N.D. Cent. Code § 19-24.1-05 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-05
19-24.1-05. Qualifying patients and designated caregivers - Identification cards - Issuance and denial
Status: in_force

19-24.1-05. Qualifying patients and designated caregivers - Identification cards -

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.
N.D. Cent. Code § 19-03.1-11 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-11
19-03.1-11. Schedule IV
Status: in_force

19-03.1-11. Schedule IV

1. The controlled substances listed in this section are included in schedule IV.

2. Schedule IV consists of the drugs and other substances, by whatever official name,

common or usual name, chemical name, or brand name designated, listed in this

section.

3. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation containing any of the following narcotic

drugs or their salts calculated as the free anhydrous base or alkaloid, in limited

quantities as set forth below:

a. Not more than 1 milligram of difenoxin and not less than 25 micrograms of

atropine sulfate per dosage unit.

b. Dextropropoxyphene (also known as alpha-(+)-4-dimethylamino- 1,2-diphenyl-3-

methyl-2-propionoxybutane).

c. 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and

geometric isomers and salts of these isomers including Tramadol.

4. Depressants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation containing any quantity of the following

substances, including their salts, isomers, and salts of isomers whenever the

existence of those salts, isomers, and salts of isomers is possible within the specific

chemical designation:

a. Alprazolam.

b. Alfaxalone.

c. Barbital.

d. Brexanolone.

e. Bromazepam.

f. Camazepam.

g. Carisoprodol.

h. Chloral betaine.

i. Chloral hydrate.

j. Chlordiazepoxide.

k. Clobazam.

l. Clonazepam.

m. Clorazepate.

n. Clotiazepam.

o. Cloxazolam.

p. Daridorexant.

q. Delorazepam.

r. Diazepam.

s. Dichloralphenazone.

t. Estazolam.

u. Ethchlorvynol.

v. Ethinamate.

w. Ethyl loflazepate.

x. Fludiazepam.

y. Flunitrazepam.

z. Flurazepam.

aa. Fospropofol.

bb. Halazepam.

cc. Haloxazolam.

dd. Indiplon.

ee. Ketazolam.

ff. Lemborexant.

gg. Loprazolam.

hh. Lorazepam.

ii. Lorcaserin.

jj. Lormetazepam.

kk. Mebutamate.

ll. Medazepam.

mm. Meprobamate.

nn. Methohexital.

oo. Methylphenobarbital (also known as mephobarbital).

pp. Midazolam.

qq. Nimetazepam.

rr. Nitrazepam.

ss. Nordiazepam.

tt. Oxazepam.

uu. Oxazolam.

vv. Paraldehyde.

ww. Petrichloral.

xx. Phenobarbital.

yy. Pinazepam.

zz. Propofol.

aaa. Prazepam.

bbb. Quazepam.

ccc. Remimazolam.

ddd. Suvorexant.

eee. Temazepam.

fff. Tetrazepam.

ggg. Triazolam.

hhh. Zaleplon.

iii. Zolpidem.

jjj. Zopiclone.

kkk. Zuranolone.

5. Stimulants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which contains any quantity of the

following substances having a stimulant effect on the central nervous system, including

its salts, isomers, and salts of isomers:

a. Cathine.

b. Diethylpropion.

c. Fencamfamin.

d. Fenproporex.

e. Mazindol.

f. Mefenorex.

g. Modafinil.

h. Pemoline (including organometallic complexes and chelates thereof).

i. Phentermine.

j. Pipradrol.

k. Serdexmethylphenidate.

l. Sibutramine.

m. Solriamfetol.

n. SPA ((-)-1-dimethylamino-1, 2-diphenylethane).

6. Other substances. Unless specifically excepted or unless listed in another schedule,

any material, compound, mixture, or preparation which contains any quantity of:

a. Pentazocine, including its salts.

b. Butorphanol, including its optical isomers.

c. Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-

oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-

methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and

salts of isomers.

7. Hallucinogenic substances. Pharmaceutical composition of crystalline polymorph

psilocybin, known as COMP360 or any such trade name approved for COMP360 by

the United States food and drug administration.

8. The board may except by rule any compound, mixture, or preparation containing any

depressant substance listed in subsection 2 from the application of all or any part of

this chapter if the compound, mixture, or preparation contains one or more active

medicinal ingredients not having a depressant effect on the central nervous system,

and if the admixtures are included therein in combinations, quantity, proportion, or

concentration that vitiate the potential for abuse of the substances which have a

depressant effect on the central nervous system.
N.D. Cent. Code § 19-03.1-23 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-23
19-03.1-23. Prohibited acts - Penalties
Status: in_force

19-03.1-23. Prohibited acts - Penalties

1. Except as authorized by this chapter, it is unlawful for a person to willfully, as defined in

section 12.1-02-02, manufacture, deliver, or possess with intent to manufacture or

deliver, a controlled substance, or to deliver, distribute, or dispense a controlled

substance by means of the internet, but a person who violates section 12-46-24 or

12-47-21 may not be prosecuted under this subsection. A person who violates this

subsection with respect to:

a. A controlled substance classified in schedule I or II which is a narcotic drug, or

methamphetamine, is guilty of a class B felony.

b. Any other controlled substance classified in schedule I, II, or III, or a controlled

substance analog, except marijuana or tetrahydrocannabinol is guilty of a class B

felony.

c. Marijuana, tetrahydrocannabinol, or a substance classified in schedule IV, is guilty

of a class C felony.

d. A substance classified in schedule V, is guilty of a class A misdemeanor.

2. A prior misdemeanor conviction under subsection 7 or a prior conviction under

subsection 3 or 4 of section 19-03.4-03 may not be considered a prior offense under

subsection 1.

3. Except as authorized by this chapter, it is unlawful for any person to willfully, as defined

in section 12.1-02-02, create, deliver, distribute, or dispense a counterfeit substance

by means of the internet or any other means, or possess with intent to deliver, a

counterfeit substance by means of the internet or any other means, but any person

who violates section 12-46-24 or 12-47-21 may not be prosecuted under this

subsection. Any person who violates this subsection with respect to:

a. A counterfeit substance classified in schedule I, II, or III, is guilty of a class B

felony.

b. A counterfeit substance classified in schedule IV, is guilty of a class C felony.

c. A counterfeit substance classified in schedule V, is guilty of a class A

misdemeanor.

4. A person at least eighteen years of age who solicits, induces, intimidates, employs,

hires, or uses a person under eighteen years of age to aid or assist in the

manufacture, delivery, or possession with intent to manufacture or deliver a controlled

substance for the purpose of receiving consideration or payment for the manufacture

or delivery of any controlled substance is guilty of a class B felony. It is not a defense

to a violation of this subsection that the defendant did not know the age of a person

protected under this subsection.

5. Except for a prior conviction equivalent to a misdemeanor violation of subsection 7 or

a prior conviction under subsection 3 or 4 of section 19-03.4-03, a violation of this title

or a law of another state or the federal government which is equivalent to an offense

with respect to the manufacture, delivery, or intent to deliver a controlled substance

under this title committed while the offender was an adult and which resulted in a plea

or finding of guilt must be considered a prior offense under subsection 1. The prior

offense must be alleged in the complaint, information, or indictment. The plea or

finding of guilt for the prior offense must have occurred before the date of the

commission of the offense or offenses charged in the complaint, information, or

indictment.

6. It is unlawful for a person to willfully, as defined in section 12.1-02-02:

a. Serve as an agent, intermediary, or other entity that causes the internet to be

used to bring together a buyer and seller to engage in the delivery, distribution, or

dispensing of a controlled substance in a manner not authorized by this chapter;

or

b. Offer to fill or refill a prescription for a controlled substance based solely on a

consumer's completion of an online medical questionnaire.

A person who violates this subsection is guilty of a class C felony.

7. a. It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess

a controlled substance or a controlled substance analog unless the substance

was obtained directly from, or pursuant to, a valid prescription or order of a

practitioner while acting in the course of the practitioner's professional practice, or

except as otherwise authorized by this chapter, but any person who violates

section 12-46-24 or 12-47-21 may not be prosecuted under this subsection.

b. Except as otherwise provided in this subsection, any person who violates this

subsection is guilty of a class A misdemeanor for the first offense. If a person is

convicted of a second or subsequent offense not related to marijuana or

tetrahydrocannabinol under this section or chapter 19-03.2, 19-03.3, or 19-03.4,

or an equivalent offense from another court in the United States, the violation is a

class C felony.

c. If, at the time of the offense the person is in or on the real property comprising a

public or private elementary or secondary school or a public career and technical

education school, the person is guilty of a class B felony, unless the offense

involves marijuana or tetrahydrocannabinol.

d. A person who violates this subsection by possessing:

(1) Marijuana:

(a) In an amount of less than one-half ounce [14.175 grams] is guilty of an

infraction.

(b) At least one-half ounce [14.175 grams] but not more than 500 grams

of marijuana is guilty of a class B misdemeanor.

(c) More than 500 grams of marijuana is guilty of a class A misdemeanor.

(2) Tetrahydrocannabinol:

(a) In an amount less than two grams is guilty of an infraction.

(b) At least two grams but not more than six grams of

tetrahydrocannabinol is guilty of a class B misdemeanor.

(c) More than six grams of tetrahydrocannabinol is guilty of a class A

misdemeanor.

e. If an individual is sentenced to the legal and physical custody of the department

of corrections and rehabilitation under this subsection, the department may place

the individual in a drug and alcohol treatment program designated by the

department. Upon the successful completion of the drug and alcohol treatment

program, the department shall release the individual from imprisonment to begin

any court-ordered period of probation.

f. If the individual is not subject to any court-ordered probation, the court shall order

the individual to serve the remainder of the sentence of imprisonment on

supervised probation subject to the terms and conditions imposed by the court.

g. Probation under this subsection may include placement in another facility,

treatment program, treatment court, mental health court, or veterans treatment

docket. If an individual is placed in another facility or treatment program upon

release from imprisonment, the remainder of the sentence must be considered as

time spent in custody.

h. An individual incarcerated under this subsection as a result of a second probation

revocation is not eligible for release from imprisonment upon the successful

completion of treatment.

i. A person who violates this subsection regarding possession of five or fewer

capsules, pills, or tablets of a schedule II, III, IV, or V controlled substance or

controlled substance analog is guilty of a class A misdemeanor. If a person is

convicted of a second or subsequent offense not related to marijuana or

tetrahydrocannabinol under this section or chapter 19-03.2, 19-03.3, or 19-03.4,

or an equivalent offense from another court in the United States, the violation is a

class C felony.

8. Except as provided by section 19-03.1-45, a court may order a person who violates

this chapter or chapter 19-03.4 to undergo a drug addiction evaluation by a licensed

addiction counselor. The evaluation must indicate the prospects for rehabilitation and

whether addiction treatment is required. If ordered, the evaluation must be submitted

to the court before imposing punishment for a felony violation or a misdemeanor

violation.

9. If a person pleads guilty or is found guilty of a first offense regarding possession of one

ounce [28.35 grams] or less of marijuana or two grams or less of tetrahydrocannabinol

and a judgment of guilt is entered, a court, upon motion, shall seal the court record of

that conviction if the person is not subsequently convicted within two years of a further

violation of this chapter. Once sealed, the court record may not be opened even by

order of the court.

10. Upon successful completion of a treatment court program, mental health court

program, or veterans treatment docket, a person who has been convicted of a felony

under this section and sentenced to treatment court, mental health court, or veterans

treatment docket is deemed to have been convicted of a misdemeanor.

11. If a person convicted of a misdemeanor under this section is sentenced to treatment

court, mental health court, or veterans treatment docket and successfully completes a

treatment court program, mental health court, or veterans treatment docket, the court

shall dismiss the case and seal the file in accordance with section 12.1-32-07.2.

12. If an individual under the age of twenty-one pleads guilty or is found guilty of a first

offense regarding possession of one-half ounce [14.175 grams] or less of marijuana,

the court also may sentence the individual to an evidence-based alcohol and drug

education program operated under rules adopted by the department of health and

human services under section 50-06-44. For a second or subsequent offense

regarding possession of one-half ounce [14.175 grams] or less of marijuana, the court

also shall sentence the individual to an evidence-based alcohol and drug education

program operated under rules adopted by the department of health and human

services under section 50-06-44.
N.D. Cent. Code § 19-22.1-01 — ND Code / Title 19 / Chapter 19-22.1 / Section 19-22.1-01
19-22.1-01. Sale of artificially colored potatoes prohibited
Status: in_force

19-22.1-01. Sale of artificially colored potatoes prohibited

No person may sell at retail any potatoes which are artificially colored. For purposes of this

chapter, the terms defined in this section have the meanings therein ascribed to them.

1. "Person" means a natural person, partnership, corporation, limited liability company, or

other form of business association.

2. "Retail sale" means a transfer for value to a consumer.
N.D. Cent. Code § 19-03.1-22.1 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-22.1
19-03.1-22.1. Volatile chemicals - Inhalation of vapors prohibited - Definitions - Penalty
Status: in_force

19-03.1-22.1. Volatile chemicals - Inhalation of vapors prohibited - Definitions -

Penalty.

1. An individual is guilty of a class B misdemeanor if that individual intentionally inhales

the vapors of a volatile chemical in a manner designed to affect the individual's central

nervous system; to create or induce a condition of intoxication, hallucination, or

elation; or to distort, disturb, or change the individual's eyesight, thinking processes,

balance, or coordination. An individual is guilty of a class A misdemeanor if that

individual violates this section for a third or subsequent offense within one year of the

first offense. For a third or subsequent offense, the sentence must include an order for

an addiction evaluation by, and compliance with recommendations from, an

appropriate licensed addiction treatment program.

2. This section does not apply to inhalations specifically prescribed for medical, dental, or

optometric treatment purposes or to controlled substances described in this chapter.

For the purposes of this section, "volatile chemical" includes the following chemicals or

their isomers:

a. Acetone.

b. Aliphatic hydrocarbons.

c. Amyl nitrite.

d. Butane.

e. Butyl nitrite.

f. Carbon tetrachloride.

g. Chlorinated hydrocarbons.

h. Chlorofluorocarbons.

i. Chloroform.

j. Cyclohexane.

k. Diethyl ether.

l. Ethyl acetate.

m. Fluorocarbon.

n. Glycol ether inter solvent.

o. Glycol ether solvent.

p. Hexane.

q. Ketone solvent.

r. Methanol.

s. Methyl cellosolve acetate.

t. Methyl ethyl ketone.

u. Methyl isobutyl ketone.

v. Nitrous oxide.

w. Petroleum distillate.

x. Toluene.

y. Trichloroethane.

z. Trichloroethylene.

aa. Xylol or xylene.
N.D. Cent. Code § 19-03.1-22.3 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-22.3
19-03.1-22.3. Ingesting a controlled substance - Venue for violation - Penalty
Status: in_force

19-03.1-22.3. Ingesting a controlled substance - Venue for violation - Penalty

1. Except as provided in subsection 2, a person who intentionally ingests, inhales,

injects, or otherwise takes into the body a controlled substance, unless the substance

was obtained directly from a practitioner or pursuant to a valid prescription or order of

a practitioner while acting in the course of the practitioner's professional practice, is

guilty of a class A misdemeanor. This subsection does not apply to ingesting, inhaling,

injecting, or otherwise taking into the body marijuana or tetrahydrocannabinol.

2. A person who is under twenty-one years of age and intentionally ingests, inhales,

injects, or otherwise takes into the body a controlled substance that is marijuana or

tetrahydrocannabinol, unless the substance was medical marijuana obtained in

accordance with chapter 19-24.1, is guilty of a class B misdemeanor.

3. The venue for a violation of this section exists in either the jurisdiction in which the

controlled substance was ingested, inhaled, injected, or otherwise taken into the body

or the jurisdiction in which the controlled substance was detected in the body of the

accused.
N.D. Cent. Code § 19-03.1-41 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-41
19-03.1-41. Continuation of rules
Status: repealed

19-03.1-41. Continuation of rules

Any orders and rules promulgated under any law affected by this chapter in effect on July 1,

1971, and not in conflict with it continue in effect until modified, superseded, or repealed.
N.D. Cent. Code § 19-03.1-23.5 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-23.5
19-03.1-23.5. Fentanyl reporting - Report to legislative management - Fentanyl awareness campaign
Status: in_force

19-03.1-23.5. Fentanyl reporting - Report to legislative management - Fentanyl

awareness campaign.

1. By November first of each year, the department of health and human services shall

submit to the legislative management and the governor a written report summarizing

the number of deaths that occurred in the state caused by or related to fentanyl

consumption during the preceding calendar year, including the county in which the

deaths occurred and the age and gender of the deceased individuals.

2. The department of health and human services shall make the data reported under

subsection 1 available to the public by:

a. Making the information easily accessible on the department's government

website;

b. Publishing easily comprehensible printed materials on fentanyl awareness,

information, and resources;

c. Placing visible billboards in high-traffic areas to inform the public of the dangers

of fentanyl; and

d. Developing a media and social media campaign to expand statewide awareness

of fentanyl drug deaths and the fentanyl overdose epidemic occurring within the

state.
N.D. Cent. Code § 19-03.1-01.1 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-01.1
19-03.1-01.1. Board - Agreements - Gifts
Status: in_force

19-03.1-01.1. Board - Agreements - Gifts

1. In carrying out its duties under this chapter, the board shall consult with

representatives of each of the following interests: North Dakota board of medicine,

board of dental examiners, board of registry in podiatry, board of veterinary medical

examiners, board of nursing, the college of pharmacy, and the school of medicine.

2. To carry out its duties under this chapter, the board may enter into agreements or

memorandums of understanding with the interests named in subsection 1. Additionally,

the board may contract for and accept private contributions, gifts, and grants-in-aid

from the federal government, private industry, and other sources. The income received

from these sources must be spent for the purpose designated in the gift, grant, or

donation.
N.D. Cent. Code § 19-03.1-17 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-17
19-03.1-17. Registration
Status: in_force

19-03.1-17. Registration

1. The board shall register an applicant to manufacture or distribute controlled

substances included in sections 19-03.1-05, 19-03.1-07, 19-03.1-09, 19-03.1-11, and

19-03.1-13 unless it determines that the issuance of that registration would be

inconsistent with the public interest. In determining the public interest, the board shall

consider the following factors:

a. Maintenance of effective controls against diversion of controlled substances into

other than legitimate medical, scientific, or industrial channels;

b. Compliance with applicable state and local laws;

c. Any convictions of the applicant under any federal and state laws relating to any

controlled substance;

d. Past experience in the manufacture or distribution of controlled substances and

the existence in the applicant's establishment of effective controls against

diversion;

e. Furnishing by the applicant of false or fraudulent material in any application filed

under this chapter;

f. Suspension or revocation of the applicant's federal registration to manufacture,

distribute, or dispense controlled substances as authorized by federal law; and

g. Any other factors relevant to and consistent with the public health and safety.

