N.D. Cent. Code § 19-03.1-36.7 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36.7
19-03.1-36.7. Legal interest in property
Status: in_force

19-03.1-36.7. Legal interest in property

1. A person alleging a bona fide legal interest in property to be forfeited must establish by

a preponderance of the evidence that such legal interest existed at the time of seizure

or taking of custody of the property. In the case of a claimed bona fide security interest

in the property, the person claiming such interest must establish by a preponderance

of the evidence that the security interest in the property to be forfeited existed or was

of public record at the time of seizure or taking of custody of the property.

2. Upon a determination by the court that property is subject to forfeiture, the owner of

the property to be forfeited or any other person with a legal interest in the property may

petition the court to determine whether the forfeiture is unconstitutionally excessive.

a. A vehicle valued at less than two thousand dollars may not be forfeited unless the

court finds the vehicle has been modified to conceal contraband or currency.

b. Real property constituting a homestead may not be forfeited.

c. In determining whether a forfeiture is excessive, the court shall consider all

factors, including the fair market value of the property, the extent to which the

owner or person participated in the offense, the extent to which the property was

used or received in committing the offense, and the possible penalty that could be

imposed for the alleged or committed offense subject to forfeiture.

d. The court may not consider the value of the property to the state in determining

whether the forfeiture is unconstitutionally excessive.
N.D. Cent. Code § 19-03.1-31 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-31
19-03.1-31. Second or subsequent offenses
Status: repealed

19-03.1-31. Second or subsequent offenses

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 19-03.1-44 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-44
19-03.1-44. Comprehensive status and trends report
Status: repealed

19-03.1-44. Comprehensive status and trends report

Repealed by S.L. 2017, ch. 366, § 6.
N.D. Cent. Code § 19-03.6-04 — ND Code / Title 19 / Chapter 19-03.6 / Section 19-03.6-04
19-03.6-04. Applicability
Status: in_force

19-03.6-04. Applicability

1. This chapter applies to claims adjudicated after July 31, 2011.

2. This chapter does not apply to any audit, review, or investigation that is initiated based

upon alleged fraud, willful misrepresentation, or abuse, including:

a. Insurance fraud as defined in chapter 26.1-02.1.

b. Billing for services not furnished or supplies not provided.

c. Billing that appears to be a deliberate application for duplicate payment for the

same services or supplies, billing both the beneficiary and the pharmacy benefits

manager or payer for the same service.

d. Altering claim forms, electronic claim records, or medical documentation to obtain

a higher payment amount.

e. Soliciting, offering, or receiving a kickback or bribe.

f. Participating in any scheme that involves collusion between a provider and a

beneficiary or between a supplier and a provider which results in higher costs or

charges to the entity.

g. Misrepresenting a date or description of services furnished or the identity of the

beneficiary or the individual who furnished the services.

h. Billing for a prescription without a prescription on file in a situation in which an

over-the-counter item is dispensed.

i. Dispensing a prescription using an out-of-date drug.

j. Billing with an incorrect national drug code or billing for a brand name when a

generic drug is dispensed.

k. Failing to credit the payer for a medication or a portion of a prescription that was

not obtained by the payer within fourteen days unless extenuating circumstances

exist.

l. Billing the payer a higher price than the usual and customary charge of the

pharmacy to the general public.

m. Billing for a product without proof that the purchaser purchased the product.

3. Any case of suspected fraud or violation of law must be reported by an auditor to the

licensing board.

4. This chapter does not apply to state Medicaid programs.
N.D. Cent. Code § 19-03.1-13 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-13
19-03.1-13. Schedule V
Status: in_force

19-03.1-13. Schedule V

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

2. Schedule V 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 and their salts.

4. Narcotic drugs containing non-narcotic active medicinal ingredients. Any 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, which includes one or more non-narcotic active medicinal ingredients in

sufficient proportion to confer upon the compound, mixture, or preparation valuable

medicinal qualities other than those possessed by narcotic drugs alone.

a. Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.

b. Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per

100 grams.

c. Not more than 100 milligrams of ethylmorphine per 100 milliliters or per

100 grams.

d. Ganaxolone (3alpha-hydroxy-3beta-methyl-5alpha-pregnan-20-one).

e. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms

of atropine sulfate per dosage unit.

f. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

g. Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of

atropine sulfate per dosage unit.

5. Depressants. Unless specifically exempted or excluded 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,

including its salts, isomers, and salts of isomers whenever the existence of such salts,

isomers, and salts of isomers is possible:

a. Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (also

referred to as BRV; UCB-34714; Briviact) (including its salts).

b. Cenobamate [(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate; 2H-

tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-;

carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester).

c. Ezogabine N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester.

d. Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide].

e. Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-

benzamide].

f. Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].

g. Gabapentin [2-[1-(aminomethyl) cyclohexyl] acetic acid].

6. Stimulants. Unless specifically exempted or excluded or unless listed in another

schedule, any material, compound, mixture, or preparation containing any quantity of

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

including their salts, isomers, and salts of isomers: Pyrovalerone.
N.D. Cent. Code § 19-02.1-17 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-17
19-02.1-17. Cosmetics - Adulteration defined
Status: in_force

19-02.1-17. Cosmetics - Adulteration defined

A cosmetic must be deemed to be adulterated:

1. If it bears or contains any poisonous or deleterious substance which may render it

injurious to users under the conditions of use prescribed in the labeling or

advertisement thereof, or under such conditions of use as are customary or usual;

provided, that this provision does not apply to coal-tar hair dye, the label of which

bears the following legend conspicuously displayed thereon: "Caution - This product

contains ingredients which may cause skin irritation on certain individuals and a

preliminary test according to accompanying directions should first be made. This

product must not be used for dyeing the eyelashes or eyebrows; to do so may cause

blindness", and the labeling of which bears adequate directions for such preliminary

testing. For the purpose of this subsection and subsection 5, the term "hair dye" does

not include eyelash dyes or eyebrow dyes.

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

3. If it has been produced, prepared, packed, or held under insanitary conditions whereby

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

injurious to health.

4. If 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 not a hair dye and it is, or it bears or contains, a color additive which is unsafe

within the meaning of subsection 1 of section 19-02.1-12.
N.D. Cent. Code § 19-24.1-04 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-04
19-24.1-04. Designated caregivers - Registration
Status: in_force

19-24.1-04. Designated caregivers - Registration

1. A designated caregiver is not eligible to purchase, assist in the use of, or possess

usable marijuana under the medical marijuana program unless the designated

caregiver has a valid registry identification card.

2. A designated caregiver application is complete and eligible for review if an applicant

submits to the department all of the following:

a. An original designated caregiver application for a registry identification card form

established by the department which must include all of the following:

(1) A photographic copy of the applicant's North Dakota identification. The North

Dakota identification must be available for inspection and verification upon

request of the department.

(2) The name, address, telephone number, and date of birth of the qualifying

patient.

(3) The name, address, and telephone number of the applicant.

(4) The applicant's signature and the date.

(5) A disclosure that possession of a firearm by a person who possesses

marijuana may be a violation of federal law.

b. An original designated caregiver authorization form established by the

department which must be executed by a registered qualifying patient providing

the designated caregiver applicant with the responsibility of managing the

well-being of the registered qualifying patient with respect to the registered

qualifying patient's medical use of marijuana. The form must include:

(1) The name and date of birth of the designated caregiver applicant; and

(2) The registered qualifying patient's signature and the date.

c. A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the applicant.

d. Any other information or material required by the department by rule.

3. Except as provided in section 19-24.1-04.1, a criminal history record check conducted

under section 12-60-24 must be performed upon initial application and biennially

thereafter and at any other time upon the request of the department. All fees

associated with the criminal history record check must be paid by the department.

4. An individual convicted of a drug-related misdemeanor offense within the five years

preceding the date of application or of a felony offense is prohibited from serving as a

designated caregiver.

5. An applicant shall submit a separate and complete application for each of the

applicant's registered qualifying patients. A registered designated caregiver may assist

no more than five registered qualifying patients. A registered designated caregiver who

is a registered qualifying patient may assist no more than four additional registered

qualifying patients.

6. A registered designated caregiver may not purchase or possess more than the

allowable amount of usable marijuana for each of the registered designated

caregiver's registered qualifying patients and for the registered designated caregiver if

the caregiver is a registered qualifying patient.
N.D. Cent. Code § 19-24.1-16 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-16
19-24.1-16. Compassion centers - Renewal
Status: in_force

19-24.1-16. Compassion centers - Renewal

1. A compassion center registration certificate expires two years after issuance. A

compassion center may submit a renewal application at any time beginning ninety

calendar days before the expiration of the registration certificate. A compassion center

shall submit a renewal application a minimum of sixty calendar days before the

expiration of the registration certificate to avoid suspension of the certificate.

2. The department shall approve a compassion center's renewal application within sixty

calendar days of submission, if the following conditions are satisfied:

a. The compassion center submits a renewal fee, in an amount not to exceed ninety

thousand dollars for a dispensary and one hundred ten thousand dollars for a

manufacturing facility, which the department shall refund if the department rejects

the renewal application;

b. The compassion center submits a complete renewal application;

c. The department has at no time suspended the compassion center's registration

for violation of this chapter;

d. Inspections conducted under this chapter do not raise any serious concerns

about the continued operation of the compassion center; and

e. The compassion center continues to meet all the requirements for the operation

of a compassion center as set forth in this chapter and rules adopted under this

chapter.

3. If a compassion center does not meet the requirements for renewal, the department

may not issue a registration certificate and the department shall provide the

compassion center with written notice of the determination. If a compassion center's

certificate is not renewed, the compassion center shall dispose all marijuana and

usable marijuana in accordance with rules adopted under this chapter.
N.D. Cent. Code § 19-24.1-29 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-29
19-24.1-29. Compassion centers - Retention of and access to records and reports
Status: in_force

19-24.1-29. Compassion centers - Retention of and access to records and reports

A compassion center shall keep detailed financial reports of proceeds and expenses. A

compassion center shall maintain all inventory, sales, and financial records in accordance with

generally accepted accounting principles. The compassion center shall maintain for a period of

seven years all reports and records required under this section. A compassion center shall allow

the department, or an audit firm contracted by the department, access at all times to all books

and records kept by the compassion center.
N.D. Cent. Code § 19-03.4-07 — ND Code / Title 19 / Chapter 19-03.4 / Section 19-03.4-07
19-03.4-07. Prima facie proof of intent
Status: in_force

19-03.4-07. Prima facie proof of intent

Possession of more than twenty-four grams of a methamphetamine precursor drug or

combination of methamphetamine precursor drugs calculated in terms of ephedrine HCI and

pseudoephedrine HCI is prima facie evidence of intent to violate sections 19-03.4-03 and
N.D. Cent. Code § 19-24.1-24 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-24
19-24.1-24. Compassion centers - Cannabis plants
Status: in_force

19-24.1-24. Compassion centers - Cannabis plants

1. A manufacturing facility shall grow an amount of marijuana sufficient to meet the

qualifying patient population demands. For every five hundred plants in excess of one

thousand plants a manufacturing facility possesses, the manufacturing facility shall

pay the department an additional certification fee not to exceed seven thousand five

hundred dollars. This fee is due at the time of increase and again at renewal of the

compassion center registration certificate under section 19-24.1-16.

