25.0503.01000
Sixty-ninth
Legislative Assembly HOUSE BILL NO. 1203
of North Dakota
Introduced by
Representatives Vetter, Dobervich, M. Ruby, Steiner, Frelich, Christianson, Christy, Bahl
Senators Cory, Meyer
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; and to amend and reenact section 19-24.1-01 of the North Dakota Century Code,
4 relating to definitions of medical marijuana products.
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. "Agent" means an individual who is authorized to act for, in place of, or on behalf of a
13 compassion center.
14 3. "Allowable amount of usable marijuana" means the amount of usable marijuana a
15 registered qualifying patient or registered designated caregiver may purchase in a
16 thirty-day period under this chapter.
17 a. Except as provided under subdivision b:
18 (1) During a thirty-day period, a registered qualifying patient may not purchase
19 or have purchased by a registered designated caregiver more than two and
20 one-half ounces [70.87 grams] of dried leaves or flowers of the plant of the
21 genus cannabis in a combustible delivery form.
22 (2) At any time a registered qualifying patient, or a registered designated
23 caregiver on behalf of a registered qualifying patient, may not possess more
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1 than three ounces [85.05 grams] of dried leaves or flowers of the plant of
2 the genus cannabis in a combustible delivery form.
3 (3) At any time, a registered qualifying patient, or a registered designated
4 caregiver on behalf of a registered qualifying patient, may not possess more
5 than five hundred milligrams of an edible marijuana product.
6 b. Notwithstanding subdivision a, if a registered qualifying patient has a registry
7 identification card authorizing an enhanced allowable amount:
8 (1) During a thirty-day period a registered qualifying patient may not purchase
9 or have purchased by a registered designated caregiver more than six
10 ounces [170.01 grams] of dried leaves or flowers of the plant of genus
11 cannabis in a combustible delivery form.
12 (2) At any time a registered qualifying patient, or a registered designated
13 caregiver on behalf of a registered qualifying patient, may not possess more
14 than seven and one-half ounces [212.62 grams] of dried leaves or flowers of
15 the plant of the genus cannabis in a combustible delivery form.
16 (3) At any time, a registered qualifying patient, or a registered designated
17 caregiver on behalf of a registered qualifying patient, may not possess more
18 than five hundred milligrams of an edible marijuana product.
19 c. A registered qualifying patient may not purchase or have purchased by a
20 registered designated caregiver more than the maximum concentration or
21 amount of tetrahydrocannabinol permitted in a thirty-day period. The maximum
22 concentration or amount of tetrahydrocannabinol permitted in a thirty-day period
23 for a cannabinoid concentrate or medical cannabinoid product, or the cumulative
24 total of both, is six thousand milligrams. At any time, a registered qualifying
25 patient, or a registered designated caregiver on behalf of a registered qualifying
26 patient, may not purchase or possess more than three hundred ten milligrams of
27 tetrahydrocannabinol in the form of a cannabinoid edible product.
28 4. "Bona fide provider-patient relationship" means a treatment or counseling relationship
29 between a health care provider and patient in which all the following are present:
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1 a. The health care provider has reviewed the patient's relevant medical records and
2 completed a full assessment of the patient's medical history and current medical
3 condition, including a relevant, in-person, medical evaluation of the patient.
4 b. The health care provider has created and maintained records of the patient's
5 condition in accordance with medically accepted standards.
6 c. The patient is under the health care provider's continued care for the debilitating
7 medical condition that qualifies the patient for the medical use of marijuana.
8 d. The health care provider has a reasonable expectation that provider will continue
9 to provide followup care to the patient to monitor the medical use of marijuana as
10 a treatment of the patient's debilitating medical condition.
11 e. The relationship is not for the sole purpose of providing written certification for the
12 medical use of marijuana.
13 5. "Cannabinoid" means a chemical compound that is one of the active constituents of
14 marijuana.
15 6. "Cannabinoid capsule" means a small, soluble container, usually made of gelatin,
16 which encloses a dose of a cannabinoid product or a cannabinoid concentrate
17 intended for consumption. The maximum concentration of amount of
18 tetrahydrocannabinol permitted in a serving of a cannabinoid capsule is fifty
19 milligrams.
