North Dakota does have a medical marijuana program, but recreational marijuana remains illegal. It has been decriminalized, however. Possession of less than 0.5 oz of marijuana is a criminal infraction that carries a punishment of a $1,000 fine. Possession of more than 0.5 oz but less than 500 g is a misdemeanor punishable by incarceration of no more than 30 days and a fine of up to $1,500. Larger amounts are still a misdemeanor and could result in punishment of up to 1 year in jail and/or a $3,000 fine. Consuming hash or THC concentrates carries a similar punishment. Possession of hash or concentrates is a felony that could result in a sentence of 5 years of incarceration and/or a $10,000 fine.
Cultivation of marijuana is illegal, even for patients enrolled in the state’s medicinal marijuana program. The punishment is based on the total weight of the plants.
For patients participating in the state’s medical program, they may not purchase a cumulative amount of concentrates that exceeds 2000 mg of THC in a 30-day period or more than 3 oz of flower marijuana. Edible products are prohibited under North Dakota’s medical marijuana law, while flower may only be purchased from state-run dispensaries if a patient’s physician formally certifies that the patient is permitted to use such a preparation.
Only physicians who have a bona-fide physician-patient relationship with the patient and are properly licensed to practice in North Dakota may recommend marijuana for the following conditions:
• Alzheimer’s disease
• ALS (amyotrophic lateral sclerosis)
• Autism spectrum disorder
• Brain injury
• Chronic or debilitating diseases
• Crohn’s disease
• Ehlers-Danlos syndrome
• Hepatitis C
• Interstitial cystitis
• Intractable nausea
• Multiple sclerosis
• PTSD (post-traumatic stress disorder)
• Severe and persistent muscle spasms
• Severe debilitating pain
• Spinal injury
• Spinal stenosis
• Tourette syndrome
If a patient’s debilitating condition is PTSD, the physician recommending the marijuana must be a licensed psychiatrist. As of March 2023, Governor Doug Burgum signed legislation that allows patients who enter hospice care to self-certify as medical marijuana patients.
North Dakota does not have a reciprocity program to accommodate medical marijuana patients from out of state.
For more information, see the webpage for the state’s Division of Medical Marijuana here: https://www.health.nd.gov/mm.