North Dakota is a state located in the Midwestern region of the United States. Known as the Peace Garden State, North Dakota is named after the International Peace Garden located on the border with Canada. The state is known for its vast open spaces and rugged, untouched wilderness, making it a popular destination for outdoor enthusiasts. In terms of politics, North Dakota is a fairly conservative state, although they have loosened up a bit in terms of marijuana laws. Here’s what you should know.
Is Weed Legal in North Dakota? Straight to the point.
- Recreational THC: No
- Medical THC: Yes
- CBD: Yes
- Delta-8: No
Medical Weed Laws
Medical marijuana was legalized in North Dakota on November 8, 2016, when voters approved Measure 5. This law allows individuals with certain qualifying medical conditions to access medical marijuana with a physician’s recommendation.
Age limits for medical marijuana use in North Dakota require patients to be at least 19 years of age to access medical cannabis. Minors may also be eligible for medical marijuana use, but they require the consent of a parent or legal guardian and two physicians to obtain a medical cannabis registration card.
To obtain a card in North Dakota, patients must have a qualifying medical condition and receive a written recommendation from a licensed North Dakota physician. The physician must provide a written certification stating that the patient has a qualifying medical condition and may benefit from medical cannabis.
Qualifying conditions for medical marijuana use in North Dakota include:
- Cancer
- HIV/AIDS
- Glaucoma
- Epilepsy
- Crohn’s disease
- Multiple sclerosis
- Post-traumatic stress disorder (PTSD)
- Chronic or debilitating diseases or medical conditions that produce cachexia or wasting syndrome, severe debilitating pain, severe nausea, seizures, or severe and persistent muscle spasms.
- In addition to these qualifying conditions, North Dakota’s medical marijuana law allows the state’s Department of Health to add additional qualifying medical conditions in the future as needed.
Buying limits for medical marijuana in North Dakota are not specified by law. Patients are limited to purchasing only the amount of cannabis needed for their medical condition.
It’s worth noting that North Dakota’s medical marijuana law is still in its early stages of implementation, and regulations and requirements may change as the state continues to develop its medical cannabis program. You can sign up for the Medical Marijuana Registration Portal to review up-to-date regulations, application tips and tricks, and get a list of physicians in your area. It’s important to check with the state’s Department of Health for the most up-to-date information on medical marijuana laws and regulations in North Dakota.
Recreational Weed Laws
Trends show that many states with medical marijuana programs usually move towards adult-use recreational legalization. However, recreational weed’s regulatory environment tends to be far more complex. Although many states maintain their medical programs to support patients, the same rules do not apply to the general public once recreational marijuana is legalized. Possession limits may vary, as well as the consequences for using marijuana outside of the state-mandated guidelines. See below for more information about the current legal status and recreational legalization efforts.
Is Weed Decriminalized in North Dakota?
North Dakota has decriminalized the possession of small amounts of marijuana. Possession of less than one-half ounce (14.175 grams) of marijuana is a criminal infraction punishable by a fine of up to $1,000. Still, it is not classified as a misdemeanor or a felony. See below for details on the penalties for possessing varying amounts of marijuana in North Dakota.
Cannabinoid Variants
Now that federal hemp legalization is in effect, the market for cannabinoid products has expanded significantly. However, it’s crucial to keep in mind that every state has the option to regulate these products on its own. Below, we’ll delve into how North Dakota regulates some of the most prevalent cannabinoids.
Is CBD legal in North Dakota?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is legal in North Dakota.
Is Delta-8 legal in North Dakota?
Delta-8 THC is a minor cannabinoid that occurs naturally in cannabis plants. It is similar to Delta-9 THC, which is the primary psychoactive compound in cannabis, but it has a slightly different chemical structure. Under state law, Delta-8 THC is classified as a prohibited controlled substance in North Dakota. This means that the use, possession, sale, distribution, purchase, production, and promotion of Delta-8 products are strictly prohibited and illegal.
Is Delta-10 legal in North Dakota?
Delta-10 THC is a minor cannabinoid that occurs naturally in cannabis plants. Like Delta-8 and Delta-9 THC, it is a psychoactive compound, but it has a slightly different chemical structure. However, in North Dakota, Delta-10 THC is classified as a prohibited controlled substance. The use, possession, sale, distribution, purchase, production, and promotion of Delta-10 products are not permitted under state law.
Are THC-O and other THC variants legal in North Dakota?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in North Dakota?
HHC and HHC-O are synthetic cannabinoids that are similar to Delta-8 and Delta-9 THC, but with a slightly different chemical structure. In some states, including North Dakota, these compounds are classified as prohibited controlled substances. The use, possession, sale, distribution, purchase, production, and promotion of these products are not permitted under state law.
Cultivation Laws
In North Dakota, it is illegal to cultivate cannabis for personal use, whether for recreational or medical purposes. The state’s medical cannabis program only allows licensed producers to grow cannabis for medical use. Patients are not allowed to cultivate their own cannabis plants, and growing cannabis with the intent to sell, even for personal medical purposes, is considered a felony offense.
Therefore, a license is required to cultivate cannabis in North Dakota, and that license is only available to registered medical cannabis producers. To obtain a license, you may submit an application through the Department of Health and Human Services.
Obtaining a Medical Marijuana Card in North Dakota
To obtain a medical marijuana card in North Dakota, patients must first have a qualifying medical condition. Patients must then visit a qualified healthcare provider who will determine if medical marijuana is an appropriate treatment option.
