Chapter 44-01. Medical Marijuana

In this chapter, unless the context otherwise requires: 1. "Activation time" means the amount of time it is likely to take for an individual to begin to feel the effects of ingesting or inhaling usable marijuana. 2. "Adverse reaction" means an unwanted, unexpected, or dangerous e…

A registered qualifying patient or registered designated caregiver who is required to provide notification in accordance with subsection 1 of North Dakota Century Code section 19-24.1-10 shall provide the department written notice. History: Effective April 1, 2018. General Author…

A compassion center that fails to provide notice as required by North Dakota Century Code chapter 19-24.1 and these rules, is subject to a fee in the amount of one hundred fifty dollars. History: Effective April 1, 2018. General Authority: NDCC 19-24.1-20 Law Implemented: NDCC 19…

The department may process a qualifying patient application for a registry identification card without the signature of the minor's parent or legal guardian if the applicant is eighteen years of age and the department determines the minor has no parent or legal guardian with resp…

The department shall collect nonrefundable original application fees and nonrefundable renewal application fees for registry identification cards as follows: 1. For resident qualifying patient applications, forty dollars. 2. For nonresident qualifying patient applications, forty …

For a cardholder's first time losing a qualifying patient registry identification card or compassion center agent registry identification card, the department shall collect no fees for issuing a new registry identification card. For a cardholder's second and subsequent times losi…

1. An individual who is no longer registered with the department or a cardholder who is no longer eligible shall dispose of any usable marijuana in their possession by: a. Returning it to a dispensary; or b. Rendering it unusable in accordance with subsection 4 of section 33-44-0…

An initial registry identification card expires one year after the date of issuance, unless the health care provider's written certification identifies the benefit from the medical use of marijuana is less than a year. To prevent interruption of possession of a valid registry ide…

1. The department shall announce the open application period for the submission of compassion center applications. The announcement may be made using the department's website, electronic mail, press release, or any other means determined by the department. The announcement must i…

If the department determines additional compassion centers are necessary to increase access to usable marijuana by registered qualifying patients and registered designated caregivers, the department may register additional compassion centers as follows: 1. The application and sel…

The department may use the compassion center application and selection process in accordance with North Dakota Century Code chapter 19-24.1 and section 33-44-01-06 to register a manufacturing facility as a specific category of a medical marijuana establishment. A manufacturing fa…

The department shall collect nonrefundable application fees for compassion centers as follows: 1. For a manufacturing facility, three thousand dollars. 2. For a dispensary, two thousand dollars. History: Effective October 1, 2022; amended effective October 1, 2023. General Author…

The department shall collect certification fees for compassion center registrations as follows: 1. For a manufacturing facility, seventy-five thousand dollars. 2. For a dispensary, sixty thousand dollars. 3. For a production only authorized manufacturing facility, forty thousand …

The department shall collect an additional certification fee of five thousand dollars for every five hundred plants in excess of one thousand plants a manufacturing facility possesses. History: Effective October 1, 2023. General Authority: NDCC 19-24.1-15 Law Implemented: NDCC 19…

1. A manufacturing facility shall grow an amount of marijuana sufficient to meet the qualifying patient population demands. A manufacturing facility may possess up to fifty plants for the purpose of department-authorized research and development related to production and processi…

Except for minimum-risk pesticides identified in North Dakota Century Code section 4.1-34-10, the use of pesticides, as defined in North Dakota Century Code section 4.1-34-01, in the production, processing, or storage of marijuana is prohibited. Prior to using any minimum-risk pe…

All marijuana or usable marijuana inventory affected or contaminated, as defined by these rules, by pesticides must be disposed of in accordance with these rules, or as required by the department of agriculture. History: Effective April 1, 2018. General Authority: NDCC 19-24.1-23…

1. A compassion center operations manual must include: a. Procedures for the oversight of the compassion center, including documentation of the reporting and management structure of the compassion center. The procedures must include a business continuity plan. b. Procedures to en…

1. Except as provided in section 33-44-01-13, compassion center restricted access areas include: a. All areas containing marijuana, usable marijuana, and medical marijuana waste. b. All areas used for production and processing. 2. A compassion center shall use an electronic contr…

1. A dispensary may have a display area where usable marijuana is displayed in enclosed locked cases accessible only by compassion center agents. The purpose of the display area is to provide registered qualifying patients and registered designated caregivers the opportunity to v…

1. A dispensary may accept at no charge unused, excess, or contaminated usable marijuana for disposal. A dispensary shall maintain a written record of returned usable marijuana that includes: a. The name of the registered qualifying patient; b. The registered qualifying patient's…

1. All medical marijuana waste generated during production, processing, and testing, must be stored, managed, and disposed of in accordance with these rules. 2. All medical marijuana waste generated during production, processing, and testing must be evaluated against the state's …

Each compassion center shall establish a procedure for issuing voluntary and mandatory recalls for usable marijuana. 1. Factors that require a recall include: a. Defective or potentially defective usable marijuana. b. Usable marijuana that has failed laboratory testing in accorda…

1. To prevent unauthorized access to marijuana and usable marijuana, the compassion center shall have video surveillance equipment to deter the unauthorized entrance into restricted access areas. a. The compassion center shall operate, monitor, and maintain in good working order …

1. A compassion center shall install and maintain a professionally monitored security alarm system that provides intrusion and fire detection of all: a. Facility entrances and exits. b. Rooms with exterior windows. c. Rooms with exterior walls. d. Roof hatches. e. Skylights. 2. A…

