23.0476.02000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1202
of North Dakota
Introduced by
Representatives Vetter, Beltz, Cory, Dobervich, O'Brien, M. Ruby, Schneider, Steiner
Senators Hogan, Meyer, Rummel
1 A BILL for an Act to create and enact section 19-24.1-24.1 and a new subsection to section
2 19-24.1-36 of the North Dakota Century Code, relating to regulating edible medical marijuana
3 products; to amend and reenact section 19-24.1-01 of the North Dakota Century Code, relating
4 to definitions relating to medical marijuana products; and to declare an emergency.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 19-24.1-01 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 19-24.1-01. Definitions.
9 As used in this chapter, unless the context indicates otherwise:
10 1. "Advanced practice registered nurse" means an advanced practice registered nurse
11 defined under section 43-12.1-02.
12 2. "Allowable amount of usable marijuana" means the amount of usable marijuana a
13 registered qualifying patient or registered designated caregiver may purchase in a
14 thirty-day period under this chapter.
15 a. Except as provided under subdivision b:
16 (1) During a thirty-day period, a registered qualifying patient may not purchase
17 or have purchased by a registered designated caregiver more than two and
18 one-half ounces [70.87 grams] of dried leaves or flowers of the plant of
19 genus cannabis in a combustible delivery form.
20 (2) At any time, a registered qualifying patient, or a registered designated
21 caregiver on behalf of a registered qualifying patient, may not possess more
22 than three ounces [85.05 grams] of dried leaves or flowers of the plant of
23 the genus cannabis in a combustible delivery form.
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1 (3) At any time, a registered qualifying patient, or a registered designated
2 caregiver on behalf of a registered qualifying patient, may not possess more
3 than five hundred milligrams of an edible marijuana product.
4 b. Notwithstanding subdivision a, if a registered qualifying patient has a registry
5 identification card authorizing an enhanced allowable amount:
6 (1) During a thirty-day period, a registered qualifying patient may not purchase
7 or have purchased by a registered designated caregiver more than six
8 ounces [170.01 grams] of dried leaves or flowers of the plant of genus
9 cannabis in a combustible delivery form.
10 (2) At any time, a registered qualifying patient, or a registered designated
11 caregiver on behalf of a registered qualifying patient, may not possess more
12 than seven and one-half ounces [212.62 grams] of dried leaves or flowers of
13 the plant of the genus cannabis in a combustible delivery form.
14 (3) At any time, a registered qualifying patient, or registered designated
15 caregiver on behalf of a registered qualifying patient, may not possess more
16 than five hundred milligrams of an edible marijuana product.
17 c. A registered qualifying patient may not purchase or have purchased by a
18 registered designated caregiver more than the maximum concentration or
19 amount of tetrahydrocannabinol permitted in a thirty-day period. The maximum
20 concentration or amount of tetrahydrocannabinol permitted in a thirty-day period
21 for a cannabinoid concentrate or medical cannabinoid product, or the cumulative
22 total of both, is four thousand milligrams. At any given time, a registered
23 qualifying patient, or a registered designated caregiver on behalf of a registered
24 qualifying patient, may not purchase or possess more than three hundred
25 ten milligrams of tetrahydrocannabinol in the form of a cannabinoid edible
26 product.
27 3. "Bona fide provider-patient relationship" means a treatment or counseling relationship
28 between a health care provider and patient in which all the following are present:
29 a. The health care provider has reviewed the patient's relevant medical records and
30 completed a full assessment of the patient's medical history and current medical
31 condition, including a relevant, in-person, medical evaluation of the patient.
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1 b. The health care provider has created and maintained records of the patient's
2 condition in accordance with medically accepted standards.
3 c. The patient is under the health care provider's continued care for the debilitating
4 medical condition that qualifies the patient for the medical use of marijuana.
5 d. The health care provider has a reasonable expectation that provider will continue
6 to provide followup care to the patient to monitor the medical use of marijuana as
7 a treatment of the patient's debilitating medical condition.
8 e. The relationship is not for the sole purpose of providing written certification for the
9 medical use of marijuana.
10 4. "Cannabinoid" means a chemical compound that is one of the active constituents of
11 marijuana.
