North Dakota Marijuana Laws

North Dakotans have had access to medical cannabis since the 2016 passage of Measure 5. The Medical Marijuana program, run by the North Dakota Department of Health and Human Services, has continued to evolve and expand for medical marijuana patients.

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.

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.

Read on for a better understanding of North Dakota marijuana laws.

How North Dakota’s Marijuana Laws Work

The North Dakota laws covering marijuana can be more than a little confusing. Lawmakers in Bismarck decriminalized the possession of small amounts of marijuana with 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 use or possession of marijuana paraphernalia.

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. Cultivation of hemp with 0.3% THC or less is permitted.

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.

A 2024 ballot initiative put the issue of legalizing recreational marijuana in front of voters, but it failed to pass.

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 Schedule I classification under the federal Controlled Substances Act (CSA). This applies to any offenses committed on federal lands such as national parks, military bases, and federal courthouses.

North Dakota Medical Marijuana Laws

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

Qualifying patients interested in joining North Dakota’s Medical Marijuana Program (MMP) must be suffering from one or more of the following conditions:

• Severe and persistent muscle spasms, including those characteristic of multiple sclerosis (MS)
• Terminal illness
• Post-traumatic stress disorder (PTSD)
• AIDS/HIV
• Tourette’s syndrome
• Intractable nausea
• Agitation of Alzheimer’s disease or related dementia
• Seizures
• Amyotrophic lateral sclerosis (ALS)
• Severe, debilitating pain that has not responded to previously prescribed medication
• Anorexia nervosa
• Spinal stenosis or chronic back pain
• Anxiety disorder
• Migraine
• Autism spectrum disorder
• Fibromyalgia
• Brain injury
• Epilepsy
• Bulimia nervosa
• Cancer
• Rheumatoid arthritis
• Crohn’s disease
• Decompensated cirrhosis caused by Hepatitis C
• Ehlers-Danlos syndrome
• Endometriosis
• Glaucoma
• Interstitial cystitis
• Neuropathy
• Cachexia or wasting syndrome
• Severe debilitating pain that has not responded to previously prescribed medication

The Medical Marijuana Program has added new medical conditions several times. If your ailment isn’t listed, speak with your health care provider or contact the Department of Health.

The first step for getting approval for the MMP is to register for an account online through the BioTrackTHC registration system. You’ll be asked to grant access to your medical information to the MMP. Your physician provides a written certification recommending you for medical marijuana. Once you upload a photo for your ID card and sign off on the attestation statement, a fee of $25 is required. Your card should arrive in two to four weeks.

Medical marijuana patients are broken into three different groups. The most common is the Standard group. The Enhanced classification is for patients suffering from cancer. The Zero group is for patients under 19 years of age.

Medical cannabis patients can make purchases from licensed dispensaries in North Dakota. Patients must present their medical cannabis card and a government-issued photo identification card.

Each group has different limits and types of cannabis available to them, but items such as marijuana edibles and beverages are illegal. Limits for THC-infused products were raised in August 2023.

The Standard group is permitted the following:

• Purchase up to 2.5 ounces of cannabis flower at one time, limited to 3 ounces in a 30-day period
• Purchase of up to 6000 milligrams of THC-infused (tetrahydrocannabinol) concentrates and products, with no limit on how much they possess at any one time

Enhanced patients have somewhat different limits. They can purchase:

• Up to 6 ounces of cannabis flower in a 30-day period
• Up to 6000 milligrams of THC-infused (tetrahydrocannabinol) concentrates and products, with no limit on how much they possess at any one time

Patients under the Zero classification are not permitted to use cannabis flower. Either they or a caregiver can buy up to 6000 milligrams of THC-infused (tetrahydrocannabinol) concentrates and products with THC levels of 6% or less. Caregivers must be at least 21 years of age and holders of a medical marijuana card.

North Dakota does not extend reciprocity to medical marijuana patients from other states. But North Dakota cardholders may be able to purchase medical marijuana in states that allow reciprocity.

North Dakota Marijuana Limits and Penalties

Common sense applies in some instances regarding marijuana laws in North Dakota. For instance, operating a motor vehicle while impaired by cannabis use carries the same penalty as an alcohol-related DUI.

The table below summarizes what you’ve learned about cannabis laws in North Dakota and provides a detailed summary of marijuana offenses.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, it’s best to consult an attorney or conduct independent legal research to verify North Dakota state laws.

Facing Cannabis Charges in North Dakota? Talk to an Attorney

The marijuana laws in North Dakota are difficult to navigate, even with medical marijuana legalization. Given the severe penalties for possession and personal use, making a mistake can ruin your life. If you’re facing cannabis-related charges, consider speaking to an experienced defense attorney familiar with North Dakota laws. They can give you legal advice and protect your rights going forward.