TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION
§ 53008. Powers and Duties of the Commission. The Cannabis Commission has the powers and duties specified in this chapter, and also the powers necessary or proper to enable it to carry out fully and effectually all the purposes of this chapter. The jurisdiction, supervision, powers, and duties of the Commission extend to any person who buys, sells, produces, processes, transports, or delivers any marijuana items within this Commonwealth. The Commission shall have all the powers and authority necessary to carry out the purposes of this chapter, including, without limitation, the responsibility: (a) To conduct hearings pertaining to the violation of this chapter or regulations promulgated hereto; including hearings for the purpose of approving marijuana or hemp licenses and other business allowed under this chapter. (b) To promulgate such rules and regulations, as may be necessary to fulfill the intent, policies, and purposes of this chapter. The Commission may use such rules and regulations to interpret, enlarge upon, except provisions defining the authority and powers of the Commission, or define, or any provision of this chapter to the extent that such provision is not specifically defined by this chapter.* The rules and regulations shall, at a minimum, provide for the following: (1) A code of ethics for the members of the Commission and its officers and employees. (2) Supervision, monitoring, and investigation or other means to ensure the suitability and compliance with the legal, statutory, and contractual obligations of owners, operators, and employees of marijuana or hemp businesses and other persons licensed under this chapter. (3) The examination, supervision, and monitoring of the continuing fiscal and financial capability and transactions of marijuana or hemp business owners, operators, concessionaires and other parties with any direct relation to the marijuana or hemp business operators and to protect the public in the event that such capability is significantly diminished. (4) To collaborate in the definition, coordination, and execution of the social, environmental, and economic policies for the operations of the marijuana and hemp businesses. (5) To authorize and certify all the equipment, facilities, and tools or utensils used by the operations of marijuana or hemp businesses. (6) To issue licenses for marijuana and hemp businesses and other authorized activities under this chapter. (7) To examine, supervise, and monitor the eligibility of all authorized and licensed marijuana and hemp businesses or activities authorized under this chapter; including their partners and principal employees. (8) To investigate and penalize any administrative infractions practiced according to the appropriate substantial and procedural legislations.
TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION
(9) To ensure that the relationship of the licensed marijuana and hemp business and individuals or entities authorized for personal or medicinal use of marijuana with the government and the public is in compliance with the Commission’s regulations and provides the highest interest to the Commonwealth. (10) The exclusion and removal of undesirable persons from the marijuana and hemp businesses. (11) Civil penalties for the violation of provisions or regulations imposed under this chapter. (12) Penalties for the late payment of applicable fines or fees. (c) To levy fines and penalties for the violation of provisions of this chapter and the regulations promulgated by the Commission. (d) To require and demand access to and inspect, examine, photocopy, and audit all papers, books and records of the license marijuana and hemp businesses on its premises or elsewhere as practical, including inspecting the gross income produced by the marijuana and hemp businesses and verification of their income, and all other matters affecting the enforcement of the Commission’s policy or as required pursuant to this chapter. (e) For the types of licenses or permits to be covered by the marijuana and hemp license and their structure. (f) To regulate the purchase, sale, production, processing, transportation, and delivery of marijuana items in accordance with the provisions of this chapter. (g) To grant, refuse, suspend, or cancel licenses for the sale, processing, or production of marijuana items, or other licenses in regard to marijuana items, and to permit, in its discretion, the transfer of a license of any person. (h) To investigate and aid in the prosecution of every violation of Commonwealth statutes relating to marijuana items, and cooperate in the prosecution of offenders before the Superior Court for the Commonwealth of the Northern Mariana Islands. (i) To adopt such regulations as are necessary and feasible for carrying out the intent and provisions of this chapter and to amend or repeal such regulations. When such regulations are adopted they shall have the full force and effect of law. (j) To exercise all powers incidental, convenient, or necessary to enable it to administer or carry out any of the provisions of this chapter. (k) To regulate and prohibit any advertising by manufacturers, processors, wholesalers, or retailers of marijuana items by the medium of newspapers, letters, billboards, radio or otherwise. (l) To regulate the use of marijuana items for scientific, pharmaceutical, manufacturing, mechanical, industrial and other purposes. (m) To adopt separate regulations as are necessary and feasible for the development of a medical marijuana program. (n) To adopt separate regulations as are necessary and feasible for the development of a hemp program for strains of cannabis that do not exceed three
TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION
tenths percent (0.3%) on a dry weight basis of any part of the plant cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of moisture content. (o) To conduct an annual summit with the Commonwealth Healthcare Corporation, the Department of Public Safety, the Department of Lands and Natural Resources, and other stakeholders in the government and private sectors to discuss the regulation of cannabis in the Commonwealth. (p) The Commission shall prescribe forms and adopt such rules and regulations as the Commission deems necessary for the implementation and administration of this chapter within 180 days after the Commission’s organizational meeting. (q) The Commission has no power to purchase, own, sell, or possess any marijuana items. * So in original. Source: PL 20-66 § 2(108) (Sept. 21, 2018), modified; amended by PL 2105, § 2(B) (Aug. 21, 2019). Commission Comment: In codifying PL 20-66, the Commission changed “Act” and “act” to “chapter” pursuant to 1 CMC § 3806(g). The Commission inserted a comma after “powers” in the leading paragraph; after “policies” in (b); after “monitoring” and “statutory” in (b)(2); after “supervision” in (b)(3); after “coordination” and “environmental” in (b)(4); after “supervise” in (b)(7); after “suspend” in (h); and after “convenient” in (k) pursuant to 1 CMC § 3806(g). The Commission changed “businesses” to “business” in (b)(3); struck the comma after “fines” in (b)(12); and changed “regulation” to “regulations” in (c) pursuant to 1 CMC § 3806(g). The Commission changed the capitalization of “commission’s” in (q) pursuant to 1 CMC § 3806(f).