North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1203 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE BILL NO. 1203
4		-	(Representatives Vetter, Dobervich, M. Ruby, Steiner, Frelich, Christianson, Christy, Bahl)
5		-	(Senators Cory, Meyer)
6		-	AN ACT to create and enact section 19-24.1-24.1 and a new subsection to section 19-24.1-36 of the
7		-	North Dakota Century Code, relating to regulating edible medical marijuana products; and to
8		-	amend and reenact section 19-24.1-01 of the North Dakota Century Code, relating to definitions
9		-	of medical marijuana products.
	1	+	25.0503.02002
	2	+	Title.03000
	3	+	Adopted by the Human Services
	4	+	Committee
	5	+	Sixty-ninth
	6	+	March 31, 2025
	7	+	Legislative Assembly
	8	+	of North Dakota
	9	+	Introduced by
	10	+	Representatives Vetter, Dobervich, M. Ruby, Steiner, Frelich, Christianson, Christy, Bahl
	11	+	Senators Cory, Meyer
	12	+	A BILL for an Act to create and enact section 19-24.1-24.1 and a new subsection to section
	13	+	19-24.1-36 of the North Dakota Century Code, relating to regulating edible medical marijuana
	14	+	products; and to amend and reenact section 19-24.1-01 of the North Dakota Century Code,
	15	+	relating to definitions of medical marijuana products.
10	16		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11		-	SECTION 1. AMENDMENT. Section 19-24.1-01 of the North Dakota Century Code is ~~amended and~~
12		-	reenacted as follows:
	17	+	SECTION 1. AMENDMENT. Section 19-24.1-01 of the North Dakota Century Code is
	18	+	amended and reenacted as follows:
13	19		19-24.1-01. Definitions.
14	20		As used in this chapter, unless the context indicates otherwise:
15		-	1."Advanced practice registered nurse" means an advanced practice registered nurse ~~defined~~
16		-	under section 43-12.1-02.
	21	+	1."Advanced practice registered nurse" means an advanced practice registered nurse
	22	+	defined under section 43-12.1-02.
17	23		2."Agent" means an individual who is authorized to act for, in place of, or on behalf of a
18	24		compassion center.
19		-	3."Allowable amount of usable marijuana" means the amount of usable marijuana a ~~registered~~
20		-	qualifying patient or registered designated caregiver may purchase in a ~~thirty-day period under~~
21		-	this chapter.
	25	+	3."Allowable amount of usable marijuana" means the amount of usable marijuana a
	26	+	registered qualifying patient or registered designated caregiver may purchase in a
	27	+	thirty-day period under this chapter.
22	28		a.Except as provided under subdivision b:
23		-	(1)During a thirty-day period, a registered qualifying patient may not purchase or have
24		-	purchased by a registered designated caregiver more than two and one-half ounces
25		-	[70.87 grams] of dried leaves or flowers of the plant of the genus cannabis in a
26		-	combustible delivery form.
27		-	(2)At any time a registered qualifying patient, or a registered designated caregiver on
28		-	behalf of a registered qualifying patient, may not possess more than three ounces
29		-	[85.05 grams] of dried leaves or flowers of the plant of the genus cannabis in a
30		-	combustible delivery form.
31		-	(3)At any time, a registered qualifying patient, or a registered designated caregiver on
32		-	behalf of a registered qualifying patient, may not possess more than five hundred
33		-	milligrams of a cannabinoid edible product.
	29	+	(1)During a thirty-day period, a registered qualifying patient may not purchase
	30	+	or have purchased by a registered designated caregiver more than two and
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	32	+	ENGROSSED HOUSE BILL NO. 1203
	33	+	FIRST ENGROSSMENT
	34	+	PROPOSED AMENDMENTS TO
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	55	+	one-half ounces [70.87 grams] of dried leaves or flowers of the plant of the
	56	+	genus cannabis in a combustible delivery form.
	57	+	(2)At any time a registered qualifying patient, or a registered designated
	58	+	caregiver on behalf of a registered qualifying patient, may not possess more
	59	+	than three ounces [85.05 grams] of dried leaves or flowers of the plant of
	60	+	the genus cannabis in a combustible delivery form.
	61	+	(3)At any time, a registered qualifying patient, or a registered designated
	62	+	caregiver on behalf of a registered qualifying patient, may not possess more
	63	+	than five hundred milligrams of a cannabinoid edible product.
