What Are The Requirements For Obtaining A License To Operate A Marijuana Retail Dispensary in North Dakota?At this time, North Dakota does not have a legal framework for the sale and distribution of recreational marijuana. Therefore, it is not possible to obtain a license to operate a marijuana retail dispensary in the state.
Are There Limitations On The Number Of Marijuana Retail Dispensary Licenses Issued in North Dakota?Yes, there are limits on the number of marijuana retail dispensary licenses issued in North Dakota. Current legislation limits the number of dispensary licenses to eight per state-approved medical marijuana facility, with a total of no more than thirty-two dispensary licenses throughout the entire state.
What Zoning Restrictions Or Location Requirements Apply To Marijuana Dispensaries in North Dakota?In North Dakota, marijuana dispensaries are required to be located at least 1,000 feet from any school, day care center, public playground, church, public park, or public housing facility. Additionally, dispensaries must be located in a commercially zoned area and must be approved by the local government.
What Types Of Marijuana Products Can Be Sold In Retail Dispensaries in North Dakota?In North Dakota, retail dispensaries can sell a variety of marijuana products, such as: cannabis flower, concentrates, edibles, tinctures, topicals, and vape pens. Each product must meet the state’s stringent testing and labeling requirements.
Are There Specific Labeling And Packaging Requirements For Marijuana Products in North Dakota?Yes, marijuana products in North Dakota must comply with the labeling and packaging requirements set forth in Section 19-24.1-33 of the North Dakota Century Code. The regulations require that all labeled marijuana packages must include the following information:
• The name and address of the licensee or registrant who is responsible for the product;
• The name, form, and strain of the marijuana;
• The package size;
• The total net weight of the package;
• A statement that marijuana has not been tested for safety or potency;
• A statement that marijuana is for medical use only;
• The date when the package was sealed;
• A warning statement that marijuana is a Schedule I controlled substance under federal law; and
• Any additional labeling requirements set forth by the Division of Medical Marijuana.
How Are Marijuana Prices Determined And Regulated in North Dakota?Marijuana prices in North Dakota are determined by the state’s Department of Health. Prices depend on a variety of factors, including strain, quality, and the current market rate. Prices are regulated by the North Dakota Medical Marijuana Program (NDMM) that sets minimum and maximum price limits for medical marijuana. The NDMM also regulates the amount of product that can be sold, as well as where marijuana can be purchased. Additionally, local municipalities may impose additional taxes on marijuana sales.
What Are The Security And Surveillance Requirements For Marijuana Dispensaries in North Dakota?Security and surveillance requirements for marijuana dispensaries in North Dakota are governed by the North Dakota Century Code (NDCC) Chapter 19-24.6. Under this code, marijuana dispensaries must have certain security and surveillance measures in place in order to remain in operation. These requirements include:
1. Establishing and maintaining a secure facility with appropriate lighting, fencing, and surveillance equipment
2. Utilizing video surveillance systems that are monitored 24 hours a day, 7 days a week by a central monitoring station
3. Utilizing a monitored alarm system tied directly to the central monitoring station that must be set off any time an unauthorized person attempts to enter the facility
4. Maintaining a log of all activities and transactions that occur at the dispensary
5. Requiring all employees and visitors to present valid identification or credentials before entering the facility
6. Maintaining accurate records of all products purchased, sold, or transferred
7. Limiting access to certain areas within the facility to only authorized personnel
8. Conducting background checks on all employees
9. Following all applicable rules and regulations issued by the North Dakota Department of Health
Are There Restrictions On Advertising And Marketing Of Marijuana Products in North Dakota?Yes, there are restrictions on advertising and marketing of marijuana products in North Dakota. The state does not allow any advertising of marijuana products. Marijuana businesses are also prohibited from advertising in public or promoting the sale of marijuana products through radio, television, print, digital or any other medium. Further, they are prohibited from providing free samples and distributing promotional items. The state also prohibits the sale of marijuana to anyone under the age of 21 and the use of images or language that targets youth as part of any advertising.
What Is The Minimum Age Requirement For Entering A Marijuana Dispensary in North Dakota?In North Dakota, the minimum age requirement for entering a marijuana dispensary is 21 years old.
Are There Restrictions On The Hours Of Operation For Marijuana Dispensaries in North Dakota?Yes, marijuana dispensaries in North Dakota must adhere to strict operating hours. All dispensaries must close between the hours of 8 PM and 8 AM, and must remain closed on all state and federal holidays. Additionally, all dispensaries must close for a total of seven days during the calendar year, the dates of which are determined by the state.
What Are The Tax Implications For Marijuana Retail Sales in North Dakota?The tax implications for marijuana retail sales in North Dakota depend on what type of marijuana retail sales are being done. Currently, medical marijuana is legal in North Dakota, but recreational marijuana is not.
Medical marijuana sales are subject to a 5% excise tax, and localities may add an additional 2% tax on top of that. The total tax rate cannot exceed 7%.
Additionally, all medical marijuana purchases are subject to the state’s general sales and use tax rate of 5%.
At this time, recreational marijuana sales are not legal in North Dakota. If they were to become legal in the future, it is likely that there would be additional taxes imposed on these sales as well.