North Dakota Marijuana Laws

North Dakota voters recently approved a measure to legalize medical marijuana throughout the state. Marijuana use for personal reasons continues to be illegal in North Dakota, and the state is among the least forgiving states when it comes to marijuana possession

Recreational Marijuana in North Dakota

North Dakota has little leniency for recreational marijuana users. Possession of up to 1 ounce of marijuana is a misdemeanor, punishable by up to 30 days of jail time and a $1,500 fine. Possession of more than 1 ounce to 500 grams is a felony, with possibility of incarceration for up to 5 years and fines of $10,000. Possession of more than 500 grams is a felony, punishable by 10 years in jail and a maximum fine of $20,000.

North Dakota does have a conditional release provision in place, which allows those facing their first conviction to have their criminal record expunged after probation.

Medical Marijuana in North Dakota

After failing to pass a medical marijuana initiative in 2012, North Dakota voters approved Measure 5 with 63.7 percent support in November 2016 to permit the medical use of marijuana for defined conditions. Under the law, with a recommendation from a licensed physician, patients can legally possess up to 3 ounces of marijuana for medical purposes.

The law allows patients to grow marijuana for medicinal purposes if they’re located more than forty miles from the nearest dispensary.

Medical marijuana can be recommended for the following conditions:

Alzheimer’s Disease and other Dementia
Amyotrophic Lateral Sclerosis (ALS)
Crohn’s Disease
Hepatitis C
Post-traumatic Stress Disorder (PTSD)
Spinal Stenosis or Chronic Pain related to Neuropathy or Damage to the Spinal Cord
Conditions that cause Cachexia or Wasting Syndrome, Intractable Nausea, Severe Pain and Seizures

Patients may petition the North Dakota Department of Health to add to the list of qualifying medical conditions.

CBD Hemp Oil in North Dakota

Consumption of CBD hemp oil is federally legal, as CBD hemp oil falls under the same importation and commerce laws as other hemp products. North Dakota has not enacted legislation specifically relating to CBD hemp oil, so it’s legal to purchase and use.

Cultivation of Cannabis in North Dakota

Cultivating cannabis for personal reasons remains illegal, but registered medical marijuana patients that live more than 40 miles away from a dispensary can cultivate marijuana for medicinal purposes only.

North Dakota also passed a law that allows approved individuals to grow industrial hemp in the state for commercial purposes or research. In order to grow industrial hemp in North Dakota, individuals must complete an extensive application process and pay necessary fees.


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