporate change" means:
a. For a corporation, a change of ten percent or more of the officers or directors, or
a transfer of ten percent or more of the stock of the corporation, or an existing
stockholder obtaining ten percent or more of the stock of the corporation;
b. For a limited liability company, a change of ten percent or more of the managing
members of the company, or a transfer of ten percent or more of the ownership
interest in the company, or an existing member obtaining a cumulative of ten
percent or more of the ownership interest in the company; or
c. For a partnership, a change of ten percent or more of the managing partners of
the company, or a transfer of ten percent or more of the ownership interest in the
company, or an existing member obtaining a cumulative of ten percent or more of
the ownership interest in the company.
"Terminal illness" means a disease, illness, or condition of a patient:
a. For which there is not a reasonable medical expectation of recovery;
b. Which as a medical probability, will result in the death of the patient, regardless of
the use or discontinuance of medical treatment implemented for the purpose of
sustaining life or the life processes; and
c. As a result of which, the patient's health care provider would not be surprised if
death were to occur within six months.
"Tetrahydrocannabinol" means tetrahydrocannabinols naturally contained in a plant of
the genus cannabis, and synthetic equivalents of the substances contained in the
cannabis plant, or in the resinous extractives of the plant, including synthetic
substances, derivatives, and their isomers with similar chemical structure and
pharmacological activity to those substances contained in the plant, including:
a. (1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other
names: Delta-9-tetrahydrocannabinol.
(2) Delta-6 or trans tetrahydrocannabinol, and their optical isomers. Other
names: Delta-8 tetrahydrocannabinol.
(3) Delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.
(Since nomenclature of these substances is not intentionally standardized, compounds
of these structures, regardless of numerical designation or atomic positions covered.)
b. Tetrahydrocannabinol does not include:
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(1)
The allowable amount of total tetrahydrocannabinol found in hemp as
defined in chapter 4.1-18.1; or
(2) A prescription drug approved by the United States food and drug
administration under section 505 of the Federal Food, Drug, and Cosmetic
Act [21 U.S.C. 355].
43. "Total tetrahydrocannabinol" means the sum of the percentage by weight of
tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths
plus the percentage of weight of tetrahydrocannabinol.
44. "Usable marijuana" means a medical marijuana product or the dried leaves or flowers
of the plant of the genus cannabis in a combustible delivery form. However, the term
does not include a cannabinoid edible product. In the case of a registered qualifying
patient who is a minor, "usable marijuana" is limited to pediatric medical marijuana.
45. "Verification system" means the system maintained by the department under section
19-24.1-31 for verification of registry identification cards.
46. "Written certification" means a form established by the department which is executed,
dated, and signed by a health care provider within ninety calendar days of the date of
application, stating the patient has a debilitating medical condition. A health care
provider may authorize an enhanced amount of dried leaves or flowers of the plant of
the genus cannabis in a combustible delivery form to treat or alleviate the patient's
debilitating medical condition of cancer. A written certification may not be made except
in the course of a bona fide provider-patient relationship.
Definitions. (Effective after August 31, 2022)
As used in this chapter, unless the context indicates otherwise:
1. "Advanced practice registered nurse" means an advanced practice registered nurse
defined under section 43-12.1-02.
2. "Allowable amount of usable marijuana" means the amount of usable marijuana a
registered qualifying patient or registered designated caregiver may purchase in a
thirty-day period under this chapter.
a. Except as provided under subdivision b:
(1) During a thirty-day period, a registered qualifying patient may not purchase
or have purchased by a registered designated caregiver more than two and
one-half ounces [70.87 grams] of dried leaves or flowers of the plant of
genus cannabis in a combustible delivery form.
(2) At any time a registered qualifying patient, or a registered designated
caregiver on behalf of a registered qualifying patient, may not possess more
than three ounces [85.05 grams] of dried leaves or flowers of the plant of the
genus cannabis in a combustible delivery form.
b. Notwithstanding subdivision a, if a registered qualifying patient has a registry
identification card authorizing an enhanced allowable amount:
(1) During a thirty-day period a registered qualifying patient may not purchase
or have purchased by a registered designated caregiver more than six
ounces [170.01 grams] of dried leaves or flowers of the plant of genus
cannabis in a combustible delivery form.
(2) At any time a registered qualifying patient, or a registered designated
caregiver on behalf of a registered qualifying patient, may not possess more
than seven and one-half ounces [212.62 grams] of dried leaves or flowers of
the plant of the genus cannabis in a combustible delivery form.
c. A registered qualifying patient may not purchase or have purchased by a
registered designated caregiver more than the maximum concentration or amount
of tetrahydrocannabinol permitted in a thirty-day period. The maximum
concentration or amount of tetrahydrocannabinol permitted in a thirty-day period
for a cannabinoid concentrate or medical cannabinoid product, or the cumulative
total of both, is four thousand milligrams.
3. "Bona fide provider-patient relationship" means a treatment or counseling relationship
between a health care provider and patient in which all the following are present:
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The health care provider has reviewed the patient's relevant medical records and
completed a full assessment of the patient's medical history and current medical
condition, including a relevant, in-person, medical evaluation of the patient.
b. The health care provider has created and maintained records of the patient's
condition in accordance with medically accepted standards.
c. The patient is under the health care provider's continued care for the debilitating
medical condition that qualifies the patient for the medical use of marijuana.
d. The health care provider has a reasonable expectation that provider will continue
to provide followup care to the patient to monitor the medical use of marijuana as
a treatment of the patient's debilitating medical condition.
e. The relationship is not for the sole purpose of providing written certification for the
medical use of marijuana.
"Cannabinoid" means a chemical compound that is one of the active constituents of
marijuana.
"Cannabinoid capsule" means a small, soluble container, usually made of gelatin,
which encloses a dose of a cannabinoid product or a cannabinoid concentrate
intended for consumption. The maximum concentration of amount of
tetrahydrocannabinol permitted in a serving of a cannabinoid capsule is fifty
milligrams.
"Cannabinoid concentrate" means a concentrate or extract obtained by separating
cannabinoids from marijuana by a mechanical, chemical, or other process.
"Cannabinoid edible product" means a food or potable liquid into which a cannabinoid
concentrate or the dried leaves or flowers of the plant of the genus cannabis is
incorporated.
"Cannabinoid solution" means a solution consisting of a mixture created from
cannabinoid concentrate and other ingredients. A container holding a cannabinoid
solution for dispensing may not exceed thirty milliliters.
"Cannabinoid topical" means a cannabinoid product intended to be applied to the skin
or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a
cannabinoid topical is six percent.
"Cannabinoid transdermal patch" means an adhesive substance applied to the skin
which contains a cannabinoid product or cannabinoid concentrate for absorption into
the bloodstream. The maximum concentration or amount of tetrahydrocannabinol
permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.
"Cardholder" means a qualifying patient, designated caregiver, or compassion center
agent who has been issued and possesses a valid registry identification card.
"Compassion center" means a manufacturing facility or dispensary.
"Compassion center agent" means a principal officer, board member, member,
manager, governor, employee, volunteer, or agent of a compassion center. The term
does not include a lawyer representing a compassion center in civil or criminal
litigation or in an adversarial administrative proceeding.
"Contaminated" means made impure or inferior by extraneous substances.
"Debilitating medical condition" means one of the following:
a. Cancer;
b. Positive status for human immunodeficiency virus;
c. Acquired immune deficiency syndrome;
d. Decompensated cirrhosis caused by hepatitis C;
e. Amyotrophic lateral sclerosis;
f. Posttraumatic stress disorder;
g. Agitation of Alzheimer's disease or related dementia;
h. Crohn's disease;
i. Fibromyalgia;
j. Spinal stenosis or chronic back pain, including neuropathy or damage to the
nervous tissue of the spinal cord with objective neurological indication of
intractable spasticity;
k. Glaucoma;
Page No. 6
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m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
16.
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Epilepsy;
Anorexia nervosa;
Bulimia nervosa;
Anxiety disorder;
Tourette syndrome;
Ehlers-Danlos syndrome;
Endometriosis;
Interstitial cystitis;
Neuropathy;
Migraine;
Rheumatoid arthritis;
Autism spectrum disorder;
A brain injury;
A terminal illness; or
A chronic or debilitating disease or medical condition or treatment for such
disease or medical condition that produces one or more of the following:
(1) Cachexia or wasting syndrome;
(2) Severe debilitating pain that has not responded to previously prescribed
medication or surgical measures for more than three months or for which
other treatment options produced serious side effects;
(3) Intractable nausea;
(4) Seizures; or
(5) Severe and persistent muscle spasms, including those characteristic of
multiple sclerosis.
"Department" means the department of health and human services.
"Designated caregiver" means an individual who agrees to manage the well-being of a
registered qualifying patient with respect to the qualifying patient's medical use of
marijuana.
"Dispensary" means an entity registered by the department as a compassion center
authorized to dispense usable marijuana to a registered qualifying patient and a
registered designated caregiver.
"Enclosed, locked facility" means a closet, room, greenhouse, building, or other
enclosed area equipped with locks or other security devices that permit access limited
to individuals authorized under this chapter or rules adopted under this chapter.
"Health care provider" means a physician, a physician assistant, or an advanced
practice registered nurse.
"Manufacturing facility" means an entity registered by the department as a compassion
center authorized to produce and process and to sell usable marijuana to a
dispensary.
"Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant;
the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, the seeds of the plant, or the resin
extracted from any part of the plant. The term marijuana does not include:
a. Hemp as regulated under section 4.1-18.1-01; or
b. A prescription drug approved by the United States food and drug administration
under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].
"Maximum concentration or amount of tetrahydrocannabinol" means the total amount
of tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid
product or a cannabinoid concentrate.
"Medical cannabinoid product" means a product intended for human consumption or
use which contains cannabinoids.
a. Medical cannabinoid products are limited to the following forms:
(1) Cannabinoid solution;
(2) Cannabinoid capsule;
(3) Cannabinoid transdermal patch; and
(4) Cannabinoid topical.
Page No. 7
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"Medical cannabinoid product" does not include:
(1) A cannabinoid edible product;
(2) A cannabinoid concentrate by itself; or
(3) The dried leaves or flowers of the plant of the genus cannabis by itself.
"Medical marijuana product" means a cannabinoid concentrate or a medical
cannabinoid product.
"Medical marijuana waste" means unused, surplus, returned, or out-of-date usable
marijuana; recalled usable marijuana; unused marijuana; or plant debris of the plant of
the genus cannabis, including dead plants and all unused plant parts and roots.
"Medical use of marijuana" means the acquisition, use, and possession of usable
marijuana to treat or alleviate a qualifying patient's debilitating medical condition.
"Minor" means an individual under the age of nineteen.
"North Dakota identification" means a North Dakota driver's license or comparable
state of North Dakota or federal issued photo identification card verifying North Dakota
residence.
"Owner" means an individual or an organization with an ownership interest in a
compassion center.
"Ownership interest" means an aggregate ownership interest of five percent or more in
a compassion center, unless the interest is solely a security, lien, or encumbrance, or
an individual who will be participating in the direction, control, or management of the
compassion center.
"Pediatric medical marijuana" means a medical marijuana product containing
cannabidiol which may not contain a maximum concentration or amount of
tetrahydrocannabinol of more than six percent.
"Physician" means a physician licensed under chapter 43-17 to practice medicine in
the state of North Dakota.
"Physician assistant" means an individual licensed under chapter 43-17 to practice as
a physician assistant in the state.
"Posttraumatic stress disorder" means a patient meets the diagnostic criteria for
posttraumatic stress disorder under the "Diagnostic and Statistical Manual of Mental
Disorders", American psychiatric association, fifth edition, text revision (2013).
"Processing" or "process" means the compounding or conversion of marijuana into a
medical marijuana product.
"Producing", "produce", or "production" mean the planting, cultivating, growing,
trimming, or harvesting of the plant of the genus cannabis or the drying of the leaves
or flowers of the plant of the genus cannabis.
"Qualifying patient" means an individual who has been diagnosed by a health care
provider as having a debilitating medical condition.
"Registry identification card" means a document issued by the department which
identifies an individual as a registered qualifying patient, registered designated
caregiver, or registered compassion center agent.
"Substantial corporate change" means:
a. For a corporation, a change of ten percent or more of the officers or directors, or
a transfer of ten percent or more of the stock of the corporation, or an existing
stockholder obtaining ten percent or more of the stock of the corporation;
b. For a limited liability company, a change of ten percent or more of the managing
members of the company, or a transfer of ten percent or more of the ownership
interest in the company, or an existing member obtaining a cumulative of ten
percent or more of the ownership interest in the company; or
c. For a partnership, a change of ten percent or more of the managing partners of
the company, or a transfer of ten percent or more of the ownership interest in the
company, or an existing member obtaining a cumulative of ten percent or more of
the ownership interest in the company.
"Terminal illness" means a disease, illness, or condition of a patient:
a. For which there is not a reasonable medical expectation of recovery;
Page No. 8
b.
42.
43.
44.
45.
46.
Which as a medical probability, will result in the death of the patient, regardless of
the use or discontinuance of medical treatment implemented for the purpose of
sustaining life or the life processes; and
c. As a result of which, the patient's health care provider would not be surprised if
death were to occur within six months.
"Tetrahydrocannabinol" means tetrahydrocannabinols naturally contained in a plant of
the genus cannabis, and synthetic equivalents of the substances contained in the
cannabis plant, or in the resinous extractives of the plant, including synthetic
substances, derivatives, and their isomers with similar chemical structure and
pharmacological activity to those substances contained in the plant, including:
a. (1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other
names: Delta-9-tetrahydrocannabinol.
(2) Delta-6 or trans tetrahydrocannabinol, and their optical isomers. Other
names: Delta-8 tetrahydrocannabinol.
(3) Delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.
(Since nomenclature of these substances is not intentionally standardized, compounds
of these structures, regardless of numerical designation or atomic positions covered.)
b. Tetrahydrocannabinol does not include:
(1) The allowable amount of total tetrahydrocannabinol found in hemp as
defined in chapter 4.1-18.1; or
(2) A prescription drug approved by the United States food and drug
administration under section 505 of the Federal Food, Drug, and Cosmetic
Act [21 U.S.C. 355].
"Total tetrahydrocannabinol" means the sum of the percentage by weight of
tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths
plus the percentage of weight of tetrahydrocannabinol.
"Usable marijuana" means a medical marijuana product or the dried leaves or flowers
of the plant of the genus cannabis in a combustible delivery form. However, the term
does not include a cannabinoid edible product. In the case of a registered qualifying
patient who is a minor, "usable marijuana" is limited to pediatric medical marijuana.
"Verification system" means the system maintained by the department under section
19-24.1-31 for verification of registry identification cards.
"Written certification" means a form established by the department which is executed,
dated, and signed by a health care provider within ninety calendar days of the date of
application, stating the patient has a debilitating medical condition. A health care
provider may authorize an enhanced amount of dried leaves or flowers of the plant of
the genus cannabis in a combustible delivery form to treat or alleviate the patient's
debilitating medical condition of cancer. A written certification may not be made except
in the course of a bona fide provider-patient relationship.
19-24.1-02. Medical marijuana program.
The department shall establish and implement a medical marijuana program under this
chapter to allow for production and processing, the sale and dispensing of usable marijuana,
and medical use of marijuana. A person may not produce or process or sell, possess, transport,
dispense, or use marijuana or usable marijuana under the medical marijuana program unless
the person is authorized to do so as a compassion center, a cardholder, or otherwise authorized
by rule adopted under this chapter.
19-24.1-03. Qualifying patients - Registration.
1. A qualifying patient is not eligible to purchase, use, or possess usable marijuana under
the medical marijuana program unless the qualifying patient has a valid registry
identification card.
2. A qualifying patient application for a registry identification card is complete and eligible
for review if an applicant submits to the department:
a. A nonrefundable application fee in an amount not to exceed fifty dollars.
b. An original written certification, which must include:
Page No. 9
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3.
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The name, address, and telephone number of the practice location of the
applicant's health care provider;
(2) The health care provider's North Dakota license number;
(3) The health care provider's medical or nursing specialty;
(4) The applicant's name and date of birth;
(5) The applicant's debilitating medical condition and the medical justification for
the health care provider's certification of the patient's debilitating medical
condition;
(6) Attestation the written certification is made in the course of a bona fide
provider-patient relationship;
(7) Whether the health care provider authorizes the patient to use an enhanced
amount of the dried leaves or flowers of the plant of the genus cannabis in a
combustible delivery form to treat or alleviate the patient's debilitating
medical condition of cancer; and
(8) The health care provider's signature and the date.
c. An original qualifying patient application for a registry identification card form
established by the department which must include all of the following:
(1) The applicant's name, address, and date of birth.
(2) The name, address, and date of birth of the applicant's proposed designated
caregiver, if any.
(3) A photographic copy of the applicant's North Dakota identification. The North
Dakota identification must be available for inspection and verification upon
request of the department. If the applicant is a minor, a certified copy of a
birth record or a photographic copy of the minor's North Dakota identification
is required.
(4) The applicant's or guardian's signature and the date, or in the case of a
minor, the signature of the minor's parent or legal guardian with
responsibility for health care decisions and the date.
(5) A disclosure that possession of a firearm by a person who possesses
marijuana may be a violation of federal law.
d. A signed consent for release of medical information related to the applicant's
debilitating medical condition, on a form provided by the department.
e. A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the applicant.
f. Any other information or material required by rule adopted under this chapter.
If the applicant is unable to submit the required application information due to age or
medical condition, the individual responsible for making medical decisions for the
applicant may submit the application on behalf of the applicant. The individual
responsible for making medical decisions:
a. Must be identified on the qualifying patient application for a registry identification
card; and
b. Shall provide a photographic copy of the individual's department-approved
identification. The identification must be available for inspection and verification
upon the request of the department.
If the applicant is a minor, the department may waive the application or renewal fee if:
a. The parent or legal guardian of the applicant is the applicant's registered
designated caregiver; and
b. The applicant resides with the applicant's registered designated caregiver.
19-24.1-03.1. Qualifying patients - Veterans.
In lieu of the written certification required under section 19-24.1-03, a veteran receiving
treatment from a federal veterans' affairs entity may submit to the department a copy of the
veterans' affairs medical records identifying a diagnosis of a debilitating medical condition and a
copy of military discharge documents. The department may use the medical records and
discharge documents in place of a written certification to approve or deny the application under
section 19-24.1-05. The department shall issue a registry identification card within thirty
calendar days of approving an application under this section.
