North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2078

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
2/7/23  
Engrossed
2/9/23  
Refer
2/21/23  
Report Pass
3/21/23  
Enrolled
3/24/23  

Caption

The appeals process for a medical marijuana registry identification card for qualified patients and designated caregivers, referral of credible criminal complaints, and the appeals process for a compassion center agent or compassion center.

Impact

The changes introduced by SB 2078 have implications for state laws regarding medical marijuana. By clearly defining the appeals process and ensuring that individuals have recourse if their applications are denied, the bill strengthens the rights of patients and caregivers involved in the medical marijuana program. Furthermore, the requirement for the Department of Health and Human Services to notify individuals in writing about the reasons for denial emphasizes accountability and transparency within the state’s regulatory framework. This could potentially lead to a more efficient system that adheres to patient rights.

Summary

Senate Bill 2078, as presented by the Human Services Committee of North Dakota, amends several sections of the North Dakota Century Code pertaining to the appeals process for medical marijuana registry identification cards for qualified patients and designated caregivers. The bill primarily aims to streamline the appeal procedures when a patient or caregiver has their application denied or their card revoked, granting them the right to appeal within thirty days to the district court of Burleigh County. Importantly, it allows for electronic appearances during these hearings, which could enhance accessibility for some applicants.

Sentiment

The sentiment around SB 2078 appears to be generally supportive among legislators, particularly in light of the bipartisan vote it received—88 in favor and only 4 against during its second reading in the House. This overwhelming majority suggests that there is a shared understanding of the need for clearer processes surrounding medical marijuana applications. However, there may still be some concerns from various stakeholders regarding how these amendments will be implemented and the potential impacts on local practices surrounding marijuana regulation.

Contention

While there seems to be broad support for the bill, some points of contention could arise, particularly about the referral of credible criminal complaints against cardholders to law enforcement agencies. This provision raises concerns about the potential for misuse or overreach, where patients could feel threatened or stigmatized for their participation in the medical marijuana program. The balance between ensuring safety and protecting patient rights is crucial and may continue to be a topic of debate as the bill is implemented.

Companion Bills

No companion bills found.

Previously Filed As

ND SB2388

Reapplication for registered identification cards for marijuana and acts associated with marijuana not prohibited from employee discipline; and to declare an emergency.

ND SB2102

Fingerprint-based criminal history record checks for the department of health and human services, and compassion centers.

ND SB2294

Allowable amounts of usable medical marijuana, medical marijuana recordkeeping, cannabinoid edible products, patient qualifications, and disclosure of information.

ND SB2293

Medical marijuana container sizes, caregivers, and documentation.

ND H7947

Extends the registry identification card renewal for medical marijuana cards from one year to three (3) years; removes the renewal requirement for terminally ill patients.

ND HB1203

Definitions of medical marijuana products.

ND HB1478

Designated caregivers and criminal history record check exemptions.

ND SB2059

Hearing and appeals processes of the department of water resources.

ND HB1321

Medical marijuana limitations.

ND SB2201

Medical marijuana certification and application fees; and to provide for a legislative management study.

Similar Bills

No similar bills found.