No. Recreational marijuana is illegal in North Dakota; only registered medical marijuana patients may legally buy and possess cannabis, from one of eight state-registered dispensaries. For everyone else, possessing less than half an ounce is an infraction with a fine of up to $1,000, and larger amounts are misdemeanors. Voters rejected adult-use legalization in 2022 and again in 2024, and that is still the law as of October 2026.
This guide is for North Dakota residents and visitors who want to know where the lines are. It explains what North Dakota law actually allows, what the penalties are, and where hemp products such as delta-8 fit, with links to the North Dakota Century Code. It is general information, not legal advice.
North Dakota Cannabis Laws at a Glance
| Topic | The rule in North Dakota | Source |
|---|---|---|
| Legal status | Medical only; recreational use illegal | NDCC 19-24.1; NDCC 19-03.1-23 |
| Possession under 1/2 oz (no card) | Infraction, fine up to $1,000 | NDCC 19-03.1-23(7) |
| Possession 1/2 oz to 500 g | Class B misdemeanor (up to 30 days, $1,500) | NDCC 19-03.1-23(7); 12.1-32-01 |
| Concentrate (THC) under 2 g | Infraction | NDCC 19-03.1-23(7) |
| Home grow | Not legal for anyone | NDCC 19-03.1-23(1) |
| Medical limits | 2.5 oz flower per 30 days; 3 oz flower and 500 mg edibles at any time | NDCC 19-24.1-01 |
| Where to buy | Eight registered medical dispensaries, cardholders only | ND Health and Human Services |
| Delta-8 and synthetic THC | Excluded from legal hemp products | NDCC 4.1-18.1-01 |
| Regulator | Medical Marijuana Program, ND Department of Health and Human Services | hhs.nd.gov/mm |
Is Marijuana Legal in North Dakota?
Only for registered medical patients. North Dakota’s medical marijuana program, codified in NDCC chapter 19-24.1, lets patients with a qualifying condition buy limited amounts from licensed dispensaries, which the law calls compassion centers.
Adult-use legalization has failed at the ballot twice. According to the North Dakota Secretary of State, Initiated Measure 2 in November 2022 and Initiated Measure 5 in November 2024 would each have created a new chapter of the Century Code legalizing cannabis, and neither passed. Marijuana remains a controlled substance under state law for anyone without a medical card.
Penalties for Marijuana Possession in North Dakota
North Dakota has largely decriminalized small amounts. Under NDCC 19-03.1-23(7)(d), possession without a medical card is punished by amount:
- Less than 1/2 ounce (14.175 grams) of marijuana: infraction
- 1/2 ounce to 500 grams: class B misdemeanor
- More than 500 grams: class A misdemeanor
- Less than 2 grams of THC (concentrate): infraction
- 2 to 6 grams of THC: class B misdemeanor
- More than 6 grams of THC: class A misdemeanor
Under NDCC 12.1-32-01, an infraction carries a fine of up to $1,000 and no jail. A class B misdemeanor carries up to 30 days in jail and a $1,500 fine, and a class A misdemeanor up to 360 days and a $3,000 fine.
Paraphernalia: Using or possessing a pipe or other paraphernalia to consume or store marijuana is an infraction under NDCC 19-03.4-03(4). Paraphernalia used to grow or process marijuana is a class A misdemeanor.
Under 21: A person under 21 who consumes marijuana or THC, other than lawful medical marijuana, commits a class B misdemeanor under NDCC 19-03.1-22.3.
Sales and growing: Manufacturing (which includes growing), delivering or possessing marijuana with intent to deliver is a class C felony under NDCC 19-03.1-23(1), punishable by up to 5 years in prison and a $10,000 fine.
Record sealing: For a first conviction involving 1 ounce or less of marijuana, or 2 grams or less of THC, the court must seal the record on motion if the person has no further drug conviction within two years, under NDCC 19-03.1-23(9).
North Dakota Medical Marijuana Program
The program is run by the Department of Health and Human Services. Key rules from NDCC 19-24.1:
- Qualifying conditions include cancer, HIV/AIDS, ALS, PTSD, Crohn’s disease, fibromyalgia, glaucoma, epilepsy, anxiety disorder, migraine, rheumatoid arthritis, autism spectrum disorder, brain injury, terminal illness and chronic conditions causing severe pain, intractable nausea, seizures or severe muscle spasms, among others.
