North Dakota Marijuana Laws

It’s illegal for adults to consume cannabis in North Dakota, but qualified patients are protected under the Compassionate Care Act. Those with a valid medical marijuana ID card can possess up to three grams of flower in a 30-day period. North Dakota recently reduced marijuana penalties for all, reclassifying possession of up to 14 grams of cannabis to a criminal infraction with no jail time.

North Dakota marijuana laws
Latest news
Call Attorney

LATEST NEWS

ALL NORTH DAKOTA NEWS

LATEST NEWS

Latest News

ALL NORTH DAKOTA NEWS

LAW BREAKDOWN

LAW BREAKDOWNS

Cannabis is illegal in North Dakota, unless used specifically for medical purposes. Possession of small amounts for personal use has been decriminalized.

Possession

Simple possession of less than half an ounce of marijuana has been decriminalized in North Dakota, and is a criminal infraction punishable by no more than a $1,000 fine on a first offense. On a subsequent offense within the same calendar year, the potential penalty is 30 days in jail and a fine of $1,500.

Possessing any more than half an ounce is a misdemeanor. Possessing between half an ounce and 500 grams is punishable by up to 30 days in jail and a $1,500 fine, while possessing any more than this is subject to up to a year in jail and fines of $3,000.

Offense Penalty Incarceration Max. Fine
Less than 1/2 oz Criminal infraction None $ 1,000
1/2 oz to 500 g Misdemeanor 30 days $ 1,500
More than 500 g Misdemeanor 1 year $ 3,000

Scroll to see the rest of the table.

Sale

Any sale or other distribution of marijuana is a felony in North Dakota, subject to between 3 and 10 years in prison, and a possible $20,000 in fines. Penalties also max out at 10 years and $20,000 when a minor is used in the distributing process.

Sale within 1,000 feet of a school carries increased incarceration; a maximum of 20 years in prison and $20,000 in fines.

Offense Penalty Incarceration Max. Fine
Any amount Felony 3 – 10 years $ 20,000
Using a minor Felony 10 years $ 20,000
Any amount within 1000 feet of a school Felony 20 years $ 20,000

Scroll to see the rest of the table.

Cultivation

Growing marijuana is treated the same as possessing it. The same weight limits and penalties apply.

Offense
See Possession section for penalty details.

Scroll to see the rest of the table.

Hash and Concentrates

Special rules apply to hashish and other marijuana concentrates. Using any amount of concentrate is a misdemeanor with a maximum penalty of 1 year in jail and $3,000 in fines, making North Dakota one of the few states to criminalize actual cannabis use.

Possession of any amount of concentrate is a felony, also punishable by up to 1 year in jail and $3,000 in potential fines. Manufacture and delivery is also a felony and carries a top penalty of 10 years in prison and fines of $20,000.

Offense Penalty Incarceration Max. Fine
Ingesting Misdemeanor 1 year $ 3,000
Possession Felony 1 years $ 3,000
Manufacture or delivery Felony 10 years $ 20,000

Scroll to see the rest of the table.

Paraphernalia

Cannabis paraphernalia is prohibited in North Dakota unless intended, marketed, and designed strictly for legal use. Paraphernalia includes any items intended for use with the cultivation, harvesting, processing, manufacture, storing, testing, analysis, inhaling, ingest or otherwise introducing of marijuana to the body.

Possession for personal use is a criminal infraction and comes with a maximum fine of $1,000.

Manufacture or delivery is a misdemeanor punishable by up to 1 year in jail and a fine of $3,000.

Sale or delivery of paraphernalia to a minor, however, is a felony with a maximum term of 5 years in prison and a top fine of $10,000.

Offense Penalty Incarceration Max. Fine
Possession for personal use Criminal infraction None $ 1,000
Manufacture, delivery or advertisement Misdemeanor 1 year $ 3,000
To a minor Felony 5 years $ 10,000

Scroll to see the rest of the table.

Miscellaneous

A mandatory drug addiction evaluation is imposed following any marijuana-related conviction in North Dakota.

Offense
Any conviction requires the offender to undergo a drug addiction evaluation.
Juveniles may have their driver’s license suspended for up to 6 months.

Medical Marijuana

MEDICAL MARIJUANA

North Dakota signed a medical marijuana bill into law in 2016, although the program is not yet operational.

QUALIFYING CONDITIONS:

  • Agitation from Alzheimer’s disease or related dementia
  • Amyotrophic lateral sclerosis (ALS)
  • Anorexia nervosa
  • Anxiety disorder
  • Autism spectrum disorder
  • Brain injury
  • Bulimia nervosa
  • Cachexia or Wasting syndrome
  • Cancer
  • Chronic or debilitating disease
  • Crohn’s disease
  • Ehlers-Danlos syndrome
  • Endometriosis
  • Epilepsy
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Interstitial cystitis
  • Intractable nausea
  • Neuropathy
  • Migraine
  • Multiple sclerosis
  • Post-traumatic stress disorder (PTSD)
  • Rheumatoid arthritis
  • Seizures
  • Severe and persistent muscle spasms
  • Severe debilitating pain
  • Spinal stenosis
  • Tourette syndrome

PATIENT POSSESSION LIMITS:
Qualifying patients can legally possess three ounces of herbal cannabis.

HOME CULTIVATION:
No

STATE-LICENSED DISPENSARIES:
Yes. No more than two cultivators and eight dispensaries (not yet operational).

Marijuana Attorney Directory

North Dakota Marijuana Attorneys

The following North Dakota lawyers are actively involved in the practice of cannabis law:

Reserved for attorney contributors