Page No. 10
19-24.1-04. Designated caregivers - Registration.
1. A designated caregiver is not eligible to purchase, assist in the use of, or possess
usable marijuana under the medical marijuana program unless the designated
caregiver has a valid registry identification card.
2. A designated caregiver application is complete and eligible for review if an applicant
submits to the department all of the following:
a. An original designated caregiver application for a registry identification card form
established by the department which must include all of the following:
(1) A photographic copy of the applicant's North Dakota identification. The North
Dakota identification must be available for inspection and verification upon
request of the department.
(2) The name, address, telephone number, and date of birth of the qualifying
patient.
(3) The name, address, and telephone number of the applicant.
(4) The applicant's signature and the date.
(5) A disclosure that possession of a firearm by a person who possesses
marijuana may be a violation of federal law.
b. An original designated caregiver authorization form established by the
department which must be executed by a registered qualifying patient providing
the designated caregiver applicant with the responsibility of managing the
well-being of the registered qualifying patient with respect to the registered
qualifying patient's medical use of marijuana. The form must include:
(1) The name and date of birth of the designated caregiver applicant; and
(2) The registered qualifying patient's signature and the date.
c. A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the applicant.
d. Any other information or material required by the department by rule.
3. Except as provided in section 19-24.1-04.1, a criminal history record check conducted
under section 12-60-24 must be performed upon initial application and biennially
thereafter and at any other time upon the request of the department. All fees
associated with the criminal history record check must be paid by the applicant.
4. An individual convicted of a drug-related misdemeanor offense within the five years
preceding the date of application or of a felony offense is prohibited from serving as a
designated caregiver.
5. An applicant shall submit a separate and complete application for each of the
applicant's registered qualifying patients. A registered designated caregiver may assist
no more than five registered qualifying patients. A registered designated caregiver who
is a registered qualifying patient may assist no more than four additional registered
qualifying patients.
6. A registered designated caregiver may not purchase or possess more than the
allowable amount of usable marijuana for each of the registered designated
caregiver's registered qualifying patients and for the registered designated caregiver if
the caregiver is a registered qualifying patient.
19-24.1-04.1. Designated caregivers - Criminal history record check exemption.
The department may waive the requirement for a registered designated caregiver to obtain
a criminal history record check under section 12-60-24 if the registered designated caregiver is
solely assisting a registered qualifying patient whose debilitating medical condition is a terminal
illness. A registered designated caregiver seeking a waiver under this section shall provide the
department with a written statement attesting the caregiver has not been convicted of a drugrelated misdemeanor offense within the five years preceding the date of application or a felony
offense. If a waiver is issued under this section, the registered designated caregiver's registry
identification card is valid for a period not to exceed six months.
19-24.1-05. Qualifying patients and designated caregivers - Identification cards Issuance and denial.
Page No. 11
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Upon receipt of a complete application for or renewal of a qualifying patient or
designated caregiver registry identification card, the department shall verify the
submitted information.
The verification methods used by the department on an application or renewal and
accompanying documentation may include:
a. Contacting an applicant by telephone or mail, or if proof of identity is uncertain,
the department shall require a face-to-face meeting and the production of
additional identification materials;
b. Contacting the North Dakota board of medicine or North Dakota board of nursing
to verify the certifying health care provider is licensed in the state and is in good
standing; and
c. Contacting the health care provider to obtain additional documentation verifying
the qualifying patient applicant's medical diagnosis and medical condition qualify
the applicant for participation in the medical marijuana program.
Upon verification of the information contained in an application or renewal, the
department shall approve or deny the application or renewal.
Except as provided in subsection 5, the department shall issue a registry identification
card within thirty calendar days of approving an application or renewal. A designated
caregiver must have a registry identification card for each of the designated caregiver's
registered qualifying patients.
The department may not issue a registry identification card to a qualifying patient who
is a minor unless:
a. The department receives documentation the minor's health care provider has
explained to the parent or legal guardian with responsibility for health care
decisions for the minor the potential risks of the use of pediatric medical
marijuana; and
b. The department receives documentation the parent or legal guardian with
responsibility for health care decisions for the minor consents in writing to:
(1) Allow the minor's use of pediatric medical marijuana to treat or alleviate the
debilitating medical condition;
(2) Serve as the minor's designated caregiver or identifies a registered
designated caregiver to act as the minor's designated caregiver;
(3) Control the acquisition of usable marijuana and control the dosage and
frequency of the use of usable marijuana by the minor; and
(4) If serving as the minor's designated caregiver, prevent the minor from
accessing the usable marijuana by storing the usable marijuana in an
enclosed, locked facility.
If the department denies an application or renewal, the applicant may not reapply for
one year from the date of the denial, unless otherwise authorized by the department,
and the applicant is prohibited from all lawful privileges provided under this chapter.
The department shall deny an application for or renewal of a qualifying patient's
registry identification card if the applicant:
a. Does not meet the requirements of this section or section 19-24.1-03;
b. Did not provide the required information and materials;
c. Previously had a registry identification card revoked; or
d. Provided false or falsified information or made a material misstatement.
The department shall deny an application for or renewal of a designated caregiver
registry identification card if the designated caregiver applicant:
a. Does not meet the requirements of this section or section 19-24.1-04;
b. Did not provide the required information and materials;
c. Previously had a registry identification card revoked; or
d. Provided false or falsified information or made a material misstatement.
A registered qualifying patient may have no more than five registered designated
caregivers.
The department shall notify, in writing, the qualifying patient or designated caregiver
applicant of the reason for denying an application or renewal.
Page No. 12
11.
12.
The department shall notify the following in writing:
a. A registered qualifying patient if that patient's designated caregiver's application
or renewal is denied; and
b. A registered designated caregiver if that caregiver's qualifying patient's
application or renewal is denied.
The cardholder may appeal a denial or revocation of a registry identification card to the
district court of Burleigh County for hearing. The court may authorize the cardholder to
appear by reliable electronic means.
19-24.1-06. Registry identification cards - Renewal.
To prevent interruption of possession of a valid registry identification card, a registered
qualifying patient or registered designated caregiver shall apply for a registry identification card
renewal by submitting a complete reapplication as provided under section 19-24.1-03 or
19-24.1-04 no less than forty-five calendar days before the expiration date of the existing
registry identification card.
19-24.1-07. Registry identification cards - Nontransferable.
A registry identification card is not transferable, by assignment or otherwise, to another
person. If a person attempts to transfer a card in violation of this section, the registry
identification card is void and the person is prohibited from all privileges provided under this
chapter.
19-24.1-08. Qualifying patients and designated caregivers - Voluntary withdrawal.
A registered qualifying patient or registered designated caregiver may voluntarily withdraw
from participation in the medical marijuana program. A registered qualifying patient or registered
designated caregiver seeking to withdraw from the medical marijuana program shall notify the
department in writing no less than thirty calendar days before withdrawal.
19-24.1-09. Cardholders - Eligibility and compliance.
1. A cardholder shall provide the department or the department's designee immediate
access to any material and information necessary for determining eligibility and
compliance with this chapter.
2. Failure of a cardholder to provide the department access to the material, or information
as provided under this chapter may result in the department taking action, which may
include the revocation of the cardholder registry identification card and referral to state
or local law enforcement.
3. Failure of a cardholder to comply with the requirements under this section which is
documented by the department, may result in sanctions, including suspension,
revocation, nonrenewal, or denial of registration, and referral to state or local law
enforcement.
4. The department shall refer credible criminal complaints against a cardholder to
appropriate state or local law enforcement authorities.
5. a. If a violation of the requirements under this section is cited as a result of
compliance monitoring, the department shall provide the cardholder with written
notice of the findings following the compliance monitoring visit.
b. Unless otherwise specified by the department, the cardholder shall correct the
violation within five calendar days of receipt of the notice citing the violation.
c. The department shall verify whether the cardholder corrected the violation.
d. The violation is not deemed corrected until the department provides written
verification the corrective action is satisfactory.
e. If the violation is not corrected within the required time, the department may
revoke the registry identification card of the cardholder.
Page No. 13
19-24.1-10. Cardholders - Notification of change.
1. Within ten calendar days of the change, in a manner prescribed by the department, a
registered qualifying patient or registered designated caregiver shall notify the
department of any of the following:
a. A change in the cardholder's name or address;
b. Knowledge of a change that would render the registered qualifying patient no
longer eligible to participate in the medical marijuana program;
c. Knowledge of a change that results in the registered qualifying patient's health
care provider no longer meeting the definition of the term "health care provider"
as defined under section 19-24.1-01; or
d. Knowledge of a change that renders the registered qualifying patient's registered
designated caregiver no longer eligible to participate in the medical marijuana
program.
2. If a registered qualifying patient seeks to change the patient's designated caregiver,
the registered qualifying patient shall notify the department in writing of this change.
3. If a cardholder loses the cardholder's registry identification card, the cardholder shall
notify the department in writing within twenty-four hours of becoming aware of the loss.
4. If a registered qualifying patient is unable to make a notification required under this
section due to age or medical condition, that patient's registered designated caregiver
or the individual responsible for making medical decisions for that patient shall provide
the notification.
5. If the department receives notification of an item listed in this section and the nature of
the item reported does not affect a cardholder's eligibility, the department may issue
the cardholder a new registry identification card within twenty calendar days of
approving the updated information and the cardholder may pay a fee, not to exceed
twenty-five dollars. If a cardholder notifying the department is a registered qualifying
patient who has a registered designated caregiver, the department shall issue the
patient's registered designated caregiver a new registry identification card within
twenty calendar days of approving the updated information.
