19-24.1-01. Definitions

19-24.1-01. Definitions

As used in this chapter, unless the context indicates otherwise:

1. "Advanced practice registered nurse" means an advanced practice registered nurse

defined under section 43-12.1-02.

2. "Agent" means an individual who is authorized to act for, in place of, or on behalf of a

compassion center.

3. "Allowable amount of usable marijuana" means the amount of usable marijuana a

registered qualifying patient or registered designated caregiver may purchase in a

thirty-day period under this chapter.

a. Except as provided under subdivision b:

(1) During a thirty-day period, a registered qualifying patient may not purchase

or have purchased by a registered designated caregiver more than two and

one-half ounces [70.87 grams] of dried leaves or flowers of the plant of the

genus cannabis in a combustible delivery form.

(2) At any time a registered qualifying patient, or a registered designated

caregiver on behalf of a registered qualifying patient, may not possess more

than three ounces [85.05 grams] of dried leaves or flowers of the plant of the

genus cannabis in a combustible delivery form.

(3) At any time, a registered qualifying patient, or a registered designated

caregiver on behalf of a registered qualifying patient, may not possess more

than five hundred milligrams of a cannabinoid edible product.

b. Notwithstanding subdivision a, if a registered qualifying patient has a registry

identification card authorizing an enhanced allowable amount:

(1) During a thirty-day period a registered qualifying patient may not purchase

or have purchased by a registered designated caregiver more than

six ounces [170.01 grams] of dried leaves or flowers of the plant of genus

cannabis in a combustible delivery form.

(2) At any time a registered qualifying patient, or a registered designated

caregiver on behalf of a registered qualifying patient, may not possess more

than seven and one-half ounces [212.62 grams] of dried leaves or flowers of

the plant of the genus cannabis in a combustible delivery form.

(3) At any time, a registered qualifying patient, or a registered designated

caregiver on behalf of a registered qualifying patient, may not possess more

than five hundred milligrams of a cannabinoid edible product.

c. A registered qualifying patient may not purchase or have purchased by a

registered designated caregiver more than the maximum concentration or amount

of tetrahydrocannabinol permitted in a thirty-day period. The maximum

concentration or amount of tetrahydrocannabinol permitted in a thirty-day period

for a cannabinoid concentrate or medical cannabinoid product, or the cumulative

total of both, is six thousand milligrams. At any time, a registered qualifying

patient, or a registered designated caregiver on behalf of a registered qualifying

patient, may not purchase more than three hundred ten milligrams of

tetrahydrocannabinol in the form of a cannabinoid edible product.

4. "Bona fide provider-patient relationship" means a treatment or counseling relationship

between a health care provider and patient in which all the following are present:

a. 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 medical evaluation of the patient.

b. The health care provider has created and maintained records of the patient's

condition in accordance with medically accepted standards.

c. 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.

d. The health care provider has a reasonable expectation that provider will continue

to provide followup care to the patient to monitor the medical use of marijuana as

a treatment of the patient's debilitating medical condition.

c. 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.

d. The health care provider has a reasonable expectation that provider will continue

to provide followup care to the patient to monitor the medical use of marijuana as

a treatment of the patient's debilitating medical condition.

e. The relationship is not for the sole purpose of providing written certification for the

medical use of marijuana.

5. "Cannabinoid" means a chemical compound that is one of the active constituents of

marijuana.

6. "Cannabinoid capsule" means a small, soluble container, usually made of gelatin,

which encloses a dose of a cannabinoid product or a cannabinoid concentrate

intended for consumption. The maximum concentration of amount of

tetrahydrocannabinol permitted in a serving of a cannabinoid capsule is fifty

milligrams.

7. "Cannabinoid concentrate" means a concentrate or extract obtained by separating

cannabinoids from marijuana by a mechanical, chemical, or other process. A container

holding a cannabinoid concentrate for dispensing may not exceed one gram.

8. "Cannabinoid edible product" means a soft or hard lozenge in a geometric square

shape into which a cannabinoid concentrate or the dried leaves or flowers of the plant

of the genus cannabis is incorporated.

a. The maximum concentration or amount of tetrahydrocannabinol permitted in a

serving of a cannabinoid edible product is five milligrams and in a package is fifty

milligrams.

b. The term does not include a hard or soft lozenge in a geometric square shape

into which a cannabinoid concentrate or the dried leaves or flowers of the plant of

the genus cannabis is incorporated if the form, packaging, or labeling is target

marketed to minors.

9. "Cannabinoid solution" means a solution consisting of a mixture created from

cannabinoid concentrate and other ingredients. A container holding a cannabinoid

solution for dispensing may not exceed thirty milliliters.

10. "Cannabinoid topical" means a cannabinoid product intended to be applied to the skin

or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a

cannabinoid topical is six percent.

11. "Cannabinoid transdermal patch" means an adhesive substance applied to the skin

which contains a cannabinoid product or cannabinoid concentrate for absorption into

the bloodstream. The maximum concentration or amount of tetrahydrocannabinol

permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.

