Bill Summary – FastDemocracy

0683.03000
     Sixty-seventh
     Legislative Assembly                     HOUSE BILL NO. 1420
     of North Dakota
     Introduced by
       Representatives Dockter, Becker, Mitskog, Mock, Porter, Roers Jones, M. Ruby
       Senator Meyer
  A BILL for an Act to create and enact chapter 19-24.3 of the North Dakota Century Code,
  relating to the personal use of marijuana; to amend and reenact subsection 1 of section
  19-03.1-22.2, subsection 7 of section 19-03.1-23, subsection 4 of section 19-03.4-03,
  subsection 1 of section 39-20-01, section 39-20-14, and subsection 12 of section 65-05-08 of
  the North Dakota Century Code, relating to the legalization of marijuana; to provide a statement
  of legislative intent; to provide for a legislative management report; and to provide a penalty.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Subsection 1 of section 19-03.1-22.2 of the North Dakota
  Century Code is amended and reenacted as follows:
     1.   For purposes of this section:
          a.     "Chemical substance" means a substance intended to be used as a precursor in
                 the manufacture of a controlled substance or any other chemical intended to be
                 used in the manufacture of a controlled substance. Intent under this subsection
                 may be demonstrated by the substance's use, quantity, manner of storage, or
                 proximity to other precursors or to manufacturing equipment.
          b.     "Child" means an individual who is under the age of eighteen years.
           c.    "Controlled substance" means the same as that term is defined in section
                 19-03.1-01, except the term does not include less than one-halfone ounce [28.35
                 grams] of marijuana.
          d.     "Drug paraphernalia" means the same as that term is defined in section
                 19-03.4-01.
          e.     "Prescription" means the same as that term is described in section 19-03.1-22.
           f.    "Vulnerable adult" means a vulnerable adult as the term is defined in section
                 50-25.2-01.
                                               Page No. 1                         21.0683.03000
     Sixty-seventh
     Legislative Assembly
     SECTION 2. AMENDMENT. Subsection 7 of section 19-03.1-23 of the North Dakota
  Century Code is amended and reenacted as follows:
      7.   a.   It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess
                a controlled substance or a controlled substance analog unless the substance
                was obtained directly from, or pursuant to, a valid prescription or order of a
                practitioner while acting in the course of the practitioner's professional practice, or
                except as otherwise authorized by this chapter, but any person who violates
                section 12-46-24 or 12-47-21 may not be prosecuted under this subsection.
           b.   Except as otherwise provided in this subsection, any person who violates this
               subsection is guilty of a class A misdemeanor for the first offense under this
               subsection and a class C felony for a second or subsequent offense under this
               subsection.
          c.   If, at the time of the offense the person is in or on the real property comprising a
               public or private elementary or secondary school or a public career and technical
               education school, the person is guilty of a class B felony, unless the offense
               involves marijuana.
          d.   A person who violates this subsection by possessing:
               (1)   Marijuana in an amount of less than one-halfMore than one ounce
                     [14.17528.35 grams] but not more than one and one-half ounce [42.524
                     grams] of marijuana is guilty of an infraction.
               (2)   At leastMore than one and one-half ounce [14.17542.524 grams] but not
                     more than 500 grams of marijuana is guilty of a class B misdemeanor.
               (3)   More than 500 grams of marijuana is guilty of a class A misdemeanor.
          e.   If an individual is sentenced to the legal and physical custody of the department
               of corrections and rehabilitation under this subsection, the department may place
               the individual in a drug and alcohol treatment program designated by the
               department. Upon the successful completion of the drug and alcohol treatment
               program, the department shall release the individual from imprisonment to begin
               any court-ordered period of probation.
                                               Page No. 2                         21.0683.03000
     Sixty-seventh
     Legislative Assembly
             f.   If the individual is not subject to any court-ordered probation, the court shall order
                  the individual to serve the remainder of the sentence of imprisonment on
                  supervised probation subject to the terms and conditions imposed by the court.
             g.   Probation under this subsection may include placement in another facility,
                  treatment program, or drug court. If an individual is placed in another facility or
                  treatment program upon release from imprisonment, the remainder of the
                  sentence must be considered as time spent in custody.
             h.   An individual incarcerated under this subsection as a result of a second probation
                  revocation is not eligible for release from imprisonment upon the successful
                 completion of treatment.
            i.   A person who violates this subsection regarding possession of five or fewer
                 capsules, pills, or tablets of a schedule II, III, IV, or V controlled substance or
                 controlled substance analog is guilty of a class A misdemeanor.