12 5. "Cannabinoid capsule" means a small, soluble container, usually made of gelatin,
13 which encloses a dose of a cannabinoid product or a cannabinoid concentrate
14 intended for consumption. The maximum concentration ofor amount of
15 tetrahydrocannabinol permitted in a serving of a cannabinoid capsule is fifty
16 milligrams.
17 6. "Cannabinoid concentrate" means a concentrate or extract obtained by separating
18 cannabinoids from marijuana by a mechanical, chemical, or other process.
19 7. "Cannabinoid edible product" means a food or potable liquidsoft or hard lozenge in a
20 geometric square shape into which a cannabinoid concentrate or the dried leaves or
21 flowers of the plant of the genus cannabis is incorporated.
22 a. The maximum concentration or amount of tetrahydrocannabinol permitted in a
23 serving of a cannabinoid edible product is ten milligrams.
24 b. The term does not include a soft or hard lozenge in a geometric square shape
25 into which a cannabinoid concentrate or the dried leaves or flowers of the plant of
26 the genus cannabis is incorporated if the form, packaging, or labeling is target
27 marketed to minors.
28 8. "Cannabinoid solution" means a solution consisting of a mixture created from
29 cannabinoid concentrate and other ingredients. A container holding a cannabinoid
30 solution for dispensing may not exceed thirty milliliters.
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1 9. "Cannabinoid topical" means a cannabinoid product intended to be applied to the skin
2 or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a
3 cannabinoid topical is six percent.
4 10. "Cannabinoid transdermal patch" means an adhesive substance applied to the skin
5 which contains a cannabinoid product or cannabinoid concentrate for absorption into
6 the bloodstream. The maximum concentration or amount of tetrahydrocannabinol
7 permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.
8 11. "Cardholder" means a qualifying patient, designated caregiver, or compassion center
9 agent who has been issued and possesses a valid registry identification card.
10 12. "Compassion center" means a manufacturing facility or dispensary.
11 13. "Compassion center agent" means a principal officer, board member, member,
12 manager, governor, employee, volunteer, or agent of a compassion center. The term
13 does not include a lawyer representing a compassion center in civil or criminal
14 litigation or in an adversarial administrative proceeding.
15 14. "Contaminated" means made impure or inferior by extraneous substances.
16 15. "Debilitating medical condition" means one of the following:
17 a. Cancer;
18 b. Positive status for human immunodeficiency virus;
19 c. Acquired immune deficiency syndrome;
20 d. Decompensated cirrhosis caused by hepatitis C;
21 e. Amyotrophic lateral sclerosis;
22 f. Posttraumatic stress disorder;
23 g. Agitation of Alzheimer's disease or related dementia;
24 h. Crohn's disease;
25 i. Fibromyalgia;
26 j. Spinal stenosis or chronic back pain, including neuropathy or damage to the
27 nervous tissue of the spinal cord with objective neurological indication of
28 intractable spasticity;
29 k. Glaucoma;
30 l. Epilepsy;
31 m. Anorexia nervosa;
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1 n. Bulimia nervosa;
2 o. Anxiety disorder;
3 p. Tourette syndrome;
4 q. Ehlers-Danlos syndrome;
5 r. Endometriosis;
6 s. Interstitial cystitis;
7 t. Neuropathy;
8 u. Migraine;
9 v. Rheumatoid arthritis;
10 w. Autism spectrum disorder;
11 x. A brain injury;
12 y. A terminal illness; or
13 z. A chronic or debilitating disease or medical condition or treatment for such
14 disease or medical condition that produces one or more of the following:
15 (1) Cachexia or wasting syndrome;
16 (2) Severe debilitating pain that has not responded to previously prescribed
17 medication or surgical measures for more than three months or for which
18 other treatment options produced serious side effects;
19 (3) Intractable nausea;
20 (4) Seizures; or
21 (5) Severe and persistent muscle spasms, including those characteristic of
22 multiple sclerosis.
23 16. "Department" means the department of health and human services.
24 17. "Designated caregiver" means an individual who agrees to manage the well-being of a
25 registered qualifying patient with respect to the qualifying patient's medical use of
26 marijuana.
27 18. "Dispensary" means an entity registered by the department as a compassion center
28 authorized to dispense usable marijuana to a registered qualifying patient and a
29 registered designated caregiver.
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1 19. "Enclosed, locked facility" means a closet, room, greenhouse, building, or other
2 enclosed area equipped with locks or other security devices that permit access limited
3 to individuals authorized under this chapter or rules adopted under this chapter.
