North Dakota Marijuana Laws 

North Dakota voters legalized medical marijuana in 2016 through the passage of Measure 5, legislation that enables qualified patients to access medical marijuana for the treatment of specific health conditions. The state’s evolving stance on cannabis reflects a growing national trend toward decriminalization and legalization. While medical marijuana was approved by voters in 2016, the legalization of recreational marijuana remains a contentious issue in North Dakota. 

As of 2024, North Dakota has 9,934 registered medical marijuana cardholders, reflecting a steady increase from previous years. This growth in the number of qualifying patients is a testament to the expanding access to medical marijuana under the North Dakota Compassionate Care Act, which was first approved by voters in 2016. The state’s Department of Health and Human Services manages the program and tracks various metrics, including patient registrations and qualifying medical conditions, with the leading issues being anxiety disorder and PTSD.

This blog provides a detailed analysis of North Dakota’s marijuana laws as of 2024, addressing critical topics such as criminal penalties, medical conditions for marijuana use, licensing types, and law enforcement regulations.

Current Medical Marijuana Laws

In North Dakota, medical marijuana is legal for individuals with qualifying health disorders, although this depends on them meeting the requirements of the North Dakota Department of Health and Human Services: Medical marijuana patients are required to have a registry identification card, which allows them to purchase marijuana from licensed dispensaries. The list of qualifying afflictions includes cancer, chronic pain, epilepsy, and other debilitating medical conditions.

Patients are not permitted to cultivate marijuana at home unless they live more than 40 miles away from the nearest dispensary. Home cultivation, under specific guidelines, allows patients to grow a limited number of plants. These marijuana laws ensure only individuals with serious medical needs have access to marijuana, safeguarding public health while offering relief to patients suffering from chronic health issues.

Medical Marijuana Patients

Registered patients can obtain up to 7 ounces of cannabis for medical purposes, which includes formats such as capsules, concentrates, tinctures, and dried leaves; however, edibles and marijuana-infused drinks remain illegal. The North Dakota Department of Health and Human Services outlines specific debilitating medical conditions that allow patients to access cannabis under the North Dakota Compassionate Care Act. These ailments are approved by licensed healthcare providers in the state.

Some of the qualifying conditions include:

• Cancer
• Epilepsy
• Post-traumatic stress disorder (PTSD)
• Multiple sclerosis
• Chronic pain
• Crohn’s disease
• Glaucoma
• Alzheimer’s disease
• HIV/AIDS
• Spinal stenosis
• Severe and persistent muscle spasms

In addition to these, patients with any chronic or debilitating affliction that results in severe pain, nausea, or wasting (cachexia) can also qualify for medical marijuana use. These disorders are supported by scientific evidence that cannabis may provide symptom relief.

For the complete list of qualifying medical conditions, you can access the official document provided by the North Dakota Department of Health.

Types of Licenses and Fees

North Dakota offers specific licenses for businesses involved in the medical marijuana industry. The state classifies these businesses into two primary categories: dispensaries (also known as compassion centers) and manufacturing facilities (growers and processors). Both types of licenses are administered by the North Dakota Department of Health and Human Services under the Division of Medical Marijuana.

Here’s a detailed breakdown of the license types:

• Dispensary Licenses (Compassion Centers): These are issued to facilities that sell medical cannabis to registered patients. To obtain this license, applicants must comply with stringent security, zoning, and operational regulations.
• Manufacturing Facility Licenses (Growers/Processors): These licenses are required for businesses that cultivate, process, and package medical marijuana for sale to dispensaries. Manufacturing facilities must use a seed-to-sale tracking system to ensure product traceability from cultivation to sale. Point of sale (POS) systems, like that of IndicaOnline, are integrated with tracking and reporting tools and assist dispensaries in maintaining compliance with state regulations.
• Registry Identification Cards for Compassion Center Agents: Employees working in either dispensaries or manufacturing facilities must apply for a registry identification card. This requirement is aimed at ensuring only qualified agents work in the state’s medical marijuana facilities.

Criminal Penalties

Despite medical marijuana being legal, possessing marijuana for recreational use is still a crime. The state decriminalized the possession of less than 0.5 ounces (14 grams) of marijuana in 2019, reducing it to a criminal infraction punishable by a fine of up to $1,000 without jail time​. However, possessing larger amounts or selling marijuana is treated more harshly. 

