Legislators set medical marijuana limits in new bill

Published: Jan. 8, 2019 at 12:50 PM CST
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Voters approved medical marijuana in 2016. At the end of 2018, patients were still waiting for product. Now some legislators have drafted a bill setting limits on how much usable marijuana a patient or caregiver may have.

Under the proposed law, self-grow would be allowed, but limited. Overall, a patient would be able to have no more than 3 ounces and nine live plants.

They would be able to mix and match between self-grow and buying from an authorized dispensary.

Here are some other key provisions of the bill:

- Max purchase in a 30-day period: 2.5 ounces (70.87 grams)

- Illnesses considered: See list on page three of attached bill draft

- Personal cultivation restrictions: this is the final chapter of the bill

Cardholders - Personal cultivation.

1. A registered qualifying patient may not cultivate a plant of the genus cannabis unless

the patient:

a. Cultivates the plant in an enclosed, locked facility that is not within one thousand

feet [604.80 meters] of a property line of a pre-existing public or private school;


b. Before cultivation, provides local law enforcement a department-approved notice

of intent to cultivate a plant of the genus cannabis.

2. A registered designated caregiver may not cultivate a plant of the genus cannabis for

use by another registered qualifying patient.

Jason Wahl with the Division of Medical Marijuana said in an email “In regards to SB 2134, I was not contacted about this bill and I’m not aware of contact with the Department of Health regarding the bill prior to it being filed. It is not unusual for a bill to be introduced without contacting the agency. Legislators may have changes they believe would be beneficial for the Medical Marijuana Program.

Our CFO was emailed on Saturday about the bill and a request was made to provide a fiscal note. I’m currently working on the fiscal note.”

The bill will be referred to the senate judiciary committee. Chairwoman Diane Larson, R-Bismarck, says a hearing for the bill is scheduled for early next week depending on what other bills come forward.