outline of the state of North Dakota with a cannabis leaf

Only medical marijuana is legal in North Dakota with medical having been legalized in 2016. Adult recreational marijuana remains illegal in North Dakota. Read on to learn more about North Dakota's current marijuana laws and where you can find a marijuana dispensary in North Dakota.

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What you need to know about Marijuana Laws in North Dakota

  • Medical marijuana is legal in the state of North Dakota for adults with a qualifying condition who are registered on North Dakota’s Medical Marijuana patient website
  • North Dakota is home to XX medical marijuana dispensaries located across the state
  • Recreational marijuana is illegal in North Dakota
  • Possessing up to 14 grams of marijuana in North Dakota is decriminalized but offenders may still have to pay up to $1,000 in fines
  • Growing marijuana in the state of North Dakota is illegal unless you are a registered medical marijuana patient who lives at least 40 miles from the closest marijuana dispensary

North Dakota Medical Marijuana Laws

In 2016, North Dakota legalized the use of medical marijuana for qualified patients if recommended by a physician. Qualifying patients must suffer from a debilitating medical condition diagnosed by their physician. Physicians are required to submit a written diagnosis and recommendation for patients during the application process. Qualifying conditions include glaucoma, intractable nausea, a terminal illness, epilepsy, cancer, HIV/AIDS, PTSD, among others.

Medical marijuana patients are prohibited from growing their own marijuana for treatment in North Dakota unless they live over 40 miles from a marijuana dispensary. Patients over 40 miles from a dispensary may grow up to eight plants in a locked facility. The cultivation site must also be at least 1,000 feet from a school. Medical marijuana patients are legally allowed to purchase up 2.5 ounces of flower per visit and up to 4,000 mgs of THC for all other products. Edibles are not legal for medical patients or anyone else in the state.

How to get approved for medical marijuana in North Dakota

After meeting with your physician and being diagnosed with a qualifying condition, residents of North Dakota may begin the online application process for their medical marijuana card. Patients will need to include contact information for their physician so the applicants diagnosis can be certified prior to approval. Application registration fees are $50.

Medical marijuana cards must be renewed annually.

If you are traveling to North Dakota and possess an out-of-state medical marijuana card, you are not allowed to purchase marijuana from a medical dispensary. There are no medical marijuana reciprocity laws for out-of-state patients.

Recreational Marijuana Legislation in North Dakota

Recreational referendums have been proposed over the past few years. In 2018 a referendum to legalize recreational marijuana made the ballot but was rejected by voters. A referendum stalled in 2020 due to the COVID-19 pandemic as the minimum number of signatures was not met to get the referendum on the ballot. In 2021, members of the House put together a bill that would legalize possessing up to one ounce of marijuana for personal use while prohibiting home cultivation. The bill was rejected when it reached the Senate. Recreational efforts continue today and it is expected a new referendum will be proposed by citizens in 2022.

Marijuana Fines and Penalties in North Dakota

Possession up to 14 grams: A misdemeanor offense punishable by a $1,000 fine.

Possession between 14-500 grams: A misdemeanor offense punishable by up to 30 days in jail and a $1,500 fine.

Possession over 500 grams: A misdemeanor punishable with up to a year in jail along with a fine of $3,000.

Sale of any amount of marijuana in North Dakota is a felony offense punishable by up to 20 years in jail and a $20,000 fine.


Additional Marijuana Laws to be Aware of in North Dakota

  • Driving under the influence of marijuana is illegal in the state of North Dakota and drivers may be asked to submit to a chemical test if expected of driving while impaired
  • The use of marijuana in public places is prohibited even for medical marijuana patients
  • Medical marijuana patients who live over 40 miles from a dispensary must keep plants in a locked facility
  • Police are not allowed to arrest citizens who are high in public if they are not breaking any other laws
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