North Dakota Code 19-24.1-19 – Cardholders – Compassion centers – Revocation
1. The department may suspend or revoke a cardholder’s registry identification card or a compassion center’s registration certificate for a material misstatement by an applicant in an application or renewal.
Terms Used In North Dakota Code 19-24.1-19
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. The department may suspend or revoke a registry identification card or registration certificate for a violation of this chapter or rules adopted under this chapter.
3. If a compassion center agent or a compassion center sells or otherwise transfers marijuana or usable marijuana to a person not authorized to possess marijuana or usable marijuana under this chapter, the department shall revoke the cardholder’s registry identification card or the compassion center’s registration certificate, or both. If the department revokes a cardholder’s registry identification card under this subsection, the cardholder may not reapply for one year from the date of an initial revocation and five years from the date of a second revocation. Upon a third revocation or if the revocation under this subsection involved unauthorized minor transfer, use, or access to usable marijuana or the use of usable marijuana which allowed the smoke or vapor to be inhaled by a minor, the cardholder is disqualified from further participation under this chapter.
4. The department shall provide written notice of suspension or revocation of a registry identification card or registration certificate.
a. A suspension may not be for a period longer than six months.
b. A manufacturing facility may continue to produce and process and to possess marijuana and usable marijuana during a suspension, but may not transfer or sell usable marijuana.
c. A dispensary may continue to possess usable marijuana during a suspension, but may not purchase, dispense, or transfer usable marijuana.
d. The cardholder or the compassion center may appeal a denial or revocation of a registry identification card or registry certificate, within thirty days after notice has been given, to the district court of Burleigh County. The court may authorize the cardholder or compassion center to appear by reliable electronic means.