Is Weed Legal In North Dakota, Yes for Medical Use
On August 1st, 2023 patient purchase limits for concentrates, solutions, topicals, capsules, and transdermal patches increased from 4,000 mg of THC total to 6,000 mg. The 30-day time period for limits remained the same. Effective October 1, 2022, qualifying patient application fees have been reduced from $50 to $25.
Rules and regulations for North Dakota's medical marijuana program:
- Patients must have one of 14 qualifying conditions including cancer, AIDS, epilepsy, glaucoma, and others. A physician or nurse practitioner must certify eligibility.
- Growing marijuana plants is illegal.
- Patients must apply for a medical marijuana identification card through the ND Department of Health. Cards are valid for 1 year.
- There are currently 8 licensed dispensaries operating in the state. Dispensaries sell approved medical marijuana products.
- Allowable forms include dried leaves/flowers, concentrates, tinctures, capsules, topicals, and suppositories. Smokable flower is permitted.
- Edible products are prohibited. Home cultivation is also prohibited under the ND medical marijuana program.
- The maximum concentration of THC in products is 6%. Higher THC concentrates are not allowed.
- Patients are limited to purchasing 2.5 ounces of dried marijuana leaves/flowers in a 30-day period. Possession is capped at 3 ounces.
- Medical marijuana cannot be consumed in public spaces. It can only be used on private property or in a patient's residence.
- Registered patients cannot be discriminated against in areas like employment, education, and organ transplants solely for their marijuana use.
- Driving under the influence of marijuana remains illegal in North Dakota, even for patients. DUIs can still be issued.
- Only licensed, in-state medical marijuana dispensaries can legally provide products to registered patients.
In November 2016, voters in North Dakota passed a ballot initiative, Statutory Measure No. 5, legalizing the use of marijuana for specific medical conditions such as:
- Cancer
- AIDS
- Hepatitis C
- ALS
- Glaucoma and
- Epilepsy.
Under the law, North Dakota residents can use medical marijuana if they obtain identification cards and certificates of registration requiring approval by a physician. Once eligibility is established, patients can obtain up to 3 ounces of usable marijuana and, in some instances, could even grow the marijuana at their residence.
North Dakota Marijuana Laws at a Glance
Additional details about North Dakota's current marijuana laws are listed in the following table. See FindLaw's Drug Charges and Patient Rights sections for more information.
| Code Section |
North Dakota Century Code Section 19-03.1-01, et seq. (Uniform Controlled Substances Act) |
| Possession |
Under 0.5 oz.: Class B misdemeanor (30 days and/or $1,000).
Under 0.5 oz. while operating a motor vehicle: Class A misdemeanor (up to 1 yr. and/or $1,000 -- but may be expunged from record if no further conviction for 2 yrs.).
Under 1 oz.: Class A misdemeanor punished as described above.
More than 1 oz. but less than 500g: Class C Felony (5 yrs. and/or $5,000).
More than 500g: Class B Felony (10 yrs. and/or $10,000). |
| Sale, Cultivation, or Intent to Sell |
Up to 100 lbs.: Class B felony (10 yrs. and/or $10,000)
100 lbs. or more: Class A felony (20 yrs. and/or up to $10,000)
Charges for cultivation are based on possession. |
| Trafficking |
- |
| Medical Marijuana? |
Yes |
| Is Drug Court an Option? |
Yes (see North Dakota Parole and Probation Services) |
| Misc. |
Anyone convicted on a drug charge must submit to a mandatory drug addiction evaluation.
Juveniles can lose their driver's license for up to six months. |
|
