19.0532.02000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1364
of North Dakota
Introduced by
Representatives Dobervich, Becker, Blum, Boschee, Eidson, Kading, Mock, Vetter
Senators Bakke, Heckaman, Piepkorn
1 A BILL for an Act to amend and reenact section 19-24.1-01 of the North Dakota Century Code,
2 relating to edible medical marijuana products.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 19-24.1-01 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 19-24.1-01. Definitions.
7 As used in this chapter, unless the context indicates otherwise:
8 1. "Advanced practice registered nurse" means an advanced practice registered nurse
9 defined under section 43-12.1-02.
10 2. "Allowable amount of usable marijuana" means the amount of usable marijuana a
11 registered qualifying patient or registered designated caregiver may purchase in a
12 thirty-day period under this chapter.
13 a. During a thirty-day period, a registered qualifying patient may not purchase or
14 have purchased by a registered designated caregiver more than two and one-half
15 ounces [70.87 grams] of dried leaves or flowers of the plant of genus cannabis in
16 a combustible delivery form. At any time a registered qualifying patient, or a
17 registered designated caregiver on behalf of a registered qualifying patient, may
18 not possess more than three ounces [85.05 grams] of dried leaves or flowers of
19 the plant of the genus cannabis in a combustible delivery form.
20 b. A registered qualifying patient may not purchase or have purchased by a
21 registered designated caregiver more than the maximum concentration or
22 amount of tetrahydrocannabinol permitted in a thirty-day period. The maximum
23 concentration or amount of tetrahydrocannabinol permitted in a thirty-day period
24 for a cannabinoid concentrate or medical cannabinoid product, or the cumulative
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1 total of both, is two thousand milligrams. At any given time a registered qualifying
2 patient, or a registered designated caregiver on behalf of a registered qualifying
3 patent, may not possess more than fifty milligrams of a cannabinoid edible
4 product.
5 3. "Bona fide provider-patient relationship" means a treatment or counseling relationship
6 between a health care provider and patient in which all the following are present:
7 a. The health care provider has reviewed the patient's relevant medical records and
8 completed a full assessment of the patient's medical history and current medical
9 condition, including a relevant, in-person, medical evaluation of the patient.
10 b. The health care provider has created and maintained records of the patient's
11 condition in accordance with medically accepted standards.
12 c. The patient is under the health care provider's continued care for the debilitating
13 medical condition that qualifies the patient for the medical use of marijuana.
14 d. The health care provider has a reasonable expectation that provider will continue
15 to provide followup care to the patient to monitor the medical use of marijuana as
16 a treatment of the patient's debilitating medical condition.
17 e. The relationship is not for the sole purpose of providing written certification for the
18 medical use of marijuana.
19 4. "Cannabinoid" means a chemical compound that is one of the active constituents of
20 marijuana.
21 5. "Cannabinoid capsule" means a small, soluble container, usually made of gelatin,
22 which encloses a dose of a cannabinoid product or a cannabinoid concentrate
23 intended for consumption. The maximum concentration ofor amount of
24 tetrahhydrocannabinol permitted in a serving of a cannabinoid capsule is fifty
25 milligrams.
26 6. "Cannabinoid concentrate" means a concentrate or extract obtained by separating
27 cannabinoids from marijuana by a mechanical, chemical, or other process.
28 7. "Cannabinoid edible product" means a food or potable liquid into which a cannabinoid
29 concentrate or the dried leaves or flowers of the plant of the genus cannabis is
30 incorporated.
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1 a. The maximum concentration or amount of tetrahydrocannabinol permitted in a
2 serving of a cannabinoid edible product is five milligrams. Regardless of the
3 concentration or amount of tetrahydrocannabinol in a serving of a cannabinoid
4 edible product, the maximum number of servings in a package may not exceed
5 ten.
6 b. The term does not include a food or potable liquid into which a cannabinoid
7 concentrate or the dried leaves or flowers of the plant of the genus cannabis is
8 incorporated if:
9 (1) The food or liquid is in a fruit, animal, or cartoon character shape or image
10 or in a shape or image used to target market to minors; or
11 (2) The food or liquid packaging includes an image of fruit, an animal, or a
12 cartoon character or includes an image used to target market to minors.
13 8. "Cannabinoid tincture" means a solution of alcohol, cannabinoid concentrate, and
14 other ingredients intended for consumption.
15 9. "Cannabinoid topical" means a cannabinoid product intended to be applied to the skin
16 or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a
17 cannabinoid topical is six percent.
18 10. "Cannabinoid transdermal patch" means an adhesive substance applied to the skin
19 which contains a cannabinoid product or cannabinoid concentrate for absorption into
20 the bloodstream. The maximum concentration or amount of tetrahydrocannabinol
21 permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.
22 11. "Cardholder" means a qualifying patient, designated caregiver, or compassion center
23 agent who has been issued and possesses a valid registry identification card.
24 12. "Compassion center" means a manufacturing facility or dispensary.
25 13. "Compassion center agent" means a principal officer, board member, member,
26 manager, governor, employee, volunteer, or agent of a compassion center.
27 14. "Contaminated" means made impure or inferior by extraneous substances.
