Weed in North Dakota: Cannabis Legal Status Guide
- 1. North dakota decriminalized weed in 2019
- 1. a. Driving under the influence laws in north dakota
- 2. Medical marijuana in north dakota
- 2. a. What are the qualifying conditions?
- 2. b. Does north dakota have dispensaries?
- 2. c. Do you need a medical card to buy marijuana?
- 2. d. Can a patient grow marijuana in north dakota?
- 2. e. Do patients get protection in case of workplace drug testing?
- 2. f. Can a patient buy firearms?
- 2. g. Can anyone buy cbd in north dakota?
- 3. The ongoing efforts of recreational legalization
- 4. Final thoughts
The history of cannabis legalization in North Dakota goes back many years, but so far, the state has only allowed medical use of the substance, while all attempts to legalize recreational use have failed. The possession of small amounts of weed and concentrates, such as hash, is decriminalized, meaning that the offender will only pay a fine but won’t face incarceration nor have a permanent criminal record. Read on to know more about what is legal and what isn’t when it comes to consuming cannabis in North Dakota.
North Dakota Decriminalized Weed in 2019
Starting from 2019, when the new House Bill 1050 was signed into law, persons caught with 0.5 ounces (14 grams) of cannabis or less no longer face misdemeanor charges. Instead of incarceration, they only have to pay a hefty fine. The same goes for small amounts of hash or other concentrates. The same bill also reduced the penalties for larger-scale marijuana offenses.
However, consumption of marijuana in any form remains illegal. Those caught smoking it or ingesting it in any other way in public will be incarcerated in addition to paying a fine. The possession and use of marijuana smoking paraphernalia, such as pipes or even roach clips, also remains a criminal offense in North Dakota, while cannabis growing equipment is considered marijuana production paraphernalia and leads to even more serious consequences.
In the table below, we list some low-level marijuana offenses and penalties according to the current ND cannabis laws.
| Offenses and Limits | Incarceration | Maximum Fine |
|---|---|---|
| Public Use | ||
| Any amount | 30 days | $ 1,500 |
| Possession of Dry Flowers | ||
| Less than 1/2 oz | None | $ 1,000 |
| 1/2 oz - 500 g (17.64 oz) | 30 days | $ 1,500 |
| 500+ grams | 360 days | $ 3,000 |
| Possession of Hash/Concentrates | ||
| Less than 2 grams | None | $ 1,000 |
| 2-6 grams | 30 days | $ 1,500 |
| 6+ grams | 360 days | $ 3,000 |
| Possession of Paraphernalia | ||
| To Ingest Marijuana | None | $ 1,000 |
| To Grow or Process Marijuana | 360 days | $ 3,000 |
| Cultivation | ||
| Treated the same as possession based on the weight of dried plants | ||
| Sale | ||
| Any amount | 5 years | $ 10,000 |
Driving Under the Influence Laws in North Dakota
It’s illegal to drive while high on marijuana in North Dakota, and no exemptions are made for medical patients either. Random stops are prohibited, so you won’t get pulled over unless there’s something wrong with your car or the way you’re driving. However, the road police in North Dakota have a right to establish sobriety checkpoints. The good news is that they must be stationary and clearly marked, so you’ll have enough time to see them from afar and turn another way.
However, if the police do stop you and have a reason to suspect you’re under the influence of cannabis, such as red eyes, confusion, lack of coordination, etc., they may demand that you undergo a chemical test, which you can’t refuse.
So, if you end up being charged with DUI, the penalties are as follows:
- 1st time – driver's license suspension: up to 180 days; a fine: up to $ 750,
- 2nd time in 7 years – jail time: up to 2 days; driver's license suspension: up to 2 years; a fine: up to $ 1,500,
- 3d time in 7 years – jail time: up to 1 year; driver's license suspension: up to 3 years.
Also, bear in mind that juveniles charged with any marijuana-related offense, even if it had nothing to do with driving a vehicle, may get their license suspended for a period of up to 6 months.
Medical Marijuana in North Dakota
Medical marijuana was legalized in North Dakota on the second attempt – in 2016. It started out by making an exemption from criminal prosecution for legitimate medical users who wished to grow and use cannabis to treat their illnesses or symptoms. However, in 2017, when a system of dispensaries started to take shape in the state, the provision that allowed patients to grow their own supply of medicine was revoked. On the flip side, the same 2017 bill allowed doctors to prescribe smoked forms of marijuana to their patients.
The limit of medical marijuana that a patient can possess is 3 ounces (85 grams) for a 30-day period. Later, this limit was raised to 7 ounces but only for some conditions, such as debilitating cancer. Medical patients can also buy and possess various cannabis-based products with a compound amount of 2,000 mg of THC.