2. A dispensary may not possess more than three thousand five hundred ounces

[99.22 kilograms] of usable marijuana at any time, regardless of formulation.

3. The department shall adopt rules to allow a manufacturing facility to possess no more

than an additional fifty plants for the exclusive purpose of department-authorized

research and development related to production and processing. These plants are not

counted in a manufacturing facility possession amount and are not subject to an

additional fee.
N.D. Cent. Code § 19-03.1-26 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-26
19-03.1-26. Disposing of needles and paraphernalia - Penalty
Status: in_force

19-03.1-26. Disposing of needles and paraphernalia - Penalty

Any registrant who shall use, administer, or dispense or cause to be used, administered, or

dispensed any drug or controlled substance in a manner requiring the use of any type of

syringe, needle, eyedropper, or other similar paraphernalia shall destroy and dispose of said

syringe, needle, eyedropper, or other similar paraphernalia in a manner that will prevent its

reuse by any person other than the registrant. The board may adopt rules pursuant to chapter

28-32 setting out the specific manner in which the provisions of this section must be carried out.

Any registrant who violates the provisions of this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 19-02.1-18 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-18
19-02.1-18. Cosmetics - Misbranding defined
Status: in_force

19-02.1-18. Cosmetics - Misbranding defined

A cosmetic 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

established by regulations prescribed by the department.

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 its container is so made, formed, or filled as to be misleading.

5. 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. This subsection does not apply to packages of

color additives which, with respect to their use for cosmetics, are marketed and

intended for use only in or on hair dyes, as defined in the last sentence of subsection 1

of section 19-02.1-17.

6. If its packaging or labeling is in violation of an applicable regulation issued pursuant to

section 3 or 4 of the Poison Prevention Packaging Act of 1970.
N.D. Cent. Code § 19-03.1-30 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-30
19-03.1-30. Conditional discharge for possession as first offense
Status: repealed

19-03.1-30. Conditional discharge for possession as first offense

Repealed by S.L. 2005, ch. 196, § 4.
N.D. Cent. Code § 19-02.1-14.3 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-14.3
19-02.1-14.3. Biosimilar biological products
Status: in_force

19-02.1-14.3. Biosimilar biological products

1. In this section:

a. "Biological product", "biosimilar", "interchangeable", "interchangeable biological

product", "license", and "reference product" mean the same as these terms mean

under section 351 of the federal Public Health Service Act [42 U.S.C. 262].

b. "Prescription" means a product that is subject to section 503(b) of the Federal

Food, Drug, and Cosmetic Act [21 U.S.C. 353(b)].

2. A pharmacy may not substitute a prescription biosimilar product for a prescribed

product unless each of the following requirements is met:

a. The biosimilar product has been determined by the United States food and drug

administration to be interchangeable with the prescribed product.

b. The prescribing practitioner does not specifically indicate in the practitioner's own

handwriting "brand medically necessary" on a written prescription, does not

expressly indicate that an oral prescription is to be dispensed as communicated,

or has not taken a specific overt action to include the "brand medically necessary"

language with an electronically transmitted prescription.

c. The pharmacist or the pharmacist's designee informs the individual receiving the

biological product that the biological product may be substituted with a biosimilar

product and that the individual has a right to refuse the biosimilar product

selected by the pharmacist and the individual chooses not to refuse.

d. Within two business days following the dispensing of the biosimilar product, the

pharmacist or the pharmacist's designee notifies the prescribing practitioner of

the substitution. Notification under this subdivision must include the name of the

substitution product and the name of the manufacturer, and may be made using

facsimile, telephone, electronic transmission, an entry into an interoperable

electronic medical record accessible by the prescribing practitioner, or other

prevailing means accessible by the prescribing practitioner.

e. The pharmacy and the prescribing practitioner retain a record of the

interchangeable biosimilar substitution for a period of no less than five years.

3. Subsection 2 does not apply to a biologic product refill prescription that is not changed

from the interchangeable biosimilar substitution dispensed on the previous filling of the

prescription.

4. The board of pharmacy shall maintain on the board's public website a current list, or

an internet link to a United States food and drug administration-approved list, of

biosimilar biological products determined to be interchangeable under subdivision a of

subsection 2.
N.D. Cent. Code § 19-24.1-34 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-34
19-24.1-34. Acts not prohibited - Acts not required
Status: in_force

19-24.1-34. Acts not prohibited - Acts not required

1. This chapter does not require:

a. A government medical assistance program or private insurer to reimburse a

person for costs associated with the medical use of marijuana;

b. A person in lawful possession of property to allow a guest, client, customer, or

other visitor to possess or consume usable marijuana on or in that property;

c. A landlord to allow production or processing on rental property; or

d. A health care provider to provide a written certification or otherwise recommend

marijuana to a patient.

2. This chapter does not prohibit an employer from disciplining an employee for

possessing or consuming usable marijuana in the workplace, working while under the

influence of marijuana, or working with marijuana in the employee's system.
N.D. Cent. Code § 19-03.5-05 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-05
19-03.5-05. Immunity
Status: in_force

19-03.5-05. Immunity

Nothing in this chapter requires a prescriber or dispenser to obtain information about a

patient from the central repository prior to prescribing or dispensing a controlled substance. A

prescriber, dispenser, or other health care practitioner may not be held liable in damages to any

person in any civil action on the basis that the prescriber, dispenser, or other health care

practitioner did or did not seek to obtain information from the central repository. Unless there is

shown a lack of good faith, the board, any other state agency, a prescriber, dispenser, or any

other individual in proper possession of information provided under this chapter may not be

subject to any civil liability by reason of:

1. The furnishing of information under the conditions provided in this chapter;

2. The receipt and use of, or reliance on, such information;

3. The fact that any such information was not furnished; or

4. The fact that such information was factually incorrect or was released by the board to

the wrong person or entity.
N.D. Cent. Code § 19-08-05 — ND Code / Title 19 / Chapter 19-08 / Section 19-08-05
19-08-05. License fees
Status: repealed

19-08-05. License fees

Repealed by S.L. 2005, ch. 32, § 19.
N.D. Cent. Code § 19-01-10 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-10
19-01-10. Department to make analyses, inspections, and examinations - Report of examination as evidence - Publication of report
Status: in_force

19-01-10. Department to make analyses, inspections, and examinations - Report of

examination as evidence - Publication of report.

The department shall make, or cause to be made, analyses, examinations, and inspections

of all products, articles, compositions, or things included under this title whenever such

analyses, inspections, or examinations are necessary to determine whether any of such

products, articles, compositions, or things violate this title relating to the products, articles,

compositions, or things in question, or violate any definition, standard, tolerance, rule, or

regulation issued with regard to such products, articles, compositions, or things pursuant to any

provision contained in this title. However, the state crime laboratory shall make or cause to be

made, analysis, examination, inspection, or test of any product, article, composition, or thing at

the request of any prosecutor, defense counsel, or law enforcement officer in the state of North

Dakota when such analysis, examination, inspection, or test is made in connection with an

investigation into violations of the criminal law of this state. A copy of any report issued by the

department or the state crime laboratory, or electronically posted by the director of the state

crime laboratory or the director's designee on the crime laboratory information management

system and certified by a law enforcement officer or individual who has authorized access to the

crime laboratory information management system through the criminal justice data information

sharing system, of the examination or analyses of any product, article, composition, or thing,

duly authenticated by the person making the analysis or examination, when given under oath, is

prima facie evidence in all courts of the matters and facts therein contained. The department

may collect samples of any product, article, composition, or thing for the purpose of making

analyses, inspections, and investigations in connection with research carried on by it and may

publish the reports thereof for the information of the public.
N.D. Cent. Code § 19-02.1-20 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-20
19-02.1-20. Rules
Status: in_force

19-02.1-20. Rules

The authority to adopt rules for the efficient enforcement of this chapter is hereby vested in

the department. The department is hereby authorized to make the rules adopted under this

chapter conform, insofar as practicable, with those adopted under the federal act. Rules must

conform and be consistent with the provisions of the Uniform Controlled Substances Act. When

adopting any rules under this chapter, the department shall follow the procedures under chapter

28-32.
N.D. Cent. Code § 19-01-02 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-02
19-01-02. Consolidated laboratories branch - Members, duties, meetings
Status: repealed

19-01-02. Consolidated laboratories branch - Members, duties, meetings

Repealed by S.L. 1993, ch. 218, § 10.
N.D. Cent. Code § 19-03.3-04 — ND Code / Title 19 / Chapter 19-03.3 / Section 19-03.3-04
19-03.3-04. Disciplinary action for prescribing or administering drug treatment prohibited
Status: in_force

19-03.3-04. Disciplinary action for prescribing or administering drug treatment

prohibited.

The board may not discipline a physician for prescribing or administering controlled

substances in the course of treatment of a patient for pain under this chapter.
N.D. Cent. Code § 19-23-01 — ND Code / Title 19 / Chapter 19-23 / Section 19-23-01
19-23-01. Limited liability
Status: in_force

19-23-01. Limited liability

1. Except as provided in subsection 2, a producer, processor, manufacturer, packer,

distributor, carrier, holder, seller, marketer, trade association, or advertiser of a food, as

defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.

321(f)], or an association of one or more of those entities, may not be subject to civil

liability arising under any state statute, rule, public policy, court or administrative

decision, municipal ordinance, or other action having the effect of law, for any claim

arising out of weight gain, obesity, a health condition associated with weight gain or

obesity, or other generally known condition allegedly caused by or allegedly likely to

result from long-term consumption of food.

