AN ACT to create and enact a new section to chapter 19-24.1 of the North Dakota Century Code, relating to qualifying nonresident medical marijuana patients; to amend and reenact subsection 3 of section 19-24.1-01, subsection 4 of section 19-24.1-01, subsection 8 of section 19-24.1-01, subsection 26 of section 19-24.1-01, subsection 47 of section 19-24.1-01, and sections 19-24.1-03, 19-24.1-11, and 19-24.1-37 of the North Dakota Century Code, relating to allowable amounts of usable medical marijuana, medical marijuana recordkeeping, cannabinoid edible products, patient qualifications, and disclosure of information.
SB 2294 revises North Dakota’s medical marijuana program in several ways. It changes definitions and limits for usable marijuana and cannabinoid products, including purchase and possession caps for dried cannabis, THC limits for concentrates and edible products, and a new definition for cannabinoid edible products as lozenges in a square shape with specified THC limits. The bill also updates the standards for a bona fide provider-patient relationship, requiring a real treatment relationship, review of medical records, an in-person evaluation, ongoing care, and follow-up, rather than certification solely for marijuana access.
The bill also modifies the patient registration process. It increases the application fee cap for a two-year registry card, updates the information required in written certifications and applications, and changes registry identification cards to generally be valid for two years instead of one. It creates a new pathway for nonresident medical marijuana patients who hold a valid out-of-state medical marijuana card and matching out-of-state identification to obtain a temporary North Dakota registry card valid for 60 days. In addition, the bill expands confidentiality and disclosure rules for registry information and allows limited verification disclosures to third parties when requested by the cardholder or needed for compassion center operations.
SB 2294 amends multiple sections of Chapter 19-24.1 of the North Dakota Century Code governing medical marijuana. It affects qualifying patients, designated caregivers, health care providers, the Department of Health, and compassion centers by changing product definitions, possession limits, registration requirements, card duration, confidentiality rules, and the treatment of nonresident patients. The bill also adds a new statutory section authorizing temporary recognition of out-of-state medical marijuana cards for nonresidents.
The bill appears to have received generally favorable but not unanimous support. It passed both chambers with comfortable majorities, including 34-13 in the Senate and 72-21 in the House on final votes, suggesting broad acceptance of the overall framework. At the same time, the repeated nontrivial minority opposition indicates that some lawmakers remained concerned about the scope of the changes, especially those expanding access or altering the medical marijuana program’s administration.
The main points of contention likely centered on the balance between access and regulation. Supporters appear to have favored clearer product rules, longer card validity, and a mechanism for nonresident patients, while opponents may have objected to expanding the program, recognizing out-of-state cards, or loosening practical access to medical marijuana. The bill’s detailed THC limits, edible-product restrictions, and stricter bona fide provider-patient relationship language suggest an effort to address concerns about misuse and ensure medical legitimacy, which may have been important to more cautious legislators.