Possession Limits

North Dakota permits medical cannabis use with specific possession limits and has strict penalties for recreational possession:

• Medical Patients: Qualified patients can possess up to 3 ounces (85 grams) of usable cannabis within a 30-day period.
• Recreational Possession: Possession of cannabis for recreational purposes is illegal and subject to penalties.

Cultivation Laws

Cultivation of cannabis in North Dakota is highly regulated:

• Home Cultivation: Home cultivation of cannabis is illegal for both medical and recreational users.
• Licensed Cultivation: Only state-licensed entities can legally grow cannabis for medical purposes.

Medical vs. Recreational Use

Medical Use

North Dakota’s medical cannabis program was established under the North Dakota Compassionate Care Act in 2016:

• Qualifying Conditions: Conditions such as cancer, chronic pain, PTSD, epilepsy, glaucoma, and severe or persistent muscle spasms qualify patients for medical cannabis.
• Medical Card: Patients must obtain a recommendation from a state-licensed physician and register with the North Dakota Department of Health’s Division of Medical Marijuana.
• Purchase Limits: Medical cannabis can be purchased from licensed dispensaries, with specific possession limits as defined by the program.

Recreational Use

Recreational cannabis use remains illegal in North Dakota:

• Possession: Possession of any amount of cannabis for recreational purposes is a criminal offense. Possession of less than half an ounce is a criminal infraction, while larger amounts are misdemeanors or felonies.
• No Legal Sales: There are no provisions for the legal sale or purchase of recreational cannabis.

Penalties for Violations

Violations of North Dakota’s cannabis laws carry significant penalties:

• Possession: Possession of less than half an ounce of cannabis is an infraction, punishable by a fine of up to $1,000. Possession of larger amounts can result in misdemeanor or felony charges, with potential jail time and higher fines.
• Sale and Distribution: Selling or distributing cannabis without a license is a felony offense with severe penalties, including long-term imprisonment and significant fines.
• Cultivation: Unauthorized cultivation of cannabis is also a felony, with penalties depending on the number of plants and circumstances.

Recent Updates and Changes

North Dakota continues to refine its medical cannabis program:

• Medical Program Expansion: The state periodically reviews and may expand the list of qualifying medical conditions and allowable forms of cannabis.
• Regulatory Improvements: Efforts are ongoing to streamline the application process for patients and improve the regulation of medical cannabis dispensaries.

Frequently Asked Questions

Q: Can tourists buy medical cannabis in North Dakota? A: No, only residents of North Dakota with a valid medical cannabis card can purchase medical cannabis from licensed dispensaries.

Q: Where can I consume medical cannabis in North Dakota? A: Medical cannabis consumption is legal in private residences. Public consumption is prohibited.

Q: How can I get a medical cannabis card in North Dakota? A: Patients must obtain a recommendation from a state-licensed physician and register through the North Dakota Department of Health’s Division of Medical Marijuana.

Q: Are there any legal limits for transporting cannabis within North Dakota? A: Medical cannabis patients can transport their medication, but it must be in a sealed container and not in a public place.

Conclusion

North Dakota’s cannabis laws are currently focused on medical use, with stringent regulations and penalties for recreational use. Staying informed about these laws ensures responsible and legal cannabis use in the state.

Additional Resources

• North Dakota Department of Health – Division of Medical Marijuana
• NORML: North Dakota Laws
• North Dakota Legislative Branch

By following this guide, you can navigate the cannabis laws in North Dakota confidently and responsibly.