Title 34 — PUBLIC HEALTH AND SAFETY

The board may charge a fee of ten dollars to any individual who requests information from the central repository pursuant to subdivision 34-20E-7(2). The board may charge a fee of one hundred dollars to any person who requests information from the central repository pursuant to s…

The board shall maintain a record of each request for information from the central repository. The board may use the records to document and report statistics and outcomes. The board may provide records of the requests for information to: (1) Any board or regulatory agency respon…

For purposes of this chapter, a retailer is any person who sells merchandise at retail. Source: SL 2012, ch 185 , § 1, eff. Mar. 2, 2012.

For purposes of this chapter, loose leaf incense includes loose potpourri, loose herbal incense, herbal smoking blends, or similar dried, leafy substances sold or marketed, directly or indirectly, as a relaxation, smoking, or herbal enhancement product. Herbal dietary supplements…

No retailer may sell, in a single transaction, one quarter of a gram or more of loose leaf incense. Any person who sells loose leaf incense in violation of this section is guilty of a Class 1 misdemeanor. Source: SL 2012, ch 185 , § 2, eff. Mar. 2, 2012.

No retailer may willfully and knowingly supply, deliver, give possession, or sell any amount of loose leaf incense to a person under twenty-one years of age. A violation of this is a Class 1 misdemeanor. Source: SL 2012, ch 185 , § 3, eff. Mar. 2, 2012.

Any retailer who offers loose leaf incense for sale shall display and offer the product for sale behind the counter or in a locked case so that a customer wanting access to the product must ask a store employee for assistance. A violation of this section is a Class 1 misdemeanor.…

If offering for sale loose leaf incense, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, the term, identification, means a document issued by a governmental agency whi…

No manufacturer, distributor, or retailer may advertise to the public, directly or indirectly, that loose leaf incense can be ingested. A violation of this section is a Class 1 misdemeanor. Source: SL 2012, ch 185 , § 6, eff. Mar. 2, 2012.

A retailer shall label each package of loose leaf incense sold in this state with a warning label that reads as follows: "This product is not meant to be ingested. The side effects of ingesting this product are unknown." A violation of this section is a Class 1 misdemeanor. Sourc…

A retailer shall ensure that each package of loose leaf incense sold is labeled with each ingredient present in the product, including all chemicals and additives. Source: SL 2012, ch 185 , § 9, eff. Mar. 2, 2012.

Terms used in this chapter mean: (1) "Allowable amount of cannabis,": (a) Three ounces of cannabis or less; (b) The quantity of cannabis products as established by rules promulgated by the department under § 34-20G-72 ; (c) If the cardholder has a registry identification card all…

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134 , § 3.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134 , § 4.

A cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction may sell or donate cannabis seeds to a cultivation facility in this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, …

Any cannabis, cannabis product, cannabis paraphernalia, or other interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis as allowed under this chapter, or acts incidental to such use, may not be seized or forfeited. This c…

Possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise s…

For the purposes of state law, an activity related to medical cannabis is lawful as long as it is conducted in accordance with this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134 , § 5.

No contract entered into by a cardholder, a medical cannabis establishment, or medical cannabis establishment agent, or by a person who allows property to be used for an activity that is exempt from state criminal penalties by this chapter is unenforceable on the basis that activ…

This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct: (1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or pro…

A cardholder may not be refused enrollment by a school or a lease by a landlord, or otherwise be penalized by a school or landlord solely for the person's status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school or landlord to l…

For the purposes of medical care, including organ and tissue transplants, a registered qualifying patient's use of cannabis in accordance with this chapter is considered the equivalent of the authorized use of any other medication used at the discretion of a practitioner and does…

No person may be denied custody of, visitation rights with, or parenting time with a minor solely because the person is a cardholder. There is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasona…

Except as otherwise provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose must be afforded the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as i…

The rights provided by §§ 34-20G-19 to 34-20G-25 , inclusive, do not apply to the extent that they conflict with an employer's obligations under federal law or regulation or to the extent that they would disqualify an employer from a monetary or licensing-related benefit under fe…

No employer is required to allow the ingestion, possession, transfer, display, or transportation of cannabis in any workplace or to allow any employee to work while under the influence of cannabis. No employer is prohibited from establishing and enforcing a drug-free workplace po…

No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

A health care facility, as defined in § 34-12-1.1 , an accredited prevention or treatment facility, as defined in § 34-20A-2 , a mental health center, as defined in § 27A-1-1 , a child welfare agency, as defined in § 26-6-1 , or a community support provider or community services …

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 122 , § 2.

Nothing in this chapter requires: (1) A government medical assistance program or private health insurer, workers' compensation insurance carrier, or self-insured employer providing workers' compensation benefits, to reimburse a person for costs associated with the medical use of …

Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

Each application for a registry identification card and each application for a card renewal must include a notice that: (1) The Gun Control Act of 1968, 18 U.S.C. § 922 (January 1, 2024), prohibits any person who is an unlawful user of or addicted to any controlled substance, as …

The department shall issue a registry identification card to a qualifying patient who submits the following, in accordance with rules promulgated by the department: (1) A written certification issued by a practitioner within ninety days immediately preceding the date of an applic…

No nonresident cardholder is subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a business or occupational or professional licensing board or entity, for transporting, purchasing, possessin…

If the qualifying patient is unable to submit the information required by § 34-20G-29 due to the person's age or medical condition, the person responsible for making medical decisions for the qualifying patient may do so on behalf of the qualifying patient. Source: Initiated Meas…

Except as provided in § 34-20G-32 , the department shall: (1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within fifteen days of receiving a completed application or renewal applica…

The department may conduct a background check of a designated caregiver in order to carry out the provisions of §

The department may not issue a registry identification card to a qualifying patient who is younger than eighteen years of age unless: (1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the custodial parent or…

The department may deny an application or renewal of a qualifying patient’s registry identification card only if the applicant: (1) Does not provide the required information, fee, or materials; (2) Does not meet the requirement to obtain a registry identification card as defined …

The department may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if: (l) The designated caregiver does not meet the requirements of a designated caregiver as defined in § 34-20G-l; (2) …

The department shall give written notice to the qualifying patient of the reason for: (1) Denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver; or (2) Revoking the registry identification card of the qualifying patie…

Denial of an application or renewal under § 34-20G-34 or 34-20G-35 is considered a final department action, subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128 , § 1.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128 , 2.

There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of cannabis in accordance with this chapter if the cardholder is in possession of a registry identification card and an amount of cannabis that does not exceed the allowable amo…

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128 , § 3.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128 , § 4.

A registry identification card shall contain all of the following: (1) The name of the cardholder; (2) A designation of whether the cardholder is a qualifying patient or a designated caregiver; (3) The date of issuance and expiration date of the registry identification card; (4) …

The registry identification card of a qualifying patient and designated caregiver, if any, expires on the date noted by the practitioner in the qualifying patient's written certification, not to exceed one year after the date of issue. Source: Initiated Measure No. 26, approved N…