North Dakota Marijuana Laws
North Dakota State Information Page
- Medical Program only
- Decriminalized statewide for minor possession
- Medical patients with a medical marijuana card can possess up to three ounces and are allowed to possess cannabis transdermal patches, solutions, and topicals.
- Recreational possession is illegal.
- Cultivation is recreationally illegal; home cultivation was initially approved, but that has been updated to ban home growing by patients.
Medical marijuana is legal in North Dakota and the medical cannabis program has been established since 2016; however, it didn’t become available to patients until 2019, and recreational cannabis has not caught up.
The state has made efforts to legalize marijuana and decriminalize the possession of small amounts of cannabis. There are initiatives to allow North Dakota residents to vote for recreational legalization on the 2022 ballots.
State Laws and Offenses
Here’s a list of penalties for North Dakota’s possession, sale, and distribution of marijuana, concentrate, or paraphernalia.
- Marijuana is a Schedule I substance in the state of North Dakota
- Federally, cannabis is still considered a Schedule I Controlled Substance
- Possession of 1/2 ounce or less of marijuana is a criminal infraction punishable by a fine of up to 1000 USD.
- The sale of any amount of marijuana is a class B felony punishable by up to 10 years of jail time and a fine of up to 20,000 USD.
- Cultivation in North Dakota will be punished based upon the aggregate weight of the plants found.
- Possession of paraphernalia for personal use is a criminal infraction punishable by a maximum fine of up to 1000 USD.
The following is a list of the most common medical conditions that qualify for a medical card in North Dakota:
- Alzheimer’s disease or related dementia
- Amyotrophic lateral sclerosis (Lou Gehrig’s disease or related dementia)
- Anorexia nervosa
- Anxiety disorder
- Autism spectrum disorder
- Brain injury
- Bulimia nervosa
- Cachexia or Wasting syndrome
- Cancer
- A chronic or debilitating disease
- Crohn’s disease
- Ehlers-Danlos syndrome
- Endometriosis
- Epilepsy
- Fibromyalgia
- Glaucoma
- Hepatitis C
- HIV/AIDS
- Interstitial cystitis
- Neuropathy
- Migraine
- Multiple sclerosis
- Post-traumatic stress disorder
- Rheumatoid arthritis
- Intractable nausea
- Seizures
- Severe debilitating pain
- Severe and persistent muscle spasms
- Liver disease (decompensated cirrhosis)
- Severe debilitating pain with effects severe that haven’t responded to medications or surgical measures for more than three months
- Spinal stenosis
- Tourette syndrome
- Medical conditions with serious side effects, recommended by a licensed Physician where conventional treatment or other treatment options produced no results for registered patients.
1.
Book An Appointment
You will schedule an appointment to see a medical marijuana doctor in North Dakota at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.
2.
Evaluation
Consult with a doctor for a quick evaluation of your ailments, and ask any questions you may have about medical marijuana treatment.
3.
Approval
Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of North Dakota to complete the registration process.
4.
Complete Registration
The doctor will receive your application from the state and approve you online
When does my North Dakota medical card expire?
Your medical card expires one year from when the doctor completes this registration. This is generally within 24 hours after the evaluation appointment.
North Dakota marijuana DUI laws
The penalties for driving under the influence in North Dakota are as follows:
- First offense: misdemeanor; a minimum fine of 500 USD and an order for addiction evaluation by an appropriate licensed addiction treatment program
- Second offense: class B misdemeanor; ten days of jail time (with at least 48 hours served consecutively); a fine of 1,500 USD; an order for addiction evaluation; and participation in a “twenty-four seven sobriety program” for a year as a condition of probation.
- Third offense: misdemeanor punishable at least 120 days imprisonment; a fine of at least 2,000 USD; an order for addiction evaluation; at least one year of probation; participation in a “twenty-four seven sobriety program” for a year as a condition of probation.
North Dakota marijuana growing laws
North Dakota does not permit home cultivation for medical marijuana patients at this time. The state has licensed two growers and eight dispensaries.
North Dakota public consumption laws
The state of North Dakota does not have public consumption laws in place for cannabis.
However, it is not allowed to use any substance in federal buildings, near schools or churches, or on public transportation.
North Dakota city specific laws
The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.
According to recent cannabis news, 64 percent of North Dakota voters supported the legalization of marijuana for medical use.
Marijuana is currently not legal for recreational use in the state of North Dakota. Due to the medical program that has been established, it will be permitted for medicinal purposes only. Those who have registered with the state’s Department of Health will be allowed possession.
No, edible cannabis products are illegal and are not available in licensed dispensaries in North Dakota.
No. North Dakota licenses two growers and eight dispensaries, but home growing is not allowed. North Dakota’s initial law in 2016 initially permitted home cultivation, but the Legislature removed that provision.
Yes. Applications for qualifying patients or their designated caregivers will be completed and submitted online via the BioTrackTHC system.
General information data fields that must be completed include:
- Applicant name
- Date of birth
- Address
- Phone number
- Email address
In addition, patients will be required to complete the following application process:
- An uploaded photo
- An uploaded copy of the front of the applicant’s ND state-issued driver’s license
- or ND state-issued non-driver identification card.
- A certified physician’s recommendation for a patient’s debilitating medical condition
- Name of the health care provider who will be completing the written certification
- Email address of certified physician who will be completing the written certification
Cannabis Policy Reform Timeline
1933: North Dakota banned cannabis due to the federal prohibition
2015: House Bill 1430 to establish a medical marijuana program was voted down by the Committee
2016: Voters approved Measure 5 to legalize marijuana for medicinal use
2017: Measure 5 was passed by the House committee and other state legislature
2018: North Dakota Department of Health opens applications for qualified patients
2019: Medical marijuana becomes available; Governor Burgum signed HB 1050 to decriminalize minor possession
2020: A recreational legalization initiative fell short on signatures to get it to the ballot
2022: Various organizations are pushing forward a ballot initiative for voters to decide on adult use in the 2022 election period
Learn more about Cannabis legalization in North Dakota:
Updated 6.14.2022