34	64		b.Notwithstanding subdivision a, if a registered qualifying patient has a registry
35	65		identification card authorizing an enhanced allowable amount:
36		-	(1)During a thirty-day period a registered qualifying patient may not purchase or have
37		-	purchased by a registered designated caregiver more than six ounces [170.01
38		-	grams] of dried leaves or flowers of the plant of genus cannabis in a combustible
39		-	delivery form.
40		-	(2)At any time a registered qualifying patient, or a registered designated caregiver on
41		-	behalf of a registered qualifying patient, may not possess more than seven and H. B. NO. 1203 - PAGE 2
42		-	one-half ounces [212.62 grams] of dried leaves or flowers of the plant of the genus
	66	+	(1)During a thirty-day period a registered qualifying patient may not purchase
	67	+	or have purchased by a registered designated caregiver more than six
	68	+	ounces [170.01 grams] of dried leaves or flowers of the plant of genus
43	69		cannabis in a combustible delivery form.
44		-	(3)At any time, a registered qualifying patient, or a registered designated caregiver on
45		-	behalf of a registered qualifying patient, may not possess more than five hundred
46		-	milligrams of a cannabinoid edible product.
47		-	c.A registered qualifying patient may not purchase or have purchased by a registered
48		-	designated caregiver more than the maximum concentration or amount of
49		-	tetrahydrocannabinol permitted in a thirty-day period. The maximum concentration or
50		-	amount of tetrahydrocannabinol permitted in a thirty-day period for a cannabinoid
51		-	concentrate or medical cannabinoid product, or the cumulative total of both, is six
52		-	thousand milligrams. At any time, a registered qualifying patient, or a registered
53		-	designated caregiver on behalf of a registered qualifying patient, may not purchase more
54		-	than three hundred ten milligrams of tetrahydrocannabinol in the form of a cannabinoid
55		-	edible product.
	70	+	(2)At any time a registered qualifying patient, or a registered designated
	71	+	caregiver on behalf of a registered qualifying patient, may not possess more
	72	+	than seven and one-half ounces [212.62 grams] of dried leaves or flowers of
	73	+	the plant of the genus cannabis in a combustible delivery form.
	74	+	(3)At any time, a registered qualifying patient, or a registered designated
	75	+	caregiver on behalf of a registered qualifying patient, may not possess more
	76	+	than five hundred milligrams of a cannabinoid edible product.
	77	+	c.A registered qualifying patient may not purchase or have purchased by a
	78	+	registered designated caregiver more than the maximum concentration or
	79	+	amount of tetrahydrocannabinol permitted in a thirty-day period. The maximum
	80	+	concentration or amount of tetrahydrocannabinol permitted in a thirty-day period
	81	+	for a cannabinoid concentrate or medical cannabinoid product, or the cumulative
	82	+	total of both, is six thousand milligrams. At any time, a registered qualifying
	83	+	patient, or a registered designated caregiver on behalf of a registered qualifying
	84	+	patient, may not purchase more than three hundred ten milligrams of
	85	+	tetrahydrocannabinol in the form of a cannabinoid edible product.
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56	119		4."Bona fide provider-patient relationship" means a treatment or counseling relationship
57	120		between a health care provider and patient in which all the following are present:
58	121		a.The health care provider has reviewed the patient's relevant medical records and
59	122		completed a full assessment of the patient's medical history and current medical
60	123		condition, including a relevant, in-person, medical evaluation of the patient.
61		-	b.The health care provider has created and maintained records of the patient's ~~condition in~~
62		-	accordance with medically accepted standards.
63		-	c.The patient is under the health care provider's continued care for the debilitating ~~medical~~
64		-	condition that qualifies the patient for the medical use of marijuana.
65		-	d.The health care provider has a reasonable expectation that provider will continue to
66		-	provide followup care to the patient to monitor the medical use of marijuana as a
67		-	treatment of the patient's debilitating medical condition.
	124	+	b.The health care provider has created and maintained records of the patient's
	125	+	condition in accordance with medically accepted standards.
	126	+	c.The patient is under the health care provider's continued care for the debilitating
	127	+	medical condition that qualifies the patient for the medical use of marijuana.
	128	+	d.The health care provider has a reasonable expectation that provider will continue
	129	+	to provide followup care to the patient to monitor the medical use of marijuana as
	130	+	a treatment of the patient's debilitating medical condition.
68	131		e.The relationship is not for the sole purpose of providing written certification for the
69	132		medical use of marijuana.
70	133		5."Cannabinoid" means a chemical compound that is one of the active constituents of
71	134		marijuana.