     SECTION 3. AMENDMENT. Subsection 4 of section 19-03.4-03 of the North Dakota
 Century Code is amended and reenacted as follows:
     4.     A person under twenty-one years of age may not use or possess with the intent to use
            drug paraphernalia to ingest, inhale, or otherwise introduce into the human body
            marijuana or possess with the intent to use drug paraphernalia to store or contain
            marijuana in violation of chapter 19-03.1. A person violating this subsection is guilty of
            an infraction.
     SECTION 4. Chapter 19-24.3 of the North Dakota Century Code is created and enacted as
 follows:
     19-24.3-01. Definitions.
     As used in this chapter, unless the context indicates otherwise:
     1.     "Allowable amount" means the quantity of edible marijuana products an individual may
            purchase during a single transaction, as determined by the health council.
     2.     "Compassion center" means a manufacturing facility or dispensary.
     3.     "Department" means the state department of health.
     4.     "Dispensary" means an entity registered by the department as a compassion center
            authorized to sell marijuana and edible marijuana products.
                                                 Page No. 3                          21.0683.03000
     Sixty-seventh
     Legislative Assembly
      5.   "Edible marijuana product" means a marijuana product intended to be consumed
           orally, including any type of food, drink, or pill.
      6.   "Manufacturing facility" means an entity registered by the department as a compassion
           center authorized to produce, process, and sell marijuana and edible marijuana
           products to a dispensary.
      7.   "Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant;
           the resin extracted from any part of the plant; and every compound, manufacture, salt,
           derivative, mixture, or preparation of the plant, the seeds of the plant, or the resin
           extracted from any part of the plant. The term marijuana does not include hemp as
          defined in section 4.1-18.1-01.
     8.   "Marijuana paraphernalia" means any equipment, product, or material of any kind
          used, intended for use, or designed for use in planting, propagating, cultivating,
          growing, harvesting, manufacturing, compounding, converting, producing, processing,
          preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing,
          ingesting, inhaling, or otherwise introducing marijuana into the human body.
     9.   "Maximum concentration or amount of tetrahydrocannabinol" means the total amount
          of tetrahydrocannabinol and tetrahydrocannabinolic acid in an edible marijuana
          product as determined by the health council.
    10.   "Producing", "produce", or "production" means the same as defined in
          section 19-24.1-01.
    19-24.3-02. Marijuana - Edible marijuana products - Rules.
     1.   The department shall implement the sale of marijuana and edible marijuana products
          under this chapter, including the production, processing, sale, and dispensing of
          marijuana and edible marijuana products.
     2.   Except as otherwise authorized in this chapter, a person may not sell, cultivate,
          possess, transport, dispense, or use marijuana unless the person is authorized to do
          so as a compassion center or is otherwise authorized by rule adopted under this
          chapter.
     3.   The health council shall adopt rules as necessary for the implementation and
          administration of this chapter, including the allowable maximum concentration or
          amount of tetrahydrocannabinol in an edible marijuana product, the production of
                                                Page No. 4                        21.0683.03000
     Sixty-seventh
     Legislative Assembly
           marijuana and edible marijuana products, transportation and storage of marijuana and
           edible marijuana products, advertising, packaging and labeling, standards for testing
           facilities, inventory management, and accurate recordkeeping.
      4.   The health council may adopt rules regarding the operation and governance of
           additional categories of compassion centers, including the registration of additional
           compassion centers in the state.
      5.   Except as otherwise provided in section 19-24.1-12, the health council shall license
           additional compassion centers for purposes of implementing this chapter.
      6.   The department shall utilize compassion centers registered under chapter 19-24.1 to
          implement this chapter.
    19-24.3-03. Personal use of marijuana.
     1.   Except as otherwise provided in this chapter, an individual who is at least twenty-one
          years of age may use, possess, or transport up to one ounce [28.35 grams] of
          marijuana or the allowable amount of edible marijuana products.
     2.   Notwithstanding section 19-03.4-03, an individual may possess marijuana
          paraphernalia to store, contain, or use marijuana and edible marijuana products as
          authorized under this chapter.
    19-24.3-04. Compassion centers - Authority - Operation.
     1.   Notwithstanding sections 19-03.1-23, 19-03.4-03, and 19-24.1-20, during a single
          transaction, a dispensary may dispense up to one ounce [28.35 grams] of marijuana
          or edible marijuana products to an individual who is at least twenty-one years of age.
     2.   Notwithstanding sections 19-03.1-23, 19-03.4-03, and 19-03.4-04, a manufacturing
          facility may grow an amount of marijuana sufficient to meet the demands of the public.
