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Medical marijuana law raises concerns for ND Health Dept.

BISMARCK, ND (KFGO) - The North Dakota Department of Health is scrambling to solve a number of legal issues in connection with the state's newly-approved medical marijuana law.

Voters recently approved a measure that allows patients to use marijuana with a qualifying medical condition. But North Dakota Deputy State Health Officer Arvy Smith says there are problems with the measure's language that need to be fixed.

“There are many, many holes, lack of clarity, some that appear to be inaccuracies in the measure that we need clarification on” Smith said. “We may only be able to get some of that clarification through a legislative session.”

Smith said North Dakota residents may be surprised to learn that medical marijuana distributors will not require medical training and patients will not need a doctor’s prescription to obtain the drug.

“The physician is not prescribing an amount of marijuana” according to Smith. “The designated caregiver, or the employee at the compassion center, whose only qualification is that they pass a federal and state criminal background check -- they are the ones who are recommending the amount and type to the qualifying patient.”

Smith also said that a number of Health Dept. employees are not comfortable with their roles in distributing the drug. “It seems rather bizarre that I’ve spent my life trying to live the ‘straight and narrow’ when suddenly, as an employee of the department of health, and a manager, it’s suddenly my responsibility to teach the public how to buy and sell marijuana.”

Smith says the number of people interested in becoming medical marijuana distributors is growing rapidly - with about 40 new inquiries each day. She says when the program gets going, about 16,000 patients are expected to participate.

Smith says because of the new law, the health department plans to create 32 fulltime equivalent jobs, which is nearly 10 percent of its workforce.  


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