Chapter 19-24.1 Medical Marijuana

Copy with citation

Copy as parenthetical citation

CHAPTER 19-24.1 MEDICAL MARIJUANA 19-24.1-01. Definitions

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

"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

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

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

"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

The health care provider has created and maintained records of the patient's condition in accordance with medically accepted standards

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

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

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 tetrahhydrocannabinol permitted in a serving of a cannabinoid capsule is fifty milligrams

Page No. 1 6

"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

"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

"Contaminated" means made impure or inferior by extraneous substances

"Debilitating medical condition" means one of the following: a. Cancer; b

d. Decompensated cirrhosis caused by hepatitis C; e

h. Crohn's disease; i

Fibromyalgia; 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; Amyotrophic lateral sclerosis; Posttraumatic stress disorder; Agitation of Alzheimer's disease or related dementia; Positive status for human immunodeficiency virus; Acquired immune deficiency syndrome; Epilepsy; Anorexia nervosa; Bulimia nervosa; Anxiety disorder; Tourette syndrome; Ehlers-Danlos syndrome; Endometriosis; Interstitial cystitis; k. Glaucoma; l

t. Neuropathy; u. Migraine; v. Rheumatoid arthritis; w

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; Intractable nausea; (3) (4) Seizures; or Page No. 2 (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 hemp as defined in section 4.1-18.1-01

"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

"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

"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

Page No. 3 33

"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

"Terminal illness" means a disease, illness, or condition of a patient: a

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 As a result of which, the patient's health care provider would not be surprised if death were to occur within six months

For which there is not a reasonable medical expectation of recovery; "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

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

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 annual application fee in the amount of fifty dollars

An original written certification, which must include: (1) The name, address, and telephone number of the practice location of the 2

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; Page No. 4 c

(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

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

A signed consent for release of medical information related to the applicant's debilitating medical condition, on a form provided by the department

A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the applicant

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 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 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

19-24.1-04. Designated caregivers - Registration

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

Page No. 5 2

patient

A designated caregiver application is complete and eligible for review if an applicant submits to the department all of the following: a

A nonrefundable annual application fee in the amount of fifty dollars

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 (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

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

A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the applicant

Any other information or material required by the department by rule

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

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

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

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

19-24.1-05. Qualifying patients and designated caregivers - Identification cards - Issuance and denial

1. 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

Page No. 6 3. Upon verification of the information contained in an application or renewal, the 4

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 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 b

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 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

(4) 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; Previously had a registry identification card revoked; or c

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

The department shall notify, in writing, the qualifying patient or designated caregiver applicant of the reason for denying an application or renewal

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 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

Page No. 7 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

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

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

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

The department shall refer credible criminal complaints against a cardholder to appropriate state or local law enforcement authorities

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

The department shall verify whether the cardholder corrected the violation

The violation is not deemed corrected until the department provides written verification the corrective action is satisfactory

If the violation is not corrected within the required time, the department may revoke the registry identification card of the cardholder

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; Knowledge of a change that would render the registered qualifying patient no longer eligible to participate in the medical marijuana program; 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 Knowledge of a change that renders the registered qualifying patient's registered designated caregiver no longer eligible to participate in the medical marijuana program

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

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

Page No. 8 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

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 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 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

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

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. The qualifying patient's registry identification card becomes void immediately upon the health care provider's notification of the department and 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

The contents of a registry identification card must include: a

The name of the cardholder; A designation as to whether the cardholder is a qualifying patient, designated caregiver, or compassion center agent; A designation as to whether a qualifying patient is a minor; 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; The date of issuance and expiration date; A random ten-digit alphanumeric identification number containing at least four numbers and at least four letters which is unique to the cardholder; If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver is authorized to assist; A photograph of the cardholder; and 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

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

Except as otherwise provided under this section, the department shall register no more than: 2

Page No. 9 a

Two compassion centers with the sole purpose of operating as a manufacturing facility; and Eight compassion centers with the sole purpose of operating as a dispensary

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

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

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

The department of commerce may not certify a compassion center as a primary sector business

19-24.1-13. Compassion centers - Authority

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

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

19-24.1-14. Compassion centers - Application

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 nonrefundable application fee, not to exceed five thousand dollars, made a

payable to the "North Dakota State Department of Health, Medical Marijuana Program"

The legal name, articles of incorporation or articles of organization, and bylaws or operating agreement of the proposed compassion center applicant

Evidence of the proposed compassion center applicant's registration with the secretary of state and certificate of good standing

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 d

(2) Evidence the physical address of the proposed compassion center is not located within one thousand feet [604.80 meters] of a property line of a pre-existing public or private school

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

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 e

Page No. 10 member-manager, manager, or governor, has consented to a criminal history record check conducted under section 12-60-24

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

A description of proposed security and safety measures, which demonstrate compliance with the security and safety requirements under section 19-24.1-25

An example of the design and security features of usable marijuana containers which demonstrates compliance with section 19-24.1-21

A complete operations manual, which demonstrates compliance with section 19-24.1-27

A description of the plans for making usable marijuana available on an affordable basis to registered qualifying patients with limited financial resources

A list of all individuals and business entities having direct or indirect authority over the management or policies of the proposed compassion center applicant