72		-	6."Cannabinoid capsule" means a small, soluble container, usually made of gelatin, which
73		-	encloses a dose of a cannabinoid product or a cannabinoid concentrate intended for
74		-	consumption. The maximum concentration of amount of tetrahydrocannabinol permitted in a
75		-	serving of a cannabinoid capsule is fifty milligrams.
	135	+	6."Cannabinoid capsule" means a small, soluble container, usually made of gelatin,
	136	+	which encloses a dose of a cannabinoid product or a cannabinoid concentrate
	137	+	intended for consumption. The maximum concentration of amount of
	138	+	tetrahydrocannabinol permitted in a serving of a cannabinoid capsule is fifty
	139	+	milligrams.
76	140		7."Cannabinoid concentrate" means a concentrate or extract obtained by separating
77	141		cannabinoids from marijuana by a mechanical, chemical, or other process.
78	142		8."Cannabinoid edible product" means a food or potable liquidsoft or hard lozenge in a
79		-	geometric square shape into which a cannabinoid concentrate or the dried leaves or flowers of
80		-	the plant of the genus cannabis is incorporated.
81		-	a.The maximum concentration or amount of tetrahydrocannabinol permitted in a serving of
82		-	a cannabinoid edible product is five milligrams and in a package is fifty milligrams.
83		-	b.The term does not include a hard or soft lozenge in a geometric square shape into which
84		-	a cannabinoid concentrate or the dried leaves or flowers of the plant of the genus
85		-	cannabis is incorporated if the form, packaging, or labeling is target marketed to minors. H. B. NO. 1203 - PAGE 3
86		-	9."Cannabinoid solution" means a solution consisting of a mixture created from cannabinoid
87		-	concentrate and other ingredients. A container holding a cannabinoid solution for dispensing
88		-	may not exceed thirty milliliters.
89		-	10."Cannabinoid topical" means a cannabinoid product intended to be applied to the skin or hair.
90		-	The maximum concentration or amount of tetrahydrocannabinol permitted in a cannabinoid
91		-	topical is six percent.
92		-	11."Cannabinoid transdermal patch" means an adhesive substance applied to the skin which
93		-	contains a cannabinoid product or cannabinoid concentrate for absorption into the
94		-	bloodstream. The maximum concentration or amount of tetrahydrocannabinol permitted in a
95		-	serving of a cannabinoid transdermal patch is fifty milligrams.
96		-	12."Cardholder" means a qualifying patient, designated caregiver, or compassion center agent
97		-	who has been issued and possesses a valid registry identification card.
	143	+	geometric square shape into which a cannabinoid concentrate or the dried leaves or
	144	+	flowers of the plant of the genus cannabis is incorporated.
	145	+	a.The maximum concentration or amount of tetrahydrocannabinol permitted in a
	146	+	serving of a cannabinoid edible product is ten five milligrams and in a package is
	147	+	fifty mill igrams .
	148	+	b.The term does not include a hard or soft lozenge in a geometric square shape
	149	+	into which a cannabinoid concentrate or the dried leaves or flowers of the plant of
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	183	+	the genus cannabis is incorporated if the form, packaging, or labeling is target
	184	+	marketed to minors.
	185	+	9."Cannabinoid solution" means a solution consisting of a mixture created from
	186	+	cannabinoid concentrate and other ingredients. A container holding a cannabinoid
	187	+	solution for dispensing may not exceed thirty milliliters.
	188	+	10."Cannabinoid topical" means a cannabinoid product intended to be applied to the skin
	189	+	or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a
	190	+	cannabinoid topical is six percent.
	191	+	11."Cannabinoid transdermal patch" means an adhesive substance applied to the skin
	192	+	which contains a cannabinoid product or cannabinoid concentrate for absorption into
	193	+	the bloodstream. The maximum concentration or amount of tetrahydrocannabinol
	194	+	permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.
	195	+	12."Cardholder" means a qualifying patient, designated caregiver, or compassion center
	196	+	agent who has been issued and possesses a valid registry identification card.
98	197		13."Compassion center" means a manufacturing facility or dispensary.
99		-	14."Compassion center agent" means a principal officer, board member, member, ~~manager,~~
100		-	governor, employee, volunteer, or agent of a compassion center. The term ~~does not include a~~
101		-	lawyer representing a compassion center in civil or criminal ~~litigation or in an adversarial~~
102		-	administrative proceeding.
	198	+	14."Compassion center agent" means a principal officer, board member, member,
	199	+	manager, governor, employee, volunteer, or agent of a compassion center. The term
	200	+	does not include a lawyer representing a compassion center in civil or criminal
	201	+	litigation or in an adversarial administrative proceeding.