2. Subsection 1 does not apply to the claim of obesity or weight gain that is based on:

a. A material violation of an adulteration or misbranding requirement prescribed by

state or federal statute, rule, or ordinance and the claimed injury was proximately

caused by the violation; or

b. Any other material violation of federal or state law applicable to the

manufacturing, marketing, distribution, advertising, labeling, or sale of food,

provided that the violation is knowing and willful, and the claimed injury was

proximately caused by the violation.
N.D. Cent. Code § 19-03.1-19 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-19
19-03.1-19. Order to show cause
Status: in_force

19-03.1-19. Order to show cause

1. Before denying, suspending, or revoking a registration, or refusing a renewal of

registration, the board shall serve upon the applicant or registrant an order to show

cause why registration should not be denied, revoked, or suspended, or why the

renewal should not be refused. The order to show cause must contain a statement of

the basis therefor and must call upon the applicant or registrant to appear before the

board at a time and place not less than thirty days after the date of service of the

order, but in the case of a denial or renewal of registration the show cause order must

be served not later than thirty days before the expiration of the registration. These

proceedings must be conducted in accordance with chapter 28-32 without regard to

any criminal prosecution or other proceeding. Proceedings to refuse renewal of

registration do not abate the existing registration which remains in effect pending the

outcome of the administrative hearing.

2. The board may suspend, without an order to show cause, any registration

simultaneously with the institution of proceedings under section 19-03.1-18, or where

renewal of registration is refused, if it finds that there is an imminent danger to the

public health or safety which warrants this action. The suspension continues in effect

until the conclusion of the proceedings, including judicial review thereof, unless sooner

withdrawn by the board or dissolved by a court of competent jurisdiction.
N.D. Cent. Code § 19-05.1-04 — ND Code / Title 19 / Chapter 19-05.1 / Section 19-05.1-04
19-05.1-04. Sale of food prohibited - Unlawful sale or use - Penalty
Status: in_force

19-05.1-04. Sale of food prohibited - Unlawful sale or use - Penalty

1. Any bona fide charitable or nonprofit organization, that receives any perishable food

pursuant to this chapter, may not sell or offer to sell any of the food. This subsection

does not apply to food products which comply with all maturity, quality, size, standard

pack container, and labeling requirements of this title.

2. No person, other than the recipient of the food provided as charitable assistance, may

sell, offer for sale, use, or consume any food donated pursuant to this chapter.

3. Any violation of this section is punishable by a civil penalty not to exceed one

thousand dollars.
N.D. Cent. Code § 19-24.1-40 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-40
19-24.1-40. Medical marijuana fund - Continuing appropriation
Status: in_force

19-24.1-40. Medical marijuana fund - Continuing appropriation

The medical marijuana fund is established in the state treasury. The department shall

deposit in the fund all fees collected under this chapter. The department shall administer the

fund. Moneys in the fund are appropriated to the department on a continuing basis for use in

administering this chapter.
N.D. Cent. Code § 19-24.1-06 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-06
19-24.1-06. Registry identification cards - Renewal
Status: in_force

19-24.1-06. Registry identification cards - Renewal

To prevent interruption of possession of a valid registry identification card, a registered

qualifying patient or registered designated caregiver shall apply for a registry identification card

renewal by submitting a complete reapplication as provided under section 19-24.1-03 or

19-24.1-04 no less than forty-five calendar days before the expiration date of the existing

registry identification card.
N.D. Cent. Code § 19-04-01 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-01
19-04-01. Selling certain enumerated poisons regulated - Penalty
Status: in_force

19-04-01. Selling certain enumerated poisons regulated - Penalty

Every person who, at retail, without receiving a physician's prescription specifying that such

prescription shall contain a poison and giving the name thereof, sells, furnishes, gives away, or

delivers to another:

1. Arsenic or any preparation thereof, corrosive sublimate, white precipitate, red

precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, or

any other poison or vegetable alkaloid, or the salts thereof, or essential oil of bitter

almonds; or

2. Aconite, belladonna, colchicum, conium, formaldehyde, nux vomica, henbane, savin,

ergot, cotton root, cantharides, creosote, digitalis, or the pharmaceutical preparations

of any of them, croton oil, chloroform, sulfate of zinc, mineral acids, carbolic acid, or

oxalic acid,

without affixing to the bottle, box, vessel, or package containing the same, the name of the

contents, the word "poison", and the person's name and place of business, is guilty of a class A

misdemeanor. Any storekeeper, however, may sell in original, unbroken packages, fungicides

and insecticides, including formaldehyde and Paris green, generally used for agricultural

purposes which have been designated as such by the state board of pharmacy.
N.D. Cent. Code § 19-04-08 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-08
19-04-08. Distribution of anabolic steroids prohibited - Exception - Penalty
Status: in_force

19-04-08. Distribution of anabolic steroids prohibited - Exception - Penalty

A person who distributes or possesses with the intent to distribute an anabolic steroid for

any use in humans other than the treatment of disease under the prescription of a physician is

guilty of a class B felony.
N.D. Cent. Code § 19-02.1-03 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-03
19-02.1-03. Injunction proceedings
Status: in_force

19-02.1-03. Injunction proceedings

In addition to the remedies hereinafter provided, the department is hereby authorized to

apply to the district court of Burleigh County for, 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 19-02.1-02, irrespective of whether or not there

exists an adequate remedy at law.
N.D. Cent. Code § 19-03.5-03 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-03
19-03.5-03. Access to prescription information
Status: in_force

19-03.5-03. Access to prescription information

1. Information submitted to the central repository is confidential and may not be disclosed

except as provided in this section.

2. The board shall maintain procedures to ensure that the privacy, confidentiality, and

security of patient information collected, recorded, transmitted, and maintained is not

disclosed except as provided in this section.

3. Unless disclosure is prohibited by law, the board may provide data in the central

repository to:

a. A prescriber for the purpose of providing medical care to a patient, a dispenser for

the purpose of filling a prescription or providing pharmaceutical care for a patient,

a prescriber or dispenser inquiring about the prescriber's or dispenser's own

prescribing activity, or a prescriber or dispenser in order to further the purposes of

the program;

b. An individual who requests the prescription information of the individual or the

individual's minor child;

c. State boards and regulatory agencies that are responsible for the licensing of

individuals authorized to prescribe or dispense controlled substances if the board

or regulatory agency is seeking information from the central repository that is

relevant to an investigation of an individual who holds a license issued by that

board or regulatory agency;

d. Local, state, and federal law enforcement or prosecutorial officials engaged in the

enforcement of laws relating to controlled substances who seek information for

the purpose of an investigation or prosecution of the drug-related activity or

probation compliance of an individual;

e. The department for purposes regarding the utilization of controlled substances by

a Medicaid recipient or establishment and enforcement of child support and

medical support;

f. Workforce safety and insurance for purposes regarding the utilization of

controlled substances by a claimant;

g. Judicial authorities under grand jury subpoena or court order or equivalent judicial

process for investigation of criminal violations of controlled substances laws;

h. Public or private entities for statistical, research, or educational purposes after the

information is de-identified with respect to any prescriber, dispenser, or patient

who received a prescription for a controlled substance;

i. A peer review committee which means any committee of a health care

organization, composed of health care providers, employees, administrators,

consultants, agents, or members of the health care organization's governing

body, which conducts professional peer review as defined in chapter 23-34; or

j. A licensed addiction counselor for the purpose of providing services for a licensed

treatment program in this state.

4. The board shall maintain a record of each person who requests information from the

central repository. The board may use the records to document and report statistics

and outcomes. The board may provide records of the requests for information to:

a. A board or regulatory agency responsible for the licensing of individuals

authorized to prescribe or dispense controlled substances that is engaged in an

investigation of the individual who submitted the request for information from the

central repository; and

b. Local, state, and federal law enforcement or prosecutorial officials engaged in the

enforcement of laws relating to controlled substances for the purpose of an active

investigation of an individual who requested information from the central

repository.
N.D. Cent. Code § 19-03.4-03 — ND Code / Title 19 / Chapter 19-03.4 / Section 19-03.4-03
19-03.4-03. Unlawful possession of drug paraphernalia - Penalty
Status: in_force

19-03.4-03. Unlawful possession of drug paraphernalia - Penalty

1. A person may not use or possess with intent to use drug paraphernalia to plant,

propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,

process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled

substance in violation of chapter 19-03.1. A person violating this subsection is guilty of

a class C felony if the drug paraphernalia is used, or possessed with intent to be used,

to plant, propagate, manufacture, compound, convert, produce, process, prepare, test,

analyze, pack, repack, store, contain, or conceal a controlled substance, other than

marijuana or tetrahydrocannabinol, classified in schedule I, II, or III of chapter 19-03.1.

2. A person may not use or possess with the intent to use drug paraphernalia to inject,

ingest, inhale, or otherwise induce into the human body a controlled substance, other

than marijuana or tetrahydrocannabinol, classified in schedule I, II, or III of

chapter 19-03.1. A person violating this subsection is guilty of a class A misdemeanor.

If a person previously has been convicted of an offense under this title, other than an

offense related to marijuana or tetrahydrocannabinol, or an equivalent offense from

another court in the United States, a violation of this subsection is a class C felony.

3. A person may not use or possess with intent to use drug paraphernalia to plant,

propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,

process, prepare, test, analyze, pack, or repack marijuana or tetrahydrocannabinol in

violation of chapter 19-03.1. A person violating this subsection is guilty of a class A

misdemeanor.

4. A person may not use or possess with the intent to use drug paraphernalia to ingest,

inhale, or otherwise introduce into the human body marijuana or tetrahydrocannabinol

or possess with the intent to use drug paraphernalia to store or contain marijuana or

tetrahydrocannabinol in violation of chapter 19-03.1. A person violating this subsection

is guilty of an infraction.

5. A person sentenced to the legal and physical custody of the department of corrections

and rehabilitation under this section may be placed in a drug and alcohol treatment

program as designated by the department. Upon the successful completion of the drug

and alcohol treatment program, the department shall release the person from

imprisonment to begin any court-ordered period of probation. If the person is not

subject to court-ordered probation, the court may order the person to serve the

remainder of the sentence of imprisonment on supervised probation subject to the

terms and conditions imposed by the court.