2. Registration under subsection 1 does not entitle a registrant to manufacture and

distribute controlled substances in schedule I or II other than those specified in the

registration.

3. Practitioners must be registered to dispense any controlled substances or to conduct

research with controlled substances in schedules II through V if they are authorized to

dispense or conduct research under the laws of this state. The board need not require

separate registration under this chapter for practitioners engaging in research with

non-narcotic controlled substances in schedules II through V where the registrant is

already registered under this chapter in another capacity. Practitioners registered

under federal law to conduct research with schedule I substances may conduct

research with schedule I substances within this state upon furnishing the department

evidence of that federal registration.

4. Compliance by manufacturers and distributors with the provisions of the federal law

respecting registration (excluding fees) entitles them to be registered under this

chapter.
N.D. Cent. Code § 19-24.1-04.1 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-04.1
19-24.1-04.1. Designated caregivers - Criminal history record check exemption
Status: in_force

19-24.1-04.1. Designated caregivers - Criminal history record check exemption

The department may waive the requirement for a registered designated caregiver to obtain

a criminal history record check under section 12-60-24 if the registered designated caregiver is

solely assisting a registered qualifying patient whose debilitating medical condition is a terminal

illness or if the registered designated caregiver is solely assisting a registered qualifying patient

who is admitted into the hospice program. A registered designated caregiver seeking a waiver

under this section shall provide the department with a written statement attesting the caregiver

has not been convicted of a drug-related misdemeanor offense within the five years preceding

the date of application or a felony offense. If a waiver is issued under this section, the registered

designated caregiver's registry identification card is valid for a period not to exceed six months.
N.D. Cent. Code § 19-03.1-09 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-09
19-03.1-09. Schedule III
Status: in_force

19-03.1-09. Schedule III

1. The controlled substances listed in this section are included in schedule III.

2. Schedule III consists of the drugs and other substances, by whatever official name,

common or usual name, chemical name, or brand name designated, listed in this

section.

3. Stimulants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation which contains any quantity of the

following substances having a stimulant effect on the central nervous system, including

its salts, isomers (whether optical, position, or geometric), and salts of such isomers

whenever the existence of such salts, isomers, and salts of isomers is possible within

the specific chemical designation:

a. Those compounds, mixtures, or preparations in dosage unit form containing any

stimulant substances listed in schedule II and any other drug of the quantitative

composition shown in that schedule for those drugs or which is the same except

that it contains a lesser quantity of controlled substances.

b. Benzphetamine.

c. Chlorphentermine.

d. Clortermine.

e. Phendimetrazine.

4. Depressants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following

substances having a depressant effect on the central nervous system:

a. Any compound, mixture, or preparation containing:

(1) Amobarbital;

(2) Secobarbital;

(3) Pentobarbital;

or any salt thereof and one or more other active medicinal ingredients which are

not listed in any schedule.

b. Any suppository dosage form containing:

(1) Amobarbital;

(2) Secobarbital;

(3) Pentobarbital;

or any salt of any of these drugs and approved by the food and drug

administration for marketing only as a suppository.

c. Any substance that contains any quantity of a derivative of barbituric acid, or any

salt of a derivative of barbituric acid, except those substances which are

specifically listed in other schedules thereof.

d. Chlorhexadol.

e. Embutramide.

f. Gamma-hydroxybutyric acid in a United States food and drug administration-

approved drug product.

g. Ketamine.

h. Lysergic acid.

i. Lysergic acid amide.

j. Methyprylon.

k. Perampanel.

l. Sativex or its successor name as determined by the federal food and drug

administration.

m. Sulfondiethylmethane.

n. Sulfonethylmethane.

o. Sulfonmethane.

p. Tiletamine and zolazepam or any salt thereof. Some trade or other names for a

tiletamine-zolazepam combination product: Telazol. Some trade or other names

for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other

names for zolazepam: 4-2(2-fluorophenyl)-6, 8-dihydro-1,3,8-trimethylpyrazolo-

[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon.

5. Nalorphine.

6. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any of the following narcotic

drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited

quantities as set forth below:

a. (1) Not more than 1.80 grams of codeine per 100 milliliters or not more than

90 milligrams per dosage unit, with an equal or greater quantity of an

isoquinoline alkaloid of opium.

(2) Not more than 1.80 grams of codeine per 100 milliliters or not more than

90 milligrams per dosage unit, with one or more active, non-narcotic

ingredients in recognized therapeutic amounts.

(3) Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more

than 90 milligrams per dosage unit, with one or more active, non-narcotic

ingredients in recognized therapeutic amounts.

(4) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not

more than 15 milligrams per dosage unit, with one or more active,

non-narcotic ingredients in recognized therapeutic amounts.

(5) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams,

or not more than 25 milligrams per dosage unit, with one or more active,

non-narcotic ingredients in recognized therapeutic amounts.

(6) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams

with one or more active, non-narcotic ingredients in recognized therapeutic

amounts.

b. Buprenorphine.

7. Anabolic steroids. Unless specifically excepted or unless listed in another schedule,

any material, compound, mixture, or preparation that contains any quantity of the

following substances, including its salts, esters, and ethers:

a. 3beta,17-dihydroxy-5a-androstane;

b. 3alpha,17beta-dihydroxy-5a-androstane;

c. 5alpha-androstan-3,17-dione;

d. 5alpha-androstan-3,6,17-trione;

e. 1-androstenediol (3beta,17beta-dihydroxy-5alpha-androst-1-ene);

f. 1-androstenediol (3alpha,17beta-dihydroxy-5alpha-androst-1-ene);

g. 4-androstenediol (3beta,17beta-dihydroxyandrost-4-ene);

h. 5-androstenediol (3beta,17beta-dihydroxy-androst-5-ene);

i. 1-androstenedione ([5alpha]-androst-1-en-3,17-dione);

j. 4-androstenedione (androst-4-en-3,17-dione);

k. 5-androstenedione (androst-5-en-3,17-dione);

l. Bolasterone (7alpha,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);

m. Boldenone (17beta-hydroxyandrost-1,4,-diene-3-one);

n. Boldione (androsta-1,4-diene-3,17-dione);

o. 6-bromo-androsta-1,4-diene-3,17-dione;

p. 6-bromo-androstan-3,17-dione;

q. Calusterone (7beta,17alpha-dimethyl-17beta-hydroxyandrost-4-en-3-one);

r. 4-chloro-17alpha-methyl-androsta-1,4-diene-3,17beta-diol;

s. 4-chloro-17alpha-methyl-androst-4-ene-3beta,17beta-diol;

t. 4-chloro-17alpha-methyl-17beta-hydroxy-androst-4-en-3-one;

u. 4-chloro-17alpha-methyl-17beta-hydroxy-androst-4-ene-3,11-dione;

v. Clostebol (4-chloro-17beta-hydroxyandrost-4-en-3-one);

w. Dehydrochloromethyltestosterone (4-chloro-17beta-hydroxy-17alpha-methyl-

androst-1,4-dien-3-one);

x. Delta-1-dihydrotestosterone (also known as '1-testosterone') (17beta-hydroxy-

5alpha-androst-1-en-3-one);

y. Desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17beta-ol) (also known

as madol);

z. 4-dihydrotestosterone (17beta-hydroxy-androstan-3-one);

aa. 3beta,17beta-dihydroxy-5alpha-androstane;

bb. 3alpha,17beta-dihydroxy-5alpha-androstane;

cc. 2alpha,17alpha-dimethyl-17beta-hydroxy-5beta-androstan-3-one;

dd. Drostanolone (17beta-hydroxy-2alpha-methyl-5alpha-androstan-3-one);

ee. 2alpha,3alpha-epithio-17alpha-methyl-5alpha-androstan-17beta-ol;

ff. estra-4,9,11-triene-3,17-dione;

gg. 13beta-ethyl-17beta-hydroxygon-4-en-3-one;

hh. Ethylestrenol (17alpha-ethyl-17beta-hydroxyestr-4-ene);

ii. Fluoxymesterone (9-fluoro-17alpha-methyl-11beta, 17beta-dihydroxyandrost-4-

en-3-one);

jj. Formebolone (2-formyl-17alpha-methyl-11alpha, 17beta-dihydroxyandrost-1,4-

dien-3-one);

kk. Furazabol (17alpha-methyl-17beta-hydroxyandrostano[2,3-c]-furazan);

ll. [3,2-c]furazan-5alpha-androstan-17beta-ol;

mm. 18a-homo-3-hydroxy-estra-2,5(10)-dien-17-one;

nn. 4-hydroxy-androst-4-ene-3,17-dione;

oo. 17beta-hydroxy-androstano[2,3-d]isoxazole;

pp. 17beta-hydroxy-androstano[3,2-c]isoxazole;

qq. 3beta-hydroxy-estra-4,9,11-trien-17-one;

rr. 13beta-ethyl-17alpha-hydroxygon-4-en-3-one;

ss. 4-hydroxytestosterone (4,17beta-dihydroxy-androst-4-en-3-one);

tt. 4-hydroxy-19-nortestosterone (4,17beta-dihydroxy-estr-4-en-3-one);

uu. Mestanolone (17alpha-methyl-17beta-hydroxy-5alpha-androstan-3-one);

vv. Mesterolone (1alpha-methyl-17beta-hydroxy-[5alpha]-androstan-3-one);

ww. Methandienone (17alpha-methyl-17beta-dihydroxyandrost-1,4-dien-3-one);

xx. Methandriol (17alpha-methyl-3beta,17beta-dihydroxyandrost-5-ene);

yy. Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one);

zz. Methenolone (1-methyl-17beta-hydroxy-5alpha-androst-1-en-3-one);

aaa. 17alpha-methyl-androsta-1,4-diene-3,17beta-diol;

bbb. 17alpha-methyl-5alpha-androstan-17beta-ol;

ccc. 17alpha-methyl-androstan-3-hydroxyimine-17beta-ol;

ddd. 6alpha-methyl-androst-4-ene-3,17-dione;

eee. 17alpha-methyl-androst-2-ene-3,17beta-diol;

fff. 17alpha-methyl-3beta,17beta-dihydroxy-5a-androstane;

ggg. 17alpha-methyl-3alpha,17beta-dihydroxy-5a-androstane;

hhh. 17alpha-methyl-3beta,17beta-dihyroxyandrost-4-ene;

iii. 17alpha-methyl-4-hydroxynandrolone (17alpha-methyl-4-hydroxy-17beta-

hydroxyestr-4-en-3-one);

jjj. Methyldienolone (17alpha-methyl-17beta-hydroxyestra-4,9(10)-dien-3-one);

kkk. Methyltrienolone (17alpha-methyl-17beta-hydroxyestra-4,9(11)-trien-3-one);

lll. Methyltestosterone (17alpha-methyl-17beta-hydroxyandrost-4-en-3-one);

mmm. Mibolerone (7alpha,17alpha-dimethyl-17beta-hydroxyestr-4-en-3-one);

nnn. 17alpha-methyl-delta1-dihydrotestosterone (17bbeta-hydroxy-17alpha-methyl-

5alpha-androst-1-en-3-one) (also known as '17-alpha-methyl-1-testosterone');

ooo. Nandrolone (17beta-hydroxyestr-4-en-3-one);

ppp. 19-nor-4-androstenediol (3beta,17beta-dihydroxyestr-4-ene);

qqq. 19-nor-4-androstenediol (3alpha,17beta-dihydroxyestr-4-ene);

rrr. 19-nor-5-androstenediol (3beta,17beta-dihydroxyestr-5-ene);

sss. 19-nor-5-androstenediol (3alpha,17-beta-dihydroxyester-5-ene);

ttt. 19-nor-4-androstenedione (estr-4-en-3,17-dione);

uuu. 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);

vvv. 19-nor-5-androstenedione (estr-5-en-3,17-dione);

www. Norboletheone (13beta,17alpha-diethyl-17beta-hydroxygon-4-en-3-one);

xxx. Norclostebol (4-chloro-17beta-hydroxyestr-4-en-3-one);

yyy. Norethandrolone (17alpha-ethyl-17beta-hydroxyestr-4-en-3-one);

zzz. Normethandrolone (17alpha-methyl-17beta-hydroxyestr-4-en-3-one);

aaaa. Oxandrolone (17alpha-methyl-17beta-hydroxy-2-oxa-[5alpha]-androstan-3-one);

bbbb. Oxymesterone (17alpha-methyl-4-17beta-dihydroxyandrost-4-en-3-one);

cccc. Oxymetholone (17alpha-methyl-2-hydroxymethylene-17beta-hydroxy [5alpha]-

androstan-3-one);

dddd. [3,2-c]pyrazole-androst-4-en-17beta-ol;

eeee. Stanozolol (17alpha-methyl-17beta-hydroxy[5alpha]-androst-2-eno[3,2-c]-

pyrazole);

ffff. Stenbolone (17beta-hydroxy-2-methyl-[5alpha]-androst-1-en-3-one);

gggg. Prostanozol (17[beta]- hydroxy-5[alpha]-androstano[3,2-c]pyrazole);

hhhh. Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid

lactone);

iiii. Testosterone (17beta-hydroxyandrost-4-en-3-one);

jjjj. Tetrahydrogestrinone (13beta,17alpha-diethyl-17beta-hydroxygon-4,9,11-trien-3-

one); or

kkkk. Trenbolone (17beta-hydroxyestr-4,9,11-trien-3-one).

The term does not include an anabolic steroid that is expressly intended for

administration through implants to cattle or other nonhuman species and which has

been approved by the secretary of health and human services for administration

unless any person prescribes, dispenses, possesses, delivers, or distributes for

human use.

8. Hallucinogenic substances.

a. Dronabinol (synthetic) [(-)-delta-9-(trans)-tetrahydrocannabinol] in sesame oil and

encapsulated in a soft gelatin capsule in a United States food and drug

administration-approved drug product.

b. Any product in hard or soft gelatin capsule form containing natural dronabinol

(derived from the cannabis plant) or synthetic dronabinol (produced from

synthetic materials) in sesame oil, for which an abbreviated new drug application

has been approved by the food and drug administration under section 505(j) of

the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355(j)] which references as

its listed drug the drug product referred to in subdivision a.

9. The board may except by rule any compound, mixture, or preparation containing any

stimulant or depressant substance listed in subsections 3 and 4 from the application of

all or any part of this chapter if the compound, mixture, or preparation contains one or

more active medicinal ingredients not having a stimulant or depressant effect on the

central nervous system, and if the admixtures are included therein in combinations,

quantity, proportion, or concentration that vitiate the potential for abuse of the

substances which have a stimulant or depressant effect on the central nervous

system.
N.D. Cent. Code § 19-03.1-22.2 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-22.2
19-03.1-22.2. Endangerment of child or vulnerable adult
Status: in_force

19-03.1-22.2. Endangerment of child or vulnerable adult

1. For purposes of this section:

a. "Chemical substance" means a substance intended to be used as a precursor in

the manufacture of a controlled substance or any other chemical intended to be

used in the manufacture of a controlled substance. Intent under this subsection

may be demonstrated by the substance's use, quantity, manner of storage, or

proximity to other precursors or to manufacturing equipment.

b. "Child" means an individual who is under the age of eighteen years.

c. "Controlled substance" means the same as that term is defined in section

19-03.1-01, except the term does not include less than one-half ounce [14.175

grams] of marijuana or less than two grams of tetrahydrocannabinol.

d. "Drug paraphernalia" means the same as that term is defined in section

19-03.4-01.

e. "Prescription" means the same as that term is described in section 19-03.1-22.

f. "Vulnerable adult" means a vulnerable adult as the term is defined in section

50-25.2-01.

2. Unless a greater penalty is otherwise provided by law, a person who knowingly or

intentionally causes or permits a child or vulnerable adult to be exposed to, to ingest or

inhale, or to have contact with a controlled substance, chemical substance, or drug

paraphernalia as defined in subsection 1, is guilty of a class C felony.

3. Unless a greater penalty is otherwise provided by law, a person who violates

subsection 2, and a child or vulnerable adult actually suffers bodily injury by exposure

to, ingestion of, inhalation of, or contact with a controlled substance, chemical

substance, or drug paraphernalia, is guilty of a class B felony unless the exposure,

ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in

which case the person is guilty of a class A felony.

4. It is an affirmative defense to a violation of this section that the controlled substance

was provided by lawful prescription for the child or vulnerable adult and that it was

administered to the child or vulnerable adult in accordance with the prescription

instructions provided with the controlled substance.
N.D. Cent. Code § 19-03.1-34 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-34
19-03.1-34. Injunctions
Status: in_force

19-03.1-34. Injunctions

1. The district courts of this state shall have jurisdiction to restrain or enjoin violations of

this chapter.

2. The defendant may demand trial by jury for an alleged violation of an injunction or

restraining order under this section.
N.D. Cent. Code § 19-05.1-01 — ND Code / Title 19 / Chapter 19-05.1 / Section 19-05.1-01
19-05.1-01. Definitions
Status: in_force

19-05.1-01. Definitions

As used in this chapter:

1. "Gleaner" means a person that harvests for free distribution an agricultural crop that

has been donated by the owner.

2. "Perishable food" means any food that may spoil or otherwise become unfit for human

consumption because of its nature, type, or physical condition or any food not readily

marketable due to appearance, freshness, grade, surplus, or other considerations. The

term includes fresh or processed meats, poultry, seafood, dairy products, bakery

products, eggs in the shell, fresh fruits, or vegetables and foods that have been

packaged, canned, refrigerated, or frozen.
N.D. Cent. Code § 19-17-05 — ND Code / Title 19 / Chapter 19-17 / Section 19-17-05
19-17-05. Penalty
Status: in_force

19-17-05. Penalty

Any person who violates any of the provisions of this chapter or the orders, rules, or

regulations promulgated by the department under authority thereof, is, unless a specific penalty

has been provided, guilty of a class B misdemeanor.
N.D. Cent. Code § 19-02.1-15.1 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-15.1
19-02.1-15.1. Requirements for dispensing controlled substances and specified drugs - Penalty
Status: in_force

19-02.1-15.1. Requirements for dispensing controlled substances and specified drugs

- Penalty.

1. As used in this section:

a. "Controlled substance" has the meaning set forth in section 19-03.1-01.

b. "Deliver, distribute, or dispense by means of the internet" refers, respectively, to

delivery, distribution, or dispensing of a controlled substance or specified drug

that is caused or facilitated by means of the internet.

c. "In-person medical evaluation" means a medical evaluation that is conducted with

the patient in the physical presence of the practitioner, without regard to whether

portions of the evaluation are conducted by other practitioners, and must include

one of the following actions:

(1) The prescribing practitioner examines the patient at the time the prescription

or drug order is issued;

(2) The prescribing practitioner has performed a prior examination of the patient

within twelve months;

(3) Another prescribing practitioner practicing within the same health system,

group, or clinic as the prescribing practitioner has examined the patient

within twelve months;

(4) A consulting practitioner to whom the prescribing practitioner has referred

the patient has examined the patient within twelve months; or

(5) The referring practitioner has performed an examination in the case of a

consultant practitioner issuing a prescription or drug order when providing

services by means of telemedicine.

d. "Internet" and "practice of telemedicine" have the meanings set forth in the Ryan

Haight Online Pharmacy Consumer Protection Act of 2008 [Pub. L. 110-425; 21

U.S.C. 802-803].

e. "Specified drugs" mean:

(1) A skeletal muscle relaxant containing carisoprodol, chlorphenesin,

chlorzoxazone, metaxalone, or methocarbamol;

(2) A centrally acting analgesic with opioid activity such as tapentadol or

tramadol;

(3) A drug containing butalbital; and

(4) Phosphodiesterase type 5 inhibitors when used to treat erectile dysfunction.

f. "Valid prescription" means a prescription that is issued for a legitimate medical

purpose in the usual course of professional practice by a practitioner who has

conducted an in-person medical evaluation of the patient.

