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North Dakota Marijuana Law

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.


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