1. The department shall maintain a computer information system for inventory control and registry identification card verification. 2. A compassion center inventory control system shall interface with the computer information system maintained by the department. All costs associa…

1. Each compassion center, prior to commencing business, shall: a. Conduct an initial inventory of all marijuana and usable marijuana at the compassion center. If a compassion center commences business with no marijuana or usable marijuana, the compassion center shall record the …

1. Personnel records maintained by the compassion center must include: a. Recruiting and screening documents, such as: (1) Application. (2) Resume. b. Job descriptions. c. Records relating to job offers, promotion, demotion, transfer, layoff, and education and training. d. Record…

1. Compassion centers and the laboratory shall contact 911 in the event of an emergency and contact law enforcement or 911 to report criminal activities. 2. Compassion centers and the laboratory shall provide the department with written notice, within twenty-four hours, of any of…

1. A dispensary may: a. Display its business name and logo on labels, signs, websites, and informational material provided to registered qualifying patients and registered designated caregivers. The name or logo may not include: (1) Images of marijuana or marijuana paraphernalia.…

A manufacturing facility may not use strain or brand names containing any words that refer to products commonly associated with minors, marketed to minors, or any names that are false or misleading. History: Effective April 1, 2018; amended effective October 1, 2019. General Auth…

A manufacturing facility must have a certificate of authenticity or similar documentation approved by the department for all ingredients used in formulating a medical cannabinoid product. A certificate of authenticity or similar documentation approved by the department must inclu…

1. A cannabinoid edible product must be marked, stamped, or otherwise imprinted with the letters "THC" or other marking approved by the department. 2. A cannabinoid edible product may not be covered or coated with sugar, candy, or a flavor enhancing ingredient. With written depar…

Usable marijuana packaging used by a manufacturing facility must be approved by the department. A manufacturing facility shall package all usable marijuana intended for distribution according to the following standards: 1. Usable marijuana containers must be: a. Plain and opaque.…

1. A manufacturing facility shall label all usable marijuana in accordance with the following before their sale or transfer to a dispensary: a. A container holding dried leaves and flowers must include the following information: (1) Manufacturers' business or trade name and regis…

1. All usable marijuana delivered to a dispensary from a manufacturing facility must meet the labeling requirements in section 33-44-01-26. 2. A dispensary shall affix a label to all usable marijuana distributed to registered qualifying patients and registered designated caregive…

All usable marijuana labels affixed by a compassion center must remain on the packaging. The department may revoke or suspend a cardholder's registry identification if the cardholder alters, obliterates, or destroys any label affixed to a usable marijuana package or container. Hi…

1. Transportation of marijuana, usable marijuana, and medical marijuana waste by a manufacturing facility is authorized as follows: a. A manufacturing facility may transport usable marijuana: 23 (1) From its manufacturing facility to a dispensary; (2) From its manufacturing facil…

1. Any compassion center or laboratory transporting marijuana, usable marijuana, or medical marijuana waste shall use a manifest system, approved by the department, to track transportation. The manifest must be in a vehicle transporting marijuana, usable marijuana, or medical mar…

The department, or a department designee, shall conduct inspections of compassion centers to ensure compliance with North Dakota Century Code chapter 19-24.1 and these rules. Compassion centers shall receive the results of an inspection in writing. Issues of noncompliance and con…

1. Upon request, a compassion center shall submit to the department a plan of correction addressing issues of noncompliance and concerns identified during an inspection. 26 2. A plan of correction must include: a. How the corrective action will be accomplished; b. What changes wi…

Data related to usable marijuana dispensed for a registered qualifying patient use must be submitted to the North Dakota prescription drug monitoring program. The department shall submit the data to the prescription drug monitoring program. History: Effective April 1, 2018. Gener…

1. Law enforcement shall notify the department within five business days, using a form developed by the department, if an individual who is not a registered cardholder is found in possession of usable marijuana dispensed pursuant to North Dakota Century Code chapter 19-24.1 or if…

1. Incidents involving overdose or adverse reaction related to the use of usable marijuana must be reported to the department. The department shall provide an electronic form for reporting incidents involving overdose or adverse reactions to the department. 2. Individuals require…

The department may contract with a laboratory or laboratories to conduct random quality sampling testing of a compassion center's marijuana and usable marijuana. The department shall procure the laboratory testing services in accordance with North Dakota Century Code chapter 54-4…

The activities of a department-awarded laboratory include providing laboratory services and related activities, including acquiring, possessing, storing, transferring, and transporting marijuana, usable marijuana, and medical marijuana waste in accordance with North Dakota Centur…

1. Each laboratory agent who performs activities in accordance with North Dakota Century Code chapter 19-24.1 and these rules shall obtain a registry identification card. 2. Upon initial award of a contract, the department shall provide the laboratory a registration form to compl…

An awarded laboratory is subject to random inspection by the department, or a department designee, to ensure compliance with North Dakota Century Code chapter 19-24.1 and these rules. History: Effective April 1, 2018. General Authority: NDCC 19-24.1-22 Law Implemented: NDCC 19-24…

1. A manufacturing facility shall have all usable marijuana tested in accordance with sections 33-44-01-42, 33-44-01-43, and 33-44-01-44 by a laboratory selected by the department as described in section 33-44-01-36. The manufacturing facility shall pay all costs of testing usabl…

1. A manufacturing facility shall provide a laboratory with the following information, at a minimum, prior to the laboratory taking samples: a. The name, address, and contact information of the manufacturing facility; b. Type of usable marijuana; c. Batch numbers to be tested; d.…