2. A controlled substance or specified drug may not be delivered, distributed, or

dispensed without a valid prescription. It is also unlawful for a person to knowingly or

intentionally aid or abet in these activities. An example of such an activity includes

knowingly or intentionally serving as an agent, intermediary, or other entity that causes

the internet to be used to bring together a buyer and seller to engage in the dispensing

of a controlled substance or specified drug.

3. This section applies to the delivery, distribution, and dispensing of a controlled

substance or specified drug by means of the internet or any other electronic means

from a location whether within or outside this state to a person or an address in this

state.

4. Nothing in this section may be construed:

a. To apply to the delivery, distribution, or dispensing of a controlled substance or

specified drug by a practitioner engaged in the practice of telemedicine in

accordance with applicable federal and state laws;

b. To prohibit or limit the use of electronic prescriptions for a controlled substance or

any other drug;

c. To prohibit a physician from prescribing a controlled substance or specified drug

through the use of a guideline or protocol established with an allied health

professional, resident, or medical student under the direction and supervision of

the physician;

d. To prohibit a practitioner from issuing a prescription or dispensing a controlled

substance or specified drug in accordance with administrative rules adopted by a

state agency authorizing expedited partner therapy in the management of a

sexually transmitted disease; or

e. To limit prescription, administration, or dispensing of a controlled substance or

specified drug through a distribution mechanism approved by the state health

officer in order to prevent, mitigate, or treat a pandemic illness, infectious disease

outbreak, or intentional or accidental release of a biological, chemical, or

radiological agent.

5. A person who violates this section is guilty of a class C felony.
N.D. Cent. Code § 19-04-04 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-04
19-04-04. Distribution of certain drugs and preparations prohibited - Penalty
Status: in_force

19-04-04. Distribution of certain drugs and preparations prohibited - Penalty

No person, for the purpose of advertising or inviting or suggesting the use of any such

article, may leave, throw, or deposit upon the doorstep or premises of another, or within the

dwelling, barn, or other building owned or occupied by another, without a special personal

request, samples or any quantities of any of the following preparations:

1. Patent or proprietary medicines; or

2. Any preparation, pill, tablet, powder, capsule, cosmetic, disinfectant, antiseptic, drug,

medicine, or condiment that contains poison or any ingredient that is deleterious to

health, or that contains an ingredient the name of which has to be printed upon the

label or to be disclosed otherwise under any law of this state or of the United States.

Any person who violates any provision of this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 19-24.1-13 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-13
19-24.1-13. Compassion centers - Authority
Status: in_force

19-24.1-13. Compassion centers - Authority

1. The activities of a manufacturing facility are limited to producing and processing and to

related activities, including acquiring, possessing, storing, transferring, and

transporting marijuana and usable marijuana, for the sole purpose of selling usable

marijuana to a dispensary.

2. The activities of a dispensary are limited to purchasing usable marijuana from a

manufacturing facility, and related activities, including storing, delivering, transferring,

and transporting usable marijuana, for the sole purpose of dispensing usable

marijuana to a registered qualifying patient, directly or through the registered qualifying

patient's registered designated caregiver. The activities of a dispensary include

providing educational material and selling usable marijuana related supplies to a

registered qualifying patient or a registered designated caregiver.

3. An individual or organization may not hold an ownership interest in:

a. More than one manufacturing facility.

b. More than four dispensaries.

c. More than one dispensary within a twenty-mile [32.19 kilometer] radius of another

dispensary.

4. An agreement may not be entered between a manufacturing facility and dispensary

whereby a dispensary agrees to limit purchases or sales of usable marijuana to one

manufacturing facility.
N.D. Cent. Code § 19-02.1-22 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-22
19-02.1-22. Publicity
Status: in_force

19-02.1-22. Publicity

The department may cause to be published from time to time reports summarizing all

judgments, decrees, and court orders which have been rendered under this chapter, including

the nature of the charge and the disposition thereof.

The department may also cause to be disseminated such information regarding food, drugs,

devices, and cosmetics as the department deems necessary in the interest of public health and

the protection of the consumer against fraud. Nothing in this section may be construed to

prohibit the department from collecting, reporting, and illustrating the results of the investigations

of the department.
N.D. Cent. Code § 19-02.1-24 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-24
19-02.1-24. Sale of prepackaged food from vending machines - License - Rules - Inspections
Status: in_force

19-02.1-24. Sale of prepackaged food from vending machines - License - Rules -

Inspections.

1. An establishment may not sell any type of prepackaged food from a food vending

machine without first obtaining a license from the department. The license expires on

June thirtieth of each year. The department may adopt rules establishing the amount

and the procedures for the collection of license fees. License fees collected pursuant

to this section must be deposited in the department's operating fund in the state

treasury and any expenditure from the fund is subject to appropriation by the

legislative assembly.

2. The department may, in accordance with chapter 28-32, revoke an establishment's

license if the establishment fails to comply with the rules adopted pursuant to

subsection 3.

3. The department may adopt, in accordance with chapter 28-32, rules which define

"food vending machine" for the purposes of this section and rules governing the

sanitation, maintenance, and construction of such vending machines and exempting

certain types of machines from this section, if it is deemed appropriate and not

materially detrimental to public health.

4. The department may inspect any food vending machine for compliance with the rules

and for the presence of a license required by this section.
N.D. Cent. Code § 19-02.1-01 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-01
19-02.1-01. Definitions
Status: in_force

19-02.1-01. Definitions

For the purpose of this chapter:

1. "Advertisement" means all representations disseminated in any manner or by any

means, other than by labeling, for the purpose of inducing, or which are likely to

induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

2. "Color" includes black, white, and intermediate grays.

3. "Color additive" means a material which:

a. Is a dye, pigment, or other substance made by a process of synthesis or similar

artifice, or extracted, isolated, or otherwise derived, with or without intermediate

or final change of identity from a vegetable, animal, mineral, or other source; or

b. When added or applied to a food, drug, or cosmetic, or to the human body or any

part thereof, is capable, alone or through reaction with other substance, of

imparting color thereto, except that such term does not include any material

which has been or hereafter is exempted under the Federal Act.

4. "Contaminated with filth" applies to any food, drug, device, or cosmetic not securely

protected from dust, dirt, and as far as may be necessary by all reasonable means,

from all foreign or injurious contaminations.

5. "Cosmetic" means:

a. Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into,

or otherwise applied to the human body or any part thereof for cleansing,

beautifying, promoting attractiveness, or altering the appearance; or

b. Articles intended for use as a component of any such articles, except that such

term does not include soap.

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

7. "Device", except when used in the first paragraph following subsection 21 of this

section and in subsection 10 of section 19-02.1-02, subsection 6 of section

19-02.1-10, subsections 3 and 16 of section 19-02.1-14, and subsection 3 of section

19-02.1-18, means instruments, apparatus and contrivances, including their

components, parts, and accessories, intended:

a. For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in

man or other animals; or

b. To affect the structure or any function of the body of man or other animals.

8. "Drug" means:

a. Articles recognized in the official United States pharmacopoeia, official

homeopathic pharmacopoeia of the United States, or official national formulary, or

any supplement to any of them;

b. Articles intended for use in the diagnosis, cure, mitigation, treatment, or

prevention of disease in man or other animals;

c. Articles, other than food, intended to affect the structure or any function of the

body of man or other animals; or

d. Articles intended for use as a component of any article specified in subdivision a,

b, or c, but does not include devices or their components, parts, or accessories.

Provided, however, that "drug", for the purpose of this chapter, and as defined by

this subsection, does not include those controlled substances or drugs regulated

by or under the authority of the Uniform Controlled Substances Act, with respect

to such drugs, the Uniform Controlled Substances Act takes precedence over and

supplants the provisions of this chapter only so far as its authority and control is

synonymous with the provisions of this chapter.

9. "Federal Act" means the Federal Food, Drug, and Cosmetic Act, as amended

[21 U.S.C. 301 et seq.].

10. "Food" means:

a. Articles used for food or drink for man or other animals;

b. Chewing gum; and

c. Articles used for components of any such article.

11. "Food additive" means any substance, the intended use of which results or may be

reasonably expected to result, directly or indirectly, in its becoming a component or

otherwise affecting the characteristics of any food, including any substance intended

for use in producing, manufacturing, packing, processing, preparing, treating,

packaging, transporting, or holding food; and including any source of radiation

intended for any such use, if such substance is not generally recognized, among

experts qualified by scientific training and experience to evaluate its safety, as having

been adequately shown through scientific procedures, or, in the case of a substance

used in a food prior to January 1, 1958, through either scientific procedures or

experience based on common use in food, to be safe under the conditions of its

intended use, except that such term does not include:

a. A pesticide chemical in or on a raw agricultural commodity;

b. A pesticide chemical to the extent that it is intended for use or is used in the

production, storage, or transportation of any raw agricultural commodity;

c. A color additive; or

d. Any substance used in accordance with a sanction or approval granted prior to

the enactment of the Food Additives Amendment of 1958, pursuant to the Federal

Act; the Poultry Products Inspection Act [21 U.S.C. 451 et seq.]; or the Meat

Inspection Act of March 4, 1907 [34 Stat. 1260, as amended and extended, 21

U.S.C. 71 et seq.].

12. "Immediate container" does not include package liners.

13. "Label" means a display of written, printed, or graphic matter upon the immediate

container of any article; and a requirement made by or under authority of this chapter

that any word, statement, or other information appearing on the label may not be

considered to be complied with unless such word, statement, or other information also

appears on the outside container or wrapper, if any there be, of the retail package of

such article, or is easily legible through the outside container or wrapper.

14. "Labeling" means all labels and other written, printed, or graphic matter:

a. Upon an article or any of its containers or wrappers; or

b. Accompanying such article.

15. "Manufacture, compound, or process" includes repackaging or otherwise changing the

container, wrapper, or labeling of any drug package in the furtherance of the

distribution of the drug from the original place of manufacture to the person who

makes final delivery or sale to the ultimate consumer, and the term "manufacturers,

compounders, and processors" must be deemed to refer to persons engaged in such

defined activities.

16. "New drug" means:

a. Any drug the composition of which is such that such drug is not generally

recognized among experts qualified by scientific training and experience to

evaluate the safety and effectiveness of drugs, as safe and effective for use

under the conditions prescribed, recommended, or suggested in the labeling

thereof; or

b. Any drug the composition of which is such that such drug, as a result of

investigations to determine its safety and effectiveness for use under such

conditions, has become so recognized, but which has not, otherwise than in such

investigations, been used to a material extent or for a material time under such

conditions.

17. "Official compendium" means the official United States pharmacopoeia, official

homeopathic pharmacopoeia of the United States, official national formulary, or any

supplement to any of them.

18. "Person" includes individual, partnership, corporation, limited liability company, and

association.

19. "Pesticide chemical" means any substance which, alone, in chemical combination, or

in formulation with one or more other substances is a pesticide within the meaning of

chapter 4.1-34, and which is used in the production, storage, or transportation of raw

agricultural commodities.

20. "Practitioner" means an individual licensed, registered, or otherwise authorized by the

jurisdiction in which the individual is practicing to prescribe drugs in the course of

professional practice which are subject to this chapter.

21. "Raw agricultural commodity" means any food in its raw or natural state, including all

fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior

to marketing.

If an article is alleged to be misbranded because the labeling is misleading, or if an

advertisement is alleged to be false because it is misleading, then in determining whether the

labeling or advertisement is misleading, there must be taken into account, among other things,

not only representations made or suggested by statement, word, design, device, sound, or in

any combination thereof, but also the extent to which the labeling or advertisement fails to

reveal facts material in the light of such representations or material with respect to

consequences which may result from the use of the article to which the labeling or

advertisement relates under the conditions of use prescribed in the labeling or advertisement

thereof or under such conditions of use as are customary or usual.

The representation of a drug, in its labeling or advertisement, as an antiseptic must be

considered to be a representation that it is a germicide, except in the case of a drug purporting

to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting

powder, or such other use as involves prolonged contact with the body.

The provisions of this chapter regarding the selling of food, drugs, devices, or cosmetics

must be considered to include the manufacture, production, processing, packing, exposure,

offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving

of any such article and the supplying or applying of any such articles in the conduct of any food,

drug, or cosmetic establishment.

Nothing in subsection 21 may be construed to apply to any pesticide chemical, soil or plant

nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or

otherwise affecting, directly or indirectly, the growth or other natural physiological process of

produce of the soil and thereby affecting its color, whether before or after harvest.
N.D. Cent. Code § 19-02.1-13 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-13
19-02.1-13. Drugs and devices - Adulteration defined
Status: in_force

19-02.1-13. Drugs and devices - Adulteration defined

A drug or device must be deemed to be adulterated:

1. If it consists in whole or in part of any filthy, putrid, or decomposed substance.

2. If it has been produced, prepared, packed, or held under unsanitary conditions

whereby it may have been contaminated with filth, or whereby it may have been

rendered injurious to health.

3. If it is a drug and the methods used in, or the facilities or controls used for, its

manufacture, processing, packing, or holding do not conform to or are not operated or

administered in conformity with current good manufacturing practice to assure that

such drug meets the requirements of this chapter as to safety and has the identity and

strength, and meets the quality and purity characteristics, which it purports or is

represented to possess.

4. If it is a drug and its container is composed, in whole or in part, of any poisonous or

deleterious substance which may render the contents injurious to health.

5. If it is a drug and it bears or contains, for purposes of coloring only, a color additive

which is unsafe within the meaning of subsection 1 of section 19-02.1-12 or it is a color

additive, the intended use of which in or on drugs is for purposes of coloring only, and

is unsafe within the meaning of subsection 1 of section 19-02.1-12.

6. If it purports to be or is represented as a drug the name of which is recognized in an

official compendium, and its strength differs from, or its quality or purity falls below, the

standard set forth in such compendium. Such determination as to strength, quality, or

purity must be made in accordance with the tests or methods of assay set forth in such

compendium or, in the absence of or inadequacy of such tests or methods of assay,

those prescribed under authority of the federal act. No drug defined in an official

compendium may be deemed to be adulterated under this subsection because it

differs from the standard of strength, quality, or purity therefor set forth in such

compendium if its difference in strength, quality, or purity from such standard is plainly

stated on its label. Whenever a drug is recognized in both the United States

pharmacopoeia and the homeopathic pharmacopoeia of the United States it is subject

to the requirements of the United States pharmacopoeia unless it is labeled and

offered for sale as a homeopathic drug, in which case it is subject to the provisions of

the homeopathic pharmacopoeia of the United States and not to those of the United

States pharmacopoeia.

7. If it is not subject to the provisions of subsection 6 and its strength differs from, or its

purity or quality falls below, that which it purports or is represented to possess.

8. If it is a drug and any substance has been mixed or packed therewith so as to reduce

its quality or strength or substituted wholly or in part therefor.
N.D. Cent. Code § 19-24.1-03.3 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-03.3
19-24.1-03.3. Qualifying patients - Nonresidents
Status: in_force

19-24.1-03.3. Qualifying patients - Nonresidents

In lieu of the written certification required under section 19-24.1-03, a nonresident who

holds a valid out-of-state medical marijuana card issued by the state in which the nonresident

resides, may submit to the department a copy of the nonresident's out-of-state department-

approved identification and a copy of an out-of-state medical marijuana card. The department-

approved identification and out-of-state medical marijuana card must be issued by the same

state. The department may use the out-of-state department-approved identification and

out-of-state medical marijuana card in place of a written certification to approve or deny the

application under section 19-24.1-05. The department shall issue a registry identification card

within thirty calendar days of approving an application under this section. The issued registry

identification card is valid for sixty days.
N.D. Cent. Code § 19-03.2-02 — ND Code / Title 19 / Chapter 19-03.2 / Section 19-03.2-02
19-03.2-02. Determination of imitation controlled substance
Status: in_force

19-03.2-02. Determination of imitation controlled substance

When the appearance of the dosage unit is not reasonably sufficient to establish that the

substance is an "imitation controlled substance" as in the case of a powder or a liquid

substance, the court or authority concerned should consider, in addition to all other logically

relevant factors, all of the following factors as related to "representations made" in determining

whether the substance is an "imitation controlled substance":

1. Statements made by an owner or by anyone else in control of the substance

concerning the nature of the substance or its use or effect.

2. Statements made to the recipient that the substance may be resold for inordinate

profit.

3. Whether the substance is packaged in a manner normally used for illicit controlled

substances.

4. Evasive tactics or actions utilized by the owner or person in control of the substance to

avoid detection by law enforcement authorities.

5. Prior convictions, if any, of an owner, or anyone in control of the object, under state or

federal law related to controlled substances, imitation controlled substances, or fraud.

6. The proximity of the substances to controlled substances.
N.D. Cent. Code § 19-06.1-01 — ND Code / Title 19 / Chapter 19-06.1 / Section 19-06.1-01
19-06.1-01. Definitions
Status: in_force

19-06.1-01. Definitions

In this chapter, unless the context or subject matter otherwise indicates:

1. The terms "honey", "liquid or extracted honey", "strained honey", or "pure honey" are

interchangeable and mean the nectar of plants that has been transformed by and is

the natural product of the honeybee.

2. "Person" means any individual, partnership, firm, association, company, corporation, or

limited liability company.
N.D. Cent. Code § 19-21-07 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-07
19-21-07. Records of shipment
Status: in_force

19-21-07. Records of shipment

For the purpose of enforcing the provisions of this chapter, carriers and persons receiving

hazardous substances or holding such hazardous substances so received, upon the request of

an officer or employee duly designated by the department, shall permit such officer or

employee, at reasonable times, to have access to and to copy all records showing the

movement of any such hazardous substance or the holding thereof during or after such

movement and the quantity, shipper, and consignee thereof. It is unlawful for any such carrier or

person to fail to permit such access to and copying of any record so requested when such

request is accompanied by a statement in writing specifying the nature or kind of such

hazardous substance to which such request relates. Evidence obtained under this section may

not be used in a criminal prosecution of the person from whom obtained.
N.D. Cent. Code § 19-03.1-35 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-35
19-03.1-35. Cooperative arrangements and confidentiality
Status: in_force

19-03.1-35. Cooperative arrangements and confidentiality

1. The board shall cooperate with federal and other state agencies in discharging its

responsibilities concerning traffic in controlled substances and in suppressing the

abuse of controlled substances. To this end, it may:

a. Arrange for exchange of information among governmental officials concerning the

use and abuse of controlled substances.

b. Coordinate and cooperate in training programs concerning controlled substance

law enforcement at local and state levels.

c. Cooperate with the bureau by establishing a centralized unit to accept, catalog,

file, and collect statistics, including records of drug-dependent persons and other

controlled substance law offenders within the state, and make the information

available for federal, state, and local law enforcement purposes. It may not

furnish the name or identity of a patient or research subject whose identity could

not be obtained under subsection 3.

d. Conduct programs of eradication aimed at destroying wild or illicit growth of plant

species from which controlled substances may be extracted.