28 15. "Debilitating medical condition" means one of the following:
29 a. Cancer;
30 b. Positive status for human immunodeficiency virus;
31 c. Acquired immune deficiency syndrome;
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1 d. Decompensated cirrhosis caused by hepatitis C;
2 e. Amyotrophic lateral sclerosis;
3 f. Posttraumatic stress disorder;
4 g. Agitation of Alzheimer's disease or related dementia;
5 h. Crohn's disease;
6 i. Fibromyalgia;
7 j. Spinal stenosis or chronic back pain, including neuropathy or damage to the
8 nervous tissue of the spinal cord with objective neurological indication of
9 intractable spasticity;
10 k. Glaucoma;
11 l. Epilepsy;
12 m. A terminal illness; and
13 n. 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 state department of health.
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 or an advanced practice registered nurse.
5 21. "Manufacturing facility" means an entity registered by the department as a compassion
6 center authorized to produce and process and to sell usable marijuana to a
7 dispensary.
8 22. "Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant;
9 the resin extracted from any part of the plant; and every compound, manufacture, salt,
10 derivative, mixture, or preparation of the plant, the seeds of the plant, or the resin
11 extracted from any part of the plant.
12 23. "Maximum concentration or amount of tetrahydrocannabinol" means the total amount
13 of tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid
14 product or a cannabinoid concentrate.
15 24. "Medical cannabinoid product" means a product intended for human consumption or
16 use which contains cannabinoids.
17 a. Medical cannabinoid products are limited to the following forms:
18 (1) Cannabinoid tincture;
19 (2) Cannabinoid capsule;
20 (3) Cannabinoid transdermal patch; and
21 (4) Cannabinoid topical; and
22 (5) Cannabinoid edible product.
23 b. "Medical cannabinoid product" does not include:
24 (1) A cannabinoid edible product;
25 (2) A cannabinoid concentrate by itself; or
26 (3)(2) The dried leaves or flowers of the plant of the genus cannabis by itself.
27 25. "Medical marijuana product" means a cannabinoid concentrate or a medical
28 cannabinoid product.
29 26. "Medical marijuana waste" means unused, surplus, returned, or out-of-date usable
30 marijuana; recalled usable marijuana; unused marijuana; or plant debris of the plant of
31 the genus cannabis, including dead plants and all unused plant parts and roots.
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1 27. "Medical use of marijuana" means the acquisition, use, and possession of usable
2 marijuana to treat or alleviate a qualifying patient's debilitating medical condition.
3 28. "Minor" means an individual under the age of nineteen.
4 29. "North Dakota identification" means a North Dakota driver's license or comparable
5 state of North Dakota or federal issued photo identification card verifying North Dakota
6 residence.
7 30. "Pediatric medical marijuana" means a medical marijuana product containing
8 cannabidiol which may not contain a maximum concentration or amount of
9 tetrahydrocannabinol of more than six percent.
10 31. "Physician" means a physician licensed under chapter 43-17 to practice medicine in
11 the state of North Dakota.
12 32. "Posttraumatic stress disorder" means a patient meets the diagnostic criteria for
13 posttraumatic stress disorder under the "Diagnostic and Statistical Manual of Mental
14 Disorders", American psychiatric association, fifth edition, text revision (2013).
15 33. "Processing" or "process" means the compounding or conversion of marijuana into a
16 medical marijuana product.
17 34. "Producing", "produce", or "production" mean the planting, cultivating, growing,
18 trimming, or harvesting of the plant of the genus cannabis or the drying of the leaves
19 or flowers of the plant of the genus cannabis.
20 35. "Qualifying patient" means an individual who has been diagnosed by a health care
21 provider as having a debilitating medical condition.
22 36. "Registry identification card" means a document issued by the department which
23 identifies an individual as a registered qualifying patient, registered designated
24 caregiver, or registered compassion center agent.
25 37. "Terminal illness" means a disease, illness, or condition of a patient:
26 a. For which there is not a reasonable medical expectation of recovery;
27 b. Which as a medical probability, will result in the death of the patient, regardless of
28 the use or discontinuance of medical treatment implemented for the purpose of
29 sustaining life or the life processes; and
30 c. As a result of which, the patient's health care provider would not be surprised if
31 death were to occur within six months.
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1 38. "Usable marijuana" means a medical marijuana product or the dried leaves or flowers
2 of the plant of the genus cannabis in a combustible delivery form. However, the term
3 does not include the dried leaves or flowers unless authorized through a written
4 certification and does not include a cannabinoid edible product. In the case of a
5 registered qualifying patient who is a minor, "usable marijuana" is limited to pediatric
6 medical marijuana.
7 39. "Verification system" means the system maintained by the department under section
8 19-24.1-31 for verification of registry identification cards.
9 40. "Written certification" means a form established by the department which is executed,
10 dated, and signed by a health care provider within ninety calendar days of the date of
11 application, stating that in the health care provider's professional opinion the patient is
12 likely to receive therapeutic or palliative benefit from the medical use of marijuana to
13 treat or alleviate the patient's debilitating medical condition. A health care provider may
14 authorize the use of dried leaves or flowers of the plant of the genus cannabis in a
15 combustible delivery form to treat or alleviate the patient's debilitating medical
16 condition. A written certification may not be made except in the course of a bona fide
17 provider-patient relationship.
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Statutes affected: INTRODUCED: 19-24.1-01
FIRST ENGROSSMENT: 19-24.1-01