20 7. "Cannabinoid concentrate" means a concentrate or extract obtained by separating
21 cannabinoids from marijuana by a mechanical, chemical, or other process.
22 8. "Cannabinoid edible product" means a food or potable liquidsoft or hard lozenge in a
23 geometric square shape into which a cannabinoid concentrate or the dried leaves or
24 flowers of the plant of the genus cannabis is incorporated.
25 a. The maximum concentration or amount of tetrahydrocannabinol permitted in a
26 serving of a cannabinoid edible product is ten milligrams.
27 b. The term does not include a hard or soft lozenge in a geometric square shape
28 into which a cannabinoid concentrate or the dried leaves or flowers of the plant of
29 the genus cannabis is incorporated if the form, packaging, or labeling is target
30 marketed to minors.
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1 9. "Cannabinoid solution" means a solution consisting of a mixture created from
2 cannabinoid concentrate and other ingredients. A container holding a cannabinoid
3 solution for dispensing may not exceed thirty milliliters.
4 10. "Cannabinoid topical" means a cannabinoid product intended to be applied to the skin
5 or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a
6 cannabinoid topical is six percent.
7 11. "Cannabinoid transdermal patch" means an adhesive substance applied to the skin
8 which contains a cannabinoid product or cannabinoid concentrate for absorption into
9 the bloodstream. The maximum concentration or amount of tetrahydrocannabinol
10 permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.
11 12. "Cardholder" means a qualifying patient, designated caregiver, or compassion center
12 agent who has been issued and possesses a valid registry identification card.
13 13. "Compassion center" means a manufacturing facility or dispensary.
14 14. "Compassion center agent" means a principal officer, board member, member,
15 manager, governor, employee, volunteer, or agent of a compassion center. The term
16 does not include a lawyer representing a compassion center in civil or criminal
17 litigation or in an adversarial administrative proceeding.
18 15. "Contaminated" means made impure or inferior by extraneous substances.
19 16. "Debilitating medical condition" means one of the following:
20 a. Cancer;
21 b. Positive status for human immunodeficiency virus;
22 c. Acquired immune deficiency syndrome;
23 d. Decompensated cirrhosis caused by hepatitis C;
24 e. Amyotrophic lateral sclerosis;
25 f. Posttraumatic stress disorder;
26 g. Agitation of Alzheimer's disease or related dementia;
27 h. Crohn's disease;
28 i. Fibromyalgia;
29 j. Spinal stenosis or chronic back pain, including neuropathy or damage to the
30 nervous tissue of the spinal cord with objective neurological indication of
31 intractable spasticity;
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1 k. Glaucoma;
2 l. Epilepsy;
3 m. Anorexia nervosa;
4 n. Bulimia nervosa;
5 o. Anxiety disorder;
6 p. Tourette syndrome;
7 q. Ehlers-Danlos syndrome;
8 r. Endometriosis;
9 s. Interstitial cystitis;
10 t. Neuropathy;
11 u. Migraine;
12 v. Rheumatoid arthritis;
13 w. Autism spectrum disorder;
14 x. A brain injury;
15 y. A terminal illness; or
16 z. A chronic or debilitating disease or medical condition or treatment for such
17 disease or medical condition that produces one or more of the following:
18 (1) Cachexia or wasting syndrome;
19 (2) Severe debilitating pain that has not responded to previously prescribed
20 medication or surgical measures for more than three months or for which
21 other treatment options produced serious side effects;
22 (3) Intractable nausea;
23 (4) Seizures; or
24 (5) Severe and persistent muscle spasms, including those characteristic of
25 multiple sclerosis.
26 17. "Department" means the department of health and human services.
27 18. "Designated caregiver" means an individual who agrees to manage the well-being of a
28 registered qualifying patient with respect to the qualifying patient's medical use of
29 marijuana.
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1 19. "Dispensary" means an entity registered by the department as a compassion center
2 authorized to dispense usable marijuana to a registered qualifying patient and a
3 registered designated caregiver.
4 20. "Enclosed, locked facility" means a closet, room, greenhouse, building, or other
5 enclosed area equipped with locks or other security devices that permit access limited
6 to individuals authorized under this chapter or rules adopted under this chapter.