2. Results, information, and evidence received from the bureau relating to regulatory

functions of this chapter, including results of inspections conducted by it, may be relied

and acted upon by the board in the exercise of its regulatory functions under this

chapter.

3. A practitioner engaged in medical practice or research is not required or compelled to

furnish the name or identity of a patient or research subject to the board nor may the

practitioner be compelled in any state or local civil, criminal, administrative, legislative,

or other proceedings to furnish the name or identity of an individual that the

practitioner is obligated to keep confidential.
N.D. Cent. Code § 19-03.1-04 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-04
19-03.1-04. Schedule I tests
Status: in_force

19-03.1-04. Schedule I tests

The board shall place a substance in schedule I if it finds that the substance:

1. Has high potential for abuse; and

2. Has no accepted medical use in treatment in the United States or lacks accepted

safety for use in treatment under medical supervision.
N.D. Cent. Code § 19-05.1-05 — ND Code / Title 19 / Chapter 19-05.1 / Section 19-05.1-05
19-05.1-05. Inspection of food
Status: in_force

19-05.1-05. Inspection of food

Upon the request made by a bona fide charitable or nonprofit organization receiving

perishable food under this chapter, a representative from the county health district where the

organization is located or the department shall provide inspection of the food received to

determine whether the food may be used for human consumption. This chapter does not restrict

the authority of any appropriate agency to inspect, regulate, or ban the use of perishable food.
N.D. Cent. Code § 19-01-19 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-19
19-01-19. Administrative procedure and judicial review
Status: in_force

19-01-19. Administrative procedure and judicial review

Any proceeding under this title for issuing or modifying rules and regulations and

determining compliance with rules and regulations of the department must be conducted in

accordance with chapter 28-32 and appeals may be taken as provided in chapter 28-32.
N.D. Cent. Code § 19-03.5-09 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-09
19-03.5-09. Authority to adopt rules - Rules adopted by professional licensing boards
Status: in_force

19-03.5-09. Authority to adopt rules - Rules adopted by professional licensing boards

1. The state board of pharmacy may adopt rules that set forth the procedures and

methods for implementing the prescription drug monitoring program under this chapter.

2. Each professional licensing board that is responsible for the licensing of individuals

authorized to prescribe or dispense controlled substances for human consumption

shall adopt rules under chapter 28-32 to require licensed individuals under that board's

jurisdiction who prescribe or dispense controlled substances to humans to utilize the

prescription drug monitoring program. In drafting rules required under this subsection,

each professional licensing board shall consult with the state board of pharmacy, the

other boards required to adopt rules under this subsection, and the advisory council in

order to maximize the uniformity among the rules for each profession. All or any of the

professional licensing boards subject to the rulemaking requirement of this subsection

may conduct a joint rulemaking proceeding under chapter 28-32 to implement rules

required by this subsection.
N.D. Cent. Code § 19-24.1-28 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-28
19-24.1-28. Compassion centers - Bylaws and operating agreements
Status: in_force

19-24.1-28. Compassion centers - Bylaws and operating agreements

As part of a proposed compassion center's initial application, the applicant shall provide to

the department a current copy of the applicant's bylaws or operating agreement. Upon receipt of

a registration certificate, a compassion center shall maintain the bylaws or operating agreement

in accordance with this chapter. In addition to any other requirements, the bylaws or operating

agreement must include the ownership or management structure of the compassion center; the

composition of the board of directors, board of governors, member-managers, or managers; and

provisions relative to the disposition of revenues and earnings.
N.D. Cent. Code § 19-02.1-16.1 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-16.1
19-02.1-16.1. Pharmacy claim fees and pharmacy rights - Pharmacy benefits managers - Penalty
Status: in_force

19-02.1-16.1. Pharmacy claim fees and pharmacy rights - Pharmacy benefits

managers - Penalty.

1. As used in this section:

a. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.

b. "Plan sponsor" has the same meaning as in section 19-03.6-01.

c. "Third-party payer" has the same meaning as in section 19-03.6-01.

2. A pharmacy benefits manager or third-party payer may not directly or indirectly charge

or hold a pharmacy responsible for a fee related to a claim:

a. That is not apparent at the time of claim processing;

b. That is not reported on the remittance advice of an adjudicated claim; or

c. After the initial claim is adjudicated at the point of sale.

3. Pharmacy performance measures or pay for performance pharmacy networks shall

utilize the electronic quality improvement platform for plans and pharmacies or other

unbiased nationally recognized entity aiding in improving pharmacy performance

measures.

a. A pharmacy benefits manager or third-party payer may not collect a fee from a

pharmacy if the pharmacy's performance scores or metrics fall within the criteria

identified by the electronic quality improvement platform for plans and

pharmacies or other unbiased nationally recognized entity aiding in improving

pharmacy performance measures.

b. If a pharmacy benefits manager or third-party payer imposes a fee upon a

pharmacy for scores or metrics or both scores and metrics that do not meet those

established by the electronic quality improvement platform for plans and

pharmacies or other nationally recognized entity aiding in improving pharmacy

performance measures, a pharmacy benefits manager or third-party payer is

limited to applying the fee to the professional dispensing fee outlined in the

pharmacy contract.

c. A pharmacy benefits manager or third-party payer may not impose a fee relating

to performance metrics on the cost of goods sold by a pharmacy.

4. A pharmacy benefits manager or third-party payer may not charge a patient a

copayment that exceeds the cost of the medication. If a patient pays a copayment, the

dispensing provider or pharmacy shall retain the adjudicated cost and the pharmacy

benefits manager or third-party payer may not redact the adjudicated cost.

5. A pharmacy benefits manager or third-party payer may not prohibit a pharmacist or

pharmacy from participating in a class action lawsuit. A pharmacy or pharmacist may

disclose to the plan sponsor or to the patient information regarding the adjudicated

reimbursement paid to the pharmacy which is compliant under the federal Health

Insurance Portability and Accountability Act of 1996 [Pub. L. 104-191; 110 Stat. 1936;

29 U.S.C. 1181 et seq.].

6. A pharmacist or pharmacy that belongs to a pharmacy service administration

organization may receive a copy of a contract the pharmacy service administration

organization entered with a pharmacy benefits manager or third-party payer on the

pharmacy's or pharmacist's behalf.

7. A pharmacy or pharmacist may provide relevant information to a patient if the patient is

acquiring prescription drugs. This information may include the cost and clinical efficacy

of a more affordable alternative drug if one is available. Gag orders of such a nature

placed on a pharmacy or pharmacist are prohibited.

8. A pharmacy or pharmacist may mail or deliver drugs to a patient as an ancillary

service of a pharmacy.

9. A pharmacy benefits manager or third-party payer may not prohibit a pharmacist or

pharmacy from charging a shipping and handling fee to a patient requesting a

prescription be mailed or delivered.

10. Upon request, a pharmacy benefits manager or third-party payer shall provide a

pharmacy or pharmacist with the processor control number, bank identification

number, and group number for each pharmacy network established or administered by

a pharmacy benefits manager to enable the pharmacy to make an informed

contracting decision.

11. A pharmacy benefits manager or third-party payer may not require pharmacy

accreditation standards or recertification requirements inconsistent with, more

stringent than, or in addition to federal and state requirements for licensure as a

pharmacy in this state.

12. A pharmacy benefits manager or other third-party payer that violates this section is

guilty of a class B misdemeanor per violation occurrence.
N.D. Cent. Code § 19-02.1-16.6 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-16.6
19-02.1-16.6. Clinician-administered drugs
Status: in_force

19-02.1-16.6. Clinician-administered drugs

1. As used in this section:

a. "Clinician-administered drug" means an outpatient prescription drug other than a:

(1) Vaccine that cannot be reasonably self-administered by the patient to whom

the drug is prescribed;

(2) Vaccine that typically is administered:

(a) By a health care provider authorized under the laws of this state to

administer the drug, including when acting under a physician's

delegation and supervision; and

(b) In a physician's office, hospital outpatient infusion center, pharmacy, or

other clinical setting; or

(3) Specialty drug.

b. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.

c. "Specialty drug" has the same meaning as in section 19-02.1-16.2.

d. "Third-party payer" has the same meaning as in section 19-03.6-01.

2. A pharmacy benefits manager, third-party payer, or the agent of a pharmacy benefits

manager or third-party payer may not:

a. Require a patient, as a condition of payment or reimbursement, to purchase

pharmacist services, including prescription drugs, exclusively through a mail-

order pharmacy or a pharmacy benefits manager affiliate, or a combination of

both.

b. Increase patient costs if the patient chooses to not use a mail-order pharmacy or

a pharmacy benefits manager affiliate, but instead uses another participating

provider.

c. Interfere with the patient's right to obtain a clinician-administered drug from the

patient's provider of choice.

d. Limit or exclude availability of a clinician-administered drug if not dispensed by a

mail-order pharmacy or pharmacy benefits manager affiliate, if the drug would

otherwise be covered for patients.

e. Condition, deny, restrict, or refuse to authorize or approve, or reduce payment to

a participating provider for a clinician-administered drug if all criteria for medical

necessity are met, because the participating provider did not obtain clinician-

administered drugs from a mail-order pharmacy or pharmacy benefits manager

affiliate.

f. By contract, written policy, or written procedure, require that a pharmacy

designated by the pharmacy benefits manager or third-party payer dispense a

medication directly to a patient with the expectation or intention that the patient

will transport the medication to a health care setting for administration by a

participating provider.

g. By contract, written policy, or written procedure, require that a pharmacy

designated by the pharmacy benefits manager or third-party payer dispense a

medication directly to a health care setting for a participating provider to

administer to a patient.

h. Require the use of a home infusion pharmacy to dispense clinician-administered

drugs to a patient in the home of the patient.
N.D. Cent. Code § 19-03.6-01 — ND Code / Title 19 / Chapter 19-03.6 / Section 19-03.6-01
19-03.6-01. Definitions
Status: in_force

19-03.6-01. Definitions

For the purposes of this chapter:

1. "Entity" means a managed care company, an insurance company, a third-party payer,

a pharmacy benefits manager, or any other organization that represents an insurance

company, a third-party payer, or a pharmacy benefits manager.

2. "Insurance company" includes any corporation, association, benefit society, exchange,

partnership, or individual engaged as principal in the business of insurance.

3. "Managed care company" is an entity that handles both health care and health care

financing.

4. "Pharmacy benefits manager" means a person that performs pharmacy benefits

management and includes any other person acting for such person under a

contractual or employment relationship in the performance of pharmacy benefits

management for a managed care company, nonprofit hospital or medical service

organization, insurance company, third-party payer, or health program administered by

a state agency.

5. "Plan sponsor" means the employer in the case of an employee benefit plan

established or maintained by a single employer, or the employee organization in the

case of a plan established or maintained by an employee organization, an association,

joint board of trustees, committee, or other similar group that establishes or maintains

the plan.

6. "Third-party payer" means an organization other than the patient or health care

provider involved in the financing of personal health services.
N.D. Cent. Code § 19-24.1-18 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-18
19-24.1-18. Compassion centers - Agents - Registry identification cards
Status: in_force

19-24.1-18. Compassion centers - Agents - Registry identification cards

1. Upon issuance of a compassion center registry certificate, the department shall issue

a registry identification card to each qualified compassion center agent associated with

the compassion center.

2. To qualify to be issued a registry identification card, each compassion center agent

must be at least twenty-one years of age and shall submit all of the following registry

identification card application material to the department:

a. A photographic copy of the agent's department-approved identification. The agent

shall make the identification available for inspection and verification by the

department.

b. A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the agent.

c. A written and signed statement from an officer or executive staff member of the

compassion center stating the applicant is associated with the compassion center

and the capacity of the association.

d. The name, address, and telephone number of the agent.

e. The name, address, and telephone number of the compassion center with which

the agent is associated.

f. The agent's signature and the date.

g. A nonrefundable application or renewal fee not to exceed the amount of

two hundred dollars.

3. Each compassion center agent shall consent to a criminal history record check

conducted under section 12-60-24 to demonstrate compliance with the eligibility

requirements.

a. All applicable fees associated with the required criminal history record checks

must be paid by the department.

b. A criminal history record check must be performed upon initial application and

biennially upon renewal. A compassion center agent shall consent to a criminal

history record check at any time the department determines necessary.

c. An individual convicted of a drug-related misdemeanor offense within the

five-year period before the date of application or a felony offense is prohibited

from being a compassion center agent.

4. The department shall notify the compassion center in writing of the purpose for

denying a compassion center agent application for a registry identification card. The

department shall deny an application if the applicant fails to meet the registration

requirements or to provide the information required, if the applicant previously had a

registry identification card revoked, or if the department determines the information

provided is false. 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. The court may authorize the cardholder to appear by reliable

electronic means.

5. The department shall issue a compassion center agent a registry identification card

within thirty calendar days of approval of an application.

6. A compassion center agent with a registry identification card shall notify the

department of any of the following within ten calendar days of the change, in a manner

prescribed by the department:

a. A change in the cardholder's name or address; and

b. Knowledge of a change that would render the compassion center agent no longer

eligible to be a cardholder.

7. If a compassion center agent loses the agent's registry identification card, that agent

shall notify the department in writing within twenty-four hours of becoming aware the

card has been lost.

8. If a cardholder notifies the department of items listed in this section but the nature of

the item reported results in the cardholder remaining eligible, the department shall

issue the cardholder a new registry identification card with a new random ten-digit

alphanumeric identification number within twenty calendar days of approving the

updated information and the cardholder shall pay a fee, not to exceed twenty-five

dollars. If a cardholder notifies the department of an item that results in the cardholder

being ineligible, the registry identification card immediately becomes void.

9. A compassion center shall notify the department in writing within two calendar days of

the date a compassion center agent ceases to work for or be associated with the

compassion center. Upon receipt of the notification, that individual's registry

identification card becomes void immediately.

10. The registry identification card of a compassion center agent expires one year after

issuance or upon the termination of the compassion center's registration certificate,

whichever occurs first. To prevent interruption of possession of a valid registry

identification card, a compassion center agent shall renew a registry identification card

by submitting a complete renewal application no less than forty-five calendar days

before the expiration date of the existing registry identification card.
N.D. Cent. Code § 19-03.1-43 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-43
19-03.1-43. Short title
Status: in_force

19-03.1-43. Short title

This chapter may be cited as the Uniform Controlled Substances Act.
N.D. Cent. Code § 19-03.1-16 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-16
19-03.1-16. Registration requirements
Status: in_force

19-03.1-16. Registration requirements

1. Every person who manufactures, distributes, or dispenses any controlled substance

within this state or who proposes to engage in the manufacture, distribution, or

dispensing of any controlled substance within this state shall obtain annually a

registration issued by the board in accordance with its rules.

2. Persons registered by the board under this chapter to manufacture, distribute,

dispense, or conduct research with controlled substances may possess, manufacture,

distribute, dispense, or conduct research with those substances to the extent

authorized by their registration and in conformity with the other provisions of this

chapter.

3. The following persons need not register and may lawfully possess controlled

substances under this chapter:

a. An agent or employee of any registered manufacturer, distributor, or dispenser of

any controlled substance if an agent or employee is acting in the usual course of

an agent's or employee's business or employment.

b. A common or contract carrier or warehouseman, or an employee thereof, whose

possession of any controlled substance is in the usual course of business or

employment.

c. An ultimate user or a person in possession of any controlled substance pursuant

to a lawful order of a practitioner or in lawful possession of a schedule V

substance.

4. The board may waive by rule the requirement for registration of certain manufacturers,

distributors, or dispensers if it finds it consistent with the public health and safety.

5. A separate registration is required at each principal place of business or professional

practice where the applicant manufactures, distributes, or dispenses controlled

substances.

6. The board may inspect the establishment of a registrant or applicant for registration in

accordance with the rules of the board.
N.D. Cent. Code § 19-03.6-03 — ND Code / Title 19 / Chapter 19-03.6 / Section 19-03.6-03
19-03.6-03. Audit reports - Disclosure - Distribution of recouped funds - Review of auditor
Status: in_force

19-03.6-03. Audit reports - Disclosure - Distribution of recouped funds - Review of

auditor.

1. A preliminary audit report must be delivered to the pharmacy within one hundred

twenty days after the conclusion of the audit.

2. A pharmacy must be allowed at least sixty days following receipt of the preliminary

audit to provide documentation to address any discrepancy found in the audit.

3. A final audit report must be delivered to the pharmacy within ninety days after receipt

of the preliminary audit report or final appeal, whichever is later.

4. No chargeback, recoupment, or other penalty may be assessed until the appeal

process has been exhausted and the final report issued.

5. An entity shall remit any money due to a pharmacy or pharmacist as a result of an

underpayment of a claim within thirty days after the appeals process has been

exhausted and the final audit report has been issued.

6. An auditing entity shall provide a copy of the final report to the plan sponsor for which

claims were included in the audit. Any funds recouped must be returned to the plan

sponsor.
N.D. Cent. Code § 19-03.1-36.1 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36.1
19-03.1-36.1. Manner of forfeiture
Status: in_force

19-03.1-36.1. Manner of forfeiture

Property subject to forfeiture under this chapter, other than property that may be summarily

forfeited, may be forfeited by order of a district court only after:

1. A written consent to forfeiture executed by the owner of the property and all persons

with a legal interest in the property to be forfeited has been filed with the court; or

2. Commencement of forfeiture proceedings.
N.D. Cent. Code § 19-03.1-08 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-08
19-03.1-08. Schedule III tests
Status: in_force

19-03.1-08. Schedule III tests

The board shall place a substance in schedule III if it finds that:

1. The substance has a potential for abuse less than the substances listed in schedules I

and II;

2. The substance has currently accepted medical use in treatment in the United States;

and

3. Abuse of the substance may lead to moderate or low physical dependence or high

psychological dependence.
N.D. Cent. Code § 19-03.1-25 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-25
19-03.1-25. Prohibited acts C - Penalties
Status: in_force

19-03.1-25. Prohibited acts C - Penalties

1. It is unlawful for any person:

a. To distribute as a registrant a controlled substance classified in schedule I or II,

except pursuant to an order form as required by section 19-03.1-21;

b. To use in the course of the manufacture or distribution of a controlled substance a

registration number which is fictitious, revoked, suspended, or issued to another

person;

c. To acquire or obtain possession of a controlled substance by misrepresentation,

fraud, forgery, deception, or subterfuge;

d. To furnish false or fraudulent material information in, or omit any material

information from, any application, report, or other document required to be kept or

filed under this chapter, or any record required to be kept by this chapter; or

e. To make, distribute, or possess any punch, die, plate, stone, or other thing

designed to print, imprint, or reproduce the trademark, trade name, or other

identifying mark, imprint, or device of another or any likeness of any of the

foregoing upon any drug or container or labeling thereof so as to render the drug

a counterfeit substance.

