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HB 1420 - Authorizes the Legalization of Cannabis - North Dakota Key Vote

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Title: Authorizes the Legalization of Cannabis

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the legalization of the possession and sale of cannabis

Highlights:

  • Establishes it is unlawful for a person to willfully, manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance, or to deliver, distribute, or dispense a controlled substance by means of the internet, but a person who violates this law may not be prosecuted under this subsection. A person who violates this subsection with respect to (Sec. 5-1):

    • A controlled substance classified in schedule I or II which is a narcotic drug, or methamphetamine, is guilty of a class B felony;

    • Any other controlled substance classified in schedule I, II, or III, or a controlled substance analog is guilty of a class B felony;

    • A substance classified in schedule IV, is guilty of a class C felony; and

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

  • Specifies It is unlawful for a person to willfully to the following (Sec. 5-6):

    • Serve as an agent, intermediary, or other entity that causes the internet to be used to bring together a buyer and seller to engage in the delivery, distribution, or dispensing of a controlled substance in a manner not authorized by this chapter; or

    • Offer to fill or refill a prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire.

  • Increases penalties for an offense if the offense was committed during a school sponsored activity or was committed during the hours of 6:00 a.m. to 10:00 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 300 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 21 years of age at the time of the offense, and the offense involved the delivery of a controlled substance to a minor (Sec. 6-1.a).

  • Prohibits a person from using or possessing 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. 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 manufacture, compound, convert, produce, process, prepare, test, or analyze a controlled substance, other than marijuana or tetrahydrocannabinol, classified in schedule I, II, or III (Sec. 9-1).

  • Exempts the following groups of people from infractions from using or possessing marijuana or tetrahydrocannabinol (Sec. 9-4):

    • A registered qualifying patient, registered designated caregiver, compassion center, or compassion center agent; and

    • An adult-use cannabis consumer, adult-use cannabis business, or adult-use cannabis business agent.

  • Classifies "tetrahydrocannabinol" as tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, and synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of the plant, including synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, including (Sec. 11-30):

    • Delta - 1 cis or trans tetrahydrocannabinol, and their optical isomers. Other names: Delta - 9 - tetrahydrocannabinol;

    • Delta - 6 or trans tetrahydrocannabinol, and their optical isomers. Other names: Delta - 8 tetrahydrocannabinol; and

    • Delta - 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.

  • Establishes an adult-use cannabis business registration certificate expires two years after issuance. An adult-use cannabis business may submit a renewal application at any time beginning ninety calendar days before the expiration of the registration certificate. An adult-use cannabis business shall submit a renewal application a minimum of 60 calendar days before the expiration of the registration certificate to avoid suspension of the certificate (Sec. 19-24.2-07-1).

  • Requires a registration certificate authorizing the operation of an adult-use cannabis to include (Sec. 19-24.2-08):

    • The name and address of the adult - use cannabis business;

    • Whether the type of adult - use cannabis business is a manufacturing facility or dispensary;

    • A unique license number issued by the department; and

    • Any other information deemed necessary by the department.

Title: Authorizes the Legalization of Cannabis

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