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Is Weed Legal In North Dakota? (North Dakota Marijuana Laws)

Is Weed Legal In North Dakota - Weed Laws In North Dakota - Medical Marijuana Laws

Is weed legal in North Dakota?

This article is going to cover:

  • North Dakota weed laws
  • legalization of recreational marijuana
  • medical marijuana legalization
  • House and Senate Bills for North Dakota weed laws
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Is Weed Legal In North Dakota?

Weed is not legal in North Dakota for recreational use.

But weed is legal in North Dakota for medical use.

North Dakota Weed Laws

Let’s look at the different types of North Dakota weed laws. 

OffensePenaltiesJail TimeMax Fines
Possession
Up to 0.5 ouncesCriminal InfractionNone$1,000
14 - 500 gramsMisdemeanor1 month$1,500
500+ gramsMisdemeanor1 year$3,000
Sale Or Distribution
Any AmountFelony10 years$20,000
To a minorFelony10 years$20,000
In a school zoneFelony20 years$20,000
Cultivation
Same as Possession section
Hash & Concentrates
ConsumingMisdemeanor1 year$3,000
PossessionFelony1 year$3,000
Manufacturing / DeliveringFelony10 years$20,000
Paraphernalia
PossessionCriminal InfractionNone$1,000
SellingMisdemeanor1 year$3,000
Providing to a minorFelony5 years$10,000

Marijuana Possession Laws

These are the marijuana laws for personal possession of marijuana.

Personal use of cannabis got decriminalized in North Dakota.

Gov Doug Burgum signed the decriminalization bill in 2019.

For recreational pot, possession of up to 0.5 ounces of cannabis is a criminal infraction.

This means it’s a petty offense punishable by fines, but no jail time.

Under North Dakota state laws, criminal infractions don’t lead to:

  • jail
  • probation
  • criminal records

Up to 0.5 ounces of cannabis is a criminal infraction with:

  • gets you zero jail
  • a maximum fine of $1,000

Possession of 14 – 500 grams of weed is a misdemeanor with:

  • up to 1 month of jail
  • a maximum fine of $1,500

Possession of 500+ grams of weed is a misdemeanor with:

  • up to 1 year of jail
  • a maximum fine of $3,000

Let’s say you get caught with less than 0.5 ounces 2+ times in one calendar year.

You could get hit with up to 30 days in jail and a maximum fine of $1,500.

Related: How Many People Are In Jail For Weed

Selling Marijuana In North Dakota

Selling marijuana has simple charges for selling cannabis in North Dakota.

These will all be automatic felony convictions.

Selling any amount is a felony with:

  • up to 10 years in jail
  • up to $20,000 in fines

Selling to a minor is a felony with:

  • up to 10 years in jail
  • up to $20,000 in fines

Selling in a school zone is a felony with:

  • up to 20 years in jail
  • up to $20,000 in fines

North Dakota Cannabis Cultivation Laws

Home cultivation of cannabis is illegal in North Dakota.

And criminal convictions are based on the weight of the plants.

(Not the number of plants that you have.)

Home cultivation charges are the exact same as possession charges.

Growing up to 0.5 ounces of cannabis is a criminal infraction.

This means it’s a petty offense punishable by fines, but no jail time.

Up to 0.5 ounces of plants is a criminal infraction with:

  • gets you zero jail
  • a maximum fine of $1,000

Possession of 14 – 500 grams of plants is a Class B misdemeanor with:

  • up to 1 month of jail
  • a maximum fine of $1,500

Possession of 500+ grams of plants is a Class A misdemeanor with:

  • up to 1 year of jail
  • a maximum fine of $3,000

Law enforcement can count the root ball as the “weight of the plant.”

They can easily get you over 500 grams of plant weight.

Possession Of Hash And THC Concentrates

Adult use of hash is illegal and is a Schedule I drug in North Dakota.

North Dakota believes marijuana has a high chance of:

  • getting abused
  • causing addictions

Hash gets defined as anything with THC concentrates in it in ND.

And hash and THC concentrate carries simple charges as well.