2. Any person who violates this section is guilty of a class C felony.
N.D. Cent. Code § 19-02.1-14 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-14
19-02.1-14. Drugs and devices - Misbranding defined
Status: in_force

19-02.1-14. Drugs and devices - Misbranding defined

A drug or device must be deemed to be misbranded:

1. If its labeling is false or misleading in any particular.

2. If in package form unless it bears a label containing:

a. The name and place of business of the manufacturer, packer, or distributor; and

b. An accurate statement of the quantity of the contents in terms of weight,

measure, or numerical count; provided, that under this subdivision reasonable

variations must be permitted, and exemptions as to small packages must be

allowed, in accordance with regulations prescribed by the department or issued

under the federal act.

3. If any word, statement, or other information required by or under authority of this

chapter to appear on the label or labeling is not prominently placed thereon with such

conspicuousness, as compared with other words, statements, designs, or devices in

the labeling, and in such terms as to render it likely to be read and understood by the

ordinary individual under customary conditions of purchase and use.

4. If it is for use by man and contains any quantity of the narcotic or hypnotic substance

alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral,

coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or

sulfonmethane, or any chemical derivative of such substance, which derivative, after

investigation, has been found to be and designated as, habit-forming, by regulations

issued by the department under this chapter, or by regulations issued pursuant to

section 502(d) of the federal act, unless its label bears the name and quantity or

proportion of such substance or derivative and in juxtaposition therewith the statement

"Warning - May be habit-forming".

5. If it is a drug, unless its label bears, to the exclusion of any other nonproprietary name,

except the applicable systematic chemical name or the chemical formula:

a. The established name, as defined in subsection 6, of the drug, if such there be;

and

b. The established name and quantity of each active ingredient, in case it is

fabricated from two or more ingredients, including the kind and quantity or

proportion of any alcohol, and also including, whether active or not, the

established name and quantity or proportion of any bromides, ether, chloroform,

acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine,

hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain,

strophanthin, strychnine, thyroid, or any derivative or preparation of any such

substances, contained therein.

Provided, that the requirement for stating the quantity of the active ingredients, other

than the quantity of those specifically named in this subsection applies only to

prescription drugs; provided, further, that to the extent that compliance with the

requirements of subdivision b of subsection 6 is impracticable, exemptions must be

allowed under regulations promulgated by the department, or under the federal act.

6. As used in subsections 5 and 6, the term "established name", with respect to a drug or

ingredient thereof, means:

a. The applicable official name designated pursuant to section 508 of the federal

act;

b. If there is no such name and such drug, or such ingredient, is an article

recognized in an official compendium, then the official title thereof in such

compendium; or

c. If neither subdivision a nor b applies, then the common or usual name, if any, of

such drug or of such ingredient.

Provided, further, that when subdivision b applies to an article recognized in the United

States pharmacopeia and in the homeopathic pharmacopeia under different official

titles, the official title used in the United States pharmacopeia applies unless it is

labeled and offered for sale as a homeopathic drug, in which case the official title used

in the homeopathic pharmacopeia applies.

7. Unless its labeling bears:

a. Adequate directions for use; and

b. Such adequate warnings against use in those pathological conditions or by

children when its use may be dangerous to health, or against unsafe dosage or

methods or duration of administration or application, in such manner and form, as

are necessary for the protection of users.

Provided, that if any requirement of subdivision a, as applied to any drug or device, is

not necessary for the protection of the public health, the department shall promulgate

regulations exempting such drug or device from such requirements; provided, further,

that articles exempted under regulations issued under section 502(f) of the federal act

may also be exempt.

8. If it purports to be a drug the name of which is recognized in an official compendium,

unless it is packaged and labeled as prescribed therein; provided, that the method of

packing may be modified with the consent of the department, or if consent is obtained

under the federal act. Whenever a drug is recognized in both the United States

pharmacopeia and the homeopathic pharmacopeia of the United States, it is subject to

the requirements of the United States pharmacopeia with respect to packaging and

labeling unless it is labeled and offered for sale as a homeopathic drug, in which case

it is subject to the provisions of the homeopathic pharmacopeia of the United States

and not to those of the United States pharmacopeia; provided, further, that in the event

of inconsistency between the requirements of this subsection and those of subsections

5 and 6 as to the name by which the drug or its ingredients must be designated, the

requirements of subsections 5 and 6 must prevail.

9. If it has been found by the department or under the federal act to be a drug liable to

deterioration, unless it is packaged in such form and manner, and its label bears a

statement of such precautions, as the regulations issued by the department or under

the federal act require as necessary for the protection of public health. No such

regulation may be established for any drug recognized in an official compendium until

the department shall have informed the appropriate body charged with the revision of

such compendium of the need for such packaging or labeling requirements and such

body shall have failed within a reasonable time to prescribe such requirements.

10. If it is a drug and:

a. Its container is so made, formed, or filled as to be misleading;

b. If it is an imitation of another drug; or

c. If it is offered for sale under the name of another drug.

11. If it is dangerous to health when used in the dosage, or with the frequency or duration

prescribed, recommended, or suggested in the labeling thereof.

12. If it is, or purports to be, or is represented as a drug composed wholly or partly of

insulin, unless it is from a batch with respect to which a certificate or release has been

issued pursuant to section 506 of the federal act, and such certificate or release is in

effect with respect to such drug.

13. If it is, or purports to be, or is represented as a drug composed wholly or partly of any

kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin, or any

other antibiotic drug, or any derivative thereof, unless it is from a batch with respect to

which a certificate or release has been issued pursuant to section 507 of the federal

act, and such certificate or release is in effect with respect to such drug; provided, that

this subsection does not apply to any drug or class of drugs exempted by regulations

promulgated under section 507(c) or (d) of the federal act. For the purpose of this

subsection, the term "antibiotic drug" means any drug intended for use by man

containing any quantity of any chemical substance which is produced by a

micro-organism and which has the capacity to inhibit or destroy micro-organisms in

dilute solution, including the chemically synthesized equivalent of any such substance.

14. If it is a color additive, the intended use of which in or on drugs is for the purpose of

coloring only, unless its packaging and labeling are in conformity with such packaging

and labeling requirements applicable to such color additive, prescribed under the

provisions of subsection 2 of section 19-02.1-12 or of the federal act.

15. In the case of any prescription drug distributed or offered for sale in this state, unless

the manufacturer, packer, or distributor thereof includes in all advertisements and other

descriptive printed matter issued or caused to be issued by the manufacturer, packer,

or distributor with respect to that drug a true statement of the established name as

defined in subsection 6, the formula showing quantitatively each ingredient of such

drug to the extent required for labels under section 502(e) of the federal act, and such

other information in brief summary relating to side effects, contraindications, and

effectiveness as are required in regulations issued under the federal act.

16. If a trademark, trade name, or other identifying mark, imprint, or device of another or

any likeness of the foregoing has been placed thereon or upon its container with intent

to defraud.

17. Drugs and devices which are, in accordance with the practice of the trade, to be

processed, labeled, or repacked in substantial quantities at establishments other than

those where originally processed or packed are exempt from any labeling or

packaging requirements of this chapter; provided, that such drugs and devices are

being delivered, manufactured, processed, labeled, repacked, or otherwise held in

compliance with regulations issued by the department, or under the federal act.

18. If it is a device and it has an established name, unless its label bears, to the exclusion

of any other nonproprietary name, its established name, as defined in subsection 6,

prominently printed in type at least half as large as that used thereon for any

proprietary name or designation for the device, except that to the extent compliance

with the requirements of this subsection is impracticable, exemptions will be

established by rules adopted by the department. As used in this subsection, the term

"established name" with respect to a device means:

a. The applicable official name of the device designated pursuant to federal law.

b. If there is no official name of the device designated pursuant to federal law and

the device is an article recognized in an official compendium, then the official title

of the device in the compendium.

c. If neither subdivision a nor subdivision b applies, then any common or usual

name of the device.

19. If it is a device subject to a performance standard established under federal law,

unless it bears labeling prescribed in the performance standard.
N.D. Cent. Code § 19-03.1-02 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-02
19-03.1-02. Authority to control
Status: in_force

19-03.1-02. Authority to control

1. The board shall administer this chapter and may add substances to or delete or

reschedule all substances enumerated in the schedules in sections 19-03.1-05,

19-03.1-07, 19-03.1-09, 19-03.1-11, or 19-03.1-13 pursuant to the procedures of

chapter 28-32. In making a determination regarding a substance, the board shall

consider the following:

a. The actual or relative potential for abuse;

b. The scientific evidence of its pharmacological effect, if known;

c. The state of current scientific knowledge regarding the substance;

d. The history and current pattern of abuse;

e. The scope, duration, and significance of abuse;

f. The risk to the public health;

g. The potential of the substance to produce psychic or physiological dependence

liability; and

h. Whether the substance is an immediate precursor of a substance already

controlled under this chapter.

2. After considering the factors enumerated in subsection 1, the board shall make

findings with respect thereto and issue a rule controlling the substance if it finds the

substance has a potential for abuse.

3. If the board designates a substance as an immediate precursor, substances which are

precursors of the controlled precursor are not subject to control solely because they

are precursors of the controlled precursor.

4. If any substance is designated, rescheduled, or deleted as a controlled substance

under federal law and notice thereof is given to the board, the board shall similarly

control the substance under this chapter after the expiration of thirty days from

publication in the federal register of a final order designating a substance as a

controlled substance or rescheduling, or deleting a substance, unless within that

thirty-day period, the board objects to inclusion, rescheduling, or deletion. In that case,

the board shall publish the reasons for objection and afford all interested parties an

opportunity to be heard. At the conclusion of the hearing, the board shall publish its

decision, which is final unless altered by statute. Upon publication of objection to

inclusion, rescheduling, or deletion under this chapter by the board, control under this

chapter is stayed until the board publishes its decision.

5. Authority to control under this section does not extend to distilled spirits, wine, malt

beverages, or tobacco as those terms are defined or used in title 5.
N.D. Cent. Code § 19-24.1-10 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-10
19-24.1-10. Cardholders - Notification of change
Status: in_force

19-24.1-10. Cardholders - Notification of change

1. Within ten calendar days of the change, in a manner prescribed by the department, a

registered qualifying patient or registered designated caregiver shall notify the

department of any of the following:

a. A change in the cardholder's name or address;

b. Knowledge of a change that would render the registered qualifying patient no

longer eligible to participate in the medical marijuana program;

c. Knowledge of a change that results in the registered qualifying patient's health

care provider no longer meeting the definition of the term "health care provider"

as defined under section 19-24.1-01; or

d. Knowledge of a change that renders the registered qualifying patient's registered

designated caregiver no longer eligible to participate in the medical marijuana

program.

2. If a registered qualifying patient seeks to change the patient's designated caregiver,

the registered qualifying patient shall notify the department in writing of this change.

3. If a cardholder loses the cardholder's registry identification card, the cardholder shall

notify the department in writing within twenty-four hours of becoming aware of the loss.

4. If a registered qualifying patient is unable to make a notification required under this

section due to age or medical condition, that patient's registered designated caregiver

or the individual responsible for making medical decisions for that patient shall provide

the notification.

5. If the department receives notification of an item listed in this section and the nature of

the item reported does not affect a cardholder's eligibility, the department may issue

the cardholder a new registry identification card within twenty calendar days of

approving the updated information and the cardholder may pay a fee, not to exceed

twenty-five dollars. If a cardholder notifying the department is a registered qualifying

patient who has a registered designated caregiver, the department shall issue the

patient's registered designated caregiver a new registry identification card within

twenty calendar days of approving the updated information.

6. If the department receives notification of an item listed in this section and the nature of

the item reported makes the cardholder ineligible, the cardholder's registry

identification card becomes void immediately upon notification of the department and

the registered cardholder shall dispose of any usable marijuana in the cardholder's

possession within fifteen calendar days, in accordance with rules adopted under this

chapter.

7. A registered qualifying patient's certifying health care provider may notify the

department in writing if the health care provider's registered qualifying patient no

longer has a debilitating medical condition. The health care provider may notify the

department if a bona fide provider-patient relationship ceases to exist. Except if the

bona fide provider-patient relationship is terminating due to the health care provider

moving to a location where it is not suitable to continue the bona fide provider-patient

relationship, the qualifying patient's registry identification card becomes void

immediately upon the health care provider's notification of the department. If the bona

fide provider-patient relationship is terminating due to the health care provider moving

to a location where it is not suitable to continue the bona fide provider-patient

relationship, the qualifying patient's registry identification card is void if the registered

qualifying patient fails to establish a new bona fide provider-patient relationship within

sixty days of the department receiving notice from the original health care provider. If

the registry identification card is voided under this subsection, the registered qualifying

patient shall dispose of any usable marijuana in the cardholder's possession within

fifteen calendar days, in accordance with rules adopted under this chapter.
N.D. Cent. Code § 19-03.1-36 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36
19-03.1-36. Forfeitures
Status: in_force

19-03.1-36. Forfeitures

1. The following are subject to forfeiture:

a. All controlled substances which have been manufactured, distributed, dispensed,

or acquired in violation of this chapter.

b. All imitation controlled substances as defined by sections 19-03.2-01 and

19-03.2-02.

c. All raw materials, products, and equipment of any kind which are used, or

intended for use, in manufacturing, compounding, processing, delivering,

importing, or exporting any controlled substance in violation of this chapter.

d. All property which is used, or intended for use, as a container for property

described in subdivision a, b, or c.

e. All conveyances, including aircraft, vehicles, or vessels, which are used, or

intended for use, to transport, or in any manner to facilitate the transportation, for

the purpose of sale or receipt of property described in subdivision a, b, or c, but:

(1) No conveyance used by any person as a common carrier in the transaction

of business as a common carrier is subject to forfeiture under this section

unless it appears that the owner or other person in charge of the

conveyance is a consenting party or privy to a violation of this chapter.

(2) No conveyance is subject to forfeiture under this section by reason of any

act or omission established by the owner thereof to have been committed or

omitted without the owner's knowledge or consent.

(3) A conveyance is not subject to forfeiture for a violation of subsection 7 of

section 19-03.1-23 or subsection 3 of section 19-03.2-03.

(4) A forfeiture of a conveyance encumbered by a bona fide security interest is

subject to the interest of the secured party if the secured party neither had

knowledge of nor consented to the act or omission.

f. All books, records, and research products and materials, including formulas,

microfilm, tapes, and data which are used, or intended for use, in violation of this

chapter.

g. All drug paraphernalia as defined in chapter 19-03.4.

h. All money, coin, currency, and everything of value furnished, or intended to be

furnished, in exchange for a controlled substance in violation of this chapter or an

imitation controlled substance in violation of chapter 19-03.2, and all real and

personal property, assets, profits, income, proceeds, or an interest therein,

acquired or derived from the unlawful purchase, attempted purchase, delivery,

attempted delivery, manufacturing, or attempted manufacturing of any controlled

substance or imitation controlled substance.

2. Property subject to forfeiture under this chapter, except conveyances, may be seized

by the board upon process issued by any district court having jurisdiction over the

property. A conveyance subject to forfeiture under this chapter may be seized by a

state, county, or city law enforcement agency upon process issued by any district court

having jurisdiction over the conveyance. Seizure without process may be made if:

a. The seizure is incident to an arrest or a search under a search warrant or an

inspection under an administrative inspection warrant.

b. The property subject to seizure has been the subject of a prior judgment in favor

of the state in a criminal injunction or forfeiture proceedings based upon this

chapter.

c. The board or a law enforcement agency has probable cause to believe that the

property is directly or indirectly dangerous to health or safety.

d. The board or a law enforcement agency has probable cause to believe that the

property was used or is intended to be used in violation of this chapter.

3. In the event of seizure pursuant to subsection 2, proceedings under subsection 4 must

be instituted promptly.

4. Property taken or detained under this section is not subject to replevin, but is deemed

to be in custody of the board or a law enforcement agency subject only to the orders

and decrees of the district court having jurisdiction over the forfeiture proceedings as

set out in subsection 2. When property is seized under this chapter, the board or a law

enforcement agency may:

a. Place the property under seal.

b. Remove the property to a place designated by it.

c. Require the attorney general to take custody of the property and remove it to an

appropriate location for disposition in accordance with law.

5. When property is forfeited under this chapter, the board or a law enforcement agency

may:

a. Retain it for official use or transfer the custody or ownership of any forfeited

property to any federal, state, or local agency. The board shall ensure the

equitable transfer of any forfeited property to the appropriate federal, state, or

local law enforcement agency so as to reflect generally the contribution of that

agency participating directly in any of the acts that led to the seizure or forfeiture

of the property. A decision to transfer the property is not subject to review.

b. Sell that which is not required to be destroyed by law and which is not harmful to

the public. The proceeds must be used for payment of all proper expenses of the

proceedings for forfeiture and sale, including expenses of seizure, maintenance

of custody, advertising, and court costs, with any remaining proceeds to be

deposited, subject to section 54-12-14, in the appropriate state, county, or city

general fund. When two or more law enforcement agencies are involved in

seizing a conveyance, the remaining proceeds may be divided proportionately.

c. Require the attorney general to take custody of property and remove it for

disposition in accordance with law.

d. Forward it to the bureau for disposition.

e. Use the property, including controlled substances, imitation controlled

substances, and plants forfeited under subsections 6 and 7, in enforcement of

this chapter. However, in a case involving the delivery of a forfeited controlled

substance by a law enforcement officer or a person acting as an agent of a law

enforcement officer, no prosecution or conviction for simple possession of a

controlled substance under subsection 5 of section 19-03.1-23 may be based

upon the forfeited controlled substances supplied by the law enforcement officer

or the officer's agent.

6. Controlled substances as defined in this chapter and imitation controlled substances

as defined in chapter 19-03.2 that are possessed, transferred, sold, or offered for sale

in violation of this chapter and drug paraphernalia as defined in chapter 19-03.4 are

contraband and must be seized and summarily forfeited to the state. Controlled

substances as defined in this chapter and imitation controlled substances as defined in

chapter 19-03.2, which are seized or come into the possession of the state and drug

paraphernalia as defined in chapter 19-03.4, the owners of which are unknown, are

contraband and must be summarily forfeited to the state.

7. Species of plants from which controlled substances in schedules I and II may be

derived which have been planted or cultivated in violation of this chapter, or of which

the owners or cultivators are unknown, or which are wild growths, may be seized and

summarily forfeited to the state.