6. If the department receives notification of an item listed in this section and the nature of
the item reported makes the cardholder ineligible, the cardholder's registry
identification card becomes void immediately upon notification of the department and
the registered cardholder shall dispose of any usable marijuana in the cardholder's
possession within fifteen calendar days, in accordance with rules adopted under this
chapter.
7. A registered qualifying patient's certifying health care provider may notify the
department in writing if the health care provider's registered qualifying patient no
longer has a debilitating medical condition. The health care provider may notify the
department if a bona fide provider-patient relationship ceases to exist. Except if the
bona fide provider-patient relationship is terminating due to the health care provider
moving to a location where it is not suitable to continue the bona fide provider-patient
relationship, the qualifying patient's registry identification card becomes void
immediately upon the health care provider's notification of the department. If the bona
fide provider-patient relationship is terminating due to the health care provider moving
to a location where it is not suitable to continue the bona fide provider-patient
relationship, the qualifying patient's registry identification card is void if the registered
qualifying patient fails to establish a new bona fide provider-patient relationship within
sixty days of the department receiving notice from the original health care provider. If
the registry identification card is voided under this subsection, the registered qualifying
patient shall dispose of any usable marijuana in the cardholder's possession within
fifteen calendar days, in accordance with rules adopted under this chapter.
19-24.1-11. Registry identification cards.
1. The contents of a registry identification card must include:
a. The name of the cardholder;
Page No. 14
b.
2.
3.
A designation as to whether the cardholder is a qualifying patient, designated
caregiver, or compassion center agent;
c. A designation as to whether a qualifying patient is a minor;
d. A designation as to whether a qualifying patient or a designated caregiver's
qualifying patient is authorized to use an enhanced amount of dried leaves or
flowers of the plant of the genus cannabis to treat or alleviate the patient's
debilitating medical condition of cancer;
e. The date of issuance and expiration date;
f. A random ten-digit alphanumeric identification number containing at least four
numbers and at least four letters which is unique to the cardholder;
g. If the cardholder is a designated caregiver, the random identification number of
the qualifying patient the designated caregiver is authorized to assist;
h. A photograph of the cardholder; and
i. The phone number or website address at which the card can be verified.
Except as otherwise provided in this section or rule adopted under this chapter, a
registry identification card expiration date must be one year after the date of issuance.
If a health care provider limits the written certification until a specified date, less than
one year, the registry identification card expires on that date.
19-24.1-12. Compassion centers.
1. A person may not process or produce or dispense usable marijuana or otherwise act
as a compassion center in this state unless the person is registered as a compassion
center.
2. Except as otherwise provided under this section, the department shall register no more
than:
a. Two compassion centers with the sole purpose of operating as a manufacturing
facility; and
b. Eight compassion centers with the sole purpose of operating as a dispensary.
3. The department shall establish an open application period for the submission of
compassion center applications. At the completion of the open application period, the
department shall review each complete application using a competitive process
established in accordance with rules adopted under this chapter and shall determine
which applicants to register as compassion centers.
4. The department may register additional compassion centers if the department
determines additional compassion centers are necessary to increase access to usable
marijuana by registered qualifying patients and registered designated caregivers.
5. If the department revokes or does not renew a compassion center registration
certificate, the department may establish an open application period for the submission
of compassion center applications.
6. The department of commerce may not certify a compassion center as a primary sector
business.
19-24.1-13. Compassion centers - Authority.
1. The activities of a manufacturing facility are limited to producing and processing and to
related activities, including acquiring, possessing, storing, transferring, and
transporting marijuana and usable marijuana, for the sole purpose of selling usable
marijuana to a dispensary.
2. The activities of a dispensary are limited to purchasing usable marijuana from a
manufacturing facility, and related activities, including storing, delivering, transferring,
and transporting usable marijuana, for the sole purpose of dispensing usable
marijuana to a registered qualifying patient, directly or through the registered qualifying
patient's registered designated caregiver. The activities of a dispensary include
providing educational material and selling usable marijuana related supplies to a
registered qualifying patient or a registered designated caregiver.
3. An individual or organization may not hold an ownership interest in:
a. More than one manufacturing facility.
Page No. 15
b.
c.
4.
More than four dispensaries.
More than one dispensary within a twenty-mile [32.19 kilometer] radius of another
dispensary.
An agreement may not be entered between a manufacturing facility and dispensary
whereby a dispensary agrees to limit purchases or sales of usable marijuana to one
manufacturing facility.
19-24.1-14. Compassion centers - Application. (Effective through August 31, 2022)
1. The department shall establish forms for an application to be registered as a
compassion center. For a compassion center registration application to be complete
and eligible for review, the applicant shall submit to the department all of the following:
a. A nonrefundable application fee, not to exceed five thousand dollars, made
payable to the "North Dakota State Department of Health, Medical Marijuana
Program".
b. The legal name, articles of incorporation or articles of organization, and bylaws or
operating agreement of the proposed compassion center applicant.
c. Evidence of the proposed compassion center applicant's registration with the
secretary of state and certificate of good standing.
d. The physical address of the proposed location of the proposed compassion
center and:
(1) Evidence of approval from local officials as to the proposed compassion
center applicant's compliance with local zoning laws for the physical address
to be used by the proposed compassion center; and
(2) Evidence the physical address of the proposed compassion center is not
located within one thousand feet [304.80 meters] of a property line of a
pre-existing public or private school.
e. For a manufacturing facility applicant, a description of the enclosed, locked facility
that would be used in the production and processing of marijuana, including steps
that will be taken to ensure the production and processing is not visible from the
street or other public areas.
f. The name, address, and date of birth of each principal officer and board member,
or of each member-manager, manager, or governor, of the proposed compassion
center applicant and verification each officer and board member, or each
member-manager, manager, or governor, has consented to a criminal history
record check conducted under section 12-60-24.
g. For each of the proposed compassion center applicant's principal officers and
board members, or for each of the proposed compassion center applicant's
member-managers, managers, or governors, a description of that individual's
relevant experience, including training or professional licensing related to
medicine, pharmaceuticals, natural treatments, botany, food science, food safety,
production, processing, and the individual's experience running a business entity.
h. A description of proposed security and safety measures, which demonstrate
compliance with the security and safety requirements under section 19-24.1-25.
i. An example of the design and security features of usable marijuana containers
which demonstrates compliance with section 19-24.1-21.
j. A complete operations manual, which demonstrates compliance with section
19-24.1-27.
k. A description of the plans for making usable marijuana available on an affordable
basis to registered qualifying patients with limited financial resources.
l. A list of all individuals and business entities having direct or indirect authority over
the management or policies of the proposed compassion center applicant.
m. A list of all individuals and business entities having an ownership interest in the
proposed compassion center applicant, whether direct or indirect, and whether
the interest is in profits, land, or building, including owners of any business entity
that owns all or part of the land or building.
Page No. 16
n.
The identity of any creditor holding a security interest in the proposed
compassion center premises.
2. The department is not required to review an application submitted under this section
unless the department determines the application is complete. The criteria considered
by the department in reviewing an application must include:
a. The suitability of the proposed compassion center location, including compliance
with any local zoning laws, and the geographic convenience to access
compassion centers for registered qualifying patients and registered designated
caregivers from throughout the state;
b. The character and relevant experience of the principal officers and board
members, or of the member-managers, managers, or governors, including
training or professional licensing and business experience;
c. The applicant's plan for operations and services, including staffing and training
plans, whether the applicant has sufficient capital to operate, and the applicant's
ability to provide an adequate supply of usable marijuana to registered qualifying
patients and registered designated caregivers;
d. The sufficiency of the applicant's plans for recordkeeping;
e. The sufficiency of the applicant's plans for safety, security, and the prevention of
diversion, including the proposed location and security devices employed;
f. The applicant's plan for making usable marijuana available on an affordable basis
to registered qualifying patients with limited financial resources;
g. The applicant's plan for safe and accurate packaging and labeling of usable
marijuana; and
h. The applicant's plans for testing usable marijuana and marijuana.
3. Following completion of the review under subsection 2, the department shall select the
applicants eligible for registration under section 19-24.1-15.
Compassion centers - Application. (Effective after August 31, 2022)
1. The department shall establish forms for an application to be registered as a
compassion center. For a compassion center registration application to be complete
and eligible for review, the applicant shall submit to the department all of the following:
a. A nonrefundable application fee, not to exceed five thousand dollars, made
payable to the "North Dakota Department of Health and Human Services, Medical
Marijuana Program".
b. The legal name, articles of incorporation or articles of organization, and bylaws or
operating agreement of the proposed compassion center applicant.
c. Evidence of the proposed compassion center applicant's registration with the
secretary of state and certificate of good standing.
d. The physical address of the proposed location of the proposed compassion
center and:
(1) Evidence of approval from local officials as to the proposed compassion
center applicant's compliance with local zoning laws for the physical address
to be used by the proposed compassion center; and
(2) Evidence the physical address of the proposed compassion center is not
located within one thousand feet [304.80 meters] of a property line of a
pre-existing public or private school.
e. For a manufacturing facility applicant, a description of the enclosed, locked facility
that would be used in the production and processing of marijuana, including steps
that will be taken to ensure the production and processing is not visible from the
street or other public areas.
f. The name, address, and date of birth of each principal officer and board member,
or of each member-manager, manager, or governor, of the proposed compassion
center applicant and verification each officer and board member, or each
member-manager, manager, or governor, has consented to a criminal history
record check conducted under section 12-60-24.
g. For each of the proposed compassion center applicant's principal officers and
board members, or for each of the proposed compassion center applicant's
Page No. 17
2.