6. Probation under this section may include placement in another facility, treatment

program, or treatment court. If the person 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.
N.D. Cent. Code § 19-24.1-03.1 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-03.1
19-24.1-03.1. Qualifying patients - Veterans
Status: in_force

19-24.1-03.1. Qualifying patients - Veterans

In lieu of the written certification required under section 19-24.1-03, a veteran receiving

treatment from a federal veterans' affairs entity may submit to the department a copy of the

veterans' affairs medical records identifying a diagnosis of a debilitating medical condition and a

copy of military discharge documents. The department may use the medical records and

discharge documents 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.
N.D. Cent. Code § 19-03.1-03 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-03
19-03.1-03. Nomenclature
Status: in_force

19-03.1-03. Nomenclature

The controlled substances listed or to be listed in the schedules in sections 19-03.1-05,

19-03.1-07, 19-03.1-09, 19-03.1-11, and 19-03.1-13 are included by whatever official, common,

usual, chemical, or trade name designated.
N.D. Cent. Code § 19-08-01 — ND Code / Title 19 / Chapter 19-08 / Section 19-08-01
19-08-01. Certain beverages unlawful to sell
Status: in_force

19-08-01. Certain beverages unlawful to sell

A person may not sell, offer, or expose for sale, or have in possession with intent to sell

within this state, any beverage of whatever nature that contains any ingredient that is injurious

to health, or is adulterated, misbranded, or insufficiently or improperly labeled within the

meaning of chapter 19-02.1, or that is not licensed as provided in this chapter.
N.D. Cent. Code § 19-03.1-37 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-37
19-03.1-37. Burden of proof - Liabilities
Status: in_force

19-03.1-37. Burden of proof - Liabilities

1. It is not necessary for the state to negate any exemption or exception in this chapter in

any complaint, information, indictment, or other pleading or in any trial, hearing, or

other proceeding under this chapter. The burden of proof of any exemption or

exception is upon the person claiming it.

2. In the absence of proof that a person is the duly authorized holder of an appropriate

registration or order form issued under this chapter, the person is presumed not to be

the holder of the registration or form. The burden of proof is upon the person to rebut

the presumption.

3. No liability is imposed by this chapter upon any authorized state, county, or municipal

officer engaged in the lawful performance of the officer's duties.

4. In all prosecutions under this chapter, chapter 19-03.2, or chapter 19-03.4 involving

the analysis of a substance or sample thereof, a certified copy of the analytical report

signed by the director of the state crime laboratory or the director's designee, or

electronically posted by the director of the state crime laboratory or the director's

designee on the crime laboratory information management system and certified by a

law enforcement officer or individual who has authorized access to the crime

laboratory information management system through the criminal justice data

information sharing system, must be accepted as prima facie evidence of the results of

the analytical findings.

5. Superseded by N.D.R.Ev., Rule 707.

6. In all cases of conspiracy to violate chapter 19-03.1, 19-03.2, or 19-03.4, the state is

not required to prove or establish that a conspirator knew the other person to the

agreement intended to deliver or possess with intent to deliver a controlled substance,

an imitation controlled substance, or drug paraphernalia to a third person.
N.D. Cent. Code § 19-03.1-39 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-39
19-03.1-39. Education and research
Status: in_force

19-03.1-39. Education and research

1. The board shall carry out educational programs designed to prevent and deter misuse

of controlled substances. In connection with these programs it may:

a. Promote better recognition of the problems of misuse and abuse of controlled

substances within the regulated industry and among interested groups and

organizations.

b. Assist the regulated industry and interested groups and organizations in

contributing to the reduction of misuse and abuse of controlled substances.

c. Consult with interested groups and organizations to aid them in solving

administrative and organizational problems.

d. Evaluate procedures, projects, techniques, and controls conducted or proposed

as part of educational programs on misuse and abuse of controlled substances.

e. Disseminate the results of research on misuse and abuse of controlled

substances to promote a better public understanding of what problems exist and

what can be done to combat them.

f. Assist in the education and training of state and local law enforcement officials in

their efforts to control misuse and abuse of controlled substances.

2. The board shall encourage research on misuse and abuse of controlled substances. In

connection with the research, and in furtherance of the enforcement of this chapter, it

may:

a. Establish methods to assess accurately the effects of controlled substances and

identify and characterize those with potential for abuse.

b. Make studies and undertake programs of research to:

(1) Develop new or improved approaches, techniques, systems, equipment,

and devices to strengthen the enforcement of this chapter.

(2) Determine patterns of misuse and abuse of controlled substances and the

social effects thereof.

(3) Improve methods for preventing, predicting, understanding, and dealing with

the misuse and abuse of controlled substances.

c. Enter contracts with public agencies, institutions of higher education, and private

organizations or individuals for the purpose of conducting research,

demonstrations, or special projects which bear directly on misuse and abuse of

controlled substances.

3. The board may enter into contracts for educational and research activities without

performance bonds and without regard to statutory provisions affecting such contracts.

4. The board may authorize persons engaged in research on the use and effects of

controlled substances to withhold the names and other identifying characteristics of

individuals who are the subjects of the research. Persons who obtain this authorization

are not compelled in any civil, criminal, administrative, legislative, or other proceeding

to identify the individuals who are the subjects of research for which the authorization

was obtained.

5. The board may authorize the possession and distribution of controlled substances by

persons engaged in research. Persons who obtain this authorization are exempt from

state prosecution for possession and distribution of controlled substances to the extent

of the authorization.
N.D. Cent. Code § 19-01-11 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-11
19-01-11. Possession of prohibited or regulated products, articles, compositions, or things as prima facie evidence
Status: in_force

19-01-11. Possession of prohibited or regulated products, articles, compositions, or

things as prima facie evidence.

Possession of any product, article, composition, or thing, the manufacture, sale, or use of

which is restricted, regulated, or forbidden by any provision of this title, is prima facie evidence

of the intent to sell, manufacture, transport, possess, or use the same in violation of the

provisions of this title relating to such product, article, composition, or thing, as the case may be.
N.D. Cent. Code § 19-21-02 — ND Code / Title 19 / Chapter 19-21 / Section 19-21-02
19-21-02. Prohibited acts
Status: in_force

19-21-02. Prohibited acts

The following acts and the causing thereof are hereby prohibited:

1. The sale or delivery for sale of any misbranded hazardous substance or banned

hazardous substance.

2. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part

of the label of, or the doing of any other act with respect to a hazardous substance, if

such act is done while the substance is held for sale and which results in the

hazardous substance being a misbranded or banned hazardous substance.

3. The refusal to permit entry, inspection, or copying of records as authorized by this

chapter.

4. A reuse of food, drug, or cosmetic or any beverage containers still bearing original

labels or identifiable as such by characteristic shape, impression, or closures as

containers for hazardous substances.

5. The use by any person to that person's own advantage, or revealing, other than to the

department, or to the courts when relevant in any judicial proceeding under this

chapter, of any information acquired under authority of section 19-21-06 concerning

any method of process which, as a trade secret, is entitled to protection.
N.D. Cent. Code § 19-04-07 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-07
19-04-07. Penalty
Status: repealed

19-04-07. Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 19-03.1-10 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-10
19-03.1-10. Schedule IV tests
Status: in_force

19-03.1-10. Schedule IV tests

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

1. The substance has a low potential for abuse relative to substances in schedule III;

2. The substance has currently accepted medical use in treatment in the United States;

and

3. Abuse of the substance may lead to limited physical dependence or psychological

dependence relative to the substances in schedule III.
N.D. Cent. Code § 19-03.6-02 — ND Code / Title 19 / Chapter 19-03.6 / Section 19-03.6-02
19-03.6-02. Pharmacy benefits manager audit - Rules
Status: in_force

19-03.6-02. Pharmacy benefits manager audit - Rules

1. An entity conducting an audit of a pharmacy shall:

a. If conducting an onsite audit, give the pharmacy a written notice at least fourteen

business days before conducting an initial audit.

b. If the audit involves clinical or professional judgment, ensure the audit is

conducted by or in consultation with a pharmacist licensed in any state and

employed by or contracted with the pharmacy benefits manager.

c. Limit the audit to no more than twenty-four months from the date that the claim

was submitted to or adjudicated by the entity. A claim may not be reviewed that is

older than twenty-four months from the date of the audit, unless a longer period is

permitted under federal law.

d. Refrain from conducting the audit during the first five business days of the month

unless otherwise consented to by the pharmacy.

e. Refrain from entering the pharmacy area where patient-specific information is

available and remain out of sight and hearing range of the pharmacy customers.

The pharmacy shall designate an area for auditors to conduct their business.

f. Allow the pharmacy to use the records, including a medication administration

record, of a hospital, physician, or other authorized practitioner to validate the

pharmacy record and delivery.

g. Allow the pharmacy to use any legal prescription, including medication

administration records, electronic documents, or documented telephone calls

from the prescriber or the prescriber's agents, to validate claims in connection

with prescriptions and refills or changes in prescriptions.

2. An audit may not allow a recoupment to be assessed for items on the face of a

prescription not required by rules adopted by the state board of pharmacy with respect

to patient hard copy prescription forms for controlled and uncontrolled drugs.

3. A finding of overpayment or underpayment may be based only on the actual

overpayment or underpayment and not on a projection based on the number of

patients served having a similar diagnosis or on the number of similar orders or refills

for similar drugs. A calculation of an overpayment may not include dispensing fees,

unless a prescription was not dispensed or the prescriber denied authorization. In the

case of an error that has no financial harm to the patient or plan, the pharmacy

benefits manager may not assess any chargeback. The entity conducting the audit

may not use extrapolation in calculating the recoupment or penalties for audits. Any

recoupment may not be deducted against future remittances and must be invoiced to

the pharmacy for payment. An entity performing an audit may not receive payment

based on a percentage of the amount recovered. Interest may not accrue during the

audit period, which begins with the notice of audit and ends with the final audit report.

4. A clerical or recordkeeping error may not be considered fraud, but may be subject to

recoupment. A person is not subject to any criminal penalty for a clerical or

recordkeeping error without proof of intent to commit fraud.

5. The parameters of an audit must comply with consumer-oriented parameters based on

manufacturer listings or recommendations for the following:

a. The day supply for eye drops must be calculated so that the consumer pays only

one 30-day copayment if the bottle of eye drops is intended by the manufacturer

to be a thirty-day supply.

b. The day supply for insulin must be calculated so that the highest dose prescribed

is used to determine the day supply and consumer copayment.

c. The day supply for a topical product must be determined by the judgment of the

pharmacist based upon the treated area.

6. Unless an alternate price is published in a provider contract and signed by both

parties, the usual and customary price charged by a pharmacy for compounded

medications is considered to be the reimbursable cost.

7. An entity conducting an audit shall utilize the same standards and parameters in

auditing a pharmacy the entity uses with other similarly situated pharmacies.

8. An entity conducting an audit shall establish a written appeals process.
N.D. Cent. Code § 19-24.1-25 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-25
19-24.1-25. Compassion centers - Security and safety
Status: in_force

19-24.1-25. Compassion centers - Security and safety

1. In compliance with rules adopted under this chapter, a compassion center shall

implement appropriate security and safety measures to deter and prevent the

unauthorized entrance to areas containing marijuana and containing usable marijuana

and to prevent the theft of marijuana and usable marijuana.

2. A compassion center shall limit to authorized personnel entry to an area in which

production or producing takes place or in which marijuana or usable marijuana is held.

3. A compassion center must have a fully operational security alarm system at the

authorized physical address which includes an electrical support backup system for

the alarm system to provide suitable protection against theft and diversion.

