Title 19, Foods, Drugs, Oils, and Compounds

In lieu of the written certification required under section 19-24.1-03, an individual admitted into the hospice program as defined in chapter 23-17.4 may submit to the department a copy of the individual's medical records identifying a designation of being admitted into the hospi…

In lieu of the written certification required under section 19-24.1-03, a nonresident who holds a valid out-of-state medical marijuana card issued by the state in which the nonresident resides, may submit to the department a copy of the nonresident's out-of-state department- appr…

1. A designated caregiver is not eligible to purchase, assist in the use of, or possess usable marijuana under the medical marijuana program unless the designated caregiver has a valid registry identification card. 2. A designated caregiver application is complete and eligible fo…

The department may waive the requirement for a registered designated caregiver to obtain a criminal history record check under section 12-60-24 if the registered designated caregiver is solely assisting a registered qualifying patient whose debilitating medical condition is a ter…

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. 2. The verification methods used by the department on an application or renewal and accomp…

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 …

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 c…

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 …

1. A cardholder shall provide the department or the department's designee immediate access to any material and information necessary for determining eligibility and compliance with this chapter. 2. Failure of a cardholder to provide the department access to the material, or infor…

1. Within ten calendar days of the change, in a manner prescribed by the department, a registered qualifying patient or registered designated caregiver shall notify the department of any of the following: a. A change in the cardholder's name or address; b. Knowledge of a change t…

1. The contents of a registry identification card must include: a. The name of the cardholder; b. A designation as to whether the cardholder is a qualifying patient, designated caregiver, or compassion center agent; c. A designation as to whether a qualifying patient is a minor; …

1. A person may not process or produce or dispense usable marijuana or otherwise act as a compassion center in this state unless the person is registered as a compassion center. 2. Except as otherwise provided under this section, the department shall register no more than: a. Two…

1. The activities of a manufacturing facility are limited to producing and processing and to related activities, including acquiring, possessing, storing, transferring, and transporting marijuana and usable marijuana, for the sole purpose of selling usable marijuana to a dispensa…

1. The department shall establish forms for an application to be registered as a compassion center. For a compassion center registration application to be complete and eligible for review, the applicant shall submit to the department all of the following: a. A nonrefundable appli…

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 Dakot…

1. A compassion center registration certificate expires two years after issuance. A compassion center may submit a renewal application at any time beginning ninety calendar days before the expiration of the registration certificate. A compassion center shall submit a renewal appl…

1. Upon application of a compassion center to the department, a registration certificate of a compassion center may be amended to authorize a change in the authorized physical location of the compassion center, or to amend the ownership or organizational structure of the compassi…

1. Upon issuance of a compassion center registry certificate, the department shall issue a registry identification card to each qualified compassion center agent associated with the compassion center. 2. To qualify to be issued a registry identification card, each compassion cent…

1. The department may suspend or revoke a cardholder's registry identification card or a compassion center's registration certificate for a material misstatement by an applicant in an application or renewal. 2. The department may suspend or revoke a registry identification card o…

1. A cardholder or compassion center that fails to provide a notice as required under this chapter shall pay to the department a fee in an amount established by the department, not to exceed one hundred fifty dollars. 2. In addition to any other penalty applicable in law, a manuf…

1. A compassion center shall comply with the dispensing requirements of this section. 2. Design and security features of usable marijuana containers must be in accordance with rules adopted under this chapter. 3. A manufacturing facility or agent of the manufacturing facility may…

1. A compassion center is subject to random inspection by the department. During an inspection, the department may review the compassion center's records, including the compassion center's financial and dispensing records, which may track transactions according to registered qual…

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 te…

1. A manufacturing facility shall grow an amount of marijuana sufficient to meet the qualifying patient population demands. For every five hundred plants in excess of one thousand plants a manufacturing facility possesses, the manufacturing facility shall pay the department an ad…

1. A manufacturing facility may not manufacture a cannabinoid edible product unless the manufacturing facility has received the prior approval of the department. 2. A dispensary may not possess, market, or sell a cannabinoid edible product unless the dispensary has received the p…

1. In compliance with rules adopted under this chapter, a compassion center shall implement appropriate security and safety measures to deter and prevent the unauthorized entrance to areas containing marijuana and containing usable marijuana and to prevent the theft of marijuana …

1. A compassion center shall comply with the inventory control requirements provided under this section and rules adopted under this chapter. a. A manufacturing facility shall: (1) Employ a bar coding inventory control system to track batch, strain, and amounts of marijuana and u…

1. A compassion center shall maintain a current copy of the compassion center's operating manual that meets the requirements of rules adopted under this chapter. 2. A compassion center shall develop, implement, and maintain on the premises an onsite training curriculum or shall e…

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 agr…

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 sev…

1. Each compassion center shall maintain: a. In compliance with rules adopted under this chapter, a personnel record for each compassion center agent for a period of at least three years following termination of the individual's affiliation with the compassion center. The personn…

1. The department shall maintain a confidential list of cardholders and each cardholder's address, phone number, and registry identification number. 2. The department shall establish a secure verification system. The verification system must allow law enforcement personnel, healt…

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 ent…

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 constitu…

1. This chapter does not require: a. A government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of marijuana; b. A person in lawful possession of property to allow a guest, client, customer, or other visitor to posse…

1. A basic care facility, nursing facility, assisted living facility, adult day care facility, or adult foster care home licensed in the state may adopt reasonable restrictions on the medical use of marijuana by residents or individuals receiving inpatient services, including: a.…

1. The department shall adopt rules as necessary for the implementation and administration of this chapter, including transportation and storage of marijuana and usable marijuana, advertising, packaging and labeling, standards for testing facilities, inventory management, and acc…

1. Except as provided under subsection 2, information kept or maintained by the department is confidential, including information in a registration application or renewal and supporting information submitted by a qualifying patient, designated caregiver, compassion center, propos…

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 admini…