N.D. Admin Code 33-44-01-04 - Cardholder disposal of usable marijuana

1. An individual who is no longer registered with the department or a cardholder who is no longer eligible shall dispose of any usable marijuana in their possession by:

a. Returning it to a dispensary; or

b. Rendering it unusable in accordance with subsection 4 of section 33-44-01-15.

2. Except as provided in this section, an individual who is no longer registered with the department or a cardholder who is no longer eligible may not transfer, share, give, sell, or deliver any usable marijuana in their possession to anyone, regardless of whether the individual possesses a valid registry identification card.

3. An individual who is no longer registered with the department or a cardholder who is no longer eligible may not dispose of usable marijuana in any manner other than as permitted by these rules.

4. After the death of a registered qualifying patient, any usable marijuana that was in the cardholder's possession or in the possession of the registered qualifying patient's registered designated caregiver must be disposed of within fifteen days. The registered qualifying patient's registered designated caregiver or next of kin shall dispose of any usable marijuana by rendering it unusable in accordance with subsection 4 of section 33-44-01-15.

5. After the death of a registered designated caregiver, any usable marijuana that was in the cardholder's possession must be disposed of within fifteen days. The registered designated caregiver's next of kin shall dispose of any usable marijuana by:

a. Allowing the registered qualifying patient for whom it was dispensed to take possession of the usable marijuana; or

b. Rendering it unusable in accordance with subsection 4 of section 33-44-01-15.

Notes

N.D. Admin Code 33-44-01-04

Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

General Authority: NDCC 19-24.1-10

Law Implemented: NDCC 19-24.1-10