4. A compassion center shall maintain documentation in an auditable form for:

a. All maintenance inspections and tests conducted under this section, and any

servicing, modification, or upgrade performed on the security alarm system;

b. An alarm activation or other event that requires response by public safety

personnel; and

c. Any breach of security.
N.D. Cent. Code § 19-03.1-36.4 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36.4
19-03.1-36.4. Answer by claimant of property - Time for filing
Status: in_force

19-03.1-36.4. Answer by claimant of property - Time for filing

Within twenty days after the service of the summons and complaint for forfeiture, the owner

of the property to be forfeited and any other person with a legal interest in the property may file

an answer claiming an interest in that property and claiming that person's interest is not subject

to forfeiture under this chapter.
N.D. Cent. Code § 19-02.1-25 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-25
19-02.1-25. Country of origin labels
Status: in_force

19-02.1-25. Country of origin labels

Each retailer shall indicate, by label, to customers the country of origin of fresh beef, lamb,

and pork available for sale to customers. For purposes of this section, a label means a clearly

visible printed or written indication that is placed in the immediate vicinity of the food product.

This section does not apply to a restaurant, cafeteria, prepared food service establishment, or

mobile food unit.
N.D. Cent. Code § 19-03.3-03 — ND Code / Title 19 / Chapter 19-03.3 / Section 19-03.3-03
19-03.3-03. Restriction by hospital or health care facility of prescribed drug use prohibited
Status: in_force

19-03.3-03. Restriction by hospital or health care facility of prescribed drug use

prohibited.

No hospital or health care facility may forbid or restrict the use of controlled substances

when prescribed or administered by a physician having staff privileges at that hospital or health

care facility for a patient diagnosed and treated by a physician for pain.
N.D. Cent. Code § 19-03.5-02 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-02
19-03.5-02. Requirements for prescription drug monitoring program
Status: in_force

19-03.5-02. Requirements for prescription drug monitoring program

1. The board shall establish and maintain a program for the monitoring of prescribing and

dispensing of all controlled substances.

2. Each dispenser shall submit to the board by electronic means information regarding

each prescription dispensed for a controlled substance. The board shall establish and

update rules to direct dispensers on the version of the American Society for

Automation in Pharmacy Rules-Based Standard Implementation Guide for Prescription

Monitoring Programs in which the dispensing history must be submitted to the central

repository.

3. Each dispenser shall submit the information in accordance with transmission methods

and frequency established by the board.

4. The board may issue an extension of time to a dispenser that is unable to submit

prescription information by electronic means.
N.D. Cent. Code § 19-08-04 — ND Code / Title 19 / Chapter 19-08 / Section 19-08-04
19-08-04. License required
Status: in_force

19-08-04. License required

The department may require manufacturers, importers, jobbers, or other retailers to furnish

suitable samples to the department for inspection and chemical analysis. If any beverage does

not meet all requirements of law, the department shall refuse to license the beverage and shall

prevent sale of the beverage. The license fee must be paid annually during the month of

December or before placing the beverage on the market. The license expires December

thirty-first next following its issuance. If the manufacturer or jobber secures a license for a

product, subsequent sellers, including retailers and dispensers, need not again secure a license

for the same product, and no dispenser may be required to secure a license for a product

prepared for the dispenser's own use from a product already licensed. The department may

adopt rules establishing the amount and the procedures for the collection of annual 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.
N.D. Cent. Code § 19-03.4-02 — ND Code / Title 19 / Chapter 19-03.4 / Section 19-03.4-02
19-03.4-02. Drug paraphernalia - Guidelines
Status: in_force

19-03.4-02. Drug paraphernalia - Guidelines

In determining whether an object is drug paraphernalia, a court or other authority shall

consider, in addition to all other logically relevant factors:

1. Statements by an owner or by anyone in control of the object concerning its use.

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

state or federal law relating to any controlled substance.

3. The proximity of the object, in time and space, to a direct violation of chapter 19-03.1.

4. The proximity of the object to controlled substances.

5. The existence of any residue of controlled substances on the object.

6. Direct or circumstantial evidence of the intent of an owner, or of any person in control

of the object, to deliver the object to another person whom the owner or person in

control of the object knows, or should reasonably know, intends to use the object to

facilitate a violation of chapter 19-03.1. The innocence of an owner, or of any person in

control of the object, as to a direct violation of chapter 19-03.1 may not prevent a

finding that the object is intended or designed for use as drug paraphernalia.

7. Instructions, oral or written, provided with the object concerning the object's use.

8. Descriptive materials accompanying the object which explain or depict the object's

use.

9. National and local advertising concerning the object's use.

10. The manner in which the object is displayed for sale.

11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or

related items to the community, for example, a licensed distributor or dealer of tobacco

products.

12. Direct or circumstantial evidence of the ratio of sales of the object or objects to the

total sales of the business enterprise.

13. The existence and scope of legitimate uses for the object in the community.

14. Expert testimony concerning the object's use.

15. The actual or constructive possession by the owner or by a person in control of the

object or the presence in a vehicle or structure where the object is located of written

instructions, directions, or recipes to be used, or intended or designed to be used, in

manufacturing, producing, processing, preparing, testing, or analyzing a controlled

substance.

16. Whether the object is a needle or syringe collected during the operation of a needle

exchange program under chapter 23-01 to aid in the prevention of bloodborne

diseases.
N.D. Cent. Code § 19-03.4-05 — ND Code / Title 19 / Chapter 19-03.4 / Section 19-03.4-05
19-03.4-05. Unlawful delivery of drug paraphernalia to a minor - Penalty
Status: in_force

19-03.4-05. Unlawful delivery of drug paraphernalia to a minor - Penalty

A person eighteen years of age or over may not deliver drug paraphernalia, in violation of

this chapter, to a person under eighteen years of age who is at least three years the deliverer's

junior. Any person violating this section is guilty of a class C felony.
N.D. Cent. Code § 19-24.1-20 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-20
19-24.1-20. Cardholders - Compassion centers - Violations - Penalties
Status: in_force

19-24.1-20. Cardholders - Compassion centers - Violations - Penalties

1. A cardholder or compassion center that fails to provide a notice as required under this

chapter shall pay to the department a fee in an amount established by the department,

not to exceed one hundred fifty dollars.

2. In addition to any other penalty applicable in law, a manufacturing facility or a

manufacturing facility agent is guilty of a class B felony for intentionally selling or

otherwise transferring marijuana or usable marijuana in any form, to a person other

than a dispensary, or for intentionally selling or otherwise transferring marijuana in any

form other than usable marijuana, to a dispensary. A person convicted under this

subsection may not continue to be affiliated with a compassion center and is

disqualified from further participation under this chapter.

3. In addition to any other penalty applicable in law, a dispensary or a dispensary agent is

guilty of a class B felony for intentionally selling or otherwise transferring usable

marijuana, to a person other than a registered qualifying patient or a registered

designated caregiver, to a registered qualifying patient who is a minor, or in a form not

allowed under this chapter. A person convicted under this subsection may not continue

to be affiliated with a compassion center and is disqualified from further participation

under this chapter.

4. In addition to any other penalty applicable in law, a dispensary or a dispensary agent is

guilty of a class B felony for intentionally selling or otherwise transferring usable

marijuana, in a form other than pediatric medical marijuana, to a registered designated

caregiver, for use by a registered qualifying patient who is a minor. A person convicted

under this subsection may not continue to be affiliated with a compassion center and is

disqualified from further participation under this chapter.

5. A compassion center or compassion center agent that knowingly submits false records

or documentation required by the department to certify a compassion center under this

chapter is guilty of a class C felony. A person convicted under this subsection may not

continue to be affiliated with a compassion center and is disqualified from further

participation under this chapter.

6. In addition to any other penalty applicable in law, if a compassion center violates this

chapter the department may fine the compassion center up to one thousand dollars for

each violation.

7. In addition to any other penalty applicable in law, a registered qualifying patient who

intentionally sells or otherwise transfers usable marijuana, to another person, is guilty

of a class B felony. An individual convicted under this subsection is disqualified from

further participation under this chapter.

8. In addition to any other penalty applicable in law, a registered designated caregiver

who intentionally sells or otherwise transfers usable marijuana, to a person other than

a registered qualifying patient to which the caregiver is associated with registration, is

guilty of a class B felony. An individual convicted under this subsection is disqualified

from further participation under this chapter.

9. An individual who knowingly submits false records or documentation required by the

department to receive a registry identification card under this chapter is guilty of a

class A misdemeanor. An individual convicted under this subsection may not continue

to be affiliated with a compassion center and is disqualified from further participation

under this chapter.

10. A health care provider who holds a financial interest in a compassion center may not

knowingly refer a patient to a compassion center or to a registered designated

caregiver, advertise in a compassion center, or issue a written certification. A health

care provider who violates this subsection must be fined up to one thousand dollars.
N.D. Cent. Code § 19-01-18 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-18
19-01-18. Duties as to weights and measures
Status: repealed

19-01-18. Duties as to weights and measures

Repealed by S.L. 2013, ch. 179, § 2.
N.D. Cent. Code § 19-03.1-15 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-15
19-03.1-15. Rules
Status: in_force

19-03.1-15. Rules

The board may adopt rules pursuant to chapter 28-32 and charge reasonable fees relating

to the registration and control of the manufacture, distribution, and dispensing of controlled

substances within this state.
N.D. Cent. Code § 19-03.1-24 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-24
19-03.1-24. Prohibited acts B - Penalties
Status: in_force

19-03.1-24. Prohibited acts B - Penalties

1. It is unlawful for any person:

a. Who is subject to the provisions of sections 19-03.1-15 through 19-03.1-22 to

distribute or dispense a controlled substance in violation of section 19-03.1-22;

b. Who is a registrant, to manufacture a controlled substance not authorized by their

registration, or to distribute or dispense a controlled substance not authorized by

their registration to another registrant or other authorized person;

c. To refuse or fail to make, keep, or furnish any record, notification, order form,

statement, invoice, or information required under this chapter;

d. To refuse an entry into any premises for any inspection authorized by this

chapter; or

e. Knowingly to keep or maintain any store, shop, warehouse, dwelling, building,

vehicle, boat, aircraft, or other structure or place, which is resorted to by persons

using controlled substances in violation of this chapter for the purpose of using

these substances, or which is used for keeping or selling them in violation of this

chapter.

2. Any person who violates this section is guilty of a class C felony.
N.D. Cent. Code § 19-03.1-23.2 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-23.2
19-03.1-23.2. Mandatory terms of imprisonment - Deferred or suspended sentence limited
Status: repealed

19-03.1-23.2. Mandatory terms of imprisonment - Deferred or suspended sentence

limited.

