1. North Dakota Department of Health Division of Medical Marijuana
Presentation for ND League of Cities
March 7, 2018

2. Legal Disclaimer This presentation is intended to convey general
information only and does not provide legal advice.
The contents should not be construed as legal advice.
Contact your attorney for advice on your specific
circumstances and legal issues.

3. Product available for patients and caregivers
Patient and caregiver applications accepted
Patient and caregiver applications accepted
Represents where the Division is in the implementation process
Dispensaries selected
Dispensary application period opens
Steps to implementing the ND Medical Marijuana Program
Lab selected to conduct testing
Lab selected to conduct testing
Manufacturing facilities selected
Legislative review of Administrative rules;
Manufacturing Facility application period opens
Legislative review of administrative rules;
Manufacturing facility application period opens
Lab RFP released
Information Management System selected (BioTrackTHC)
Administrative rules (NDAC Chapter ) drafted;
Public hearings held
Law effective (NDCC Chapter ) — April 18, 2017

4. United States 30 states and D.C. with medical marijuana laws
8 states and D.C. with recreational marijuana programs (Vermont recently passed a legalization law)

5. ND Voters Approve Measure 5 (63.7%)
North Dakota
Nov. 8, 2016:
ND Voters Approve Measure 5 (63.7%)
Apr. 17, 2017:
Governor signs SB 2344 and the Medical Marijuana Program requirements are effective the next day

6. Marijuana is still illegal under the federal Controlled Substances Act
Importance of a well regulated program

7. How will ND Regulate Medical Marijuana?
North Dakota Century Code, Chapter :
North Dakota Administrative Code :
(proposed)
North Dakota Department of Health; Division of Medical Marijuana
Division Director
Program Administrator
Administrative Assistant
FUTURE: Compassion Center Reviewer, additional Administrative Assistant

8. Definitions Health Care Provider
A physician or an advanced practice registered nurse.
Qualifying Patient
An individual who has been diagnosed by a health care provider as having a debilitating medical condition.
Designated Caregiver
An individual who agrees to manage the well-being of a registered qualifying patient with respect to the qualifying patient’s medical use of marijuana.
Registry Identification Card
A document issued by the Department of Health which identifies an individual as a registered qualifying patient, registered designated caregiver, or registered compassion center agent. (proposed rules adds laboratory agents)

9. Registry Identification Cards
Registered Qualifying Patient
Qualifying Medical Condition
Written Certification from Health Care Provider
Application Fee-$50/year
Registered Designated Caregiver
21 years of age
Passed a Criminal History Record Check
Patient(s) they are caring for registered
with state (fee may be waved for minors)
Application Fee-$50/year
Compassion Center or Lab Agent
21 years of age
Passed a Criminal History Record Check
Application Fee-$200/year (lab agent, fee waved)

10. THC CBD Marijuana components Psychoactive Non-psychoactive
Different concentrations of both THC and CBD are used for different symptoms of qualifying medical conditions

11. Types of Usable Marijuana
Not for Minors!
*Products with >6% THC
*Smokable form
Types of Usable Marijuana
Usable Marijuana
Not for minors
Maximum purchase amounts per 30 days:
*2.5 ounces total—dried leaves and flowers; and
*2000 mg THC total—other products
Dried Leaves & Flowers
Medical Marijuana Products
Cannabinoid Concentrate or Extract
Medical Cannabinoid Products
Max 6% THC per serving
Tinctures
Topicals
Max 50 mg
THC per serving
Max 50 mg THC per serving
Capsules
Transdermal patches

12. Qualifying Medical Conditions
Cancer
HIV/AIDS
Cirrhosis caused by hepatitis C
Amyotrophic lateral sclerosis (ALS)
Posttraumatic stress disorder (PTSD)
Agitation of Alzheimer’s disease or related dementia
A terminal illness
Crohn’s disease
Fibromyalgia
Spinal stenosis or chronic back pain with objective neurological indication of intractable spasticity
Glaucoma
Epilepsy
A chronic or debilitating disease or medical condition or treatment for such disease that produces
Cachexia or wasting syndrome
Severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects
Intractable nausea
Seizures, or
Severe and persistent muscle spasms, including those characteristic of multiple sclerosis