8. The failure, upon demand by the board, or its authorized agent, of the person in

occupancy or in control of land or premises upon which the species of plants are

growing or being stored to produce an appropriate registration, or proof that the person

is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
N.D. Cent. Code § 19-17-01 — ND Code / Title 19 / Chapter 19-17 / Section 19-17-01
19-17-01. Definitions
Status: in_force

19-17-01. Definitions

When used in this chapter, unless the context otherwise requires:

1. "Flour" includes and is limited to the foods commonly known in the milling and baking

industries as:

a. White flour, also known as wheat flour or plain flour;

b. Bromated flour;

c. Self-rising flour, also known as self-rising white flour or self-rising wheat flour; and

d. Phosphated flour, also known as phosphated white flour or phosphated wheat

flour,

but excludes whole wheat flour and also excludes special flours not used for bread,

roll, bun, or biscuit baking, such as specialty, cake, pancake, and pastry flours.

2. "Person" means an individual, a corporation, a limited liability company, a partnership,

an association, a joint stock company, a trust, or any group of persons whether

incorporated or not, engaged in the commercial manufacture or sale of flour, white

bread, or rolls.

3. "Rolls" includes plain white rolls and buns of the semibread dough type, namely soft

rolls, such as hamburger rolls, hot dog rolls, parkerhouse rolls, and hard rolls, such as

Vienna rolls and kaiser rolls, but does not include yeast-raised sweet rolls or sweet

buns made with fillings or coatings, such as cinnamon rolls or buns and butterfly rolls.

4. "White bread" means any bread made with flour whether baked in a pan or on a hearth

or screen, which is commonly known or usually represented and sold as white bread,

including Vienna bread, French bread, and Italian bread.
N.D. Cent. Code § 19-22.1-02 — ND Code / Title 19 / Chapter 19-22.1 / Section 19-22.1-02
19-22.1-02. Artificial coloring
Status: in_force

19-22.1-02. Artificial coloring

The department shall prescribe by regulation the meaning of "artificial coloring".
N.D. Cent. Code § 19-02.1-16.3 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-16.3
19-02.1-16.3. Pharmacy benefits managers - Step therapy protocols - Limitations
Status: in_force

19-02.1-16.3. Pharmacy benefits managers - Step therapy protocols - Limitations

1. As used in this section:

a. "Metastatic cancer" means cancer that has spread from the primary or original

site to lymph nodes, nearby tissues, or other parts of the body.

b. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.

c. "Step therapy protocol" means a protocol requiring an individual use a drug, or

sequence of drugs, other than the prescription drug, or sequence of prescription

drugs, the individual's health care provider recommends for the individual's

treatment, before the pharmacy benefits manager or health plan allows coverage

for the recommended prescription drug, or sequence of prescription drugs.

2. A pharmacy benefits manager or a health plan may not require a step therapy protocol

for coverage of a recommended prescription drug, or sequence of prescription drugs,

approved by the United States food and drug administration if:

a. The recommended prescription drug, or sequence of prescription drugs, is

prescribed to treat the individual's diagnosis of metastatic cancer; and

b. The use of the recommended prescription drug, or sequence of prescription

drugs, is consistent with the United States food and drug administration-approved

indications or is supported by peer-reviewed medical literature.

3. This section does not require coverage of a nonformulary prescription drug.
N.D. Cent. Code § 19-01-17 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-17
19-01-17. Form of license to be issued
Status: in_force

19-01-17. Form of license to be issued

All licenses and permits issued by the department must be uniform insofar as practicable

and must be on a suitable blank provided and prescribed by the department. If two or more

licenses or permits are issued to the same person or corporation, they must be on one and the

same blank when possible and practicable.
N.D. Cent. Code § 19-04-05 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-05
19-04-05. Definitions of terms used in preceding section
Status: in_force

19-04-05. Definitions of terms used in preceding section

The terms "drug", "medicine", "patent or proprietary medicine", "pill", "tablet", "powder",

"capsule", "cosmetic", "disinfectant", "antiseptic", or "condiment" as used in section 19-04-04

include all remedies for internal, external, or technical use, either in package or bulk, simple,

mixed, or compound.
N.D. Cent. Code § 19-21-04 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-04
19-21-04. Hearing before report of criminal violation
Status: in_force

19-21-04. Hearing before report of criminal violation

Before any violation of this chapter is reported by the department to any state's attorney for

institution of a criminal proceeding, the person against whom such proceeding is contemplated

must be given appropriate notice and an opportunity to present the person's views, either orally

or in writing, with regard to such contemplated proceeding.
N.D. Cent. Code § 19-03.6-05 — ND Code / Title 19 / Chapter 19-03.6 / Section 19-03.6-05
19-03.6-05. Penalty
Status: in_force

19-03.6-05. Penalty

Any person violating this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 19-08-03 — ND Code / Title 19 / Chapter 19-08 / Section 19-08-03
19-08-03. Requirements for labeling - Standards of purity and quality
Status: in_force

19-08-03. Requirements for labeling - Standards of purity and quality

The requirements for labeling and standards of purity and quality of all beverages included

in this chapter are the same as those required under chapter 19-02.1, together with such other

standards and rules the department may adopt pursuant to chapter 28-32 to carry out the intent

of this chapter.
N.D. Cent. Code § 19-02.1-12.1 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-12.1
19-02.1-12.1. Misrepresentation of cell-cultured protein as meat food product prohibited
Status: in_force

19-02.1-12.1. Misrepresentation of cell-cultured protein as meat food product

prohibited.

1. A person may not advertise, offer for sale, sell, or misrepresent cell-cultured protein as

a meat food product. A cell-cultured food product:

a. May not be packaged in the same, or deceptively similar, packaging as a meat

food product; and

b. Must be labeled as a cell-cultured food product.

2. For purposes of this section, "deceptively similar" means packaging that could mislead

a reasonable person to believe the product is a meat food product.
N.D. Cent. Code § 19-03.3-02 — ND Code / Title 19 / Chapter 19-03.3 / Section 19-03.3-02
19-03.3-02. Prescription or administration of drugs by physician
Status: in_force

19-03.3-02. Prescription or administration of drugs by physician

Notwithstanding any other provision of law, a physician may prescribe or administer

controlled substances to a patient in the course of the physician's treatment of the patient for

pain. A physician shall keep records of purchases and disposals of controlled substances

prescribed or administered under this section. The records must include the date of purchase,

the date of sale or administration by the physician, the name and address of the patient, and the

reason for the prescribing or the administering of the substances to the patient.
N.D. Cent. Code § 19-24.1-31 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-31
19-24.1-31. Verification system
Status: in_force

19-24.1-31. Verification system

1. The department shall maintain a confidential list of cardholders and each cardholder's

address, phone number, and registry identification number.

2. The department shall establish a secure verification system. The verification system

must allow law enforcement personnel, health care providers, pharmacists,

compassion centers, and compassion center agents twenty-four-hour access to enter

a registry identification number to determine whether the number corresponds with a

current valid registry identification card. The system may disclose:

a. Whether an identification card is valid;

b. The name of the cardholder;

c. Whether the cardholder is a registered qualifying patient, registered designated

caregiver, or registered compassion center agent;

d. Whether a registered qualifying patient is a minor; and

e. The registry identification number of any affiliated registered qualifying patient,

registered designated caregiver, or compassion center.
N.D. Cent. Code § 19-06.1-03 — ND Code / Title 19 / Chapter 19-06.1 / Section 19-06.1-03
19-06.1-03. Use of word honey in products not resembling honey
Status: in_force

19-06.1-03. Use of word honey in products not resembling honey

Products which do not resemble honey but which contain honey as an ingredient may

include the word "honey" in the name of the product. The relative position of the word "honey" in

the product name must be determined by the predominance of honey as an ingredient.
N.D. Cent. Code § 19-22-05 — ND Code / Title 19 / Chapter 19-22 / Section 19-22-05
19-22-05. Penalty
Status: in_force

19-22-05. Penalty

Any person who violates any of the provisions of this chapter is guilty of a class B

misdemeanor.
N.D. Cent. Code § 19-02.1-05 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-05
19-02.1-05. Seizure
Status: in_force

19-02.1-05. Seizure

1. Whenever a duly authorized agent of the department finds or has probable cause to

believe that any food, drug, device, or cosmetic is adulterated or so misbranded as to

be dangerous or fraudulent, within the meaning of this chapter, the authorized agent

shall affix to such article a tag or other appropriate marking, giving notice that such

article is, or is suspected of being, adulterated or misbranded and has been detained

or embargoed, and warning all persons not to remove or dispose of such article by

sale or otherwise until permission for removal or disposal is given by such agent or the

court. It is unlawful for any person to remove or dispose of such detained or

embargoed article by sale or otherwise without such permission.

2. When an article detained or embargoed under subsection 1 has been found by such

agent to be adulterated or misbranded, the authorized agent shall petition the judge of

the district court in the county in which the article is detained or embargoed for a libel

for condemnation of such article. When such agent has found that an article so

detained or embargoed is not adulterated or misbranded, the authorized agent shall

remove the tag or other marking.

3. If the court finds that a detained or embargoed article is adulterated or misbranded,

such article must, after entry of the decree, be destroyed at the expense of the

claimant thereof, under the supervision of such agent, and all court costs and fees,

and storage and other proper expenses, must be taxed against the claimant of such

article or the claimant's agent; provided, that when the adulteration or misbranding can

be corrected by proper labeling or processing of the article, the court, after entry of the

decrees and after such costs, fees, and expenses have been paid and a good and

sufficient bond, conditioned that such article must be so labeled or processed, has

been executed, may by order direct that such article be delivered to the claimant

thereof for such labeling or processing under the supervision of an agent of the

department. The expense of such supervision must be paid by the claimant. Such

must be returned to the claimant of the article on the representation to the court by the

department that the article is no longer in violation of this chapter, and that the

expenses of such supervision have been paid.

4. Whenever an authorized agent of the department finds in any room, building, vehicle

of transportation or other structure, any meat, seafood, poultry, vegetable, fruit, or

other perishable articles which are unsound, or contain any filthy, decomposed, or

putrid substance, or that may be poisonous or deleterious to health or otherwise

unsafe, the same being hereby declared to be a nuisance, the department's authorized

agent shall forthwith condemn or destroy the same, or in any other manner render the

same unsalable as human food.

5. Any person, firm, corporation, or limited liability company having an interest in the

alleged article, equipment, or other thing proceeded against, or any person, firm,

corporation, or limited liability company against whom a civil or criminal liability would

exist if said merchandise is in violation of section 19-02.1-02 may, within twenty days

following the seizure, appear and file answer to the complaint. The answer must allege

the interest or liability of the party filing it. In all other respects, the issue must be made

up as in other civil actions.

6. Any article, equipment, conveyance, or other thing condemned under this section

must, after entry of the decree, be disposed of by destruction or sale as the court may,

in accordance with the provisions of this section, direct and the proceeds thereof, if

sold, less the legal costs and charges, must be paid to the treasurer of the state; but

such article, equipment, or other thing may not be sold under such decree contrary to

provisions of this chapter.

7. Whenever in any proceedings under this section the condemnation of any equipment

or conveyance or other thing, other than a drug, is decreed, the court shall allow the

claim of any claimant, to the extent of such claimant's interest, for remission or

mitigation of such forfeiture if such claimant proves to the satisfaction of the court all of

the following:

a. The claimant has not committed or caused to be committed any prohibited act

referred to in chapter 19-03.1 and has no interest in any drug or controlled

substance referred to therein.

b. The claimant has an interest in such equipment, or other thing as owner or lienor

or otherwise, acquired by the claimant in good faith.

c. The claimant at no time had any knowledge or reason to believe that such

equipment, conveyance, or other thing was being or would be used in, or to

facilitate, the violation of the laws of this state relating to depressant, stimulant, or

hallucinogenic drugs or counterfeit drugs.

8. When a decree of condemnation is entered against the article, equipment,

conveyance, or other thing, court costs and fees and storage and other proper

expenses must be awarded against the person, if any, intervening as claimant of the

article.
N.D. Cent. Code § 19-21-10 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-10
19-21-10. Short title
Status: in_force

19-21-10. Short title

This chapter may be cited as the Hazardous Substances Labeling Act.
N.D. Cent. Code § 19-03.1-42 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-42
19-03.1-42. Uniformity of interpretation
Status: repealed

19-03.1-42. Uniformity of interpretation

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 19-02.1-23 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-23
19-02.1-23. Prohibition against manufacture of drugs - Exceptions
Status: repealed

19-02.1-23. Prohibition against manufacture of drugs - Exceptions

Repealed by S.L. 1971, ch. 235, § 49.
N.D. Cent. Code § 19-06.1-02 — ND Code / Title 19 / Chapter 19-06.1 / Section 19-06.1-02
19-06.1-02. Prohibited acts
Status: in_force

19-06.1-02. Prohibited acts

No person may sell, keep for sale, or offer for sale any product which:

1. Resembles honey and is labeled as "honey".

2. Is not pure honey and is labeled with a picture or drawing of a bee, beehive, or

honeycomb.

3. Contains a mixture of honey and any other ingredient and is labeled as "honey".

4. Contains honey and any other ingredient unless the container bears a label which lists

the ingredients in their order of predominance. In the ingredients statement, the word

"honey" must appear in the same type size as the other ingredients.
N.D. Cent. Code § 19-17-02 — ND Code / Title 19 / Chapter 19-17 / Section 19-17-02
19-17-02. Flour standards
Status: in_force

19-17-02. Flour standards

It is unlawful for any person to manufacture, mix, compound, sell, or offer for sale, for

human consumption in this state, flour unless vitamin and mineral levels are in conformity with

the legally established governing interstate shipments of enriched flour. However, the terms of

this section do not apply to flour sold to distributors, bakers, or other processors, if the

purchaser furnishes to the seller a certificate, in such form as the department shall by regulation

prescribe, certifying that such flour will be:

1. Resold to a distributor, baker, or other processor;

2. Used in the manufacture, mixing, or compounding of flour, white bread, or rolls

enriched to meet the requirements of this chapter; or

3. Used in the manufacture of products other than flour, white bread, or rolls.

It is unlawful for any such purchaser so furnishing any such certificate to use or resell the flour

so purchased in any manner other than as prescribed.
N.D. Cent. Code § 19-02.1-08 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-08
19-02.1-08. Food - Definitions and standards
Status: in_force

19-02.1-08. Food - Definitions and standards

Whenever in the judgment of the department such action will promote honesty and fair

dealing in the interest of consumers, the department shall promulgate regulations fixing and

establishing for any food or class of food a reasonable definition and standard of identity or

reasonable standard of quality or fill of container. In prescribing a definition and standard of

identity for any food or class of food in which optional ingredients are permitted, the department

shall, for the purpose of promoting honesty and fair dealing in the interest of consumers,

designate the optional ingredients which must be named on the label. The definitions and

standards so promulgated must conform so far as practicable to the definitions and standards

promulgated under authority of the federal act.
N.D. Cent. Code § 19-24.1-33 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-33
19-24.1-33. Limitations
Status: in_force

19-24.1-33. Limitations

This chapter does not authorize a person to engage in, and does not prevent the imposition

of any civil liability or criminal liability or other penalties for engaging in the following conduct:

1. Undertaking an activity under the influence of marijuana if doing so would constitute

negligence or professional malpractice.

2. Possessing or consuming usable marijuana:

a. On a school bus or school van that is used for school purposes;

b. On the grounds of any public or private school;

c. At any location while a public or private school sanctioned event is occurring at

that location;

d. On the grounds of a correctional facility; or

e. On the grounds of a child care facility or licensed home day care, unless

authorized under rules adopted by the department.

3. Undertaking any activity prohibited by section 23-12-09, 23-12-10, 23-12-10.2,

23-12-10.4, 23-12-10.5, or 23-12-11.

4. Using a combustible delivery form of usable marijuana or vaporizing usable marijuana

under this chapter if the smoke or vapor would be inhaled by a minor who is not the

registered qualifying patient for whom the usable marijuana is intended.

5. Operating, navigating, or being in actual physical control of a motor vehicle, aircraft,

train, or motorboat, while under the influence of marijuana. However, a registered

qualifying patient may not be considered to be under the influence of marijuana solely

because of the presence of metabolites or components of marijuana that appear in

insufficient concentration to cause impairment.
N.D. Cent. Code § 19-03.1-23.3 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-23.3
19-03.1-23.3. Drug currency forfeiture
Status: in_force

19-03.1-23.3. Drug currency forfeiture

1. There is a presumption of forfeiture for money, coin, currency, and everything of value,

furnished or intended to be furnished, in exchange for a controlled substance in

violation of chapter 19-03.1 or imitation controlled substance in violation of chapter

19-03.2, if the state offers a reasonable basis to believe, based on the following

circumstances, that there is a substantial connection between the property and an

offense listed in chapter 19-03.1 or 19-03.2:

a. The property at issue is currency in excess of ten thousand dollars which, at the

time of seizure, was being transported through an airport, on a highway, or at a

port-of-entry, and the property was packaged or concealed in a highly unusual

manner, the person transporting the property provided false information to any

law enforcement officer who lawfully stopped the person for investigative

purposes, the property was found in close proximity to a measurable quantity of

any controlled substance, or the property was the subject of a positive alert by a

properly trained dog;

b. The property at issue was acquired during a period of time when the person who

acquired the property was engaged in an offense under chapter 19-03.1 or

19-03.2 or within a reasonable time after the period, and there is no likely source

for the property other than that offense;

c. The property at issue was, or was intended to be, transported, transmitted, or

transferred to or from a major drug-transit country, a major illicit drug-producing

country, or a major money-laundering country, and the transaction giving rise to

the forfeiture:

(1) Occurred in part in a state or foreign country whose bank secrecy laws

render this state unable to obtain records relating to the transaction; or

(2) Was conducted by, to, or through a corporation that does not conduct any

ongoing and significant commercial or manufacturing business or any other

form of commercial operation which was not engaged in any legitimate

business activity; or

d. A person involved in the transaction giving rise to the forfeiture action has been

convicted in a federal, state, or foreign jurisdiction of an offense equivalent to an

offense under chapter 19-03.1 or 19-03.2 or a felony involving money laundering,

or is a fugitive from prosecution for any of these offenses.

2. The presumption in this section does not preclude the use of other presumptions or

the establishment of probable cause based on criteria other than those set forth in this

section.
N.D. Cent. Code § 19-03.1-36.6 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36.6
19-03.1-36.6. Hearing on contested forfeiture - Order releasing or forfeiting property
Status: in_force

19-03.1-36.6. Hearing on contested forfeiture - Order releasing or forfeiting property

1. If an answer is filed within the time limits in this chapter, the forfeiture proceedings

must be set for hearing before the court. At the hearing, the state shall establish a valid

seizure of the property to be forfeited, and the property meets the requirements of

subsection 2 of section 19-03.1-36.2. Following the state's case, any owner or person

with a legal interest in the property to be forfeited who has filed an answer to the

complaint has the burden of proving that the property to be forfeited is not subject to

forfeiture under this chapter. If the court finds that the property is not subject to

forfeiture under this chapter, the court shall order the property released to the owner or

other person with a legal interest in the property as that person's right, title, or interest

appears. The court shall order the property forfeited if it determines that such property

or an interest therein is subject to forfeiture.