4 20. "Health care provider" means a physician, a physician assistant, or an advanced
5 practice registered nurse.
6 21. "Manufacturing facility" means an entity registered by the department as a compassion
7 center authorized to produce and process and to sell usable marijuana to a
8 dispensary.
9 22. "Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant;
10 the resin extracted from any part of the plant; and every compound, manufacture, salt,
11 derivative, mixture, or preparation of the plant, the seeds of the plant, or the resin
12 extracted from any part of the plant. The term marijuana does not include:
13 a. Hemp as regulated under section 4.1-18.1-01; or
14 b. A prescription drug approved by the United States food and drug administration
15 under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].
16 23. "Maximum concentration or amount of tetrahydrocannabinol" means the total amount
17 of tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid
18 product or a cannabinoid concentrate.
19 24. "Medical cannabinoid product" means a product intended for human consumption or
20 use which contains cannabinoids.
21 a. Medical cannabinoid products are limited to the following forms:
22 (1) Cannabinoid solution;
23 (2) Cannabinoid capsule;
24 (3) Cannabinoid transdermal patch; and
25 (4) Cannabinoid topical; and
26 (5) Cannabinoid edible products.
27 b. "Medical cannabinoid product" does not include:
28 (1) A cannabinoid edible product;
29 (2) A cannabinoid concentrate by itself; or
30 (3)(2) The dried leaves or flowers of the plant of the genus cannabis by itself.
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1 25. "Medical marijuana product" means a cannabinoid concentrate or a medical
2 cannabinoid product.
3 26. "Medical marijuana waste" means unused, surplus, returned, or out-of-date usable
4 marijuana; recalled usable marijuana; unused marijuana; or plant debris of the plant of
5 the genus cannabis, including dead plants and all unused plant parts and roots.
6 27. "Medical use of marijuana" means the acquisition, use, and possession of usable
7 marijuana to treat or alleviate a qualifying patient's debilitating medical condition.
8 28. "Minor" means an individual under the age of nineteen.
9 29. "North Dakota identification" means a North Dakota driver's license or comparable
10 state of North Dakota or federal issued photo identification card verifying North Dakota
11 residence.
12 30. "Owner" means an individual or an organization with an ownership interest in a
13 compassion center.
14 31. "Ownership interest" means an aggregate ownership interest of five percent or more in
15 a compassion center, unless the interest is solely a security, lien, or encumbrance, or
16 an individual who will be participating in the direction, control, or management of the
17 compassion center.
18 32. "Pediatric medical marijuana" means a medical marijuana product containing
19 cannabidiol which may not contain a maximum concentration or amount of
20 tetrahydrocannabinol of more than six percent.
21 33. "Physician" means a physician licensed under chapter 43-17 to practice medicine in
22 the state of North Dakota.
23 34. "Physician assistant" means an individual licensed under chapter 43-17 to practice as
24 a physician assistant in the state.
25 35. "Posttraumatic stress disorder" means a patient meets the diagnostic criteria for
26 posttraumatic stress disorder under the "Diagnostic and Statistical Manual of Mental
27 Disorders", American psychiatric association, fifth edition, text revision (2013).
28 36. "Processing" or "process" means the compounding or conversion of marijuana into a
29 medical marijuana product.
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1 37. "Producing", "produce", or "production" mean the planting, cultivating, growing,
2 trimming, or harvesting of the plant of the genus cannabis or the drying of the leaves
3 or flowers of the plant of the genus cannabis.
4 38. "Qualifying patient" means an individual who has been diagnosed by a health care
5 provider as having a debilitating medical condition.
6 39. "Registry identification card" means a document issued by the department which
7 identifies an individual as a registered qualifying patient, registered designated
8 caregiver, or registered compassion center agent.
9 40. "Substantial corporate change" means:
10 a. For a corporation, a change of ten percent or more of the officers or directors, or
11 a transfer of ten percent or more of the stock of the corporation, or an existing
12 stockholder obtaining ten percent or more of the stock of the corporation;
13 b. For a limited liability company, a change of ten percent or more of the managing
14 members of the company, or a transfer of ten percent or more of the ownership
15 interest in the company, or an existing member obtaining a cumulative of ten
16 percent or more of the