N.D. Cent. Code § 19-24.1-03

Current through 2023 Legislative Sessions
Section 19-24.1-03 - Qualifying patients - Registration
1. A qualifying patient is not eligible to purchase, use, or possess usable marijuana under the medical marijuana program unless the qualifying patient has a valid registry identification card.
2. A qualifying patient application for a registry identification card is complete and eligible for review if an applicant submits to the department:
a. A nonrefundable application fee in an amount not to exceed twenty-five dollars.
b. An original written certification, which must include:
(1) The name, address, and telephone number of the practice location of the applicant's health care provider;
(2) The health care provider's North Dakota license number;
(3) The health care provider's medical or nursing specialty;
(4) The applicant's name and date of birth;
(5) The applicant's debilitating medical condition and the medical justification for the health care provider's certification of the patient's debilitating medical condition;
(6) Attestation the written certification is made in the course of a bona fide provider-patient relationship;
(7) Whether the health care provider authorizes the patient to use an enhanced amount of the 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; and
(8) The health care provider's signature and the date.
c. An original qualifying patient application for a registry identification card form established by the department which must include all of the following:
(1) The applicant's name, address, and date of birth.
(2) The name, address, and date of birth of the applicant's proposed designated caregiver, if any.
(3) A photographic copy of the applicant's North Dakota identification. The North Dakota identification must be available for inspection and verification upon request of the department. If the applicant is a minor, a certified copy of a birth record or a photographic copy of the minor's North Dakota identification is required.
(4) The applicant's or guardian's signature and the date, or in the case of a minor, the signature of the minor's parent or legal guardian with responsibility for health care decisions and the date.
(5) A disclosure that possession of a firearm by a person who possesses marijuana may be a violation of federal law.
d. A signed consent for release of medical information related to the applicant's debilitating medical condition, on a form provided by the department.
e. A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the applicant.
f. Any other information or material required by rule adopted under this chapter.
3. If the applicant is unable to submit the required application information due to age or medical condition, the individual responsible for making medical decisions for the applicant may submit the application on behalf of the applicant. The individual responsible for making medical decisions:
a. Must be identified on the qualifying patient application for a registry identification card; and
b. Shall provide a photographic copy of the individual's department-approved identification. The identification must be available for inspection and verification upon the request of the department.
4. If the applicant is a minor, the department may waive the application or renewal fee if:
a. The parent or legal guardian of the applicant is the applicant's registered designated caregiver; and
b. The applicant resides with the applicant's registered designated caregiver.

N.D.C.C. § 19-24.1-03

Amended by S.L. 2023, ch. 215 (SB 2201),§ 1, eff. 7/1/2023.
Amended by S.L. 2021 , ch. 172( HB 1213 ), § 10, eff. 5/3/2021.
Amended by S.L. 2019 , ch. 190( HB 1417 ), § 4, eff. 4/24/2019.
Amended by S.L. 2019 , ch. 193( HB 1283 ), § 2, eff. 4/24/2019.
Amended by S.L. 2019 , ch. 191( HB 1119 ), § 3, eff. 4/24/2019.
Added by S.L. 2017 , ch. 171( SB 2344 ), § 1, eff. 4/18/2017.