§ 19-24.1-05 — Qualifying patients and designated caregivers - Identification cards - Issuance and denial

North Dakota § 19-24.1-05

• Jurisdiction: North Dakota
• Title 19: Foods, Drugs, Oils, and Compounds
• Ch. 19-24.1: Medical Marijuana

Text

Issuance and denial.
1. Upon receipt of a complete application for or renewal of a qualifying patient or
designated caregiver registry identification card, the department shall verify the
submitted information.
2. The verification methods used by the department on an application or renewal and
accompanying documentation may include:
a. Contacting an applicant by telephone or mail, or if proof of identity is uncertain,
the department shall require a face-to-face meeting and the production of
additional identification materials;
b. Contacting the North Dakota board of medicine or North Dakota board of nursing
to verify the certifying health care provider is licensed in the state and is in good
standing; and
c. Contacting the health care provider to obtain additional documentation verifying
the qualifying patient applicant's medical diagnosis and medical condition qualify
the applicant for participation in the medical marijuana program.
3. Upon verification of the information contained in an application or renewal, the
department shall approve or deny the application or renewal.
4. Except as provided in subsection 5, the department shall issue a registry identification
card within thirty calendar days of approving an application or renewal. A designated
caregiver must have a registry identification card for each of the designated caregiver's
registered qualifying patients.

5. The department may not issue a registry identification card to a qualifying patient who
is a minor unless:
a. The department receives documentation the minor's health care provider has
explained to the parent or legal guardian with responsibility for health care
decisions for the minor the potential risks of the use of pediatric medical
marijuana; and
b. The department receives documentation the parent or legal guardian with
responsibility for health care decisions for the minor consents in writing to:
(1) Allow the minor's use of pediatric medical marijuana to treat or alleviate the
debilitating medical condition;
(2) Serve as the minor's designated caregiver or identifies a registered
designated caregiver to act as the minor's designated caregiver;
(3) Control the acquisition of usable marijuana and control the dosage and
frequency of the use of usable marijuana by the minor; and
(4) If serving as the minor's designated caregiver, prevent the minor from
accessing the usable marijuana by storing the usable marijuana in an
enclosed, locked facility.
6. If the department denies an application or renewal, the applicant may not reapply for
one year from the date of the denial, unless otherwise authorized by the department,
and the applicant is prohibited from all lawful privileges provided under this chapter.
7. The department shall deny an application for or renewal of a qualifying patient's
registry identification card if the applicant:
a. Does not meet the requirements of this section or section 19-24.1-03;
b. Did not provide the required information and materials;
c. Previously had a registry identification card revoked which involved unauthorized
minor transfer, use, or access to usable marijuana or the use of usable marijuana
which allowed the smoke or vapor to be inhaled by a minor;
d. Provided false or falsified information or made a material misstatement; or
e. Previously had a registry identification card revoked three times.
8. The department shall deny an application for or renewal of a designated caregiver
registry identification card if the designated caregiver applicant:
a. Does not meet the requirements of this section or section 19-24.1-04;
b. Did not provide the required information and materials;
c. Previously had a registry identification card revoked which involved unauthorized
minor transfer, use, or access to usable marijuana or the use of usable marijuana
which allowed the smoke or vapor to be inhaled by a minor;
d. Provided false or falsified information or made a material misstatement; or
e. Previously had a registry identification card revoked three times.
9. Notwithstanding subsection 8, the department shall deny an application for or renewal
of a qualifying patient or designated caregiver registry identification card for one year
from the date of an initial revocation and five years from the date of a second
revocation.
10. A registered qualifying patient may have no more than five registered designated
caregivers.
11. The department shall notify, in writing, the qualifying patient or designated caregiver
applicant of the reason for denying an application or renewal.
12. The department shall notify the following in writing:
a. A registered qualifying patient if that patient's designated caregiver's application
or renewal is denied; and
b. A registered designated caregiver if that caregiver's qualifying patient's
application or renewal is denied.
13. The cardholder may appeal a denial or revocation of a registry identification card,
within thirty days after notice has been given, to the district court of Burleigh County for
hearing. The court may authorize the cardholder to appear by reliable electronic
means.