33-44-01-34. Law enforcement reportable incidents.

1. Law enforcement shall notify the department within five business days, using a form developed by the department, if an individual who is not a registered cardholder is found in possession of usable marijuana dispensed pursuant to North Dakota Century Code chapter 19-24.1 or if a registered qualifying patient or a registered designated caregiver is found in possession of an amount greater than the allowable amount of usable marijuana in accordance with state law. Unlawful possession of usable marijuana includes: a. Possession of usable marijuana by anyone other than a registered cardholder. b. Possession of usable marijuana by a registered qualifying patient or registered designated caregiver not in possession of a valid registration card. c. Possession of usable marijuana by a registered cardholder if the registration card is no longer valid due to suspension, revocation, or expiration.

2. Law enforcement shall secure all confiscated usable marijuana in accordance with adopted evidence policies and procedures.

History: Effective April 1, 2018.