{"id":375560,"date":"2016-03-31T21:36:18","date_gmt":"2016-04-01T02:36:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-dakota-law\/north-dakota-marijuana-laws.html"},"modified":"2025-10-03T15:57:59","modified_gmt":"2025-10-03T20:57:59","slug":"north-dakota-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-dakota-law\/north-dakota-marijuana-laws.html","title":{"rendered":"North Dakota Marijuana Laws"},"content":{"rendered":"\n
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North Dakota Marijuana Laws<\/h1>\n\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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North Dakota<\/span> marijuana laws<\/span> allow medical <\/span>cannabis<\/span> use for qualifying patients<\/span> but prohibit recreational marijuana<\/span>, with possession of small amounts decriminalized as civil infractions. The state operates a comprehensive medical marijuana<\/span> program<\/span> with patient categories and purchase limits, while non-medical possession of over 14 grams or any ingestion without a medical card remains criminal. Penalties range from civil fines for minor possession to felony charges for sales and trafficking, making legal compliance essential for residents.<\/p>\n\n <\/div>\n\n\n\n

North Dakotans have had access to medical cannabis since the 2016 passage of Measure 5. The\u00a0Medical Marijuana program<\/a>, run by the North Dakota Department of Health and Human Services, has continued to evolve and expand for medical marijuana patients.<\/p>\n

The state of North Dakota does not allow adult-use recreational marijuana, and the possession of any amount of cannabis over 14 grams by a non-patient carries the risk of jail time and fines. Non-medical ingestion of any marijuana is a crime in North Dakota. Ballot measures to legalize marijuana in North Dakota have yet to pass.<\/p>\n

With severe penalties for marijuana offenses, it’s crucial to understand North Dakota cannabis laws and how they affect you. This article will familiarize you with the pertinent statutes of North Dakota law, explain how the medical marijuana program works, and take a look at the ongoing effort to legalize the use of marijuana for all adults.<\/p>\n

Read on for a better understanding of North Dakota marijuana laws.<\/p>\n

How North Dakota’s Marijuana Laws Work<\/h2>\n

The North Dakota laws covering marijuana can be more than a little confusing. Lawmakers in Bismarck\u00a0decriminalized the possession of small amounts of marijuana<\/a>\u00a0with House Bill 1050 (HB 1050) in 2019. If you’re in possession of 0.5 ounces (14 grams) or less of cannabis, you’ll face a civil infraction and a fine of up to $1,000 instead of a misdemeanor. The same penalty applies to the\u00a0use or possession of marijuana paraphernalia<\/a>.<\/p>\n

Any adult recreational-use ingestion of marijuana is a crime in North Dakota. All public consumption of cannabis is illegal as well. No home cultivation of cannabis plants is permitted, even by medical marijuana patients.\u00a0Cultivation of hemp with 0.3% THC<\/a>\u00a0or less is permitted.<\/p>\n

Bills to legalize recreational marijuana have been passed in both the State House and Senate, but none have made it through to become North Dakota law. Most had modest limits when compared to recreational cannabis use in neighboring states like Minnesota and Montana.<\/p>\n

A 2024 ballot initiative<\/a>\u00a0put the issue of legalizing recreational marijuana in front of voters, but it failed to pass.<\/p>\n

While North Dakota has decriminalized the possession of a small amount of cannabis, the same can’t be said of the federal government. Cannabis still carries a\u00a0Schedule I classification<\/a>\u00a0under the federal\u00a0Controlled Substances Act (CSA)<\/a>. This applies to any offenses committed on federal lands such as national parks, military bases, and federal courthouses.<\/p>\n

North Dakota Medical Marijuana Laws<\/h2>\n

In 2016, North Dakota voters said yes to Measure 5, which led to Senate Bill 2344 (SB 2344) and\u00a0the North Dakota Compassionate Care Act<\/a>. This authorized the use of medical marijuana in the state and set the framework for its administration.<\/p>\n

Qualifying patients interested in joining North Dakota’s Medical Marijuana Program (MMP) must be\u00a0suffering from one or more of the following conditions<\/a>:<\/p>\n