103	202		15."Contaminated" means made impure or inferior by extraneous substances.
104	203		16."Debilitating medical condition" means one of the following:
105	204		a.Cancer;
106	205		b.Positive status for human immunodeficiency virus;
107	206		c.Acquired immune deficiency syndrome;
108	207		d.Decompensated cirrhosis caused by hepatitis C;
109	208		e.Amyotrophic lateral sclerosis;
110	209		f.Posttraumatic stress disorder;
111	210		g.Agitation of Alzheimer's disease or related dementia;
112	211		h.Crohn's disease;
113	212		i.Fibromyalgia;
114		-	j.Spinal stenosis or chronic back pain, including neuropathy or damage to the nervous
115		-	tissue of the spinal cord with objective neurological indication of intractable spasticity;
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	245	+	j.Spinal stenosis or chronic back pain, including neuropathy or damage to the
	246	+	nervous tissue of the spinal cord with objective neurological indication of
	247	+	intractable spasticity;
116	248		k.Glaucoma;
117	249		l.Epilepsy;
118	250		m.Anorexia nervosa;
119	251		n.Bulimia nervosa;
120	252		o.Anxiety disorder;
121	253		p.Tourette syndrome;
122		-	q.Ehlers-Danlos syndrome; ~~H. B. NO. 1203 - PAGE 4~~
	254	+	q.Ehlers-Danlos syndrome;
123	255		r.Endometriosis;
124	256		s.Interstitial cystitis;
125	257		t.Neuropathy;
126	258		u.Migraine;
127	259		v.Rheumatoid arthritis;
128	260		w.Autism spectrum disorder;
129	261		x.A brain injury;
130	262		y.A terminal illness; or
131		-	z.A chronic or debilitating disease or medical condition or treatment for such ~~disease or~~
132		-	medical condition that produces one or more of the following:
	263	+	z.A chronic or debilitating disease or medical condition or treatment for such
	264	+	disease or medical condition that produces one or more of the following:
133	265		(1)Cachexia or wasting syndrome;
134		-	(2)Severe debilitating pain that has not responded to previously prescribed ~~medication~~
135		-	or surgical measures for more than three months or for which ~~other treatment~~
136		-	options produced serious side effects;
	266	+	(2)Severe debilitating pain that has not responded to previously prescribed
	267	+	medication or surgical measures for more than three months or for which
	268	+	other treatment options produced serious side effects;
137	269		(3)Intractable nausea;
138	270		(4)Seizures; or
139		-	(5)Severe and persistent muscle spasms, including those characteristic of ~~multiple~~
140		-	sclerosis.
	271	+	(5)Severe and persistent muscle spasms, including those characteristic of
	272	+	multiple sclerosis.
141	273		17."Department" means the department of health and human services.
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142	305		18."Designated caregiver" means an individual who agrees to manage the well-being of a
143		-	registered qualifying patient with respect to the qualifying patient's medical use of marijuana.
	306	+	registered qualifying patient with respect to the qualifying patient's medical use of
	307	+	marijuana.
144	308		19."Dispensary" means an entity registered by the department as a compassion center
145		-	authorized to dispense usable marijuana to a registered qualifying patient and a registered
146		-	designated caregiver.
147		-	20."Enclosed, locked facility" means a closet, room, greenhouse, building, or other enclosed area
148		-	equipped with locks or other security devices that permit access limited to individuals
149		-	authorized under this chapter or rules adopted under this chapter.
150		-	21."Health care provider" means a physician, a physician assistant, or an advanced practice
151		-	registered nurse.
152		-	22."Manager'' means an individual who administers or supervises the day-to-day operations and
153		-	affairs of a compassion center.
154		-	23."Manufacturing facility" means an entity registered by the department as a compassion center
155		-	authorized to produce and process and to sell usable marijuana to a dispensary.
156		-	24."Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant; the
157		-	resin extracted from any part of the plant; and every compound, manufacture, salt, derivative,
158		-	mixture, or preparation of the plant, the seeds of the plant, or the resin extracted from any part
159		-	of the plant. The term marijuana does not include:
160		-	a.Hemp as regulated under section 4.1-18.1-01; or H. B. NO. 1203 - PAGE 5
161		-	b.A prescription drug approved by the United States food and drug administration under
162		-	section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].
163		-	25."Maximum concentration or amount of tetrahydrocannabinol" means the total amount of
164		-	tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid product or a
165		-	cannabinoid concentrate.
166		-	26."Medical cannabinoid product" means a product intended for human consumption or use
167		-	which contains cannabinoids.
