1.    The department shall establish forms for an application to be registered as a compassion center. For a compassion center registration application to be complete and eligible for review, the applicant shall submit to the department all of the following:

Terms Used In North Dakota Code 19-24.1-14

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    A nonrefundable application fee, not to exceed five thousand dollars, made payable to the “North Dakota Department of Health and Human Services, Medical Marijuana Program”.

b.    The legal name, articles of incorporation or articles of organization, and bylaws or operating agreement of the proposed compassion center applicant.

c.    Evidence of the proposed compassion center applicant’s registration with the secretary of state and certificate of good standing.

d.    The physical address of the proposed location of the proposed compassion center and:

(1) Evidence of approval from local officials as to the proposed compassion center applicant’s compliance with local zoning laws for the physical address to be used by the proposed compassion center; and

(2) Evidence the physical address of the proposed compassion center is not located within one thousand feet [304.80 meters] of a property line of a pre-existing public or private school.

e.    For a manufacturing facility applicant, a description of the enclosed, locked facility that would be used in the production and processing of marijuana, including steps that will be taken to ensure the production and processing is not visible from the street or other public areas.

f.    The name, address, and date of birth of each principal officer and board member, or of each member-manager, manager, or governor, of the proposed compassion center applicant and verification each officer and board member, or each member-manager, manager, or governor, has consented to a criminal history record check conducted under section 12-60-24.

g.    For each of the proposed compassion center applicant’s principal officers and board members, or for each of the proposed compassion center applicant’s member-managers, managers, or governors, a description of that individual‘s relevant experience, including training or professional licensing related to medicine, pharmaceuticals, natural treatments, botany, food science, food safety, production, processing, and the individual’s experience running a business entity.

    h.    A description of proposed security and safety measures, which demonstrate compliance with the security and safety requirements under section 19-24.1-25.

i.    An example of the design and security features of usable marijuana containers which demonstrates compliance with section 19-24.1-21.

j.    A complete operations manual, which demonstrates compliance with section 19-24.1-27.

k.    A description of the plans for making usable marijuana available on an affordable basis to registered qualifying patients with limited financial resources.

l.    A list of all individuals and business entities having direct or indirect authority over the management or policies of the proposed compassion center applicant.

m.    A list of all individuals and business entities having an ownership interest in the proposed compassion center applicant, whether direct or indirect, and whether the interest is in profits, land, or building, including owners of any business entity that owns all or part of the land or building.

n.    The identity of any creditor holding a security interest in the proposed compassion center premises.

2.    The department is not required to review an application submitted under this section unless the department determines the application is complete. The criteria considered by the department in reviewing an application must include:

a.    The suitability of the proposed compassion center location, including compliance with any local zoning laws, and the geographic convenience to access compassion centers for registered qualifying patients and registered designated caregivers from throughout the state; b.    The character and relevant experience of the principal officers and board members, or of the member-managers, managers, or governors, including training or professional licensing and business experience; c.    The applicant’s plan for operations and services, including staffing and training plans, whether the applicant has sufficient capital to operate, and the applicant’s ability to provide an adequate supply of usable marijuana to registered qualifying patients and registered designated caregivers; d.    The sufficiency of the applicant’s plans for recordkeeping; e.    The sufficiency of the applicant’s plans for safety, security, and the prevention of diversion, including the proposed location and security devices employed; f.    The applicant’s plan for making usable marijuana available on an affordable basis to registered qualifying patients with limited financial resources; g.    The applicant’s plan for safe and accurate packaging and labeling of usable marijuana; and

h.    The applicant’s plans for testing usable marijuana and marijuana.

3.    Following completion of the review under subsection 2, the department shall select the applicants eligible for registration under section 19-24.1-15.