For example:

• Possession of 0.5–17.64 ounces is a misdemeanor, punishable by up to 30 days in jail and a maximum fine of $1,500.
• Selling marijuana or possessing it with intent to distribute is a felony, which can result in a maximum of 5 years in prison and a fine of up to $10,000.​
• Selling marijuana near schools or to minors carries even more severe penalties, with sentences of up to 10 years in prison.

Marijuana Legalization Attempts and Ballot Initiatives

Recreational marijuana has not yet been legalized in North Dakota despite multiple attempts. The most recent bid, a 2022 ballot initiative, sought to legalize the possession and use of marijuana for individuals 21 and older. However, the move failed, reflecting a significant divide in public opinion.

Nevertheless, advocacy groups remain determined, organizing new efforts and hoping to prevail in a future ballot. Their primary argument revolves around the economic benefits of legalizing marijuana, including potential tax revenue and job creation. Moreover, they argue the decriminalization of marijuana could reduce law enforcement burdens and redirect resources toward more critical issues.

Proponents of legalization are optimistic about the success of a future ballot initiative should more citizens be persuaded to recognize the potential benefits. As of 2024, North Dakota remains one of the states where recreational marijuana use remains illegal, but changes could be on the horizon.

Home Cultivation Regulations

According to North Dakota’s medical marijuana laws, home cultivation is restricted to patients who live more than 40 miles from a licensed dispensary. These patients are permitted to grow up to eight plants, although the cultivation must occur within an enclosed, locked facility, which ensures the plants are not visible to the public. This rule is intended to provide better access to medical marijuana for patients in rural areas, where licensed dispensaries may be sparse.

Home cultivation for recreational purposes remains illegal, even for personal use. North Dakota enforces strict penalties for those found growing marijuana without authorization, with possible fines and jail time based on the quantity of marijuana involved. Unauthorized cultivation for personal use without proper registration—even for medical reasons—can lead to significant legal consequences.

Caregiver Eligibility

In North Dakota, medical marijuana patients who are minors or those requiring assistance with their medical marijuana use may designate a caregiver. The state’s Compassionate Care Act provides specific guidelines for both designated caregivers and patients under 18 years of age. Here’s a detailed breakdown of these rules:

Designated Caregiver

A designated caregiver is an individual who assists a qualifying patient with acquiring, administering, and managing medical marijuana. The caregiver must meet specific qualifications, which include:

• Minimum Age: Caregivers must be at least 21 years of age.
• Criminal Background Check: All caregivers must undergo and pass a criminal history record check.
• Registry Identification Card: Caregivers must apply for a registry identification card, which costs $200 per year. This card allows them to legally possess and administer medical marijuana on behalf of the patient​.
• Limitations: A caregiver can assist up to five patients unless they are also registered as a caregiver for a minor or dependent adult.

Medical Marijuana Patients Under 18

For patients under the age of 18, special provisions are in place:

• Parental or Guardian Consent: The minor’s parent or legal guardian must provide written consent for the use of medical marijuana. They also need to act as the designated caregiver for the minor.
• Qualifying Medical Conditions: Minors are only allowed to use pediatric medical marijuana, which must have a maximum THC concentration of 6%. This is to ensure young patients receive appropriate medical treatment without excessive psychoactive effects​.
• Pediatric Medical Marijuana Products: Minors are restricted from using marijuana in smokable forms; their medication typically includes products like tinctures or topicals with specific THC concentration limits.

North Dakota’s Focus on Medical Marijuana Access

As of 2024, North Dakota’s approach to marijuana remains focused on providing medical access to qualifying patients while maintaining strict regulations around recreational use. Despite multiple attempts to legalize recreational marijuana, public opinion remains divided, and recreational use remains illegal. However, the ongoing efforts by advocacy groups could bring significant changes in future elections, particularly if the economic and social benefits of legalization are effectively communicated to the public. 

The state’s approach to marijuana reflects a balance between providing necessary medical relief and maintaining a cautious stance toward recreational use. With potential reforms on the horizon, North Dakota could soon see a broader shift in its marijuana laws, driven by both local advocacy and national trends.