23.8038.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2078
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Health and Human Services)
1 A BILL for an Act to amend and reenact subsection 12 of section 19-24.1-05, subsection 4 of
2 section 19-24.1-09, subsection 4 of section 19-24.1-18, and subsection 4 of section 19-24.1-19
3 of the North Dakota Century Code, relating to the appeals process for a medical marijuana
4 registry identification card for qualified patients and designated caregivers, referral of credible
5 criminal complaints, and the appeals process for a compassion center agent or compassion
6 center.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Subsection 12 of section 19-24.1-05 of the North Dakota
9 Century Code is amended and reenacted as follows:
10 12. The cardholder may appeal a denial or revocation of a registry identification card,
11 within thirty days after notice has been given, to the district court of Burleigh County
12 for hearing. The court may authorize the cardholder to appear by reliable electronic
13 means.
14 SECTION 2. AMENDMENT. Subsection 4 of section 19-24.1-09 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 4. The department shallmay refer credible criminal complaints against a cardholder to
17 appropriate state or local law enforcement authorities.
18 SECTION 3. AMENDMENT. Subsection 4 of section 19-24.1-18 of the North Dakota
19 Century Code is amended and reenacted as follows:
20 4. The department shall notify the compassion center in writing of the purpose for
21 denying a compassion center agent application for a registry identification card. The
22 department shall deny an application if the applicant fails to meet the registration
23 requirements or to provide the information required, if the applicant previously had a
24 registry identification card revoked, or if the department determines the information
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Legislative Assembly
1 provided is false. The cardholder may appeal a denial or revocation of a registry
2 identification card, within thirty days after notice has been given, to the district court of
3 Burleigh County for hearing. The court may authorize the cardholder to appear by
4 reliable electronic means.
5 SECTION 4. AMENDMENT. Subsection 4 of section 19-24.1-19 of the North Dakota
6 Century Code is amended and reenacted as follows:
7 4. The department shall provide written notice of suspension or revocation of a registry
8 identification card or registration certificate.
9 a. A suspension may not be for a period longer than six months.
10 b. A manufacturing facility may continue to produce and process and to possess
11 marijuana and usable marijuana during a suspension, but may not transfer or sell
12 usable marijuana.
13 c. A dispensary may continue to possess usable marijuana during a suspension,
14 but may not purchase, dispense, or transfer usable marijuana.
15 d. The cardholder or the compassion center may appeal a denial or revocation of a
16 registry identification card or registry certificate, within thirty days after notice has
17 been given, to the district court of Burleigh County for hearing. The court may
18 authorize the cardholder or compassion center to appear by reliable electronic
19 means.
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Statutes affected:
INTRODUCED: 19-24.1-05, 19-24.1-09, 19-24.1-18, 19-24.1-19
Enrollment: 19-24.1-05, 19-24.1-09, 19-24.1-18, 19-24.1-19