12. "Cardholder" means a qualifying patient, designated caregiver, or compassion center

agent who has been issued and possesses a valid registry identification card.

13. "Compassion center" means a manufacturing facility or dispensary.

14. "Compassion center agent" means a principal officer, board member, member,

manager, governor, employee, volunteer, or agent of a compassion center. The term

does not include a lawyer representing a compassion center in civil or criminal

litigation or in an adversarial administrative proceeding.

15. "Contaminated" means made impure or inferior by extraneous substances.

16. "Debilitating medical condition" means one of the following:

a. Cancer;

b. Positive status for human immunodeficiency virus;

c. Acquired immune deficiency syndrome;

d. Decompensated cirrhosis caused by hepatitis C;

e. Amyotrophic lateral sclerosis;

f. Posttraumatic stress disorder;

g. Agitation of Alzheimer's disease or related dementia;

h. Crohn's disease;

i. Fibromyalgia;

j. Spinal stenosis or chronic back pain, including neuropathy or damage to the

nervous tissue of the spinal cord with objective neurological indication of

intractable spasticity;

k. Glaucoma;

l. Epilepsy;

m. Anorexia nervosa;

n. Bulimia nervosa;

o. Anxiety disorder;

p. Tourette syndrome;

q. Ehlers-Danlos syndrome;

r. Endometriosis;

s. Interstitial cystitis;

s disease;

i. Fibromyalgia;

j. Spinal stenosis or chronic back pain, including neuropathy or damage to the

nervous tissue of the spinal cord with objective neurological indication of

intractable spasticity;

k. Glaucoma;

l. Epilepsy;

m. Anorexia nervosa;

n. Bulimia nervosa;

o. Anxiety disorder;

p. Tourette syndrome;

q. Ehlers-Danlos syndrome;

r. Endometriosis;

s. Interstitial cystitis;

t. Neuropathy;

u. Migraine;

v. Rheumatoid arthritis;

w. Autism spectrum disorder;

x. A brain injury;

y. A terminal illness; or

z. A chronic or debilitating disease or medical condition or treatment for such

disease or medical condition that produces one or more of the following:

(1) Cachexia or wasting syndrome;

(2) 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;

(3) Intractable nausea;

(4) Seizures; or

(5) Severe and persistent muscle spasms, including those characteristic of

multiple sclerosis.

17. "Department" means the department of health and human services.

18. "Designated caregiver" means an individual who is at least twenty-one years of age

and agrees to manage the well-being of a registered qualifying patient with respect to

the qualifying patient's medical use of marijuana.

19. "Dispensary" means an entity registered by the department as a compassion center

authorized to dispense usable marijuana to a registered qualifying patient and a

registered designated caregiver.

20. "Enclosed, locked facility" means a closet, room, greenhouse, building, or other

enclosed area equipped with locks or other security devices that permit access limited

to individuals authorized under this chapter or rules adopted under this chapter.

21. "Health care provider" means a physician, a physician assistant, or an advanced

practice registered nurse.

22. "Manager'' means an individual who administers or supervises the day-to-day

operations and affairs of a compassion center.

23. "Manufacturing facility" means an entity registered by the department as a compassion

center authorized to produce and process and to sell usable marijuana to a

dispensary.

24. "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:

a. Hemp as regulated under section 4.1-18.1-01; or

b. A prescription drug approved by the United States food and drug administration

under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].

25. "Maximum concentration or amount of tetrahydrocannabinol" means the total amount

of tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid

product or a cannabinoid concentrate.

26. "Medical cannabinoid product" means a product intended for human consumption or

use which contains cannabinoids.

a. Medical cannabinoid products are limited to the following forms:

(1) Cannabinoid solution;

(2) Cannabinoid capsule;

(3) Cannabinoid transdermal patch;

(4) Cannabinoid topical; and

(5) Cannabinoid edible products.

b. "Medical cannabinoid product" does not include:

(1) A cannabinoid concentrate by itself; or

ans a product intended for human consumption or

use which contains cannabinoids.

a. Medical cannabinoid products are limited to the following forms:

(1) Cannabinoid solution;

(2) Cannabinoid capsule;

(3) Cannabinoid transdermal patch;

(4) Cannabinoid topical; and

(5) Cannabinoid edible products.

b. "Medical cannabinoid product" does not include:

(1) A cannabinoid concentrate by itself; or

(2) The dried leaves or flowers of the plant of the genus cannabis by itself.

27. "Medical marijuana product" means a cannabinoid concentrate or a medical

cannabinoid product.

28. "Medical marijuana waste" means unused, surplus, returned, or out-of-date usable

marijuana; recalled usable marijuana; unused marijuana; or plant debris of the plant of

the genus cannabis, including dead plants and all unused plant parts and roots.

29. "Medical use of marijuana" means the acquisition, use, and possession of usable

marijuana to treat or alleviate a qualifying patient's debilitating medical condition.

30. "Member" means an individual who has a ten percent or more ownership interest in

the compassion center limited liability company, limited liability partnership, or

partnership.

