N.D. Admin. Code 33-44-01-15

Current through Supplement No. 394, October, 2024

Section 33-44-01-15 - Medical marijuana waste disposal

1. All medical marijuana waste generated during production, processing, and testing, must be stored, managed, and disposed of in accordance with these rules.

2. All medical marijuana waste generated during production, processing, and testing must be evaluated against the state's hazardous waste regulations to determine if the medical marijuana waste is designated as hazardous waste. It is the responsibility of each medical marijuana waste generator to properly evaluate their medical marijuana waste to determine if it is designated as hazardous waste. If a generator's medical marijuana waste is designated as hazardous waste, the medical marijuana waste is subject to the hazardous waste management standards in North Dakota Century Code chapter 23-20.3.

3. Medical marijuana waste not designated as hazardous waste must be rendered unusable in accordance with subsection 4 prior to disposal. Medical marijuana waste rendered unusable must be disposed of in accordance with subsection 5.

4. The required method for rendering medical marijuana waste unusable is by grinding the medical marijuana waste and incorporating it with other ground materials so the volume of the resulting mixture is less than fifty percent medical marijuana waste. All other methods for rendering medical marijuana waste unusable must be approved by the department before implementation. Medical marijuana waste to be disposed in a landfill may be mixed with soil or other material as approved by the department.

5. Medical marijuana waste rendered unusable in accordance with subsection 4 can be disposed.

a. Disposal of the medical marijuana waste rendered unusable may be delivered to a permitted and state-approved solid waste facility for final disposition.

b. A compassion center or laboratory shall maintain a record of the final destination of medical marijuana waste rendered unusable. The record shall be maintained for a period of seven years.

N.D. Admin Code 33-44-01-15

Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.

General Authority: NDCC 19-24.1-16, 19-24.1-23

Law Implemented: NDCC 19-24.1-16, 19-24.1-23