3.
member-managers, managers, or governors, a description of that individual's
relevant experience, including training or professional licensing related to
medicine, pharmaceuticals, natural treatments, botany, food science, food safety,
production, processing, and the individual's experience running a business entity.
h. A description of proposed security and safety measures, which demonstrate
compliance with the security and safety requirements under section 19-24.1-25.
i. An example of the design and security features of usable marijuana containers
which demonstrates compliance with section 19-24.1-21.
j. A complete operations manual, which demonstrates compliance with section
19-24.1-27.
k. A description of the plans for making usable marijuana available on an affordable
basis to registered qualifying patients with limited financial resources.
l. A list of all individuals and business entities having direct or indirect authority over
the management or policies of the proposed compassion center applicant.
m. A list of all individuals and business entities having an ownership interest in the
proposed compassion center applicant, whether direct or indirect, and whether
the interest is in profits, land, or building, including owners of any business entity
that owns all or part of the land or building.
n. The identity of any creditor holding a security interest in the proposed
compassion center premises.
The department is not required to review an application submitted under this section
unless the department determines the application is complete. The criteria considered
by the department in reviewing an application must include:
a. The suitability of the proposed compassion center location, including compliance
with any local zoning laws, and the geographic convenience to access
compassion centers for registered qualifying patients and registered designated
caregivers from throughout the state;
b. The character and relevant experience of the principal officers and board
members, or of the member-managers, managers, or governors, including
training or professional licensing and business experience;
c. The applicant's plan for operations and services, including staffing and training
plans, whether the applicant has sufficient capital to operate, and the applicant's
ability to provide an adequate supply of usable marijuana to registered qualifying
patients and registered designated caregivers;
d. The sufficiency of the applicant's plans for recordkeeping;
e. The sufficiency of the applicant's plans for safety, security, and the prevention of
diversion, including the proposed location and security devices employed;
f. The applicant's plan for making usable marijuana available on an affordable basis
to registered qualifying patients with limited financial resources;
g. The applicant's plan for safe and accurate packaging and labeling of usable
marijuana; and
h. The applicant's plans for testing usable marijuana and marijuana.
Following completion of the review under subsection 2, the department shall select the
applicants eligible for registration under section 19-24.1-15.
19-24.1-15. Compassion centers - Registration. (Effective through August 31, 2022)
1. Upon receipt of notification by the department a compassion center application is
eligible for registration, the applicant shall submit all of the following additional items to
the department to qualify for registration:
a. A certification fee, made payable to the "North Dakota State Department of
Health, Medical Marijuana Program", in an amount not to exceed ninety thousand
dollars for a dispensary and one hundred ten thousand dollars for a
manufacturing facility.
b. A financial assurance or security bond to ensure the protection of the public
health and safety and the environment in the event of abandonment, default, or
other inability or unwillingness to meet the requirements of this chapter.
Page No. 18
c.
The physical address of the proposed compassion center; confirmation the
information in the application regarding the physical location of the proposed
compassion center has not changed, and if the information has changed the
department shall determine whether the new information meets the requirements
of this chapter; and a current certificate of occupancy, or equivalent document, to
demonstrate compliance with the provisions of state and local fire code for the
physical address of the proposed compassion center. It is not necessary for an
applicant to resubmit any information provided in the initial application unless
there has been a change in that information.
d. An update to previously submitted information, including information about
compassion center agents and compliance with section 19-24.1-18.
2. If an applicant complies with subsection 1, the department shall issue the applicant a
registration certificate.
Compassion centers - Registration. (Effective after August 31, 2022)
1. Upon receipt of notification by the department a compassion center application is
eligible for registration, the applicant shall submit all of the following additional items to
the department to qualify for registration:
a. A certification fee, made payable to the "North Dakota Department of Health and
Human Services, Medical Marijuana Program", in an amount not to exceed ninety
thousand dollars for a dispensary and one hundred ten thousand dollars for a
manufacturing facility.
b. A financial assurance or security bond to ensure the protection of the public
health and safety and the environment in the event of abandonment, default, or
other inability or unwillingness to meet the requirements of this chapter.
c. The physical address of the proposed compassion center; confirmation the
information in the application regarding the physical location of the proposed
compassion center has not changed, and if the information has changed the
department shall determine whether the new information meets the requirements
of this chapter; and a current certificate of occupancy, or equivalent document, to
demonstrate compliance with the provisions of state and local fire code for the
physical address of the proposed compassion center. It is not necessary for an
applicant to resubmit any information provided in the initial application unless
there has been a change in that information.
d. An update to previously submitted information, including information about
compassion center agents and compliance with section 19-24.1-18.
2. If an applicant complies with subsection 1, the department shall issue the applicant a
registration certificate.
19-24.1-16. Compassion centers - Renewal.
1. A compassion center registration certificate expires two years after issuance. A
compassion center may submit a renewal application at any time beginning ninety
calendar days before the expiration of the registration certificate. A compassion center
shall submit a renewal application a minimum of sixty calendar days before the
expiration of the registration certificate to avoid suspension of the certificate.
2. The department shall approve a compassion center's renewal application within sixty
calendar days of submission, if the following conditions are satisfied:
a. The compassion center submits a renewal fee, in an amount not to exceed ninety
thousand dollars for a dispensary and one hundred ten thousand dollars for a
manufacturing facility, which the department shall refund if the department rejects
the renewal application;
b. The compassion center submits a complete renewal application;
c. The department has at no time suspended the compassion center's registration
for violation of this chapter;
d. Inspections conducted under this chapter do not raise any serious concerns
about the continued operation of the compassion center; and
Page No. 19
e.
3.
The compassion center continues to meet all the requirements for the operation
of a compassion center as set forth in this chapter and rules adopted under this
chapter.
If a compassion center does not meet the requirements for renewal, the department
may not issue a registration certificate and the department shall provide the
compassion center with written notice of the determination. If a compassion center's
certificate is not renewed, the compassion center shall dispose all marijuana and
usable marijuana in accordance with rules adopted under this chapter.
19-24.1-17. Compassion centers - Registration certificates nontransferable Notification of changes.
1. Upon application of a compassion center to the department, a registration certificate of
a compassion center may be amended to authorize a change in the authorized
physical location of the compassion center, or to amend the ownership or
organizational structure of the compassion center with the registration certificate. A
compassion center shall provide the department written notice of any change
described under this section at least sixty calendar days before the proposed effective
date of the change.
2. A registration certificate authorizing the operation of a compassion center is void by a
change in ownership, substantial corporate change, change in location, or
discontinued operation, without prior approval of the department. The department may
adopt rules allowing for certain types of changes in ownership without the need for
prior written approval from the department.
3. The department shall authorize the use of additional structures located within five
hundred feet [152.40 meters] of the location described in the original application,
unless the department makes an affirmative finding the use of additional structures
would jeopardize public health or safety or would result in the cannabis business being
within one thousand feet [304.80 meters] of a property line of a pre-existing public or
private school. The department may waive all or part of the required advance notice to
address emergent or emergency situations.
19-24.1-18. Compassion centers - Agents - Registry identification cards.
1. Upon issuance of a compassion center registry certificate, the department shall issue
a registry identification card to each qualified compassion center agent associated with
the compassion center.
2. To qualify to be issued a registry identification card, each compassion center agent
must be at least twenty-one years of age and shall submit all of the following registry
identification card application material to the department:
a. A photographic copy of the agent's department-approved identification. The agent
shall make the identification available for inspection and verification by the
department.
b. A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the agent.
c. A written and signed statement from an officer or executive staff member of the
compassion center stating the applicant is associated with the compassion center
and the capacity of the association.
d. The name, address, and telephone number of the agent.
e. The name, address, and telephone number of the compassion center with which
the agent is associated.
f. The agent's signature and the date.
g. A nonrefundable application or renewal fee in the amount of two hundred dollars.
3. Each compassion center agent shall consent to a criminal history record check
conducted under section 12-60-24 to demonstrate compliance with the eligibility
requirements.
a. All applicable fees associated with the required criminal history record checks
must be paid by the compassion center or the agent.
Page No. 20
b.
4.
5.
6.
7.
8.
9.
10.
A criminal history record check must be performed upon initial application and
biennially upon renewal. A compassion center agent shall consent to a criminal
history record check at any time the department determines necessary.
c. An individual convicted of a drug-related misdemeanor offense within the
five-year period before the date of application or a felony offense is prohibited
from being a compassion center agent.
The department shall notify the compassion center in writing of the purpose for
denying a compassion center agent application for a registry identification card. The
department shall deny an application if the applicant fails to meet the registration
requirements or to provide the information required, if the applicant previously had a
registry identification card revoked, or if the department determines the information
provided is false. The cardholder may appeal a denial or revocation of a registry
identification card to the district court of Burleigh County for hearing. The court may
authorize the cardholder to appear by reliable electronic means.
The department shall issue a compassion center agent a registry identification card
within thirty calendar days of approval of an application.