2. A court ordering property forfeited under subsection 1 may order only the forfeited

property or proceeds from the sale of forfeited property to be deposited with a political

subdivision if the political subdivision has created a civil asset forfeiture fund. If the

political subdivision does not have a civil asset forfeiture fund, any forfeited property

and proceeds from the sale of forfeited property must be deposited in the attorney

general's asset forfeiture fund.

3. A political subdivision that has a civil asset forfeiture fund shall establish an application

process, including eligibility criteria, to accept and process applications from law

enforcement agencies within the political subdivision's jurisdiction for an appropriation

from the civil asset forfeiture fund.

4. This section does not prohibit the state and a political subdivision from entering an

agreement to divide forfeited property and the proceeds from the sale of forfeited

property.
N.D. Cent. Code § 19-06.1-06 — ND Code / Title 19 / Chapter 19-06.1 / Section 19-06.1-06
19-06.1-06. Penalty
Status: in_force

19-06.1-06. Penalty

Any person who violates any provision of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 19-02.1-26 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-26
19-02.1-26. Limitation on exemplary damages
Status: in_force

19-02.1-26. Limitation on exemplary damages

1. Exemplary damages may not be awarded against the manufacturer or seller of a

product or device that caused the harm claimed by the plaintiff if:

a. The product or device was subject to approval under 21 U.S.C. 355 or premarket

approval under 21 U.S.C. 360e by the food and drug administration with respect

to the safety of formulation or performance of the aspect of the product or device

that caused the harm, or by the adequacy of the packaging or labeling of the

product or device; or

b. The product or device was approved by the food and drug administration.

2. Subsection 1 does not apply in a case in which it is determined on the basis of clear

and convincing evidence that the defendant:

a. Withheld from or misrepresented to the food and drug administration information

concerning the product or device which is required to be submitted under the

federal act which is material and relevant to the harm suffered by the claimant;

b. Made an illegal payment to an official of the food and drug administration for the

purpose of securing approval of the product or device;

c. Failed to use reasonable care to comply with the food and drug administration

regulations concerning the manufacture of, or the investigation and correction of

defects in design or manufacture of, a medical device, and the failure to comply

has caused the harm suffered by the plaintiff;

d. Made a significant or knowing departure from official food and drug administration

requirements; or

e. Acted with conscious disregard for human safety.
N.D. Cent. Code § 19-24.1-39 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-39
19-24.1-39. Report to legislative management
Status: repealed

19-24.1-39. Report to legislative management

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 19-02.1-10 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-10
19-02.1-10. Food - Misbranding defined
Status: in_force

19-02.1-10. Food - Misbranding defined

A food must be deemed to be misbranded:

1. If its labeling is false or misleading in any particular.

2. If it is offered for sale under the name of another food.

3. If it is an imitation of another food for which a definition and standard of identity has

been prescribed by regulations as provided by section 19-02.1-08 or if it is an imitation

of another food that is not subject to subsection 7, unless its label bears in type of

uniform size and prominence the word imitation and immediately thereafter the name

of the food imitated.

4. If its container is so made, formed, or filled as to be misleading.

5. If in package form, unless it bears a label containing:

a. The name and place of business of the manufacturer, packer, or distributor;

b. An accurate statement of the quantity of the contents in terms of weight,

measure, or numerical count; and

c. In the case of beverages that are manufactured, distributed, and sold under a

franchise or trademark name indicated thereon, whereby the person, firm,

corporation, or limited liability company owning the franchise or trademark has

control over the distribution, such beverages may be exempt from this

subsection, if a certified statement is filed with the department, stating the name

and address of the manufacturer or distributor, and a statement signed by the

manufacturer or distributor that they assume all responsibility and liability for the

product named, which is being sold, or offered for sale, under such name within

the area of the state designated, which certificate must be in the following form:

NORTH DAKOTA DEPARTMENT OF HEALTH AND HUMAN SERVICES

BISMARCK, NORTH DAKOTA

BEVERAGE LABELING EXEMPTIONS CERTIFICATE

I, _______________________, the undersigned, an agent of and having

authority to sign, do hereby certify that the following information is correct:

Name and address of company requesting exemption

_________________________________________________

Name __________________________________________

Street Address ________________________________

City or Town __________________________________

State _________________________________________

Name of Product _______________________________

Brand Name ____________________________________

In order to be exempt from subdivisions a and b of subsection 5 of section

19-02.1-10 of the North Dakota Century Code, relating to misbranding of food,

which requires the name and address of the real manufacturer or other persons

responsible for placing the product upon the market, I, the undersigned, do bind

the company listed above by agreeing to assume all responsibility for the product

named in this certificate which is being sold, or offered for sale under such name

and brand name within the area consisting of _________________ in the State of

North Dakota.

Note: The area must be designated by counties or other legal subdivisions of the

city, county, or state.

Firm _____________________________

Signed ___________________________

Title ____________________________

Address __________________________

Note: If signed by a person other than an officer of the company, authorization for

signature must accompany this form. This certificate must be acknowledged.

Provided, that under subdivision b reasonable variations must be permitted, and

exemptions as to small packages must be established, by regulations prescribed by

the department.

6. If any word, statement, or other information required by or under authority of this

chapter to appear on the label or labeling is not prominently placed thereon with such

conspicuousness, as compared with other words, statements, designs, or devices, in

the labeling, and in such terms as to render it likely to be read and understood by the

ordinary individual under customary conditions of purchase and use.

7. If it purports to be or is represented as a food for which a definition and standard of

identity has been prescribed by regulations as provided by section 19-02.1-08 unless it

conforms to such definition and standard, its label bears the name of the food

specified in the definition and standard, and, insofar as may be required by such

regulations, the common names of optional ingredients, other than spices, flavoring,

and coloring, present in such food.

8. If it purports to be or is represented as:

a. A food for which a standard of quality has been prescribed by regulations as

provided by section 19-02.1-08 and its quality falls below such standard unless its

label bears, in such manner and form as such regulations specify, a statement

that it falls below such standard; or

b. A food for which a standard or standards of fill of container have been prescribed

by regulation as provided by section 19-02.1-08, and it falls below the standard of

fill of container applicable thereto, unless its label bears, in such manner and form

as such regulations specify, a statement that it falls below such standard.

9. If it is not subject to the provisions of subsection 7, unless it bears labeling clearly

giving:

a. The common or usual name of the food, if any there be; and

b. The common or usual name of each such ingredient, in case it is fabricated from

two or more ingredients, except that spices, flavorings, and colorings, other than

those sold as such, may be designated as spices, flavorings, and colorings

without naming each; provided, that to the extent that compliance with the

requirements of this subdivision is impracticable or results in deception or unfair

competition, exemptions must be established by regulations promulgated by the

department and, provided further, that the requirements of this subdivision do not

apply to food products which are packaged at the direction of purchasers at retail

at the time of sale, the ingredients of which are disclosed to the purchasers by

other means in accordance with regulations promulgated by the department.

10. If it purports to be or is represented for special dietary uses, unless its label bears such

information concerning its vitamin, mineral, and other dietary properties as the

department determines to be, and by regulations prescribes as, necessary in order to

fully inform purchasers as to its value for such uses.

11. If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative,

unless it bears labeling stating that fact; provided, that the extent that compliance with

the requirements of this subsection is impracticable, exemptions must be established

by regulations promulgated by the department.

12. If it is a product intended as an ingredient of another food and when used according to

the directions of the purveyor will result in the final food product being adulterated or

misbranded.

13. If it is a color additive unless its packaging and labeling are in conformity with such

packaging and labeling requirements applicable to such color additive prescribed

under the provisions of the federal act.

14. If it is a raw agricultural commodity that is the produce of the soil, bearing or containing

a pesticide chemical applied after harvest, unless the shipping container of the

commodity bears labeling that declares the presence of the chemical in or on the

commodity and the common or usual name and the function of the chemical. No such

declaration is required while the commodity, having been removed from the shipping

container, is being held or displayed for sale at retail out of the container in accordance

with the custom of the trade.

15. If its packaging or labeling is in violation of an applicable regulation issued under

section 3 or 4 of the Poison Prevention Packaging Act of 1970.
N.D. Cent. Code § 19-01-09 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-09
19-01-09. Right of inspection - Penalty
Status: in_force

19-01-09. Right of inspection - Penalty

For obtaining information regarding suspected violations of any provision contained in this

title, the department, its inspectors and agents, shall have free access to all places, except

private homes, and all vehicles of transportation where and in which any of the products,

articles, compositions, or things designated in any chapter in this title are manufactured, stored,

sold, exposed for sale, prepared for sale, held, or transported. Such inspectors and other agents

of the department may open any car, vehicle, package, can, jar, tub, tank, or other receptacle

containing any such product, articles, composition, or thing, for the purpose of inspection, and

may take therefrom such sample as may be required to permit such contents to be inspected

and analyzed, upon paying or offering to pay to the person entitled thereto the full value of the

sample so taken. Agents, bookkeepers, transportation officers, and other employees connected

with or having control over any place or vehicle in which any such products, articles,

compositions, or things, are manufactured, stored, sold, exposed for sale, prepared for sale,

held, or transported, shall render all assistance and aid within their power to inspectors and

agents of the department in carrying out the provisions of any chapter contained in this title. Any

person obstructing any such agent or inspector of the department in making the entry or

inspection or in taking the samples authorized under the provisions of this section or failing upon

request to assist therein is guilty of a class A misdemeanor.
N.D. Cent. Code § 19-21-08 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-08
19-21-08. Publicity
Status: in_force

19-21-08. Publicity

The department may cause to be published from time to time reports summarizing any

judgments, decrees, or court orders which have been rendered under this chapter, including the

nature of the charge and the disposition thereof. The department may also cause information to

be disseminated regarding hazardous substances in situations involving, in the opinion of the

department, imminent danger to health. Nothing in this section may be construed to prohibit the

department from collecting, reporting, and illustrating the results of the investigations of the

department.
N.D. Cent. Code § 19-01-01 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-01
19-01-01. Definitions of terms used in title
Status: in_force

19-01-01. Definitions of terms used in title

In this title, unless the context or subject matter otherwise requires:

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

2. "Person" includes both the singular and the plural, as the case demands, and includes

individuals, partnerships, corporations, limited liability companies, companies, and

associations, or two or more individuals having a joint or common interest.
N.D. Cent. Code § 19-03.1-14 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-14
19-03.1-14. Republishing of schedules
Status: in_force

19-03.1-14. Republishing of schedules

The board shall revise and republish the schedules annually.
N.D. Cent. Code § 19-02.1-16.5 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-16.5
19-02.1-16.5. Pharmacy benefits managers - Prohibition on discrimination - Penalty
Status: in_force

19-02.1-16.5. Pharmacy benefits managers - Prohibition on discrimination - Penalty

1. As used in this section:

a. "Pharmacy" means a pharmacy licensed under the laws of this state.

b. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.

2. A pharmacy benefits manager may not discriminate against or interfere with a covered

entity participating under section 340B of the federal Public Health Service Act

[42 U.S.C. 201 et seq.] or a pharmacy under contract with a covered entity under

section 340B of the federal Public Health Service Act to provide pharmacy services on

behalf of the covered entity. This includes refusing to contract with a pharmacy.

3. A pharmacy benefits manager may not modify, by contract, provider manual, or other

means, the definition of pharmacy as defined in this section, reimburse a lower dollar

amount for a drug purchased under section 340B than if the drug had been purchased

outside section 340B, or interfere with any section 340B pharmacy service between

the covered entity and the contracted pharmacy.

4. A pharmacy benefits manager may not directly or indirectly, on behalf of a pharmacy

benefits manager, a carrier, or a health plan, charge or hold a pharmacy responsible

for a fee for any step, component, or mechanism related to the claims adjudication

processing network.

5. Contract and claim information between the covered entity and contracted pharmacy is

confidential.

6. A pharmacy benefits manager that violates this section is guilty of a class B

misdemeanor for each violation occurrence.
N.D. Cent. Code § 19-24.1-12 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-12
19-24.1-12. Compassion centers
Status: in_force

19-24.1-12. Compassion centers

1. A person may not process or produce or dispense usable marijuana or otherwise act

as a compassion center in this state unless the person is registered as a compassion

center.

2. Except as otherwise provided under this section, the department shall register no more

than:

a. Two compassion centers with the sole purpose of operating as a manufacturing

facility; and

b. Eight compassion centers with the sole purpose of operating as a dispensary.

3. The department shall establish an open application period for the submission of

compassion center applications. At the completion of the open application period, the

department shall review each complete application using a competitive process

established in accordance with rules adopted under this chapter and shall determine

which applicants to register as compassion centers.

4. The department may register additional compassion centers if the department

determines additional compassion centers are necessary to increase access to usable

marijuana by registered qualifying patients and registered designated caregivers.

5. If the department revokes or does not renew a compassion center registration

certificate, the department may establish an open application period for the submission

of compassion center applications.

6. The department of commerce may not certify a compassion center as a primary sector

business.
N.D. Cent. Code § 19-24.1-36 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-36
19-24.1-36. Rules
Status: in_force

19-24.1-36. Rules

1. The department shall adopt rules as necessary for the implementation and

administration of this chapter, including transportation and storage of marijuana and

usable marijuana, advertising, packaging and labeling, standards for testing facilities,

inventory management, and accurate recordkeeping.

2. The department may adopt rules regarding the operation and governance of additional

categories of registered medical marijuana establishments.

3. The department shall adopt rules to establish requirements for reporting incidents of

individuals not authorized to possess marijuana or usable marijuana under this chapter

and who are found in possession of marijuana or usable marijuana. The rules must

identify professionals required to report, the information the reporter is required to

report, and actions the reporter shall take to secure the marijuana or usable marijuana.

4. The department shall adopt rules to establish requirements for law enforcement

officials and health care professionals to report to the department incidents involving

overdose or adverse reaction related to the use of usable marijuana.

5. The department shall adopt rules to regulate the form, manufacturing, packaging,

labeling, and marketing of a cannabinoid edible product. The rules must prohibit the

marketing of a cannabinoid edible product to a minor.
N.D. Cent. Code § 19-01-16 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-16
19-01-16. Enforcement by department - Duty of state's attorney to prosecute
Status: in_force

19-01-16. Enforcement by department - Duty of state's attorney to prosecute

The department shall enforce the provisions contained in this title and may prevent the

manufacture or sale of products, articles, compositions, or things not complying with any

provisions of this title applicable thereto. The department shall report each violation of any such

provision to the state's attorney of the county within which such violation occurred. Any state's

attorney to whom the department or any of its inspectors or agents shall report any such

violation, without delay, shall cause appropriate proceedings to be instituted for the enforcement

of the appropriate penalty.
N.D. Cent. Code § 19-24.1-19 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-19
19-24.1-19. Cardholders - Compassion centers - Revocation
Status: in_force

19-24.1-19. Cardholders - Compassion centers - Revocation

1. The department may suspend or revoke a cardholder's registry identification card or a

compassion center's registration certificate for a material misstatement by an applicant

in an application or renewal.

2. The department may suspend or revoke a registry identification card or registration

certificate for a violation of this chapter or rules adopted under this chapter.

3. If a compassion center agent or a compassion center sells or otherwise transfers

marijuana or usable marijuana to a person not authorized to possess marijuana or

usable marijuana under this chapter, the department shall revoke the cardholder's

registry identification card or the compassion center's registration certificate, or both. If

the department revokes a cardholder's registry identification card under this

subsection, the cardholder may not reapply for one year from the date of an initial

revocation and five years from the date of a second revocation. Upon a third

revocation or if the revocation under this subsection 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, the cardholder is disqualified

from further participation under this chapter.

4. The department shall provide written notice of suspension or revocation of a registry

identification card or registration certificate.

a. A suspension may not be for a period longer than six months.

b. A manufacturing facility may continue to produce and process and to possess

marijuana and usable marijuana during a suspension, but may not transfer or sell

usable marijuana.

c. A dispensary may continue to possess usable marijuana during a suspension, but

may not purchase, dispense, or transfer usable marijuana.

d. The cardholder or the compassion center may appeal a denial or revocation of a

registry identification card or registry certificate, within thirty days after notice has

been given, to the district court of Burleigh County. The court may authorize the

cardholder or compassion center to appear by reliable electronic means.
N.D. Cent. Code § 19-04-09 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-09
19-04-09. Distribution of substance or device to defraud urine test prohibited - Penalty
Status: in_force

19-04-09. Distribution of substance or device to defraud urine test prohibited -

Penalty.

A person is guilty of a class A misdemeanor if that person willfully manufactures, advertises,

sells, or distributes any substance or device that is intended to defraud a urine test designed to

detect the presence of a chemical substance or a controlled substance.
N.D. Cent. Code § 19-23-02 — ND Code / Title 19 / Chapter 19-23 / Section 19-23-02
19-23-02. Pleading requirements
Status: in_force

19-23-02. Pleading requirements

1. In any action commenced under this chapter, the complaint or petition must state with

particularity the following:

a. The statute, rule, regulation, ordinance, or other law that was allegedly violated;

b. The facts that are alleged to constitute a material violation of the statute, rule,

regulation, ordinance, or other law; and

c. The facts alleged to demonstrate that the violation proximately caused actual

injury to the plaintiff.

2. The complaint or petition must also state with particularity facts sufficient to support a

reasonable inference that the violation was with intent to deceive or injure consumers

or with the actual knowledge that the violation was injurious to consumers.
N.D. Cent. Code § 19-06.1-04 — ND Code / Title 19 / Chapter 19-06.1 / Section 19-06.1-04
19-06.1-04. Use of word imitation prohibited
Status: in_force

19-06.1-04. Use of word imitation prohibited

Notwithstanding subsection 3 of section 19-02.1-10, the word "imitation" may not be used in

the name of a product which resembles honey regardless of whether or not the product contains

honey.
N.D. Cent. Code § 19-22-02 — ND Code / Title 19 / Chapter 19-22 / Section 19-22-02
19-22-02. Definitions
Status: in_force

19-22-02. Definitions

Whenever used in this chapter:

1. "Closed package" means any box, barrel, basket, crate, sack, bag, tube, or any other

type container in which all contents cannot be seen or inspected to determine the

grade, quality, or condition without the removal of all or part of the contents from such

package.

2. "Person" means a natural person, partnership, corporation, limited liability company, or

other form of business association.

3. "Retail sale" means a transfer for value to a consumer.
N.D. Cent. Code § 19-02.1-16.4 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-16.4
19-02.1-16.4. Mail order and home delivery - Prior consent - Refund
Status: in_force

19-02.1-16.4. Mail order and home delivery - Prior consent - Refund

1. If a pharmacy offers a prescription through home delivery or mail order delivery

services, the pharmacy may not initiate delivery of a refill unless:

a. The pharmacy obtains prior consent from the patient or the patient's authorized

representative; or

b. The pharmacy provides the patient with notice of the upcoming delivery through

more than one communication attempt, by different means, and the patient or the

patient's authorized representative does not respond indicating the patient does

not want the refill.