	309	+	authorized to dispense usable marijuana to a registered qualifying patient and a
	310	+	registered designated caregiver.
	311	+	20."Enclosed, locked facility" means a closet, room, greenhouse, building, or other
	312	+	enclosed area equipped with locks or other security devices that permit access limited
	313	+	to individuals authorized under this chapter or rules adopted under this chapter.
	314	+	21."Health care provider" means a physician, a physician assistant, or an advanced
	315	+	practice registered nurse.
	316	+	22."Manager'' means an individual who administers or supervises the day-to-day
	317	+	operations and affairs of a compassion center.
	318	+	23."Manufacturing facility" means an entity registered by the department as a compassion
	319	+	center authorized to produce and process and to sell usable marijuana to a
	320	+	dispensary.
	321	+	24."Marijuana" means all parts of the plant of the genus cannabis; the seeds of the plant;
	322	+	the resin extracted from any part of the plant; and every compound, manufacture, salt,
	323	+	derivative, mixture, or preparation of the plant, the seeds of the plant, or the resin
	324	+	extracted from any part of the plant. The term marijuana does not include:
	325	+	a.Hemp as regulated under section 4.1-18.1-01; or
	326	+	b.A prescription drug approved by the United States food and drug administration
	327	+	under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].
	328	+	25."Maximum concentration or amount of tetrahydrocannabinol" means the total amount
	329	+	of tetrahydrocannabinol and tetrahydrocannabinolic acid in a medical cannabinoid
	330	+	product or a cannabinoid concentrate.
	331	+	26."Medical cannabinoid product" means a product intended for human consumption or
	332	+	use which contains cannabinoids.
168	333		a.Medical cannabinoid products are limited to the following forms:
169	334		(1)Cannabinoid solution;
170	335		(2)Cannabinoid capsule;
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171	369		(3)Cannabinoid transdermal patch; and
172	370		(4)Cannabinoid topical; and
173	371		(5)Cannabinoid edible products.
174	372		b."Medical cannabinoid product" does not include:
175	373		(1)A cannabinoid edible product;
176	374		(2)A cannabinoid concentrate by itself; or
177	375		(3)(2)The dried leaves or flowers of the plant of the genus cannabis by itself.
178		-	27."Medical marijuana product" means a cannabinoid concentrate or a medical cannabinoid
179		-	product.
180		-	28."Medical marijuana waste" means unused, surplus, returned, or out-of-date usable marijuana;
181		-	recalled usable marijuana; unused marijuana; or plant debris of the plant of the genus
182		-	cannabis, including dead plants and all unused plant parts and roots.
183		-	29."Medical use of marijuana" means the acquisition, use, and possession of usable marijuana to
184		-	treat or alleviate a qualifying patient's debilitating medical condition.
185		-	30."Member" means an individual who has a ten percent or more ownership interest in the
186		-	compassion center limited liability company, limited liability partnership, or partnership.
	376	+	27."Medical marijuana product" means a cannabinoid concentrate or a medical
	377	+	cannabinoid product.
	378	+	28."Medical marijuana waste" means unused, surplus, returned, or out-of-date usable
	379	+	marijuana; recalled usable marijuana; unused marijuana; or plant debris of the plant of
	380	+	the genus cannabis, including dead plants and all unused plant parts and roots.
	381	+	29."Medical use of marijuana" means the acquisition, use, and possession of usable
	382	+	marijuana to treat or alleviate a qualifying patient's debilitating medical condition.
	383	+	30."Member" means an individual who has a ten percent or more ownership interest in
	384	+	the compassion center limited liability company, limited liability partnership, or
	385	+	partnership.
187	386		31."Minor" means an individual under the age of nineteen.
188		-	32."North Dakota identification" means a North Dakota driver's license or comparable state of
189		-	North Dakota or federal issued photo identification card verifying North Dakota residence.
190		-	33."Owner" means an individual or an organization with an ownership interest in a compassion
191		-	center.
192		-	34."Ownership interest" means an aggregate ownership interest of five percent or more in a
193		-	compassion center, unless the interest is solely a security, lien, or encumbrance, or an
194		-	individual who will be participating in the direction, control, or management of the compassion
195		-	center.
196		-	35."Pediatric medical marijuana" means a medical marijuana product containing cannabidiol
197		-	which may not contain a maximum concentration or amount of tetrahydrocannabinol of more
198		-	than six percent. H. B. NO. 1203 - PAGE 6
199		-	36."Physician" means a physician licensed under chapter 43-17 to practice medicine in the state
200		-	of North Dakota.