31. "Minor" means an individual under the age of nineteen.

32. "North Dakota identification" means a North Dakota driver's license or comparable

state of North Dakota or federal issued photo identification card verifying North Dakota

residence.

33. "Owner" means an individual or an organization with an ownership interest in a

compassion center.

34. "Ownership interest" means an aggregate ownership interest of five percent or more in

a compassion center, unless the interest is solely a security, lien, or encumbrance, or

an individual who will be participating in the direction, control, or management of the

compassion center.

35. "Pediatric medical marijuana" means a medical marijuana product containing

cannabidiol which may not contain a maximum concentration or amount of

tetrahydrocannabinol of more than six percent.

36. "Physician" means a physician licensed under chapter 43-17 to practice medicine in

the state of North Dakota.

37. "Physician assistant" means an individual licensed under chapter 43-17 to practice as

a physician assistant in the state.

38. "Posttraumatic stress disorder" means a patient meets the diagnostic criteria for

posttraumatic stress disorder under the "Diagnostic and Statistical Manual of Mental

Disorders", American psychiatric association, fifth edition, text revision (2013).

39. "Processing" or "process" means the compounding or conversion of marijuana into a

medical marijuana product.

40. "Producing", "produce", or "production" mean the planting, cultivating, growing,

trimming, or harvesting of the plant of the genus cannabis or the drying of the leaves

or flowers of the plant of the genus cannabis.

41. "Qualifying patient" means an individual who has been diagnosed by a health care

provider as having a debilitating medical condition.

42. "Registry identification card" means a document issued by the department which

identifies an individual as a registered qualifying patient, registered designated

caregiver, or registered compassion center agent.

43. "Substantial corporate change" means:

a. For a corporation, a change of ten percent or more of the officers or directors, or

a transfer of ten percent or more of the stock of the corporation, or an existing

stockholder obtaining ten percent or more of the stock of the corporation;

b. For a limited liability company, a change of ten percent or more of the managing

members of the company, or a transfer of ten percent or more of the ownership

interest in the company, or an existing member obtaining a cumulative of ten

percent or more of the ownership interest in the company; or

c. For a partnership, a change of ten percent or more of the managing partners of

the company, or a transfer of ten percent or more of the ownership interest in the

f the managing

members of the company, or a transfer of ten percent or more of the ownership

interest in the company, or an existing member obtaining a cumulative of ten

percent or more of the ownership interest in the company; or

c. For a partnership, a change of ten percent or more of the managing partners of

the company, or a transfer of ten percent or more of the ownership interest in the

company, or an existing member obtaining a cumulative of ten percent or more of

the ownership interest in the company.

44. "Terminal illness" means a disease, illness, or condition of a patient:

a. For which there is not a reasonable medical expectation of recovery;

b. Which as a medical probability, will result in the death of the patient, regardless of

the use or discontinuance of medical treatment implemented for the purpose of

sustaining life or the life processes; and

c. As a result of which, the patient's health care provider would not be surprised if

death were to occur within six months.

45. "Tetrahydrocannabinol" means tetrahydrocannabinols naturally contained in a plant of

the genus cannabis, and synthetic equivalents of the substances contained in the

cannabis plant, or in the resinous extractives of the plant, including synthetic

substances, derivatives, and their isomers with similar chemical structure and

pharmacological activity to those substances contained in the plant, including:

a. (1) Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other

names: Delta-9-tetrahydrocannabinol.

(2) Delta-6 or trans tetrahydrocannabinol, and their optical isomers. Other

names: Delta-8 tetrahydrocannabinol.

(3) Delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.

(Since nomenclature of these substances is not intentionally standardized, compounds

of these structures, regardless of numerical designation or atomic positions covered.)

b. Tetrahydrocannabinol does not include:

(1) The allowable amount of total tetrahydrocannabinol found in hemp as

defined in chapter 4.1-18.1; or

(2) A prescription drug approved by the United States food and drug

administration under section 505 of the Federal Food, Drug, and Cosmetic

Act [21 U.S.C. 355].

46. "Total tetrahydrocannabinol" means the sum of the percentage by weight of

tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths

plus the percentage of weight of tetrahydrocannabinol.

47. "Usable marijuana" means a medical marijuana product or the dried leaves or flowers

of the plant of the genus cannabis in a combustible delivery form. In the case of a

registered qualifying patient who is a minor, "usable marijuana" is limited to pediatric

medical marijuana.

48. "Verification system" means the system maintained by the department under section

19-24.1-31 for verification of registry identification cards.

49. "Written certification" means a form established by the department which is executed,

dated, and signed by a health care provider within ninety calendar days of the date of

application, stating the patient has a debilitating medical condition. A health care

provider may authorize an enhanced amount of dried leaves or flowers of the plant of

the genus cannabis in a combustible delivery form to treat or alleviate the patient's

debilitating medical condition of cancer. A written certification may not be made except

in the course of a bona fide provider-patient relationship.