Repealed by S.L. 2019, ch. 187, § 9.
N.D. Cent. Code § 19-03.1-36.8 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36.8
19-03.1-36.8. Reporting
Status: in_force

19-03.1-36.8. Reporting

1. As used in this section, "law enforcement agency" means a nonfederal public agency

authorized by law or by a government agency or branch to enforce the law and to

conduct or engage in investigations or prosecutions for violations of law, including the

authority to conduct or engage in seizure and forfeiture of property or to collaborate

with a federal agency under federal law to conduct or engage in seizure and forfeiture

of property. The term includes a multijurisdictional task force.

2. Every civil forfeiture judgment issued by a district court must be made publicly

available and include the following information in the findings of fact:

a. Case number of the forfeiture proceeding and the district court where the case

was filed.

b. Location of the seizure, including whether the location was a residence or

business or occurred during a traffic stop.

c. The crime with which the suspect was charged.

d. The disposition of the suspect's criminal case.

e. Who filed a claim or counterclaim for the seized property, or whether there was a

default in the litigation of the seized property.

f. Date the forfeiture order was issued.

g. Whether a forfeiture settlement agreement was reached.

h. The date and the final disposition of the property.

i. Estimated value of the forfeited property.

j. Estimate of the total costs accrued by the law enforcement agency for storage

and disposal of the civilly forfeited property.

k. Amount of any attorney fees awarded to owners of seized and forfeited property.

3. Annually, any law enforcement agency that seizes property shall provide to the

attorney general a completed civil asset forfeiture case report form for every seizure

and the total value of the forfeited property held by the agency at the end of the

reporting period.

4. By November first of each year, the attorney general shall submit to the legislative

management and the governor a written report summarizing activity in the state for the

preceding fiscal year, the type, approximate value, and disposition of any civilly

forfeited property, and the amount of proceeds received.

a. Summary data and civilly forfeited property must be disaggregated by agency.

b. The attorney general shall make the report available on the attorney general's

website.

c. The report must include the case reports provided by the law enforcement

agencies.

5. The attorney general may recover any costs under this section by withdrawing money

from the asset forfeiture fund.

6. A law enforcement agency may use forfeiture proceeds to pay the costs of compiling

and reporting data under this section.

7. The data and reports compiled under this section are public information and not

exempt from disclosure.

8. The attorney general may require the reporting of additional information not specified

in this section. The attorney general shall develop standard forms, processes, and

deadlines for annual submission of forfeiture data by law enforcement agencies.

9. If a law enforcement agency fails to file a report within thirty days after the report is

due, the attorney general may compel compliance by any means until the report is

filed.

10. Any property seized with a value of less than fifty dollars is not required to be included

in the written report submitted by the attorney general.

11. A state's attorney may establish a minimum value amount for seizures in the interests

of justice and efficient use of governmental resources in the state's attorney's

jurisdiction. The minimum value amount may be based on the state's attorney's

determination of the:

a. Type and number of occurrences of offenses that include the seizure of property;

and

b. Average value of seized property less the costs to seize and forfeit the property.
N.D. Cent. Code § 19-03.1-27 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-27
19-03.1-27. Penalties under other laws
Status: in_force

19-03.1-27. Penalties under other laws

Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil

or administrative penalty or sanction otherwise authorized by law.
N.D. Cent. Code § 19-03.1-28 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-28
19-03.1-28. Bar to prosecution
Status: in_force

19-03.1-28. Bar to prosecution

If a violation of this chapter is a violation of a federal law or the law of another state, a

conviction or acquittal under federal law or the law of another state for the same act is a bar to

prosecution in this state.
N.D. Cent. Code § 19-02.1-16.2 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-16.2
19-02.1-16.2. Specialty pharmacy services and patient access to pharmaceuticals - Pharmacy benefits managers - Penalty
Status: in_force

19-02.1-16.2. Specialty pharmacy services and patient access to pharmaceuticals -

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. "Specialty drug" means a prescription drug that:

(1) Is not available for order or purchase by a retail community pharmacy and

long-term care pharmacy, regardless of whether the drug is meant to be

self-administered; and

(2) Requires special storage and has distribution or inventory limitations not

available at a retail community pharmacy or long-term care pharmacy.

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

2. If requested by a plan sponsor contracted payer, a pharmacy benefits manager or

third-party payer that has an ownership interest, either directly or through an affiliate or

subsidiary, in a pharmacy shall disclose to the plan sponsor contracted payer any

difference between the amount paid to a pharmacy and the amount charged to the

plan sponsor contracted payer.

3. A pharmacy benefits manager or a pharmacy benefits manager's affiliates or

subsidiaries may not own or have an ownership interest in a patient assistance

program and a mail order specialty pharmacy, unless the pharmacy benefits manager,

affiliate, or subsidiary agrees to not participate in a transaction that benefits the

pharmacy benefits manager, affiliate, or subsidiary instead of another person owed a

fiduciary duty.

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

accreditation standards or recertification requirements to participate in a network which

are inconsistent with, more stringent than, or in addition to the federal and state

requirements for licensure as a pharmacy in this state.

5. A licensed pharmacy or pharmacist may dispense any and all drugs allowed under that

license.

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

guilty of a class B misdemeanor for each violation occurrence.
N.D. Cent. Code § 19-24.1-09 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-09
19-24.1-09. Cardholders - Eligibility and compliance
Status: in_force

19-24.1-09. Cardholders - Eligibility and compliance

1. A cardholder shall provide the department or the department's designee immediate

access to any material and information necessary for determining eligibility and

compliance with this chapter.

2. Failure of a cardholder to provide the department access to the material, or information

as provided under this chapter may result in the department taking action, which may

include the revocation of the cardholder registry identification card and referral to state

or local law enforcement.

3. Failure of a cardholder to comply with the requirements under this section which is

documented by the department, may result in sanctions, including suspension,

revocation, nonrenewal, or denial of registration, and referral to state or local law

enforcement.

4. The department may refer credible criminal complaints against a cardholder to

appropriate state or local law enforcement authorities.

5. a. If a violation of the requirements under this section is cited as a result of

compliance monitoring, the department shall provide the cardholder with written

notice of the findings following the compliance monitoring visit.

b. Unless otherwise specified by the department, the cardholder shall correct the

violation within five calendar days of receipt of the notice citing the violation.

c. The department shall verify whether the cardholder corrected the violation.

d. The violation is not deemed corrected until the department provides written

verification the corrective action is satisfactory.

e. If the violation is not corrected within the required time, the department may

revoke the registry identification card of the cardholder.
N.D. Cent. Code § 19-03.1-20 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-20
19-03.1-20. Records of registrants
Status: in_force

19-03.1-20. Records of registrants

Persons registered to manufacture, distribute, or dispense controlled substances under this

chapter shall keep records and maintain inventories in conformance with the recordkeeping and

inventory requirements of federal law and with any additional rules the board issues.
N.D. Cent. Code § 19-03.5-10 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-10
19-03.5-10. Reporting unlawful acts and penalties
Status: in_force

19-03.5-10. Reporting unlawful acts and penalties

1. The board may report to a dispenser's licensing board any dispenser who knowingly

fails to submit prescription drug monitoring information to the board as required by this

chapter or by administrative rule or who knowingly submits incorrect prescription

information to the board.

2. A person, including a vendor, that uses or discloses prescription drug monitoring

information in violation of this chapter is subject to the penalty provided in section

12.1-13-01.
N.D. Cent. Code § 19-03.1-38 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-38
19-03.1-38. Judicial review
Status: in_force

19-03.1-38. Judicial review

All final determinations, findings, and conclusions of the board under this chapter are final

and conclusive decisions of the matters involved. Any person aggrieved by the decision may

obtain review of the decision in the district court. Findings of fact by the board, if supported by

substantial evidence, are conclusive.
N.D. Cent. Code § 19-22-03 — ND Code / Title 19 / Chapter 19-22 / Section 19-22-03
19-22-03. Grade labeling
Status: in_force

19-22-03. Grade labeling

Every closed package containing potatoes to be sold or offered for sale at retail by any

person must bear conspicuously on the top or side, or both, thereof in plain words the grade. An

attached tag may substitute for the grade print on closed packages. Inspections under this

chapter must be performed by the department.
N.D. Cent. Code § 19-03.4-06 — ND Code / Title 19 / Chapter 19-03.4 / Section 19-03.4-06
19-03.4-06. Unlawful advertisement of drug paraphernalia - Penalty
Status: in_force

19-03.4-06. Unlawful advertisement of drug paraphernalia - Penalty

A person may not place an advertisement in any newspaper, magazine, handbill, or other

publication if that person knows or should reasonably know that the purpose of the

advertisement, in whole or in part, is to promote the sale of objects designed or intended for use

as drug paraphernalia. Any person violating this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 19-02.1-21 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-21
19-02.1-21. Inspections - Examinations
Status: in_force

19-02.1-21. Inspections - Examinations

The department has free access at all reasonable hours to any factory, warehouse, or

establishment in which foods, drugs, devices, or cosmetics are manufactured, processed,

packed, or held for introduction into commerce, or to enter any vehicle being used to transport

or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose of inspecting

such factory, warehouse, establishment, or vehicle to determine if this chapter is being violated

and to secure samples or specimens of any food, drug, device, or cosmetic after paying or

offering to pay for such sample.

The department shall make or cause to be made examinations of samples secured under

this section to determine whether or not this chapter is being violated.