201		-	37."Physician assistant" means an individual licensed under chapter 43-17 to practice as a
202		-	physician assistant in the state.
203		-	38."Posttraumatic stress disorder" means a patient meets the diagnostic criteria for posttraumatic
204		-	stress disorder under the "Diagnostic and Statistical Manual of Mental Disorders", American
205		-	psychiatric association, fifth edition, text revision (2013).
206		-	39."Processing" or "process" means the compounding or conversion of marijuana into a medical
207		-	marijuana product.
208		-	40."Producing", "produce", or "production" mean the planting, cultivating, growing, trimming, or
209		-	harvesting of the plant of the genus cannabis or the drying of the leaves or flowers of the plant
210		-	of the genus cannabis.
211		-	41."Qualifying patient" means an individual who has been diagnosed by a health care provider as
212		-	having a debilitating medical condition.
213		-	42."Registry identification card" means a document issued by the department which identifies an
214		-	individual as a registered qualifying patient, registered designated caregiver, or registered
215		-	compassion center agent.
	387	+	32."North Dakota identification" means a North Dakota driver's license or comparable
	388	+	state of North Dakota or federal issued photo identification card verifying North Dakota
	389	+	residence.
	390	+	33."Owner" means an individual or an organization with an ownership interest in a
	391	+	compassion center.
	392	+	34."Ownership interest" means an aggregate ownership interest of five percent or more in
	393	+	a compassion center, unless the interest is solely a security, lien, or encumbrance, or
	394	+	an individual who will be participating in the direction, control, or management of the
	395	+	compassion center.
	396	+	35."Pediatric medical marijuana" means a medical marijuana product containing
	397	+	cannabidiol which may not contain a maximum concentration or amount of
	398	+	tetrahydrocannabinol of more than six percent.
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	431	+	36."Physician" means a physician licensed under chapter 43-17 to practice medicine in
	432	+	the state of North Dakota.
	433	+	37."Physician assistant" means an individual licensed under chapter 43-17 to practice as
	434	+	a physician assistant in the state.
	435	+	38."Posttraumatic stress disorder" means a patient meets the diagnostic criteria for
	436	+	posttraumatic stress disorder under the "Diagnostic and Statistical Manual of Mental
	437	+	Disorders", American psychiatric association, fifth edition, text revision (2013).
	438	+	39."Processing" or "process" means the compounding or conversion of marijuana into a
	439	+	medical marijuana product.
	440	+	40."Producing", "produce", or "production" mean the planting, cultivating, growing,
	441	+	trimming, or harvesting of the plant of the genus cannabis or the drying of the leaves
	442	+	or flowers of the plant of the genus cannabis.
	443	+	41."Qualifying patient" means an individual who has been diagnosed by a health care
	444	+	provider as having a debilitating medical condition.
	445	+	42."Registry identification card" means a document issued by the department which
	446	+	identifies an individual as a registered qualifying patient, registered designated
	447	+	caregiver, or registered compassion center agent.
216	448		43."Substantial corporate change" means:
217		-	a.For a corporation, a change of ten percent or more of the officers or directors, or a
218		-	transfer of ten percent or more of the stock of the corporation, or an existing ~~stockholder~~
219		-	obtaining ten percent or more of the stock of the corporation;
	449	+	a.For a corporation, a change of ten percent or more of the officers or directors, or
	450	+	a transfer of ten percent or more of the stock of the corporation, or an existing
	451	+	stockholder obtaining ten percent or more of the stock of the corporation;
220	452		b.For a limited liability company, a change of ten percent or more of the managing
221		-	members of the company, or a transfer of ten percent or more of the ownership ~~interest in~~
222		-	the company, or an existing member obtaining a cumulative of ten ~~percent or more of the~~
223		-	ownership interest in the company; or
224		-	c.For a partnership, a change of ten percent or more of the managing partners of ~~the~~
225		-	company, or a transfer of ten percent or more of the ownership interest in the ~~company,~~
226		-	or an existing member obtaining a cumulative of ten percent or more of ~~the ownership~~
227		-	interest in the company.
	453	+	members of the company, or a transfer of ten percent or more of the ownership
	454	+	interest in the company, or an existing member obtaining a cumulative of ten
	455	+	percent or more of the ownership interest in the company; or
	456	+	c.For a partnership, a change of ten percent or more of the managing partners of
	457	+	the company, or a transfer of ten percent or more of the ownership interest in the
	458	+	company, or an existing member obtaining a cumulative of ten percent or more of
	459	+	the ownership interest in the company.