- Certification: A North Dakota health care provider must sign a written certification within 90 days of the application. Veterans may submit VA records instead.
- Fee and term: The application fee may not exceed $40 for a card valid for two years. HHS currently charges $40.
- Purchase limit: 2.5 ounces of dried flower per 30 days, with no more than 3 ounces of flower and 500 mg of edibles in possession at any time. Patients with cancer may be authorized for an enhanced amount of 6 ounces per 30 days and 7.5 ounces in possession.
- Dispensaries: Cardholders may buy only from one of the state’s eight registered dispensaries.
- Where not to use: The program does not protect use on school grounds or school buses, at correctional or child care facilities, where the state smoke-free law bans smoking, or where smoke or vapor would reach a minor.
Visiting patients: Under NDCC 19-24.1-03.3, residents of other states who hold a valid medical card from their home state can apply for a North Dakota nonresident card. HHS says the card costs $40, is valid for 60 days and requires applicants to be 19 or older.
Driving and Cannabis in North Dakota
Driving while under the influence of marijuana is illegal for everyone, including patients. NDCC 19-24.1-33 states that the medical law does not protect driving under the influence, though a patient is not considered under the influence solely because of metabolites present at concentrations too low to cause impairment.
Hemp, CBD and Delta-8 in North Dakota
North Dakota is stricter than federal law has been on intoxicating hemp. Under NDCC 4.1-18.1-01, legal hemp commodities and products include CBD and CBG products within THC limits set by the agriculture commissioner. The definition expressly excludes:
- Products containing delta-8 THC
- Chemically derived cannabinoids such as THC-O, HHC and THCP
- Compounds extracted from hemp to make an inhalant
Hemp topicals are capped at 50 mg of total THC per container. Federal law tightens next: synthetic and converted cannabinoids lose federal hemp status on November 12, 2026, and a 0.4 mg total THC per container cap for naturally occurring cannabinoids takes effect on December 11, 2026.
Crossing State Lines and Federal Law
Bringing cannabis bought legally in another state into North Dakota is illegal under both state law and federal law. Crossing any state line with cannabis is a federal offense, even for medical patients. In April 2026 the Justice Department moved state-licensed medical marijuana to Schedule III, but that does not make it legal to carry across state lines, and recreational marijuana remains in Schedule I. See our federal marijuana law guide.
North Dakota Marijuana Laws FAQ
Is weed legal in North Dakota?
No, except for registered medical patients. Voters rejected recreational legalization in 2022 and 2024.
What is the penalty for possession of marijuana in North Dakota?
Less than half an ounce is an infraction with a fine of up to $1,000. Half an ounce to 500 grams is a class B misdemeanor, and more than 500 grams is a class A misdemeanor.
Is marijuana decriminalized in North Dakota?
Partly. Possession of less than half an ounce, or less than 2 grams of concentrate, is an infraction rather than a crime, and paraphernalia for personal use is also an infraction.
Can you grow weed in North Dakota?
No. Neither adults nor medical patients may grow cannabis. Growing counts as manufacturing, a class C felony.
Can out-of-state medical patients buy in North Dakota?
Yes, after registering. Nonresidents with a valid home-state medical card can apply for a 60-day North Dakota card for $40.
Is delta-8 legal in North Dakota?
No. State law excludes delta-8 THC products and chemically derived cannabinoids such as HHC and THC-O from legal hemp products.
How much can medical patients buy in North Dakota?
Up to 2.5 ounces of dried flower every 30 days, with possession capped at 3 ounces of flower and 500 mg of edibles.
More State and Federal Cannabis Law Guides
Compare North Dakota with every other state in our state-by-state cannabis law guides, and read our federal marijuana law guide. Neighboring states: Minnesota, South Dakota and Montana.
Neighboring state guides: Minnesota · South Dakota · Montana · All state cannabis laws
General information about North Dakota cannabis law as of October 2026, not legal advice.