13. Bona Fide Provider-Patient Relationship
A treatment or counseling relationship between a health care provider and
patient in which all of the following are present:
The health care provider has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient.
The health care provider has created and maintained records of the patient’s condition in accordance with medically accepted standards.
The patient is under the health care provider’s continued care for the debilitating medical condition that qualifies the patient for the medical use of marijuana.
The health care provider has a reasonable expectation that provider will continue to provide follow-up care to the patient to monitor the medical use of marijuana as a treatment of the patient’s debilitating medical condition.
The relationship is not for the sole purpose of providing written certification for the medical use of marijuana.

14. Process Overview Patient has a debilitating medical condition
Health Care Provider executes a written certification
Patient applies for a registry identification card with DoH
Approved patient receives a registry identification card
Patient can purchase usable marijuana at registered dispensary

15. 2 8 Compassion Centers Manufacturing Facilities Dispensaries
1,000 plant limit
Growers, Producers, Processors
$110,000/2 years for registration 8
Dispensaries
3,500 ounce limit
Patient Educators
$90,000/2 years for registration

16. Dispensary Regions Map

17. Patients and Caregivers must have a ND registry identification card
Patients and Caregivers must have a ND registry identification card. (We do not recognize other state’s cards.)
Patients and Caregivers must purchase their product from registered
ND dispensaries.
Authorizing healthcare providers must be licensed in ND & have
a license in good standing.

18. Zoning Requirements
When an applicant applies to become a registered manufacturing facility or a dispensary, the applicant is required to:
Provide evidence of approval from local officials as to the applicant’s compliance with local zoning laws for the physical address to be used; and
Provide evidence the physical address of the proposed location is not located within 1,000 feet of a property line of a pre-existing public or private school.

19. What is considered a school?
NDCC Chapter does not provide a specific definition of “school.” The common definition of school is (1) An institution of learning and education, especially for children; (2) The collective body of students under instruction in an institution of learning; (3) A group of people adhering to the same philosophy or system of beliefs. We interpret the definition of school to include the following:
An entity included on the Department of Public Instruction’s “Approved Schools By City” or “Approved Schools By District” list.
An entity included on the Department of Public Instruction’s “Head Start Sites” list.
A public or private institution of higher education or career and technical education school.

20. Restrictions on Use
State law does not allow for the possession or consumption of usable marijuana:
On a school bus or school van that is used for school purposes;
On the grounds of any public or private school;
At any location while a public or private school sanctioned event is occurring at that location;
On the ground of a correctional facility; or
On the grounds of a child care facility or licensed home day care, unless authorized under rules adopted by the Department of Human Services.

21. Additional Restrictions
May not operate, navigate, or be in actual physical control of a motor vehicle, aircraft, train, or motorboat while under the influence of marijuana
May not use a combustible delivery form or vaporizing if the smoke or vapor would by inhaled by a minor (unless the minor is the registered qualifying patient)
The same state law smoking provisions existing for smoking, vaping, etc. in public places and places of employment are applicable to the medical marijuana program

22. Keeping up on program information
Common Definition/FAQs
State Laws & Federal Guidance
Status Updates
User Guides for Laboratory Testing
Sample Manufacturing Facility Application
Dispensary 8 Region Map
Subscribe/Unsubscribe to Updates Button

23. Contact Information
Jason Wahl Renae Sisk
Division Director Program Administrator
North Dakota Department of Health North Dakota Department of Health
Division of Medical Marijuana Division of Medical Marijuana
600 East Blvd Ave, Dept East Blvd Ave, Dept 301
Bismarck, ND Bismarck, ND
Phone: Phone: