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Medical marijuana growers 'not presumed' subject to ND anti-corporate farming law, AG says

BISMARCK — Entities applying to become medical marijuana growing facilities are "not presumed" to be subject to North Dakota's anti-corporate farming law, Attorney General Wayne Stenehjem said in an opinion Tuesday, April 3.

Although the Legislature did not exempt marijuana from the definition of "farming or ranching," in the state law that largely prohibits corporations and limited liability companies from farming or ranching, Stenehjem said there is "nothing in the medical marijuana law that requires a compassion center to be located on farmland or ranchland."

Still, Stenehjem said the law may apply if a corporation or LLC owns or leases farmland or ranchland, so those organizations should be "cognizant of its land ownership."

The attorney general's opinion was requested by State Health Officer Mylynn Tufte. Her department is implementing the state's new medical marijuana program after legislators rewrote the law voters approved in 2016.

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