228	460		44."Terminal illness" means a disease, illness, or condition of a patient:
229	461		a.For which there is not a reasonable medical expectation of recovery;
230		-	b.Which as a medical probability, will result in the death of the patient, regardless of the
231		-	use or discontinuance of medical treatment implemented for the purpose of sustaining
232		-	life or the life processes; and
233		-	c.As a result of which, the patient's health care provider would not be surprised if death
234		-	were to occur within six months.
235		-	45."Tetrahydrocannabinol" means tetrahydrocannabinols naturally contained in a plant of the
236		-	genus cannabis, and synthetic equivalents of the substances contained in the cannabis plant,
237		-	or in the resinous extractives of the plant, including synthetic substances, derivatives, and
238		-	their isomers with similar chemical structure and pharmacological activity to those substances
239		-	contained in the plant, including:
240		-	a.(1)Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other names:
241		-	Delta-9-tetrahydrocannabinol. H. B. NO. 1203 - PAGE 7
242		-	(2)Delta-6 or trans tetrahydrocannabinol, and their optical isomers. Other names:
243		-	Delta-8 tetrahydrocannabinol.
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	495	+	b.Which as a medical probability, will result in the death of the patient, regardless of
	496	+	the use or discontinuance of medical treatment implemented for the purpose of
	497	+	sustaining life or the life processes; and
	498	+	c.As a result of which, the patient's health care provider would not be surprised if
	499	+	death were to occur within six months.
	500	+	45."Tetrahydrocannabinol" means tetrahydrocannabinols naturally contained in a plant of
	501	+	the genus cannabis, and synthetic equivalents of the substances contained in the
	502	+	cannabis plant, or in the resinous extractives of the plant, including synthetic
	503	+	substances, derivatives, and their isomers with similar chemical structure and
	504	+	pharmacological activity to those substances contained in the plant, including:
	505	+	a.(1)Delta-1 cis or trans tetrahydrocannabinol, and their optical isomers. Other
	506	+	names: Delta-9-tetrahydrocannabinol.
	507	+	(2)Delta-6 or trans tetrahydrocannabinol, and their optical isomers. Other
	508	+	names: Delta-8 tetrahydrocannabinol.
244	509		(3)Delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.
245		-	(Since nomenclature of these substances is not intentionally standardized, compounds of
246		-	these structures, regardless of numerical designation or atomic positions covered.)
	510	+	(Since nomenclature of these substances is not intentionally standardized, compounds
	511	+	of these structures, regardless of numerical designation or atomic positions covered.)
247	512		b.Tetrahydrocannabinol does not include:
248		-	(1)The allowable amount of total tetrahydrocannabinol found in hemp as defined in
249		-	chapter 4.1-18.1; or
250		-	(2)A prescription drug approved by the United States food and drug administration
251		-	under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355].
	513	+	(1)The allowable amount of total tetrahydrocannabinol found in hemp as
	514	+	defined in chapter 4.1-18.1; or
	515	+	(2)A prescription drug approved by the United States food and drug
	516	+	administration under section 505 of the Federal Food, Drug, and Cosmetic
	517	+	Act [21 U.S.C. 355].
252	518		46."Total tetrahydrocannabinol" means the sum of the percentage by weight of
253		-	tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the
254		-	percentage of weight of tetrahydrocannabinol.
255		-	47."Usable marijuana" means a medical marijuana product or the dried leaves or flowers of the
256		-	plant of the genus cannabis in a combustible delivery form. However, the term does not
257		-	include a cannabinoid edible product. In the case of a registered qualifying patient who is a
258		-	minor, "usable marijuana" is limited to pediatric medical marijuana.
	519	+	tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths
	520	+	plus the percentage of weight of tetrahydrocannabinol.
	521	+	47."Usable marijuana" means a medical marijuana product or the dried leaves or flowers
	522	+	of the plant of the genus cannabis in a combustible delivery form. However, the term
	523	+	does not include a cannabinoid edible product. In the case of a registered qualifying
	524	+	patient who is a minor, "usable marijuana" is limited to pediatric medical marijuana.
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259	557		48."Verification system" means the system maintained by the department under section
260	558		19-24.1-31 for verification of registry identification cards.
261		-	49."Written certification" means a form established by the department which is executed, ~~dated,~~
262		-	and signed by a health care provider within ninety calendar days of the date of ~~application,~~
263		-	stating the patient has a debilitating medical condition. A health care ~~provider may authorize~~
264		-	an enhanced amount of dried leaves or flowers of the plant of ~~the genus cannabis in a~~
265		-	combustible delivery form to treat or alleviate the patient's ~~debilitating medical condition of~~
266		-	cancer. A written certification may not be made except ~~in the course of a bona fide~~
267		-	provider-patient relationship.