A compassion center agent with a registry identification card shall notify the
department of any of the following within ten calendar days of the change, in a manner
prescribed by the department:
a. A change in the cardholder's name or address; and
b. Knowledge of a change that would render the compassion center agent no longer
eligible to be a cardholder.
If a compassion center agent loses the agent's registry identification card, that agent
shall notify the department in writing within twenty-four hours of becoming aware the
card has been lost.
If a cardholder notifies the department of items listed in this section but the nature of
the item reported results in the cardholder remaining eligible, the department shall
issue the cardholder a new registry identification card with a new random ten-digit
alphanumeric identification number within twenty calendar days of approving the
updated information and the cardholder shall pay a fee, not to exceed twenty-five
dollars. If a cardholder notifies the department of an item that results in the cardholder
being ineligible, the registry identification card immediately becomes void.
A compassion center shall notify the department in writing within two calendar days of
the date a compassion center agent ceases to work for or be associated with the
compassion center. Upon receipt of the notification, that individual's registry
identification card becomes void immediately.
The registry identification card of a compassion center agent expires one year after
issuance or upon the termination of the compassion center's registration certificate,
whichever occurs first. To prevent interruption of possession of a valid registry
identification card, a compassion center agent shall renew a registry identification card
by submitting a complete renewal application no less than forty-five calendar days
before the expiration date of the existing registry identification card.
19-24.1-19. Cardholders - Compassion centers - Revocation.
1. The department may suspend or revoke a cardholder's registry identification card or a
compassion center's registration certificate for a material misstatement by an applicant
in an application or renewal.
2. The department may suspend or revoke a registry identification card or registration
certificate for a violation of this chapter or rules adopted under this chapter.
3. If a compassion center agent or a compassion center sells or otherwise transfers
marijuana or usable marijuana to a person not authorized to possess marijuana or
usable marijuana under this chapter, the department shall revoke the cardholder's
registry identification card or the compassion center's registration certificate, or both. If
the department revokes a cardholder's registry identification card under this
subsection, the cardholder is disqualified from further participation under this chapter.
Page No. 21
4.
The department shall provide written notice of suspension or revocation of a registry
identification card or registration certificate.
a. A suspension may not be for a period longer than six months.
b. A manufacturing facility may continue to produce and process and to possess
marijuana and usable marijuana during a suspension, but may not transfer or sell
usable marijuana.
c. A dispensary may continue to possess usable marijuana during a suspension, but
may not purchase, dispense, or transfer usable marijuana.
d. The cardholder or the compassion center may appeal a denial or revocation of a
registry identification card or registry certificate to the district court of Burleigh
County for hearing. The court may authorize the cardholder or compassion center
to appear by reliable electronic means.
19-24.1-20. Cardholders - Compassion centers - Violations - Penalties.
1. A cardholder or compassion center that fails to provide a notice as required under this
chapter shall pay to the department a fee in an amount established by the department,
not to exceed one hundred fifty dollars.
2. In addition to any other penalty applicable in law, a manufacturing facility or a
manufacturing facility agent is guilty of a class B felony for intentionally selling or
otherwise transferring marijuana or usable marijuana in any form, to a person other
than a dispensary, or for intentionally selling or otherwise transferring marijuana in any
form other than usable marijuana, to a dispensary. A person convicted under this
subsection may not continue to be affiliated with a compassion center and is
disqualified from further participation under this chapter.
3. In addition to any other penalty applicable in law, a dispensary or a dispensary agent is
guilty of a class B felony for intentionally selling or otherwise transferring usable
marijuana, to a person other than a registered qualifying patient or a registered
designated caregiver, to a registered qualifying patient who is a minor, or in a form not
allowed under this chapter. A person convicted under this subsection may not continue
to be affiliated with a compassion center and is disqualified from further participation
under this chapter.
4. In addition to any other penalty applicable in law, a dispensary or a dispensary agent is
guilty of a class B felony for intentionally selling or otherwise transferring usable
marijuana, in a form other than pediatric medical marijuana, to a registered designated
caregiver, for use by a registered qualifying patient who is a minor. A person convicted
under this subsection may not continue to be affiliated with a compassion center and is
disqualified from further participation under this chapter.
5. A compassion center or compassion center agent that knowingly submits false records
or documentation required by the department to certify a compassion center under this
chapter is guilty of a class C felony. A person convicted under this subsection may not
continue to be affiliated with a compassion center and is disqualified from further
participation under this chapter.
6. In addition to any other penalty applicable in law, if a compassion center violates this
chapter the department may fine the compassion center up to one thousand dollars for
each violation.
7. In addition to any other penalty applicable in law, a registered qualifying patient who
intentionally sells or otherwise transfers usable marijuana, to another person, is guilty
of a class B felony. An individual convicted under this subsection is disqualified from
further participation under this chapter.
8. In addition to any other penalty applicable in law, a registered designated caregiver
who intentionally sells or otherwise transfers usable marijuana, to a person other than
a registered qualifying patient to which the caregiver is associated with registration, is
guilty of a class B felony. An individual convicted under this subsection is disqualified
from further participation under this chapter.
9. An individual who knowingly submits false records or documentation required by the
department to receive a registry identification card under this chapter is guilty of a
Page No. 22
10.
class A misdemeanor. An individual convicted under this subsection may not continue
to be affiliated with a compassion center and is disqualified from further participation
under this chapter.
A health care provider who holds a financial interest in a compassion center may not
knowingly refer a patient to a compassion center or to a registered designated
caregiver, advertise in a compassion center, or issue a written certification. A health
care provider who violates this subsection must be fined up to one thousand dollars.
19-24.1-21. Compassion centers - Dispensing.
1. A compassion center shall comply with the dispensing requirements of this section.
2. Design and security features of usable marijuana containers must be in accordance
with rules adopted under this chapter.
3. A manufacturing facility or agent of the manufacturing facility may not dispense
marijuana or usable marijuana, except the manufacturing facility or agent may sell
usable marijuana to a dispensary.
4. A dispensary or agent of the dispensary may not dispense usable marijuana unless
the dispensary first uses the verification system to confirm the registered qualifying
patient or registered designated caregiver identification card is valid. A dispensary or
agent of the dispensary:
a. May not dispense usable marijuana to a person other than a registered qualifying
patient or a registered qualifying patient's registered designated caregiver. If a
registered qualifying patient is a minor:
(1) The dispensary or agent of the dispensary may not dispense usable
marijuana to a minor; and
(2) The usable marijuana dispensed to the minor's designated caregiver must
be in the form of pediatric medical marijuana.
b. May not dispense to a registered qualifying patient or registered designated
caregiver more than the allowable amount of usable marijuana and may not
dispense an amount if it is known that amount would cause the recipient to
purchase or possess more usable marijuana than is permitted under this chapter.
19-24.1-22. Compassion centers - Inspections.
1. A compassion center is subject to random inspection by the department. During an
inspection, the department may review the compassion center's records, including the
compassion center's financial and dispensing records, which may track transactions
according to registered qualifying patient and registered designated caregiver registry
identification numbers.
2. The department shall conduct inspections of compassion centers to ensure
compliance with this chapter. The department shall conduct inspections of
manufacturing facilities for the presence of contaminants. The department shall select
a certified laboratory to conduct random quality sampling testing, in accordance with
rules adopted under this chapter. A compassion center shall pay the cost of all random
quality sampling testing.
19-24.1-23. Compassion centers - Pesticide testing.
A manufacturing facility shall test marijuana at a manufacturing facility for the presence of
pesticides. If a marijuana pesticide test or a random quality sampling test under section
19-24.1-22 indicates the presence of a pesticide, the manufacturing facility shall report the test
result immediately to the department and to the agriculture commissioner. Upon the order of the
department or agriculture commissioner, the manufacturing facility immediately shall destroy all
affected or contaminated marijuana and usable marijuana inventory in accordance with rules
adopted under this chapter, and shall certify to the department and to the agriculture
commissioner that all affected or contaminated inventory has been destroyed.
Page No. 23
19-24.1-24. Compassion centers - Cannabis plants. (Effective through August 31,
2022)
1. A manufacturing facility shall grow an amount of marijuana sufficient to meet the
qualifying patient population demands. For every five hundred plants in excess of one
thousand plants a manufacturing facility possesses, the manufacturing facility shall
pay the department an additional certification fee of ten thousand dollars. This fee is
due at the time of increase and again at renewal of the compassion center registration
certificate under section 19-24.1-16.
2. A dispensary may not possess more than three thousand five hundred ounces
[99.22 kilograms] of usable marijuana at any time, regardless of formulation.
3. The health council shall adopt rules to allow a manufacturing facility to possess no
more than an additional fifty plants for the exclusive purpose of department-authorized
research and development related to production and processing. These plants are not
counted in a manufacturing facility possession amount and are not subject to an
additional fee.
Compassion centers - Cannabis plants. (Effective after August 31, 2022)
1. A manufacturing facility shall grow an amount of marijuana sufficient to meet the
qualifying patient population demands. For every five hundred plants in excess of one
thousand plants a manufacturing facility possesses, the manufacturing facility shall
pay the department an additional certification fee of ten thousand dollars. This fee is
due at the time of increase and again at renewal of the compassion center registration
certificate under section 19-24.1-16.
2. A dispensary may not possess more than three thousand five hundred ounces
[99.22 kilograms] of usable marijuana at any time, regardless of formulation.