2. If a pharmacy delivers a refill in violation of subsection 1:

a. Within thirty days of the patient's or the patient's authorized representative's

notification of the pharmacy of the unwanted refill, the pharmacy shall refund all

payments received by the pharmacy relating to the unwanted refill.

b. Within thirty days of the pharmacy's, patient's, or patient's authorized

representative's notification of the health plan or the pharmacy benefits manager

of the unwanted refill, the health plan and pharmacy benefits manager shall

refund all payments received relating to the unwanted refill.
N.D. Cent. Code § 19-08-02 — ND Code / Title 19 / Chapter 19-08 / Section 19-08-02
19-08-02. Beverage - Definition
Status: in_force

19-08-02. Beverage - Definition

The term "beverage" as used in this chapter includes carbonated and noncarbonated soda

water, ginger ale, root beer, aromatic flavors, cereal or malt beverages, apple cider, tomato

juice, grape juice, and other fruit juices, imitations or compounds of any of these, concentrated

extracts and essences from which beverages are made, mineral or spring water sold under

private label, and potable water sold by a private individual, firm, corporation, or limited liability

company for household or culinary purposes.
N.D. Cent. Code § 19-03.1-46 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-46
19-03.1-46. Bail - Additional conditions of release
Status: in_force

19-03.1-46. Bail - Additional conditions of release

A court shall impose as a condition of release or bail that an individual who has been

arrested upon a felony violation of this chapter or chapter 19-03.4 not use a controlled

substance without a valid prescription from a licensed medical practitioner and that the

individual submit to a medical examination or other reasonable random testing for the purpose

of determining the person's use of a controlled substance. The court shall order the frequency of

the random testing and the location at which random testing must occur. The court shall provide

notice to the selected provider of the required examination or testing. The provider shall notify

the court if the individual fails to appear for the examination or testing. The testing must be at

the individual's own cost. Submission of an individual to a medical examination or other

reasonable random testing as a condition for release is not required if the court makes a specific

finding on the record that:

1. The individual has not been arrested for a felony offense relating to the use,

possession, manufacture, or delivery of methamphetamine;

2. The individual will appear as required by the court and will comply with all conditions of

release without submission to an examination or testing; and

3. Not imposing examination or testing as a condition of release will pose no danger to

the individual or to the community.
N.D. Cent. Code § 19-24.1-27 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-27
19-24.1-27. Compassion centers - Operating manual - Training
Status: in_force

19-24.1-27. Compassion centers - Operating manual - Training

1. A compassion center shall maintain a current copy of the compassion center's

operating manual that meets the requirements of rules adopted under this chapter.

2. A compassion center shall develop, implement, and maintain on the premises an

onsite training curriculum or shall enter contractual relationships with outside

resources capable of meeting compassion center agent training needs. A compassion

center shall ensure each compassion center agent receives training that includes:

a. Education regarding professional conduct, ethics, and state and federal laws

regarding patient confidentiality;

b. Informational developments in the field of medical use of marijuana;

c. All safety and security measures required under section 19-24.1-25;

d. Specific procedural instructions for responding to an emergency, including

robbery or violent accident; and

e. The compassion center's operating manual and all requirements related to

recordkeeping.
N.D. Cent. Code § 19-05.1-02 — ND Code / Title 19 / Chapter 19-05.1 / Section 19-05.1-02
19-05.1-02. Donor or gleaner liability for injury
Status: in_force

19-05.1-02. Donor or gleaner liability for injury

The good-faith donor of any perishable food, apparently fit for human consumption at the

time of donation, to a bona fide charitable or nonprofit organization for free distribution, or a

gleaner of any perishable food apparently fit for human consumption at the time of donation, is

not subject to criminal penalty or civil damages arising from the condition of the food, unless an

injury is caused by the grossly negligent or willful conduct of the donor or gleaner.
N.D. Cent. Code § 19-24.1-21 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-21
19-24.1-21. Compassion centers - Dispensing
Status: in_force

19-24.1-21. Compassion centers - Dispensing

1. A compassion center shall comply with the dispensing requirements of this section.

2. Design and security features of usable marijuana containers must be in accordance

with rules adopted under this chapter.

3. A manufacturing facility or agent of the manufacturing facility may not dispense

marijuana or usable marijuana, except the manufacturing facility or agent may sell

usable marijuana to a dispensary.

4. A dispensary or agent of the dispensary may not dispense usable marijuana unless

the dispensary first uses the verification system to confirm the registered qualifying

patient or registered designated caregiver identification card is valid. A dispensary or

agent of the dispensary:

a. May not dispense usable marijuana to a person other than a registered qualifying

patient or a registered qualifying patient's registered designated caregiver. If a

registered qualifying patient is a minor:

(1) The dispensary or agent of the dispensary may not dispense usable

marijuana to a minor; and

(2) The usable marijuana dispensed to the minor's designated caregiver must

be in the form of pediatric medical marijuana.

b. May not dispense to a registered qualifying patient or registered designated

caregiver more than the allowable amount of usable marijuana and may not

dispense an amount if it is known that amount would cause the recipient to

purchase or possess more usable marijuana than is permitted under this chapter.
N.D. Cent. Code § 19-21-04.1 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-04.1
19-21-04.1. Injunction proceedings
Status: in_force

19-21-04.1. Injunction proceedings

In addition to any other remedy provided in this chapter, the department is hereby

authorized to apply to the district court of Burleigh County, and such court shall have jurisdiction

upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any

person from violating any provision of section 19-21-02, irrespective of whether or not there

exists an adequate remedy at law.
N.D. Cent. Code § 19-03.1-22 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-22
19-03.1-22. Prescriptions
Status: in_force

19-03.1-22. Prescriptions

1. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate

user, no controlled substance in schedule II may be dispensed without the written

prescription of a practitioner. When the patient is a hospice patient or resides in a

licensed long-term care facility and the prescription has been signed by the practitioner

before faxing, the facsimile may serve as the original prescription without another

signature. The prescription may not be filled more than six months after the date it was

written.

2. In emergency situations, as defined by rule of the board, schedule II drugs may be

dispensed upon oral prescription of a practitioner, reduced promptly to writing, and

filed by the pharmacy. Prescriptions must be retained in conformity with the

requirements of section 19-03.1-20. No prescription for a schedule II substance may

be refilled.

3. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate

user, a controlled substance included in schedule III or IV, which is a prescription drug

as determined under this chapter or chapter 19-02.1, may not be dispensed without a

written or oral prescription of a practitioner. The prescription may not be filled or refilled

more than six months after the date thereof or be refilled more than five times, unless

renewed by the practitioner. Any oral prescription for such drugs must be promptly

reduced to writing by the pharmacist, intern, or technician on a new prescription blank.

When the patient is a hospice patient or resides in a licensed long-term care facility

and the prescription has been signed by the practitioner before faxing, the facsimile

may serve as the original prescription without another signature.

4. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate

user, no controlled substance included in schedule V must be dispensed without the

written or oral prescription of a practitioner. The prescription may not be filled or refilled

more than six months after the date thereof or be refilled more than five times unless

renewed by the practitioner. Any oral prescription for such compound, mixture, or

preparation must be promptly reduced to writing by the pharmacist, intern, or

technician on a new prescription blank. When the patient is a hospice patient or

resides in a licensed long-term care facility and the prescription has been signed by

the practitioner before faxing, the facsimile may serve as the original prescription

without another signature.
N.D. Cent. Code § 19-02.1-07 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-07
19-02.1-07. Minor violations
Status: in_force

19-02.1-07. Minor violations

Nothing in this chapter may be construed as requiring the department or the state board of

pharmacy to report minor violations of this chapter for the institution of proceedings under this

chapter whenever the department or the state board of pharmacy believes that the public

interest will be adequately served in the circumstances by a suitable written notice or warning.
N.D. Cent. Code § 19-03.1-17.1 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-17.1
19-03.1-17.1. Criminal history record checks
Status: in_force

19-03.1-17.1. Criminal history record checks

The board may require an applicant for registration or a registrant whose registration is

subject to revocation or suspension or employees or officers of an applicant or registrant to

submit to a statewide and nationwide criminal history record check. The nationwide criminal

history record check must be conducted in the manner provided by section 12-60-24. All costs

associated with obtaining a background check are the responsibility of the applicant or

registrant.
N.D. Cent. Code § 19-03.1-06 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-06
19-03.1-06. Schedule II tests
Status: in_force

19-03.1-06. Schedule II tests

The board shall place a substance in schedule II if it finds that:

1. The substance has high potential for abuse;

2. The substance has currently accepted medical use in treatment in the United States or

currently accepted medical use with severe restrictions; and

3. The abuse of the substance may lead to severe psychic or physical dependence.
N.D. Cent. Code § 19-02.1-19 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-19
19-02.1-19. False advertising
Status: in_force

19-02.1-19. False advertising

1. An advertisement of a food, drug, device, or cosmetic is false if it is false or misleading

in any particular.

2. For the purpose of this chapter, the advertisement of a drug or device representing it to

have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone

disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria,

dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure,

mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia,

poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual

impotence, sexually transmitted disease, sinus infection, smallpox, tuberculosis,

tumors, typhoid, or uremia is also false, except that no advertisement not in violation of

subsection 1 is false under this subsection if it is disseminated only to members of the

medical, dental, pharmaceutical, or veterinary professions, or appears only in the

scientific periodicals of these professions, or is disseminated only for the purpose of

public health education by persons not commercially interested, directly or indirectly, in

the sale of such drugs or devices; provided, that whenever the department determines

that an advance in medical science has made any type of self-medication safe as to

any of the diseases named above, the department by rule shall authorize the

advertisement of drugs having curative or therapeutic effect for such disease, subject

to such conditions and restrictions as the department may deem necessary in the

interests of public health; and provided, further, that this subsection may not be

construed as indicating that self-medication for diseases other than those named

herein is safe or efficacious.
N.D. Cent. Code § 19-03.1-22.4 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-22.4
19-03.1-22.4. Controlled substances dispensed by means of the internet
Status: in_force

19-03.1-22.4. Controlled substances dispensed by means of the internet

1. As used in this section:

a. "Covering practitioner" means, with respect to a patient, a practitioner who

conducts a medical evaluation, other than an in-person medical evaluation, at the

request of a practitioner who:

(1) Has conducted at least one in-person medical evaluation of the patient or an

evaluation of the patient through the practice of telemedicine, within the

previous twenty-four months; and

(2) Is temporarily unavailable to conduct the evaluation of the patient.

b. "Deliver, distribute, or dispense by means of the internet" refers, respectively, to

delivery, distribution, or dispensing of a controlled substance that is caused or

facilitated by means of the internet.

c. "In-person medical evaluation" means a medical evaluation that is conducted with

the patient in the physical presence of the practitioner, without regard to whether

portions of the evaluation are conducted by other health professionals.

d. "Internet" and "practice of telemedicine" have the meanings set forth in the Ryan

Haight Online Pharmacy Consumer Protection Act of 2008 [Pub. L. 110-425; 21

U.S.C. 802-803].

e. "Valid prescription" means a prescription that is issued for a legitimate medical

purpose in the usual course of professional practice by a:

(1) Practitioner who has conducted at least one in-person medical evaluation of

the patient; or

(2) Covering practitioner.

2. A controlled substance that is a prescription drug may not be delivered, distributed, or

dispensed by means of the internet without a valid prescription, but nothing in this

subsection may be construed to imply that one in-person medical evaluation by itself

demonstrates that a prescription has been validly issued for a legitimate medical

purpose within the usual course of professional practice.

3. This section applies to the delivery, distribution, and dispensing of a controlled

substance by means of the internet from a location whether within or outside this state

to a person or an address in this state.

4. Nothing in this section applies to the delivery, distribution, or dispensing of a controlled

substance by a practitioner engaged in the practice of telemedicine in accordance with

applicable federal and state laws.

5. Nothing in this section may be construed as authorizing, prohibiting, or limiting the use

of electronic prescriptions for controlled substances.
N.D. Cent. Code § 19-21-03 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-03
19-21-03. Stop-sale orders - Seizures
Status: in_force

19-21-03. Stop-sale orders - Seizures

The department shall issue and enforce a written or printed "stop-sale use or removal" order

to the owner or custodian of any hazardous substance when the department finds that the

product is being offered or exposed for sale in violation of any of the provisions of this chapter,

and the order must direct that the product must be held at a designated place until the

provisions of this chapter have been complied with and the product is released in writing by the

department. However, the owner or custodian of such product has the right to appeal from such

order to a court of competent jurisdiction in the county where the product is found, praying for a

judgment as to the justification of the order, and for the discharge of the product from the order

prohibiting the sale in accordance with the findings of the court. The provisions of this section

may not be construed as limiting the right of the enforcement officer to proceed as authorized by

other provisions of this chapter. The department shall release the hazardous substance held

under any "stop-sale use or removal" order when the requirements of this chapter have been

complied with and upon payment of all reasonable costs and expenses incurred in connection

with such order. When the department issues and enforces a "stop-sale use or removal" order

against any hazardous substance declared in violation of this chapter, in possession of any

dealer or distributor, such dealer or distributor may return to the person from whom such

hazardous substance was purchased all unbroken retail containers affected by such order and

such person shall reimburse the dealer or distributor for the full purchase price, including all

delivery costs. Any hazardous substance found not to be in compliance with this chapter is

subject to seizure on complaint of the department to a court of competent jurisdiction in the

county in which the product is located. In the event the court finds that the hazardous substance

is in violation of the provisions of this chapter and orders the condemnation of the product, it

must be disposed of in any manner consistent with the character of the hazardous substance

and the laws of the state. In no instance may the disposition of the hazardous substance be

ordered by the court without first giving the claimant an opportunity to apply to the court for the

release of the product or for permission to process or relabel the product to bring it into

compliance with this chapter.
N.D. Cent. Code § 19-24.1-32 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-32
19-24.1-32. Protections
Status: in_force

19-24.1-32. Protections

Except as provided in sections 19-24.1-20 and 19-24.1-33:

1. A registered qualifying patient is not subject to arrest or prosecution or the denial of

any right or privilege, including a civil penalty or disciplinary action by a court or

occupational or professional regulating entity for the acquisition, use, or possession of

usable marijuana or related supplies under this chapter.

2. A registered designated caregiver is not subject to arrest or prosecution or the denial

of any right or privilege, including a civil penalty or disciplinary action by a court or

occupational or professional regulating entity:

a. For assisting a registered qualifying patient with the acquisition, use, or

possession of usable marijuana or related supplies under this chapter, if the

registered designated caregiver is connected to the registered qualifying patient

through the department's registration process.

b. For receiving compensation for costs associated with assisting a registered

qualifying patient with the acquisition, use, or possession of usable marijuana or

related supplies under this chapter, if the registered designated caregiver is

connected to the registered qualifying patient through the department's

registration process.

3. It is presumed a registered qualifying patient is engaged in, or a registered designated

caregiver is assisting with, the acquisition, use, or possession of usable marijuana or

related supplies in accordance with this chapter if the registered qualifying patient or

registered designated caregiver is in possession of a valid registry identification card

and is not in possession of usable marijuana in an amount that exceeds what is

authorized under this chapter. This presumption may be rebutted by evidence the

conduct related to acquisition, use, or possession of usable marijuana or related

supplies was not for the purpose of treating or alleviating the registered qualifying

patient's debilitating medical condition under this chapter.

4. A person is not subject to arrest or prosecution or the denial of any right or privilege,

including a civil penalty or disciplinary action by a court or occupational or professional

regulating entity, for being in the presence or vicinity of the medical use of marijuana

authorized under this chapter.

5. A manufacturing facility is not subject to prosecution, search or inspection, or seizure,

except by the department or a department designee, under this chapter for acting

under this chapter to:

a. Produce or process or to conduct related activities for the sole purpose of selling

usable marijuana to a dispensary; or

b. Transfer, transport, or deliver marijuana or usable marijuana to and from a

department designee or manufacturing facility in accordance with this chapter.

6. A dispensary is not subject to prosecution, search or inspection, or seizure, except by

the department or a department designee, under this chapter for acting under this

chapter to:

a. Purchase usable marijuana from a manufacturing facility and conducting related

activities for the sole purpose of dispensing usable marijuana, selling related

supplies, and providing educational materials to registered qualifying patients and

designated caregivers; or

b. Transfer usable marijuana to and from a department designee or related

marijuana facility in accordance with this chapter.

7. A registered compassion center agent is not subject to arrest or prosecution or the

denial of any right or privilege, including a civil penalty or disciplinary action by a court

or occupational or professional regulating entity, for working or volunteering for a

compassion center if the action performed by the compassion center agent on behalf

of the compassion center is authorized under this chapter.

8. The sale and possession of marijuana paraphernalia by a dispensary is lawful if in

accordance with this chapter.

9. The medical use of marijuana by a registered cardholder or the producing and

processing and the dispensing of usable marijuana by a compassion center is lawful if

in accordance with this chapter.

10. A health care provider is not subject to arrest or prosecution or the denial of any right

or privilege, including a civil penalty or disciplinary action by a court or occupational or

professional regulating entity, solely for providing a written certification or for stating in

the health care provider's professional opinion a patient is likely to receive therapeutic

or palliative benefit from the medical use of usable marijuana to treat or alleviate the

patient's debilitating medical condition or for refusing to provide written certification or

a statement. This chapter does not release a health care provider from the duty to

exercise a professional standard of care for evaluating or treating a patient's medical

condition.

11. A cardholder or registered compassion center is not subject to arrest or prosecution for

use of drug paraphernalia or possession with intent to use drug paraphernalia in a

manner consistent with this chapter.

12. A person in possession of medical marijuana waste in the course of transporting or

disposing of the waste under this chapter and rules adopted under this chapter may

not be subject to arrest or prosecution for that possession or transportation.

13. A person in possession of marijuana, usable marijuana, or medical marijuana waste in

the course of performing laboratory tests as provided under this chapter and rules

adopted under this chapter may not be subject to arrest or prosecution for that

possession or testing.
N.D. Cent. Code § 19-22-01 — ND Code / Title 19 / Chapter 19-22 / Section 19-22-01
19-22-01. Sale of potatoes in closed packages not labeled as to grade prohibited
Status: in_force

19-22-01. Sale of potatoes in closed packages not labeled as to grade prohibited

No person may sell at retail any potatoes in closed packages which are not identified as to

grade.
N.D. Cent. Code § 19-22.1-03 — ND Code / Title 19 / Chapter 19-22.1 / Section 19-22.1-03
19-22.1-03. Penalty
Status: in_force

19-22.1-03. Penalty

Any person who violates any of the provisions of this chapter is guilty of a class B

misdemeanor.