What Are the Qualifying Conditions?
The list of conditions for which a doctor can recommend medical marijuana in North Dakota is quite long and can potentially get even longer, as it’s left to the discretion of a medical professional to prescribe cannabis if they think the condition, though unlisted, is chronic or debilitating.
| Alzheimer’s disease (or related dementia) Amyotrophic lateral sclerosis (ALS) Anorexia nervosa Anxiety disorder Autism spectrum disorder Brain injury Bulimia nervosa Cancer Cachexia Crohn’s disease Ehlers-Danlos syndrome Endometriosis Epilepsy Fibromyalgia Glaucoma |
Hepatitis C HIV/AIDS Interstitial cystitis Intractable nausea Migraine Multiple sclerosis Neuropathy Post-traumatic stress disorder (PTSD) Rheumatoid arthritis Spinal stenosis Severe debilitating pain Severe and persistent muscle spasms Seizures Tourette syndrome* |
| *Please note that this isn't medical advice to self-administer cannabis. However, if you're a resident of North Dakota and have one of the conditions on the list, you may speak with your doctor about trying cannabis treatment. It's up to the medical professional to decide if the use of medical marijuana is warranted for your condition. |
Does North Dakota Have Dispensaries?
Yes, they’re called compassionate centers and licensed by the state. Marijuana dispensaries in North Dakota are the only place where people can legally purchase marijuana, both in its smokable form (leaves and flowers) and in other forms meant for other methods of ingestion or use, such as capsules, tinctures, topicals, oils, etc. What the law prohibits is the manufacture and sale of edibles and marijuana-infused drinks.
Do You Need a Medical Card to Buy Marijuana?
Yes, in addition to a doctor’s certification, the patient must register in the state’s medical marijuana program and obtain a card. The issuance of a card costs $25, and so does its renewal. The patient can also designate a caregiver, who will obtain, deliver, and administer medical marijuana. The caregiver also must register in the system, get a medical marijuana card (free of charge), and pass a background check for criminal records.
Can a Patient Grow Marijuana in North Dakota?
No, the provision that allowed patients to grow cannabis was revoked in 2017. Since then, the only way to legally grow marijuana in North Dakota is to get a license for its production and sale.
Do Patients Get Protection in Case of Workplace Drug Testing?
No. While some other medical marijuana states expressly forbid this form of discrimination against medical marijuana patients, laws in North Dakota allow employers to make their own rules, including the enforcement of zero-tolerance policy. Based on that, if a patient fails a drug test, he or she may be fired despite having a valid medical marijuana card and a legitimate reason for using the substance.
Can a Patient Buy Firearms?
No, being a marijuana user, no matter whether medical or recreational or legal under a state law, automatically forbids the user to purchase firearms under federal laws. The user simply won’t pass an ATF background check.
Can Anyone Buy CBD in North Dakota?
Yes, but the source from which CBD was obtained matters. If it was sourced from hemp, then it’s just another over-the-counter commodity, as hemp and its products are legal under the 2018 US Farm Bill. However, CBD can also be extracted from medical marijuana. In this case, even though the chemical composition of a product may be just the same as those produced from hemp, only the patients registered in the medical marijuana program can legally buy and possess these CBD products.
The Ongoing Efforts of Recreational Legalization
The grassroots campaigns to legalize recreational use for adults 21 years and older began in North Dakota as early as 2018, when the first initiative to that effect was put on the ballots and rejected – with 59% of voters saying no to legal weed. The polls conducted right before the ballot were more optimistic – 46% in favor and 39% against, with 15 percent undecided.
Things went only slightly better for legalization proponents in 2022 – when just under 55% of voters spoke against legalizing marijuana. However, the expectations had been running high – to such an extent that a group of republican legislators proposed their own initiative the same year. Though staunch opponents of recreational cannabis, they wanted to adopt their own bill to prevent a more liberal from happening. However, both initiatives were rejected – one by the Senate, the other one by the popular vote.
There has been at least one more attempt – in 2020 – when the campaigners failed to gather enough signatures, mostly due to the COVID pandemic. In the current political season, there are no initiatives to legalize recreational marijuana in North Dakota, which is probably a wise move considering the wavering public support of this policy change in the state.
Final Thoughts
The existing medical marijuana program in North Dakota is functional and sufficiently comprehensive and inclusive. As for recreational use, only one modest step has been taken in that direction – with a bill decriminalizing very small amounts of cannabis and its products. According to the polls, the state is not quite ready for the legalization of adult use, but that doesn’t prevent activists from trying to win at the ballots time and time again. Let’s wish them luck.