3. The department shall adopt rules to allow a manufacturing facility to possess no more
than an additional fifty plants for the exclusive purpose of department-authorized
research and development related to production and processing. These plants are not
counted in a manufacturing facility possession amount and are not subject to an
additional fee.
19-24.1-25. Compassion centers - Security and safety.
1. In compliance with rules adopted under this chapter, a compassion center shall
implement appropriate security and safety measures to deter and prevent the
unauthorized entrance to areas containing marijuana and containing usable marijuana
and to prevent the theft of marijuana and usable marijuana.
2. A compassion center shall limit to authorized personnel entry to an area in which
production or producing takes place or in which marijuana or usable marijuana is held.
3. A compassion center must have a fully operational security alarm system at the
authorized physical address which includes an electrical support backup system for
the alarm system to provide suitable protection against theft and diversion.
4. A compassion center shall maintain documentation in an auditable form for:
a. All maintenance inspections and tests conducted under this section, and any
servicing, modification, or upgrade performed on the security alarm system;
b. An alarm activation or other event that requires response by public safety
personnel; and
c. Any breach of security.
19-24.1-26. Compassion centers - Inventory control.
1. A compassion center shall comply with the inventory control requirements provided
under this section and rules adopted under this chapter.
a. A manufacturing facility shall:
(1) Employ a bar coding inventory control system to track batch, strain, and
amounts of marijuana and usable marijuana in inventory and to track
amounts of usable marijuana sold to dispensaries; and
(2) Host a secure computer interface to transfer inventory amounts and
dispensary purchase information to the department.
Page No. 24
b.
2.
3.
A dispensary shall:
(1) Employ a bar coding inventory control system to track batch, strain, and
amounts of usable marijuana in inventory and to track amounts sold to
registered qualifying patients and registered designated caregivers; and
(2) Host a secure computer interface to transfer inventory amounts and
registered qualifying patient and registered designated caregiver purchase
information to the department.
A compassion center shall store the compassion center's marijuana and usable
marijuana in an enclosed locked facility with adequate security, in accordance with
rules adopted under this chapter.
A compassion center shall conduct inventories of marijuana and usable marijuana at
the authorized location at the frequency and in the manner provided by rules adopted
under this chapter. If an inventory results in the identification of a discrepancy, the
compassion center shall notify the department immediately and appropriate law
enforcement authorities within seventy-two hours. A compassion center shall
document each inventory conducted by the compassion center.
19-24.1-27. Compassion centers - Operating manual - Training.
1. A compassion center shall maintain a current copy of the compassion center's
operating manual that meets the requirements of rules adopted under this chapter.
2. A compassion center shall develop, implement, and maintain on the premises an
onsite training curriculum or shall enter contractual relationships with outside
resources capable of meeting compassion center agent training needs. A compassion
center shall ensure each compassion center agent receives training that includes:
a. Education regarding professional conduct, ethics, and state and federal laws
regarding patient confidentiality;
b. Informational developments in the field of medical use of marijuana;
c. All safety and security measures required under section 19-24.1-25;
d. Specific procedural instructions for responding to an emergency, including
robbery or violent accident; and
e. The compassion center's operating manual and all requirements related to
recordkeeping.
19-24.1-28. Compassion centers - Bylaws and operating agreements.
As part of a proposed compassion center's initial application, the applicant shall provide to
the department a current copy of the applicant's bylaws or operating agreement. Upon receipt of
a registration certificate, a compassion center shall maintain the bylaws or operating agreement
in accordance with this chapter. In addition to any other requirements, the bylaws or operating
agreement must include the ownership or management structure of the compassion center; the
composition of the board of directors, board of governors, member-managers, or managers; and
provisions relative to the disposition of revenues and earnings.
19-24.1-29. Compassion centers - Retention of and access to records and reports.
A compassion center shall keep detailed financial reports of proceeds and expenses. A
compassion center shall maintain all inventory, sales, and financial records in accordance with
generally accepted accounting principles. The compassion center shall maintain for a period of
seven years all reports and records required under this section. A compassion center shall allow
the department, or an audit firm contracted by the department, access at all times to all books
and records kept by the compassion center.
19-24.1-30. Compassion centers - Recordkeeping - Compassion center agents Registry identification cards.
1. Each compassion center shall maintain:
a. In compliance with rules adopted under this chapter, a personnel record for each
compassion center agent for a period of at least three years following termination
Page No. 25
2.
of the individual's affiliation with the compassion center. The personnel record
must comply with minimum requirements set by rule adopted under this chapter.
b. A record of the source of funds that will be used to open or maintain the
compassion center, including the name, address, and date of birth of any
investor.
c. A record of each instance in which a current or prospective board member,
member-manager, manager, or governor, who managed or served on the board
of a business or not-for-profit entity and in the course of that service was
convicted, fined, or censured or had a registration or license suspended or
revoked in any administrative or judicial proceeding.
Each compassion center agent shall hold a valid registry identification card.
19-24.1-31. Verification system.
1. The department shall maintain a confidential list of cardholders and each cardholder's
address, phone number, and registry identification number.
2. The department shall establish a secure verification system. The verification system
must allow law enforcement personnel, health care providers, pharmacists,
compassion centers, and compassion center agents twenty-four-hour access to enter
a registry identification number to determine whether the number corresponds with a
current valid registry identification card. The system may disclose:
a. Whether an identification card is valid;
b. The name of the cardholder;
c. Whether the cardholder is a registered qualifying patient, registered designated
caregiver, or registered compassion center agent;
d. Whether a registered qualifying patient is a minor; and
e. The registry identification number of any affiliated registered qualifying patient,
registered designated caregiver, or compassion center.
19-24.1-32. Protections.
Except as provided in sections 19-24.1-20 and 19-24.1-33:
1. A registered qualifying patient is not subject to arrest or prosecution or the denial of
any right or privilege, including a civil penalty or disciplinary action by a court or
occupational or professional regulating entity for the acquisition, use, or possession of
usable marijuana or related supplies under this chapter.
2. A registered designated caregiver is not subject to arrest or prosecution or the denial
of any right or privilege, including a civil penalty or disciplinary action by a court or
occupational or professional regulating entity:
a. For assisting a registered qualifying patient with the acquisition, use, or
possession of usable marijuana or related supplies under this chapter, if the
registered designated caregiver is connected to the registered qualifying patient
through the department's registration process.
b. For receiving compensation for costs associated with assisting a registered
qualifying patient with the acquisition, use, or possession of usable marijuana or
related supplies under this chapter, if the registered designated caregiver is
connected to the registered qualifying patient through the department's
registration process.
3. It is presumed a registered qualifying patient is engaged in, or a registered designated
caregiver is assisting with, the acquisition, use, or possession of usable marijuana or
related supplies in accordance with this chapter if the registered qualifying patient or
registered designated caregiver is in possession of a valid registry identification card
and is not in possession of usable marijuana in an amount that exceeds what is
authorized under this chapter. This presumption may be rebutted by evidence the
conduct related to acquisition, use, or possession of usable marijuana or related
supplies was not for the purpose of treating or alleviating the registered qualifying
patient's debilitating medical condition under this chapter.
Page No. 26
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
A person is not subject to arrest or prosecution or the denial of any right or privilege,
including a civil penalty or disciplinary action by a court or occupational or professional
regulating entity, for being in the presence or vicinity of the medical use of marijuana
authorized under this chapter.
A manufacturing facility is not subject to prosecution, search or inspection, or seizure,
except by the department or a department designee, under this chapter for acting
under this chapter to:
a. Produce or process or to conduct related activities for the sole purpose of selling
usable marijuana to a dispensary; or
b. Transfer, transport, or deliver marijuana or usable marijuana to and from a
department designee or manufacturing facility in accordance with this chapter.
A dispensary is not subject to prosecution, search or inspection, or seizure, except by
the department or a department designee, under this chapter for acting under this
chapter to:
a. Purchase usable marijuana from a manufacturing facility and conducting related
activities for the sole purpose of dispensing usable marijuana, selling related
supplies, and providing educational materials to registered qualifying patients and
designated caregivers; or
b. Transfer usable marijuana to and from a department designee or related
marijuana facility in accordance with this chapter.
A registered compassion center agent is not subject to arrest or prosecution or the
denial of any right or privilege, including a civil penalty or disciplinary action by a court
or occupational or professional regulating entity, for working or volunteering for a
compassion center if the action performed by the compassion center agent on behalf
of the compassion center is authorized under this chapter.
The sale and possession of marijuana paraphernalia by a dispensary is lawful if in
accordance with this chapter.
The medical use of marijuana by a registered cardholder or the producing and
processing and the dispensing of usable marijuana by a compassion center is lawful if
in accordance with this chapter.
A health care provider is not subject to arrest or prosecution or the denial of any right
or privilege, including a civil penalty or disciplinary action by a court or occupational or
professional regulating entity, solely for providing a written certification or for stating in
the health care provider's professional opinion a patient is likely to receive therapeutic
or palliative benefit from the medical use of usable marijuana to treat or alleviate the
patient's debilitating medical condition or for refusing to provide written certification or
a statement. This chapter does not release a health care provider from the duty to
exercise a professional standard of care for evaluating or treating a patient's medical
condition.
A cardholder or registered compassion center is not subject to arrest or prosecution for
use of drug paraphernalia or possession with intent to use drug paraphernalia in a
manner consistent with this chapter.