268		-	SECTION 2. Section 19-24.1-24.1 of the North Dakota Century Code is created and ~~enacted as~~
269		-	follows:
	559	+	49."Written certification" means a form established by the department which is executed,
	560	+	dated, and signed by a health care provider within ninety calendar days of the date of
	561	+	application, stating the patient has a debilitating medical condition. A health care
	562	+	provider may authorize an enhanced amount of dried leaves or flowers of the plant of
	563	+	the genus cannabis in a combustible delivery form to treat or alleviate the patient's
	564	+	debilitating medical condition of cancer. A written certification may not be made except
	565	+	in the course of a bona fide provider-patient relationship.
	566	+	SECTION 2. Section 19-24.1-24.1 of the North Dakota Century Code is created and
	567	+	enacted as follows:
270	568		19-24.1-24.1. Compassion centers - Cannabinoid edible products.
271	569		1.A manufacturing facility may not manufacture a cannabinoid edible product unless the
272	570		manufacturing facility has received the prior approval of the department.
273	571		2.A dispensary may not possess, market, or sell a cannabinoid edible product unless the
274	572		dispensary has received the prior approval of the department.
275		-	3.The department may not approve the manufacturing, possession, marketing, or sale of a
276		-	cannabinoid edible product unless the department has reviewed and approved the form,
277		-	manufacturing, packaging, labeling, and marketing of the cannabinoid edible product.
278		-	a.Packaging of a cannabinoid edible product must be resealable, must be child resistant,
279		-	and may not be transparent. The maximum concentration or amount of
280		-	tetrahydrocannabinol permitted in a package is fifty milligrams.
281		-	b.Labeling of a cannabinoid edible product must be in black arial font which provides the
282		-	name of the product, manufacturer's information, ingredient list, milligrams of
283		-	tetrahydrocannabinol per serving, and number of servings per package. The labeling may
284		-	not include an image other than text. H. B. NO. 1203 - PAGE 8
	573	+	3.The department may not approve the manufacturing, possession, marketing, or sale of
	574	+	a cannabinoid edible product unless the department has reviewed and approved the
	575	+	form, manufacturing, packaging, labeling, and marketing of the cannabinoid edible
	576	+	product.
	577	+	a.Packaging of a cannabinoid edible product must be resealable, must be child
	578	+	resistant, and may not be transparent. The maximum concentration or amount of
	579	+	tetrahydrocannabinol permitted in a package is one hundred fifty milligrams.
	580	+	b.Labeling of a cannabinoid edible product must be in black arial font which
	581	+	provides the name of the product, manufacturer's information, ingredient list,
	582	+	milligrams of tetrahydrocannabinol per serving, and number of servings per
	583	+	package. The labeling may not include an image other than text.
285	584		c.Marketing may not target market to minors.
286		-	SECTION 3. A new subsection to section 19-24.1-36 of the North Dakota Century Code is created
287		-	and enacted as follows:
288		-	The department shall adopt rules to regulate the form, manufacturing, packaging, labeling,
289		-	and marketing of a cannabinoid edible product. The rules must prohibit the marketing of a
290		-	cannabinoid edible product to a minor. H. B. NO. 1203 - PAGE 9
291		-	____________________________ ____________________________
292		-	Speaker of the House President of the Senate
293		-	____________________________ ____________________________
294		-	Chief Clerk of the House Secretary of the Senate
295		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
296		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1203.
297		-	House Vote: Yeas 70 Nays 21 Absent 3
298		-	Senate Vote:Yeas 42 Nays 3 Absent 2
299		-	____________________________
300		-	Chief Clerk of the House
301		-	Received by the Governor at ________M. on _____________________________________, 2025.
302		-	Approved at ________M. on __________________________________________________, 2025.
303		-	____________________________
304		-	Governor
305		-	Filed in this office this ___________day of _______________________________________, 2025,
306		-	at ________ o’clock ________M.
307		-	____________________________
308		-	Secretary of State
	585	+	SECTION 3. A new subsection to section 19-24.1-36 of the North Dakota Century Code is
	586	+	created and enacted as follows:
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	619	+	The department shall adopt rules to regulate the form, manufacturing, packaging,
	620	+	labeling, and marketing of a cannabinoid edible product. The rules must prohibit the
	621	+	marketing of a cannabinoid edible product to a minor.
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