Committee reviews bill to allow medical cannabis edibles; Department of Health proposes clarifying amendments

The Human Services Committee opened a hearing on House Bill 1203, which sponsor Representative Steve Vetter (R–District 18, Grand Forks) described as a bill "that allows medical cannabis to be sold as an edible product for those with medical with a medical card." Vetter said the bill includes safeguards and, if enacted, would create conservative controls on edible products including packaging and restrictions meant to protect minors.

Why it matters: supporters said edibles provide a longer, more consistent dose for some patients and are a healthier option than smokeable products. The Department of Health and Human Services said it is neutral on the policy but proposed edits to clarify defined terms and to avoid creating a new statewide licensing/inspection program for commercial kitchens.

Sponsor testimony described pharmacological concepts used to justify edibles: Vetter gave a bioavailability example (using a 100-milligram example and 15 percent bioavailability) and said edibles can provide longer relief (he said edibles often give six to eight hours of relief versus about one hour for smokeable products). He said edibles can allow for consistent, pre-measured dosing and reduce exposure to smoke-related contaminants.

The Department's Assistant Attorney General Allison Hicks testified that the department is neutral on the policy but submitted amendments to (1) use the defined term "cannabinoid edible product" consistently rather than the broader phrase "edible marijuana product," (2) remove an overlapping "or possess" phrase to avoid conflicting possession limits, and (3) avoid language that would require the department to license and inspect all "commercial kitchens," which would create a new regulatory program not present in current law. Hicks said protection of health and safety for manufacturing can be handled through administrative rules for the medical marijuana unit under existing rulemaking authority in the bill.

Industry testimony included Casey Newman, chief executive officer of Pure Dakota Health, who said his company already has much of the equipment needed to manufacture edibles in a sanitary way and has developed molds for certain products. County Commissioner Steve Bakken testified in support, saying many patients currently make homemade edibles and that premeasured commercial products would improve dosing consistency and safety.

Members asked technical questions about dose and package limits. Committee discussion referenced provisions in the bill that would require 5-milligram doses and suggested packages might be limited (a witness and committee members discussed the possibility of 10 units per package during questioning). The department said labeling, packaging and marketing rules are similar to measures it already enforces for other medical-marijuana products and can be implemented by existing staff with reference to food-and-lodging rules.

The committee closed the hearing on House Bill 1203 with no committee vote recorded.