Inspections of slaughterhouses, meatpacking, and meat processing plants where cattle,

swine, sheep, goats, farmed elk, horses, or other equines are slaughtered for human food or

where the carcass or the parts thereof, meat, or meat food products are salted, canned, packed,

smoked, cured, rendered, or otherwise processed or prepared for human food may not be

performed under this chapter if the slaughterhouses, meatpacking, or meat processing plants

are inspected under the North Dakota Meat Inspection Act, or the Federal Meat Inspection Act,

as amended [34 Stat. 1260-65; 21 U.S.C. 71-91].
N.D. Cent. Code § 19-01-14 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-14
19-01-14. Service and return of search warrant and proceedings thereon
Status: in_force

19-01-14. Service and return of search warrant and proceedings thereon

The provisions of sections 29-29-01 and 29-29-18 and rule 41 of the North Dakota Rules of

Criminal Procedure, as to the service and return of a search warrant, and hearing, and return

thereon to the district court, govern in cases of search warrants issued pursuant to the

provisions of this chapter except that testimony of witnesses need not be reduced to writing. If

the magistrate finds that the property seized is property of the kind described in the search

warrant and that there is probable cause to believe that the grounds on which the search

warrant was issued existed, the magistrate shall send the property so seized to the district court,

together with the magistrate's return. If the magistrate finds that there is not probable cause to

believe that the grounds on which the search warrant was issued existed, the magistrate shall

order the property returned to the person from whom it was taken.
N.D. Cent. Code § 19-08-06 — ND Code / Title 19 / Chapter 19-08 / Section 19-08-06
19-08-06. Penalty
Status: in_force

19-08-06. Penalty

Any person violating any of the provisions of this chapter or any rule or regulation issued

pursuant thereto is guilty of a class B misdemeanor.
N.D. Cent. Code § 19-04-06 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-06
19-04-06. Preparations a nuisance - May be destroyed
Status: in_force

19-04-06. Preparations a nuisance - May be destroyed

The samples of goods described in section 19-04-04 must be deemed a nuisance and a

danger and menace to the safety of children, members of the household, or livestock. If such

samples are not removed upon notice by a member of the household, or if they are left behind

purposely and not removed within twenty-four hours without notice, such samples may be

removed, destroyed, or annihilated and disposed of by any member of the household and no

accounting will have to be rendered, and an action demanding such accounting may not be

maintained in any court. A defense for a violation of section 19-04-04 may not be sustained

unless a receipt or a request for the goods, dated and signed by the householder, is produced

as evidence.
N.D. Cent. Code § 19-24.1-08 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-08
19-24.1-08. Qualifying patients and designated caregivers - Voluntary withdrawal
Status: in_force

19-24.1-08. Qualifying patients and designated caregivers - Voluntary withdrawal

A registered qualifying patient or registered designated caregiver may voluntarily withdraw

from participation in the medical marijuana program. A registered qualifying patient or registered

designated caregiver seeking to withdraw from the medical marijuana program shall notify the

department in writing no less than thirty calendar days before withdrawal.
N.D. Cent. Code § 19-01-02.1 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-02.1
19-01-02.1. Legislative intent
Status: in_force

19-01-02.1. Legislative intent

It is the intent of the legislative assembly that the department provide consumer protection

services to the public by means of laboratory sampling, laboratory testing, onsite inspecting, and

public information services within its jurisdiction.
N.D. Cent. Code § 19-03.1-23.1 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-23.1
19-03.1-23.1. Increased penalties for aggravating factors in drug offenses - Penalty
Status: in_force

19-03.1-23.1. Increased penalties for aggravating factors in drug offenses - Penalty

1. A person who violates section 19-03.1-23 is subject to the penalties provided in

subsection 2 if:

a. The offense was committed during a school sponsored activity or was committed

during the hours of six a.m. to ten p.m. if school is in session, the offense

involved the manufacture, delivery, or possession, with intent to manufacture or

deliver a controlled substance in, on, or within three hundred feet [91.4 meters] of

the real property comprising a preschool facility, a public or private elementary or

secondary school, or a public career and technical education school, the

defendant was at least twenty-one years of age at the time of the offense, and the

offense involved the delivery of a controlled substance to a minor;

b. The offense involved the manufacture, delivery, or possession, with intent to

manufacture or deliver a controlled substance, other than marijuana or

tetrahydrocannabinol, in, on, or within three hundred feet [91.4 meters] of the real

property comprising a public park;

c. The offense involved:

(1) Fifty grams or more of a mixture or substance containing a detectable

amount of heroin;

(2) Fifty grams or more of a mixture or substance containing a detectable

amount of:

(a) Coca leaves, except coca leaves and extracts of coca leaves from

which cocaine, ecgonine, and derivatives of ecgonine or their salts

have been removed;

(b) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

(c) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(d) Any compound, mixture, or preparation that contains any quantity of

any of the substance referred to in subparagraphs a through c;

(3) Twenty-eight grams or more of a mixture or substance described in

paragraph 2 which contains cocaine base;

(4) Ten grams or more of phencyclidine or one hundred grams or more of a

mixture or substance containing a detectable amount of phencyclidine;

(5) One gram, one hundred dosage units, or one-half liquid ounce or more of a

mixture or substance containing a detectable amount of lysergic acid

diethylamide;

(6) Forty grams or more of a mixture or substance containing a detectable

amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or ten

grams or more of a mixture or substance containing a detectable amount of

any analog of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;

(7) Fifty grams or more of a mixture or substance containing a detectable

amount of methamphetamine;

(8) Ten grams, one hundred dosage units, or one-half liquid ounce or more of a

mixture or substance containing a detectable amount of

3,4-methylenedioxy-N-methylamphetamine, C11H15NO2;

(9) One hundred dosage units or one-half liquid ounce of a mixture or

substance containing a detectable amount of gamma-hydroxybutyrate or

gamma-butyrolactone or 1,4 butanediol or any substance that is an analog

of gamma-hydroxybutyrate; or

(10) One hundred dosage units or one-half liquid ounce of a mixture or

substance containing a detectable amount of flunitrazepam;

d. The defendant had a firearm in the defendant's actual possession at the time of

the offense; or

e. The defendant sells, distributes, delivers, or conspires to deliver a controlled

substance to an individual which results in the death of the individual due to the

use of that controlled substance and the death of the individual would not have

occurred in the absence of the defendant's conduct. This subdivision does not

apply to an individual who is immune from prosecution under section

19-03.1-23.4.

2. The offense is:

a. A class A felony if the violation of section 19-03.1-23 is designated as a class B

felony.

b. A class B felony if the violation of section 19-03.1-23 is designated as a class C

felony.

c. A class C felony if the violation of section 19-03.1-23 is designated as a class A

misdemeanor.
N.D. Cent. Code § 19-03.1-18 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-18
19-03.1-18. Revocation and suspension of registration
Status: in_force

19-03.1-18. Revocation and suspension of registration

1. A registration under section 19-03.1-17 to manufacture, distribute, or dispense a

controlled substance may be suspended or revoked by the board upon a finding that

the registrant:

a. Has furnished false or fraudulent material information in any application filed

under this chapter;

b. Has been convicted of a felony under any state or federal law relating to any

controlled substance; or

c. Has had the registrant's federal registration suspended or revoked to

manufacture, distribute, or dispense controlled substances.

2. The board may limit revocation or suspension of a registration to the particular

controlled substance with respect to which grounds for revocation or suspension exist.

3. If the board suspends or revokes a registration, all controlled substances owned or

possessed by the registrant at the time of suspension or the effective date of the

revocation order may be placed under seal. No disposition may be made of

substances under seal until the time for taking an appeal has elapsed or until all

appeals have been concluded unless a court, upon application therefor, orders the

sale of perishable substances and the deposit of the proceeds of the sale with the

court. Upon a revocation order becoming final, all controlled substances may be

forfeited to the state.

4. The board shall promptly notify the bureau of all orders suspending or revoking

registration and all forfeitures of controlled substances.
N.D. Cent. Code § 19-03.3-05 — ND Code / Title 19 / Chapter 19-03.3 / Section 19-03.3-05
19-03.3-05. Application
Status: in_force

19-03.3-05. Application

This chapter does not apply to a person being treated by a physician for a substance use

disorder because of the person's use of controlled substances not related to treatment for pain.

This chapter does not authorize a physician to prescribe or administer any drug legally classified

as a controlled substance or as an addictive or dangerous drug for other than medically

accepted therapeutic purposes. A person to whom controlled substances are prescribed or

administered for pain is not exempt from section 39-08-01 or 39-20-04.1.
N.D. Cent. Code § 19-04-03 — ND Code / Title 19 / Chapter 19-04 / Section 19-04-03
19-04-03. Records to be kept of poisons dispensed - Examination of records - Penalty
Status: in_force

19-04-03. Records to be kept of poisons dispensed - Examination of records -

Penalty.

Every person who sells at retail, furnishes, gives away, or delivers to another any of the

articles or preparations mentioned in section 19-04-01 or any drug, chemical, or preparation

which, according to the standard works on medicine or materia medica, is liable, in quantities of

sixty grains [388.80 centigrams] or less, to destroy adult human life, and who:

1. Fails or neglects, before delivering the same, to enter or cause to be entered in a book

kept for that purpose, the date of sale, the name and address of the person to whom

the article or preparation is delivered or sold, the name, quantity, and quality of the

article or preparation delivered or sold, and the name of the dispenser; or

2. Fails, neglects, or refuses, during business hours, to exhibit such book, and every part

thereof, for inspection, and to permit the same to be inspected, upon demand, by any

physician, coroner, peace officer, or magistrate of the county,

is guilty of a class A misdemeanor.
N.D. Cent. Code § 19-06.1-05 — ND Code / Title 19 / Chapter 19-06.1 / Section 19-06.1-05
19-06.1-05. Enforcement authority
Status: in_force

19-06.1-05. Enforcement authority

The department shall enforce the provisions of this chapter.
N.D. Cent. Code § 19-03.1-36.2 — ND Code / Title 19 / Chapter 19-03.1 / Section 19-03.1-36.2
19-03.1-36.2. Forfeiture proceeding as civil action - Standard of proof
Status: in_force

19-03.1-36.2. Forfeiture proceeding as civil action - Standard of proof

1. Forfeiture proceedings are civil actions against the property to be forfeited and the

standard of proof is clear and convincing evidence.

2. Forfeiture proceedings are separate and distinct from any related criminal action, and

may not be initiated until the owner of the property has been convicted of or pled guilty

to a criminal offense, or the individual has died, fled the jurisdiction, been deported by

the United States government, been granted immunity or a reduced sentence in

exchange for testifying or assisting a law enforcement investigation or prosecution,

has abandoned the property, or it can be established beyond a reasonable doubt the

property was used in the commission of a crime or constituted the proceeds of criminal

activity. As used in this subsection, "abandoned the property" or "fled the jurisdiction"

means for a period of more than one year, the owner has not responded to any of the

reasonable efforts made by the seizing agency to contact the owner or has not

contacted the seizing agency.

3. Two or more law enforcement agencies and courts from different jurisdictions may

coordinate, cooperate, and engage in interjurisdictional prosecution under this section.
N.D. Cent. Code § 19-02.1-10.1 — ND Code / Title 19 / Chapter 19-02.1 / Section 19-02.1-10.1
19-02.1-10.1. Eggs - Labeling and temperature rules
Status: in_force

19-02.1-10.1. Eggs - Labeling and temperature rules

The department may adopt appropriate rules under chapter 28-32 to establish standards for

proper labeling and temperature during the retail storage and sale of shell eggs. As used in this

section, "eggs" means eggs in the shell which are the product of a domesticated chicken.
N.D. Cent. Code § 19-24.1-24.1 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-24.1
19-24.1-24.1. Compassion centers - Cannabinoid edible products
Status: in_force

19-24.1-24.1. Compassion centers - Cannabinoid edible products

1. A manufacturing facility may not manufacture a cannabinoid edible product unless the

manufacturing facility has received the prior approval of the department.

