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.

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.

Cultivation

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

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.

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.

Miscellaneous

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

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).