Consumption of hashish is a Class A misdemeanor:

  • up to 1 year in jail
  • a maximum fine of $3,000

Possession of any amount of hashish is a felony:

  • up to 1 year of jail time
  • up to a $3,000 fine

Manufacturing or delivering of any amount of hashish is a felony:

  • up to 10 years of jail time
  • up to a $20,000 fine

Cannabis Paraphernalia

Possession of paraphernalia for personal use is a criminal infraction:

  • gets you zero jail time
  • has up to $1,000 in fines

Selling paraphernalia is a misdemeanor with:

  • up to 1 year of jail time
  • up to a $3,000 fine

Giving paraphernalia to a minor is a felony with:

  • up to 5 years of jail time
  • up to a $10,000 fine

North Dakota Marijuana Decriminalization

North Dakota decriminalized the recreational use of cannabis in 2019.

When Republican Gov Doug Burgum signed House Bill 1050.

This ballot initiative removed jail time for adults possessing up to 0.5 ounces of weed.

Is Marijuana Legal In North Dakota?

This section is covering whether weed is legal in North Dakota for:

  • recreational use
  • medical use

Is Recreational Weed Legal In North Dakota?

Is weed legal in North Dakota for recreational use?

No, weed is not legal in North Dakota for recreational use for adults.

North Dakota aims to legalize marijuana with the New Approach North Dakota.

This ballot measure needs 15,582 valid signatures to qualify for November voting.

North Dakota wants to model Montana with this legalization measure.

Their goal with this ballot measure is to:

  • create adult-use cannabis legalization
  • free up law enforcement resources
  • make their medical marijuana program more accessible

Is Medical Marijuana Legal In North Dakota?

Yes, weed is legal in North Dakota for medical use.

The North Dakota House and Senate passed medical marijuana laws in 2017.

When the North Dakota Department of Health created the medical marijuana program.

This legalization bill allows there to be two cultivation providers for medical dispensaries.

They are Pure Dakota LLC and Grassroots Cannabis.

These providers are responsible for:

  • growing marijuana

  • drying the leaves and flowers

  • converting marijuana into a medical marijuana product

North Dakota allows 8 licensed medical marijuana dispensaries at a time.

Currently, North Dakota has medical marijuana dispensaries in major cities like Bismarck.

Medical marijuana patients are allowed to have up to 3 ounces of cannabis at a time.

And adult caregivers are able to purchase medical marijuana on behalf of the patient.

The qualifying medical conditions for a medical card in North Dakota are:

  • 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

Purchasing cannabis outside of a licensed dispensary is illegal for North Dakota residents.

Lawmakers consider non-dispensary weed controlled substances.

North Dakota Weed Legalization Bills

This is the state legislature on North Dakota’s weed legalization bills.

Related: Marijuana Legality By State

2015 - House Bill 1430

This bill attempted to establish the medical cannabis framework.

It got voted down by members of the House Human Services Committee.

They felt like the medical use of marijuana carried too many risks.

And these risks outweighed the benefits.

2016 - Measure 5

North Dakota’s Measure 5 was their Medical Marijuana Legalization Initiative.

This established the medical marijuana program for the state.

The bill passed both Houses of the State Legislature.

They needed 2/3 of the State Legislature to vote to pass the medical marijuana laws.

The North Dakota Department of Health took applications for medical dispensaries.

In the beginning, they opened medical dispensaries in the Bismarck and Fargo areas.

2017 - Medical Marijuana Program

Measure 5 was the legalization of medical marijuana.

The Medical Marijuana Program set up the ecosystem for medical marijuana.

This ballot initiative got developed to set up:

  • growing medical cannabis
  • processing
  • selling and distributing it to dispensaries
  • dispensing weed to patients, caregivers, and patients
  • medical use for qualifying patients

2019 - House Bill 1050

The key takeaways from the North Dakota House Bill 1050 are:

  • reclassified and reduced criminal penalties for possession of weed
  • made possession of fewer than 0.5 ounces of marijuana a criminal infraction
  • calls on the legislature to consider recreational marijuana legalization in North Dakota

House Majority Leader Chet Pollert would have normally been inclined to oppose this.

But, looking at South Dakota’s voter approval for legalization changed his mind.

He has acknowledged that marijuana legalization is coming.

2022 - Recreational Marijuana Referendum

State lawmakers have collected enough valid signatures for this ballot measure.

Secretary of State Al Jaeger’s office approved the measure’s formatting.

If passed, this will allow the adult use of recreational weed in North Dakota.

This allows:

  • possession of up to 3 ounces of marijuana
  • home cultivation of up to 3 plants
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If you’re interested in what states weed is legal in, here’s a list of all the states.

Disclaimer: These codes may not be the most recent version. There may be more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.