North Dakota Code 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.
Terms Used In North Dakota Code 19-24.1-04
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
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.