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

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; 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; 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; The sufficiency of the applicant's plans for recordkeeping; The sufficiency of the applicant's plans for safety, security, and the prevention of diversion, including the proposed location and security devices employed; The applicant's plan for making usable marijuana available on an affordable basis to registered qualifying patients with limited financial resources; The applicant's plan for safe and accurate packaging and labeling of usable marijuana; and 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

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 the amount of ninety thousand dollars for a dispensary and one hundred ten thousand dollars for a manufacturing facility

Page No. 11 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

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

An update to previously submitted information, including information about compassion center agents and compliance with section 19-24.1-18

If an applicant complies with subsection 1, the department shall issue the applicant a registration certificate

19-24.1-16. Compassion centers - Renewal

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

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 the amount of 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; The compassion center submits a complete renewal application; The department has at no time suspended the compassion center's registration for violation of this chapter; Inspections conducted under this chapter do not raise any serious concerns about the continued operation of the compassion center; and 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

A registration certificate authorizing operation of a compassion center may not be transferred to another person. Unless a compassion center applies for and receives an amended registration certificate authorizing operation of a compassion center, the registration certificate is void if there is a change in ownership of the compassion center, there is a change in the authorized physical location of the compassion center, or if the compassion center discontinues operation

A compassion center shall provide the department a written notice of any change described under this section at least sixty calendar days before the proposed effective date of the change. 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 Page No. 12 2

structures would jeopardize public health or safety or would result in the compassion center 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

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

A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the agent

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

The name, address, and telephone number of the agent

The name, address, and telephone number of the compassion center with which the agent is associated

The agent's signature and the date

A nonrefundable application or renewal fee in the amount of two hundred dollars

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

All applicable fees associated with the required criminal history record checks must be paid by the compassion center or the agent

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

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 agent fails to meet the registration requirements or to provide the information required, 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 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 3

Page No. 13 9

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

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

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

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

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

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

A dispensary may continue to possess usable marijuana during a suspension, but may not purchase, dispense, or transfer usable marijuana

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

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

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 internationally 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

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 2

Page No. 14 4

to be affiliated with a compassion center and is disqualified from further participation under this chapter

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

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

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

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

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

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 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

2. Design and security features of usable marijuana containers must be in accordance A compassion center shall comply with the dispensing requirements of this section

with rules adopted under this chapter

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

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 Page No. 15 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

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

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

19-24.1-24. Compassion centers - Cannabis plants

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

A dispensary may not possess more than three thousand five hundred ounces [99.22 kilograms] of usable marijuana at any time, regardless of formulation

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

19-24.1-25. Compassion centers - Security and safety

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

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

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

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; 2

Page No. 16 b

An alarm activation or other event that requires response by public safety personnel; and Any breach of security

19-24.1-26. Compassion centers - Inventory control

A compassion center shall comply with the inventory control requirements provided under this section and rules adopted under this chapter

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

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 and appropriate law enforcement authorities immediately. A compassion center shall document each inventory conducted by the compassion center

19-24.1-27. Compassion centers - Operating manual - Training

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

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; Informational developments in the field of medical use of marijuana; All safety and security measures required under section 19-24.1-25; Specific procedural instructions for responding to an emergency, including robbery or violent accident; and 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

Page No. 17 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

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 of the individual's affiliation with the compassion center. The personnel record must comply with minimum requirements set by rule adopted under this chapter

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

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

The department shall maintain a confidential list of cardholders and each cardholder's address, phone number, and registry identification number

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

c. Whether the cardholder is a registered qualifying patient, registered designated The name of the cardholder; 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

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

Page No. 18 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

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

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 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 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

Page No. 19 12

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

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 2

negligence or professional malpractice

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 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

19-24.1-34. Acts not prohibited - Acts not required

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; 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; A landlord to allow production or processing on rental property; or A health care provider to provide a written certification or otherwise recommend marijuana to a patient

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

19-24.1-35. Facility restrictions

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

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

Page No. 20 2

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

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

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

The health council may adopt rules regarding the operation and governance of additional categories of registered medical marijuana establishments

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

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

19-24.1-37. Confidentiality

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

Information kept or maintained by the department may be disclosed as necessary for: a

The verification of registration certificates and registry identification cards under this chapter; Submission of the annual report required by this chapter; Submission to the North Dakota prescription drug monitoring program; b

d. Notification of state or local law enforcement of apparent criminal violation of this chapter; e. Notification of state and local law enforcement about falsified or fraudulent information submitted for purposes of obtaining or renewing a registry identification card; or 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

3. 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

The governor shall appoint six members to serve on an advisory board that: a

Shall advise the department in implementation of the medical marijuana program

Page No. 21 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

The state health officer shall serve as an ex officio voting member and as chairman of the advisory board

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; The number of registered qualifying patients and registered designated caregivers; The nature of the debilitating medical conditions of the registered qualifying patients; The number of registry identification cards revoked; The number of health care providers providing written certifications for qualifying patients; The number of compassionate care centers; and Any expenses incurred and revenues generated by the department from the medical marijuana program

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

Page No. 22

Previous Section

Chapter 19-24 North Dakota Compassionate Care Act [Repealed]

No more sections