2. A dispensary may not possess, market, or sell a cannabinoid edible product unless the

dispensary has received the prior approval of the department.

3. The department may not approve the manufacturing, possession, marketing, or sale of

a cannabinoid edible product unless the department has reviewed and approved the

form, manufacturing, packaging, labeling, and marketing of the cannabinoid edible

product.

a. Packaging of a cannabinoid edible product must be resealable, must be child-

resistant, and may not be transparent. The maximum concentration or amount of

tetrahydrocannabinol permitted in a package is fifty milligrams.

b. Labeling of a cannabinoid edible product must be in black arial font which

provides the name of the product, manufacturer's information, ingredient list,

milligrams of tetrahydrocannabinol per serving, and number of servings

per package. The labeling may not include an image other than text.

c. Marketing may not target market to minors.
N.D. Cent. Code § 19-24.1-35 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-35
19-24.1-35. Facility restrictions
Status: in_force

19-24.1-35. Facility restrictions

1. A basic care facility, nursing facility, assisted living facility, adult day care facility, or

adult foster care home licensed in the state may adopt reasonable restrictions on the

medical use of marijuana by residents or individuals receiving inpatient services,

including:

a. The facility will not store or maintain the registered qualifying patient's supply of

usable marijuana.

b. The facility, caregivers, or hospice agencies serving the facility's residents are not

responsible for providing the usable marijuana for registered qualifying patients or

assisting with the medical use of marijuana.

c. Usable marijuana can be consumed by a method other than vaporizing or

combustion.

d. Consumption of usable marijuana is limited to a place specified by the facility.

2. A facility listed in subsection 1 may not unreasonably limit a registered qualifying

patient's medical use of marijuana as authorized under this chapter unless failing to do

so would cause the facility to lose a monetary or licensing-related benefit under federal

law or regulations.
N.D. Cent. Code § 19-17-03 — ND Code / Title 19 / Chapter 19-17 / Section 19-17-03
19-17-03. White bread standards
Status: in_force

19-17-03. White bread standards

It is unlawful for any person to manufacture, bake, sell, or offer for sale, for human

consumption in this state, any white bread or rolls as defined in section 19-17-01 unless vitamin

and mineral levels are in conformity with the legally established governing interstate shipments

of enriched flour.
N.D. Cent. Code § 19-01-15 — ND Code / Title 19 / Chapter 19-01 / Section 19-01-15
19-01-15. Agent is punishable for violation of any provision of title
Status: repealed

19-01-15. Agent is punishable for violation of any provision of title

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 19-24.1-17 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-17
19-24.1-17. Compassion centers - Registration certificates nontransferable - Notification of changes
Status: in_force

19-24.1-17. Compassion centers - Registration certificates nontransferable -

Notification of changes.

1. Upon application of a compassion center to the department, a registration certificate of

a compassion center may be amended to authorize a change in the authorized

physical location of the compassion center, or to amend the ownership or

organizational structure of the compassion center with the registration certificate. A

compassion center shall provide the department written notice of any change

described under this section at least sixty calendar days before the proposed effective

date of the change.

2. A registration certificate authorizing the operation of a compassion center is void by a

change in ownership, substantial corporate change, change in location, or

discontinued operation, without prior approval of the department. The department may

adopt rules allowing for certain types of changes in ownership without the need for

prior written approval from the department.

3. The department shall authorize the use of additional structures located within five

hundred feet [152.40 meters] of the location described in the original application,

unless the department makes an affirmative finding the use of additional structures

would jeopardize public health or safety or would result in the cannabis business being

within one thousand feet [304.80 meters] of a property line of a pre-existing public or

private school. The department may waive all or part of the required advance notice to

address emergent or emergency situations.
N.D. Cent. Code § 19-08-07 — ND Code / Title 19 / Chapter 19-08 / Section 19-08-07
19-08-07. Penalty for sale, use, or purchase of bottles when brand recorded
Status: repealed

19-08-07. Penalty for sale, use, or purchase of bottles when brand recorded

Repealed by S.L. 1999, ch. 108, § 16.
N.D. Cent. Code § 19-24.1-26 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-26
19-24.1-26. Compassion centers - Inventory control
Status: in_force

19-24.1-26. Compassion centers - Inventory control

1. A compassion center shall comply with the inventory control requirements provided

under this section and rules adopted under this chapter.

a. A manufacturing facility shall:

(1) Employ a bar coding inventory control system to track batch, strain, and

amounts of marijuana and usable marijuana in inventory and to track

amounts of usable marijuana sold to dispensaries; and

(2) Host a secure computer interface to transfer inventory amounts and

dispensary purchase information to the department.

b. A dispensary shall:

(1) Employ a bar coding inventory control system to track batch, strain, and

amounts of usable marijuana in inventory and to track amounts sold to

registered qualifying patients and registered designated caregivers; and

(2) Host a secure computer interface to transfer inventory amounts and

registered qualifying patient and registered designated caregiver purchase

information to the department.

2. A compassion center shall store the compassion center's marijuana and usable

marijuana in an enclosed locked facility with adequate security, in accordance with

rules adopted under this chapter.

3. A compassion center shall conduct inventories of marijuana and usable marijuana at

the authorized location at the frequency and in the manner provided by rules adopted

under this chapter. If an inventory results in the identification of a discrepancy, the

compassion center shall notify the department immediately and appropriate law

enforcement authorities within seventy-two hours. A compassion center shall

document each inventory conducted by the compassion center.
N.D. Cent. Code § 19-24.1-37 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-37
19-24.1-37. Confidentiality
Status: in_force

19-24.1-37. Confidentiality

1. Except as provided under subsection 2, information kept or maintained by the

department is confidential, including information in a registration application or renewal

and supporting information submitted by a qualifying patient, designated caregiver,

compassion center, proposed compassion center, or compassion center agent,

including information on designated caregivers and health care providers.

2. Information kept or maintained by the department may be disclosed as necessary for:

a. The verification of registration certificates and registry identification cards under

this chapter;

b. Submission of the annual report required by this chapter;

c. Submission to the North Dakota prescription drug monitoring program;

d. Notification of state or local law enforcement of apparent criminal violation;

e. Notification of state and local law enforcement about falsified or fraudulent

information submitted for purposes of obtaining or renewing a registry

identification card;

f. Notification of the North Dakota board of medicine or North Dakota board of

nursing if there is a reason to believe a health care provider provided a written

certification and the department has reason to believe the health care provider

otherwise violated this chapter; or

g. Data for statistical purposes in a manner such that an individual or compassion

center is not identified.

3. Upon a cardholder's written request, the department may confirm the cardholder's

status as a registered qualifying patient or a registered designated caregiver to a third

party, such as a landlord, school, medical professional, or court.

4. Information submitted to a local government to demonstrate compliance with any

security requirements required by local zoning ordinances or regulations is

confidential.

5. Upon written request of a compassion center or a compassion center's designee, the

department shall comply with a request for information to a third party when necessary

for the business operation of a compassion center.
N.D. Cent. Code § 19-24.1-38 — ND Code / Title 19 / Chapter 19-24.1 / Section 19-24.1-38
19-24.1-38. Advisory board
Status: repealed

19-24.1-38. Advisory board

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 19-03.5-06 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-06
19-03.5-06. Data review and referral - Corrections
Status: in_force

19-03.5-06. Data review and referral - Corrections

1. a. The board shall review the information received by the central repository to

determine if there is reason to believe:

(1) A prescriber or dispenser may have engaged in an activity that may be a

basis for disciplinary action by the board or regulatory agency responsible

for the licensing of the prescriber or dispenser; or

(2) A patient may have misused, abused, or diverted a controlled substance.

b. If the board determines that there is reason to believe that any of the acts

described in subdivision a may have occurred, the board may notify the

appropriate law enforcement agency or the board or regulatory agency

responsible for the licensing of the prescriber or dispenser. The advisory council

described in section 19-03.5-07 shall recommend guidelines to the board for

reviewing data and making determinations with respect to the referral of patients,

prescribers, or dispensers to law enforcement or appropriate regulatory

authorities.

2. A patient, dispenser, or prescriber may request that erroneous information contained in

the central repository be corrected or deleted. The board shall review the request to

determine if the information is erroneous with respect to the patient, prescriber, or

dispenser. The board shall correct any erroneous information the board discovers due

to the request for review by a patient, prescriber, or dispenser.

3. The board shall adopt a procedure to allow information contained in the central

repository to be shared with officials in other states acting for the purpose of controlled

substance monitoring and for requesting and receiving similar controlled substance

monitoring information from other states.
N.D. Cent. Code § 19-03.5-01 — ND Code / Title 19 / Chapter 19-03.5 / Section 19-03.5-01
19-03.5-01. Definitions
Status: in_force

19-03.5-01. Definitions

1. "Board" means the state board of pharmacy.

2. "Central repository" means a place where electronic data related to the prescribing

and dispensing of controlled substances is collected.

3. "Controlled substance" means a drug, substance, or immediate precursor defined in

section 19-03.1-01 and nonscheduled substances containing gabapentin.

4. "De-identified information" means health information that is not individually identifiable

information because an expert has made that determination under title 45, Code of

Federal Regulations, section 164.514 or direct identifiers and specified demographic

information have been removed in accordance with the requirements of that section.

5. "Dispense" means to deliver a controlled substance to an ultimate user by or pursuant

to the lawful order of a practitioner, including the prescribing, administering, packaging,

labeling, or compounding necessary to prepare the substance for delivery.

6. "Dispenser" means an individual who delivers a controlled substance to the ultimate

user but does not include a licensed hospital pharmacy that provides a controlled

substance for the purpose of inpatient hospital care or a licensed health care

practitioner or other authorized individual in those instances when the practitioner

administers a controlled substance to a patient.

7. "Individually identifiable health information" has the meaning set forth in title 45, Code

of Federal Regulations, section 160.103.

8. "Patient" means an individual or the owner of an animal who is the ultimate user of a

controlled substance for whom a prescription is issued or for whom a controlled

substance is dispensed.

9. "Prescriber" 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.

10. "Program" means the prescription drug monitoring program implemented under this

chapter.
N.D. Cent. Code § 19-22-04 — ND Code / Title 19 / Chapter 19-22 / Section 19-22-04
19-22-04. Approved grades and standards
Status: in_force

19-22-04. Approved grades and standards

Grades must be those established by the United States department of agriculture, the North

Dakota state seed department, or any grade approved by the North Dakota agriculture

commissioner. Culls or pickouts must be labeled as "culls".