7 21. "Health care provider" means a physician, a physician assistant, or an advanced
8 practice registered nurse.
9 22. "Manager'' means an individual who administers or supervises the day-to-day
10 operations and affairs of a compassion center.
11 23. "Manufacturing facility" means an entity registered by the department as a compassion
12 center authorized to produce and process and to sell usable marijuana to a
13 dispensary.
14 24. "Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant;
15 the resin extracted from any part of the plant; and every compound, manufacture, salt,
16 derivative, mixture, or preparation of the plant, the seeds of the plant, or the resin
17 extracted from any part of the plant. The term marijuana does not include:
18 a. Hemp as regulated under section 4.1-18.1-01; or
19 b. A prescription drug approved by the United States food and drug administration
20 under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].
21 25. "Maximum concentration or amount of tetrahydrocannabinol" means the total amount
22 of tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid
23 product or a cannabinoid concentrate.
24 26. "Medical cannabinoid product" means a product intended for human consumption or
25 use which contains cannabinoids.
26 a. Medical cannabinoid products are limited to the following forms:
27 (1) Cannabinoid solution;
28 (2) Cannabinoid capsule;
29 (3) Cannabinoid transdermal patch; and
30 (4) Cannabinoid topical; and
31 (5) Cannabinoid edible products.
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1 b. "Medical cannabinoid product" does not include:
2 (1) A cannabinoid edible product;
3 (2) A cannabinoid concentrate by itself; or
4 (3)(2) The dried leaves or flowers of the plant of the genus cannabis by itself.
5 27. "Medical marijuana product" means a cannabinoid concentrate or a medical
6 cannabinoid product.
7 28. "Medical marijuana waste" means unused, surplus, returned, or out-of-date usable
8 marijuana; recalled usable marijuana; unused marijuana; or plant debris of the plant of
9 the genus cannabis, including dead plants and all unused plant parts and roots.
10 29. "Medical use of marijuana" means the acquisition, use, and possession of usable
11 marijuana to treat or alleviate a qualifying patient's debilitating medical condition.
12 30. "Member" means an individual who has a ten percent or more ownership interest in
13 the compassion center limited liability company, limited liability partnership, or
14 partnership.
15 31. "Minor" means an individual under the age of nineteen.
16 32. "North Dakota identification" means a North Dakota driver's license or comparable
17 state of North Dakota or federal issued photo identification card verifying North Dakota
18 residence.
19 33. "Owner" means an individual or an organization with an ownership interest in a
20 compassion center.
21 34. "Ownership interest" means an aggregate ownership interest of five percent or more in
22 a compassion center, unless the interest is solely a security, lien, or encumbrance, or
23 an individual who will be participating in the direction, control, or management of the
24 compassion center.
25 35. "Pediatric medical marijuana" means a medical marijuana product containing
26 cannabidiol which may not contain a maximum concentration or amount of
27 tetrahydrocannabinol of more than six percent.
28 36. "Physician" means a physician licensed under chapter 43-17 to practice medicine in
29 the state of North Dakota.
30 37. "Physician assistant" means an individual licensed under chapter 43-17 to practice as
31 a physician assistant in the state.
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1 38. "Posttraumatic stress disorder" means a patient meets the diagnostic criteria for
2 posttraumatic stress disorder under the "Diagnostic and Statistical Manual of Mental
3 Disorders", American psychiatric association, fifth edition, text revision (2013).
4 39. "Processing" or "process" means the compounding or conversion of marijuana into a
5 medical marijuana product.
6 40. "Producing", "produce", or "production" mean the planting, cultivating, growing,
7 trimming, or harvesting of the plant of the genus cannabis or the drying of the leaves
8 or flowers of the plant of the genus cannabis.
9 41. "Qualifying patient" means an individual who has been diagnosed by a health care
10 provider as having a debilitating medical condition.
11 42. "Registry identification card" means a document issued by the department which
12 identifies an individual as a registered qualifying patient, registered designated
13 caregiver, or registered compassion center agent.
14 43. "Substantial corporate change" means:
15 a. For a corporation, a change of ten percent or more of the officers or directors, or
16 a transfer of ten percent or more of the stock of the corporation, or an existing
17