     3.   The health council shall adopt rules regulating the growth and sale of marijuana and
          edible marijuana products under this section.
    19-24.3-05. Possession - Motor vehicle - Restriction - Penalty.
     1.   An individual may not possess an open container of marijuana in a motor vehicle upon
          a highway or upon a public or private area to which the public has a right of access for
          vehicular use in this state.
     2.   An individual who violates this section is guilty of an infraction punishable by a fine of
          up to fifty dollars.
                                               Page No. 5                         21.0683.03000
     Sixty-seventh
     Legislative Assembly
      19-24.3-06. Packaging - Labeling.
      Any marijuana or edible marijuana product sold at a dispensary under this chapter must be
  packaged in opaque, resealable, child-resistant packaging. The packaging must be designed or
  constructed to be difficult for children under five years of age to open.
      19-24.3-07. Restriction.
      1.    This chapter may not be construed to limit any privileges or rights of a qualifying
            patient or designated caregiver under chapter 19-24.1.
      2.    This chapter does not require:
            a.   A government medical assistance program or private insurer to reimburse a
                person for costs associated with the use of marijuana;
           b.   A person in lawful possession of property to allow a guest, client, customer, or
                other visitor to possess or consume marijuana or edible marijuana products on or
                in that property; or
           c.   A landlord to allow production or processing on rental property.
     2.    This chapter does not prohibit an employer from disciplining an employee for
           possessing or consuming marijuana in the workplace or for working while under the
           influence of marijuana.
     19-24.3-08. Limitations.
     This chapter does not authorize a person to engage in, and does not prevent the imposition
 of any civil liability or criminal liability or other penalties for engaging in the following conduct:
     1.    Undertaking an activity under the influence of marijuana if doing so would constitute
           negligence or professional malpractice.
     2.    Possessing or consuming marijuana or edible marijuana products:
           a.   On a school bus or school van that is used for school purposes;
           b.   On the grounds of any public or private school;
           c.   At any location while a public or private school sanctioned event is occurring at
                that location;
           d.   On the grounds of a correctional facility; or
           e.   On the grounds of a child care facility or licensed home day care.
     3.    Undertaking any activity prohibited by section 23-12-09, 23-12-10, 23-12-10.2,
           23-12-10.4, 23-12-10.5, or 23-12-11.
                                                 Page No. 6                           21.0683.03000
     Sixty-seventh
     Legislative Assembly
      4.   Using a combustible delivery form of marijuana under this chapter if the smoke would
           be inhaled by an individual who is under twenty-one years of age.
      5.   Operating, navigating, or being in actual physical control of a motor vehicle, aircraft,
           train, or motorboat, while under the influence of marijuana.
     SECTION 5. AMENDMENT. Subsection 1 of section 39-20-01 of the North Dakota Century
  Code is amended and reenacted as follows:
      1.   Any individual who operates a motor vehicle on a highway or on public or private
           areas to which the public has a right of access for vehicular use in this state is deemed
           to have given consent, and shall consent, subject to the provisions of this chapter, to a
          chemical test, or tests, of the blood, breath, salivaoral fluid, or urine for the purpose of
          determining the alcohol concentration or presence of other drugs, or combination
          thereof, in the individual's blood, breath, salivaoral fluid, or urine. As used in this
          chapter, the word "drug" means any drug or substance or combination of drugs or
          substances which renders an individual incapable of safely driving, and the words
          "chemical test" or "chemical analysis" mean any test to determine the alcohol
          concentration or presence of other drugs, or combination thereof, in the individual's
          blood, breath, or urine, approved by the director of the state crime laboratory or the
          director's designee under this chapter.
    SECTION 6. AMENDMENT. Section 39-20-14 of the North Dakota Century Code is
 amended and reenacted as follows:
    39-20-14. Screening tests.
     1.   Any individual who operates a motor vehicle upon the public highways of this state is
          deemed to have given consent to submit to an onsite screening test or tests of the
          individual's breath or oral fluid for the purpose of estimating the alcohol concentration
          or presence of drugs or substances in the individual's breath or oral fluid upon the
          request of a law enforcement officer who has reason to believe that the individual
          committed a moving traffic violation or a violation under section 39-08-01 or an
          equivalent offense, or was involved in a traffic accident as a driver, and in conjunction
          with the violation or the accident the officer has, through the officer's observations,
          formulated an opinion that the individual's body contains alcohol or other drugs or
          substances that render the individual incapable of safely operating a motor vehicle.
                                                Page No. 7                          21.0683.03000
     Sixty-seventh
     Legislative Assemb