If the healthcare provider determines that medical marijuana is appropriate, the patient will receive a written certification that they have a qualifying medical condition. The patient can then apply for a medical marijuana card with the North Dakota Department of Health. The application includes a fee of $25.00, written certification from the healthcare provider, and a valid North Dakota driver’s license or ID.
Once approved, the patient will receive a medical marijuana card that allows them to purchase medical marijuana from a licensed dispensary. The card is valid for one year, and patients must renew their card annually by repeating the application process.
Where to Buy Weed in North Dakota
As the legal status of marijuana continues to evolve across the United States, it can be difficult to navigate the rules and regulations of each state. In North Dakota, medical marijuana patients have several options for purchasing cannabis products, but there are also limitations to consider. Here’s how you can access cannabis in ND.
Dispensaries
Medical marijuana patients in North Dakota can purchase cannabis products from licensed dispensaries. As of 2023 there are only eight dispensaries available statewide to serve the medical marijuana market, which caters to a patient population of fewer than 10,000 individuals.
These dispensaries are located in Fargo, Bismarck, Grand Forks, Minot, Williston, Devils Lake, Jamestown, and Dickinson.
To purchase cannabis products from a dispensary, patients must have a valid medical marijuana card and present it at the dispensary. The dispensary will then provide the patient with a variety of cannabis products, including flower, concentrates, tinctures, edibles, and topicals. The availability of specific products may vary by the dispensary, and prices may vary depending on the product and the dispensary.
Delivery
Marijuana delivery is not currently legal in North Dakota, even for medical marijuana patients. Patients must physically visit a licensed dispensary to purchase their cannabis products. However, there have been discussions about allowing home delivery services for medical marijuana patients in the future, so it’s possible that this could change in the coming years.
Direct to Consumer
Currently, online ordering for marijuana and direct-to-consumer sales are not legal in North Dakota, even for medical marijuana patients. Patients must physically visit a licensed dispensary to purchase their cannabis products. However, there have been discussions about allowing online ordering and delivery services for medical marijuana patients in the future, so it’s possible that this could change in the coming years.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Efforts to Legalize Recreational Weed in North Dakota
Efforts to legalize recreational marijuana in North Dakota have been limited. In 2018, a ballot initiative to legalize recreational marijuana was proposed but failed to gather enough signatures to appear on the ballot. Since then, there have been no significant efforts to legalize recreational marijuana in the state.
However, there have been ongoing discussions and efforts to expand the state’s medical marijuana program. In 2021, lawmakers proposed a bill that would have allowed for home cultivation of medical marijuana and expanded the list of qualifying conditions for patients. The bill ultimately failed to pass, but it demonstrates a growing interest in expanding access to medical marijuana in the state.
It’s possible that with continued advocacy and support, North Dakota could see further progress toward legalization or expansion of its medical marijuana program in the future.
General FAQ
Where can you smoke weed in North Dakota?
The law only allows for medical marijuana use in private residences or on private property with the property owner’s permission. However, it’s important to note that landlords or rental property owners may prohibit smoking or possessing marijuana on their properties.
Can you smoke weed in public in North Dakota?
No, smoking weed in public is illegal in North Dakota, even for medical purposes. North Dakota’s medical marijuana law only allows for medical marijuana use in private residences or on private property with the property owner’s permission. Smoking weed in public places or on federal land can result in fines, legal charges, and other consequences. It’s always best to consume marijuana in a private setting to avoid legal issues.
When was medical weed legalized in North Dakota?
Medical marijuana was legalized in North Dakota on November 8, 2016, when the North Dakota Compassionate Care Act (Measure 5) was approved by voters in the state. However, it took several years for the program to become operational, with the first medical marijuana dispensary opening in March 2019.
Punishment for Illegal Acts FAQ
What are the penalties for selling, gifting, transporting, or importing weed?
If you get caught with any amount of weed in North Dakota, you could face penalties. Ingesting any amount is a misdemeanor and could get you 30 days in jail and a fine of up to $1,500. Possessing less than a half ounce of weed is not as severe, but still a criminal infraction that could result in a fine of up to $1,000.
Possession of more than one-half ounce but less than 500 grams of weed is a misdemeanor that could lead to 30 days in jail and a fine of up to $1,500. However, possessing more than 500 grams is more severe and could land you up to 360 days in jail and a fine of up to $3,000. Selling any amount of weed is a felony and could result in up to 5 years in jail and a fine of up to $10,000.
What is the penalty for selling to a minor?
In North Dakota, the penalty for selling marijuana to a minor is a felony and carries a maximum sentence of 10 years imprisonment and a maximum fine of $20,000. Additionally, selling any amount of marijuana within 1,000 feet of a school is also a felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
What is possession with the intent to sell?
Possession with the intent to sell refers to the possession of a controlled substance, such as marijuana, with the intention to sell it to others. This charge can be brought against someone who is found to have a large amount of marijuana, packaging materials, scales, and other items that suggest the drug was being prepared for sale.
Possession with intent to sell is usually considered a more serious offense than simple possession, and the penalties for this charge can be much harsher. The penalties for possession with intent to sell in North Dakota can include substantial fines and several years of imprisonment.
When is possession a crime?
Possession of marijuana is a crime in North Dakota when it exceeds the legal limit, which in North Dakota means that only medical marijuana patients may possess cannabis.