A person in possession of medical marijuana waste in the course of transporting or
disposing of the waste under this chapter and rules adopted under this chapter may
not be subject to arrest or prosecution for that possession or transportation.
A person in possession of marijuana, usable marijuana, or medical marijuana waste in
the course of performing laboratory tests as provided under this chapter and rules
adopted under this chapter may not be subject to arrest or prosecution for that
possession or testing.
19-24.1-33. Limitations. (Effective through August 31, 2022)
This chapter does not authorize a person to engage in, and does not prevent the imposition
of any civil liability or criminal liability or other penalties for engaging in the following conduct:
1. Undertaking an activity under the influence of marijuana if doing so would constitute
negligence or professional malpractice.
2. Possessing or consuming usable marijuana:
Page No. 27
a.
b.
c.
On a school bus or school van that is used for school purposes;
On the grounds of any public or private school;
At any location while a public or private school sanctioned event is occurring at
that location;
d. On the grounds of a correctional facility; or
e. On the grounds of a child care facility or licensed home day care, unless
authorized under rules adopted by the department of human services.
3. Undertaking any activity prohibited by section 23-12-09, 23-12-10, 23-12-10.2,
23-12-10.4, 23-12-10.5, or 23-12-11.
4. Using a combustible delivery form of usable marijuana or vaporizing usable marijuana
under this chapter if the smoke or vapor would be inhaled by a minor who is not the
registered qualifying patient for whom the usable marijuana is intended.
5. Operating, navigating, or being in actual physical control of a motor vehicle, aircraft,
train, or motorboat, while under the influence of marijuana. However, a registered
qualifying patient may not be considered to be under the influence of marijuana solely
because of the presence of metabolites or components of marijuana that appear in
insufficient concentration to cause impairment.
Limitations. (Effective after August 31, 2022)
This chapter does not authorize a person to engage in, and does not prevent the imposition
of any civil liability or criminal liability or other penalties for engaging in the following conduct:
1. Undertaking an activity under the influence of marijuana if doing so would constitute
negligence or professional malpractice.
2. Possessing or consuming usable marijuana:
a. On a school bus or school van that is used for school purposes;
b. On the grounds of any public or private school;
c. At any location while a public or private school sanctioned event is occurring at
that location;
d. On the grounds of a correctional facility; or
e. On the grounds of a child care facility or licensed home day care, unless
authorized under rules adopted by the department.
3. Undertaking any activity prohibited by section 23-12-09, 23-12-10, 23-12-10.2,
23-12-10.4, 23-12-10.5, or 23-12-11.
4. Using a combustible delivery form of usable marijuana or vaporizing usable marijuana
under this chapter if the smoke or vapor would be inhaled by a minor who is not the
registered qualifying patient for whom the usable marijuana is intended.
5. Operating, navigating, or being in actual physical control of a motor vehicle, aircraft,
train, or motorboat, while under the influence of marijuana. However, a registered
qualifying patient may not be considered to be under the influence of marijuana solely
because of the presence of metabolites or components of marijuana that appear in
insufficient concentration to cause impairment.
19-24.1-34. Acts not prohibited - Acts not required.
1. This chapter does not require:
a. A government medical assistance program or private insurer to reimburse a
person for costs associated with the medical use of marijuana;
b. A person in lawful possession of property to allow a guest, client, customer, or
other visitor to possess or consume usable marijuana on or in that property;
c. A landlord to allow production or processing on rental property; or
d. A health care provider to provide a written certification or otherwise recommend
marijuana to a patient.
2. This chapter does not prohibit an employer from disciplining an employee for
possessing or consuming usable marijuana in the workplace or for working while
under the influence of marijuana.
Page No. 28
19-24.1-35. Facility restrictions.
1. A basic care facility, nursing facility, assisted living facility, adult day care facility, or
adult foster care home licensed in the state may adopt reasonable restrictions on the
medical use of marijuana by residents or individuals receiving inpatient services,
including:
a. The facility will not store or maintain the registered qualifying patient's supply of
usable marijuana.
b. The facility, caregivers, or hospice agencies serving the facility's residents are not
responsible for providing the usable marijuana for registered qualifying patients or
assisting with the medical use of marijuana.
c. Usable marijuana can be consumed by a method other than vaporizing or
combustion.
d. Consumption of usable marijuana is limited to a place specified by the facility.
2. A facility listed in subsection 1 may not unreasonably limit a registered qualifying
patient's medical use of marijuana as authorized under this chapter unless failing to do
so would cause the facility to lose a monetary or licensing-related benefit under federal
law or regulations.
19-24.1-36. Health council - Rules. (Effective through August 31, 2022)
1. The health council shall adopt rules as necessary for the implementation and
administration of this chapter, including transportation and storage of marijuana and
usable marijuana, advertising, packaging and labeling, standards for testing facilities,
inventory management, and accurate recordkeeping.
2. The health council may adopt rules regarding the operation and governance of
additional categories of registered medical marijuana establishments.
3. The health council shall adopt rules to establish requirements for reporting incidents of
individuals not authorized to possess marijuana or usable marijuana under this chapter
and who are found in possession of marijuana or usable marijuana. The rules must
identify professionals required to report, the information the reporter is required to
report, and actions the reporter shall take to secure the marijuana or usable marijuana.
4. The health council shall adopt rules to establish requirements for law enforcement
officials and health care professionals to report to the department incidents involving
overdose or adverse reaction related to the use of usable marijuana.
Rules. (Effective after August 31, 2022)
1. The department shall adopt rules as necessary for the implementation and
administration of this chapter, including transportation and storage of marijuana and
usable marijuana, advertising, packaging and labeling, standards for testing facilities,
inventory management, and accurate recordkeeping.
2. The department may adopt rules regarding the operation and governance of additional
categories of registered medical marijuana establishments.
3. The department shall adopt rules to establish requirements for reporting incidents of
individuals not authorized to possess marijuana or usable marijuana under this chapter
and who are found in possession of marijuana or usable marijuana. The rules must
identify professionals required to report, the information the reporter is required to
report, and actions the reporter shall take to secure the marijuana or usable marijuana.
4. The department shall adopt rules to establish requirements for law enforcement
officials and health care professionals to report to the department incidents involving
overdose or adverse reaction related to the use of usable marijuana.
19-24.1-37. Confidentiality.
1. Except as provided under subsection 2, information kept or maintained by the
department is confidential, including information in a registration application or renewal
and supporting information submitted by a qualifying patient, designated caregiver,
compassion center, proposed compassion center, or compassion center agent,
including information on designated caregivers and health care providers.
2. Information kept or maintained by the department may be disclosed as necessary for:
Page No. 29
a.
3.
4.
The verification of registration certificates and registry identification cards under
this chapter;
b. Submission of the annual report required by this chapter;
c. Submission to the North Dakota prescription drug monitoring program;
d. Notification of state or local law enforcement of apparent criminal violation;
e. Notification of state and local law enforcement about falsified or fraudulent
information submitted for purposes of obtaining or renewing a registry
identification card;
f. Notification of the North Dakota board of medicine or North Dakota board of
nursing if there is a reason to believe a health care provider provided a written
certification and the department has reason to believe the health care provider
otherwise violated this chapter; or
g. Data for statistical purposes in a manner such that an individual or compassion
center is not identified.
Upon a cardholder's written request, the department may confirm the cardholder's
status as a registered qualifying patient or a registered designated caregiver to a third
party, such as a landlord, school, medical professional, or court.
Information submitted to a local government to demonstrate compliance with any
security requirements required by local zoning ordinances or regulations is
confidential.
19-24.1-38. Advisory board.
1. The governor shall appoint six members to serve on an advisory board as follows:
a. One health care provider;
b. One representative of the department;
c. One representative of the manufacturing facilities;
d. One representative of the dispensaries;
e. One registered qualifying patient; and
f. One licensed pharmacist.
2. The chairman of the legislative management shall appoint two members of the
legislative assembly to serve on the advisory board, one member from each chamber.
The legislative council shall pay the compensation and expense reimbursement for the
legislative members. The terms of members of the appointed advisory board are for
two years and members may be reappointed by the appointing entity. The state health
officer shall serve as an ex officio voting member and as chairman of the advisory
board.
3. The advisory board:
a. Shall advise the department in implementation of the medical marijuana program.
b. May receive reports from the department on the status and activities of the
medical marijuana program.
c. May provide recommendations to the department and the legislative
management on the medical marijuana program.
19-24.1-39. Report to legislative management.
Annually, the department shall submit to the legislative management a report that does not
disclose any identifying information about registered cardholders, compassion centers, or health
care providers, but contains the following information:
1. The number of registry identification card applications and renewals;
2. The number of registered qualifying patients, registered designated caregivers, and
registered compassion center agents;
3. The nature of the debilitating medical conditions of the registered qualifying patients;
4. The number of registry identification cards revoked;
5. The number of health care providers providing written certifications for qualifying
patients;
6. The number of compassion centers;
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7.
8.
Any expenses incurred and revenues generated by the department from the medical
marijuana program; and
Data for statistical purposes in a manner so that an individual person is not identifiable.
19-24.1-40. Medical marijuana fund - Continuing appropriation.
The medical marijuana fund is established in the state treasury. The department shall
deposit in the fund all fees collected under this chapter. The department shall administer the
fund. Moneys in the fund are appropriated to the department on a continuing basis for use in
administering this chapter.
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