North Dakota Marijuana Laws
Is marijuana legal in North Dakota? What do the regulations in the Peace Garden State say? Let’s look at North Dakota marijuana laws.
So, is marijuana legal in North Dakota? Let's find out.
The benefits of marijuana are widely known, but the wonder drug is not legal in all states. So, knowing the legalization status of your state as a resident or visitor is essential to stay on the right side of the law.
Questions such as “Is marijuana legal in North Dakota?” and “Is pot legal in North Dakota?” are relevant to the weed laws in the Peace Garden state. However, answering yes or no to those questions doesn’t explain the entire process of the laws guiding marijuana use.
So, what do the weed laws in North Dakota say?
Medical Marijuana in Dakota
Is marijuana legal in North Dakota? Yes, but only for medical use.
In February 2015, medical marijuana legalization attempts through House Bill 1430 were voted down 26-67 because House Human Services Committee members felt that the concerns and risks outweighed the benefits.
However, in 2016, North Dakota marijuana laws changed in favor of medical usage after voters approved Measure 5 with 63% votes.
By 2017, State lawmakers adopted Senate Bill 2344, which applied changes to Measure 5, including removing the right for North Dakota medical marijuana users to grow their weed.
The North Dakota Department of Health is in charge of medical marijuana in North Dakota; they issue medical marijuana cards and supervise medical marijuana dispensation in the state.
As of June 2022, the NDDH puts the number of active North Dakota medical marijuana users at 7,830.
North Dakota Marijuana Laws: Getting a Marijuana Card
According to the law, only registered patients with a qualifying condition may legally possess marijuana.
Obtaining a North Dakota medical marijuana card requires that your qualifying condition is certified by medical marijuana professional and an application to the NDDH.
However, failing to meet the NDDH requirements for any of these reasons may cause a denial of your application:
- Failing to comply with NDDH guidelines
- Not documenting or consulting a medical professional regarding the use of medical marijuana for the qualifying medical condition
- Not providing the required information or providing false information
- The NDDH has previously denied your application for several reasons
- The patient is under 19 years of age, and the custodial parent or legal guardian responsible for health care decisions for the person has not signed the written statement required
- Using a medical professional not licensed for medical marijuana consultations in the state
- You or your designated primary caregiver has been convicted of knowingly or intentionally selling a controlled substance, if applicable
- Your medical condition does not qualify for a marijuana card.
Navigating the application process is often tricky, but with Elevate Holistics, applying for your North Dakota marijuana card comes without hassles.
To begin your North Dakota medical marijuanas card process, click here for more information on how we can help you.
North Dakota Weed Laws for Recreational Marijuana
Is recreational marijuana legal in North Dakota? Despite several legalization efforts, North Dakota weed laws have not legalized recreational use.
An attempt at legalization in 2018 failed as voters rejected the ballot to legalize recreational weed.
However, in August 2019, Governor Doug Burgum signed House Bill 1050, which decriminalized the possession of small amounts of marijuana.
The bill excludes adults aged 21 years and older from jail terms when found in possession of up to half an ounce of weed, but a penalty of up to $1000 applies.
Also, the bill reduced the sentence for possessing more significant amounts of weed.
Attempts to legalize recreational marijuana resurfaced in 2020 with a voter initiative called the North Dakota Freedom of Cannabis Act. But the initiative failed to garner the signatures required to push it to the ballot.
Presently, various organizations are still working toward including the legalization of recreational marijuana in North Dakota weed laws.
North Dakota Marijuana laws
Now that we have addressed the question: “Is marijuana legal in North Dakota?” and “Is pot legal in North Dakota for recreational use?” let’s discuss the intricate weed laws in North Dakota.
Even as a medical marijuana card patient, failing to grasp these laws can mean committing a felony, and the penalties range from fines to serving jail time.
Also, since marijuana use and possession remain a federal offense, you can be guilty of committing a federal crime.
So, what do North Dakota weed laws say, and how can you stay on the safe side of the law?
North Dakota Marijuana Possession Law
Although medical marijuana is legal, the amount you can possess remains controlled.
The legal possession limit of the cannabis flower for patients over 19 years with a medical marijuana card is 3 ounces per month. However, a physician may increase the limit to 6 ounces for cancer patients.
For cannabis concentrates, including edibles, oils, pills, and capsules, the possession limit for licensed medical marijuana patients is up to 2,000 milligrams of THC per month.
On the other hand, possessing half an ounce or less of weed as a non-patient is a misdemeanor punishable by a fine of up to $1000.
A person with a previous conviction for the same offense within the same calendar year may face a sentence of 30 days and/or a fine of $1500.
The possession of more than one ounce is a felony that attracts between 5 to 10 years of imprisonment and a maximum fine of $10,000.
Lastly, possessing any amount close to a school can draw up to 10 years in jail and/or a $20,000 fine.
Where Can I Buy Weed in North Dakota?
The North Dakota weed laws permit only licensed medical marijuana patients to buy weed from licensed dispensaries.
To purchase medical marijuana from a North Dakota weed dispensary, you must present a valid form of identification and your medical marijuana card.
You can find a licensed medical marijuana dispensary in North Dakota here.
Do North Dakota Weed Laws Permit You to Grow Your Weed?
No, you cannot grow weed yourself in North Dakota, even as a licensed medical patient.
Also, growing your weed carries similar penalties to possession.
Is Pot Legal in North Dakota for Out-of-State Patients?
If you’re a medical marijuana patient moving or visiting North Dakota, you must apply for the state’s medical marijuana card from the NDDH.
The weed laws in North Dakota do not recognize medical marijuana cards from other states
Learn more about the registration process through Elevate Holistics by clicking here.
North Dakota Weed DUI Laws
In North Dakota, a person is guilty of DUI if they are under the influence of alcohol or any other drug that prevents them from driving safely.
Even as a licensed medical marijuana consumer, you can face the following penalties for violating these laws:
- First-time offenses are considered class B misdemeanors and carry a penalty of a minimum fine of $250. The offender is required to undergo an addiction evaluation
- Second-time offenders within five years face a minimum of 5 days imprisonment of 30 days of community service, a minimum fine of $500, and an addiction evaluation. It is classified as a class B misdemeanor
- A third-time offense within five years is a class A misdemeanor. The penalties include a minimum of 60 days imprisonment, a minimum fine of $1,000, and an addiction evaluation
- Fourth-time offenders within seven years face the penalties of a class A misdemeanor offense which carries a minimum of 180 days of jail time and a minimum fine of $1,000. In addition, the offender must undergo an addiction evaluation
- If the offense is committed for the fifth (and subsequent) time within seven years, it is classified as a class C felony. The penalties include a minimum jail time of 180 days, a minimum fine of $1,000, and an addiction evaluation.
Is CBD Legal in North Dakota?
Yes, the weed laws in North Dakota permit the use of CBD for registered medical marijuana patients.
However, you can buy CBD derivatives legally only from licensed dispensaries, and the legal limit of THC content must not exceed 0.3%.
North Dakota Medical Marijuana Program Application
Now that you’re conversant with the weed laws in North Dakota, what make you qualify to apply for a medical marijuana card?
Patients who want to be part of the North Dakota medical marijuana program must meet the following requirements:
- Must be 19 years and above
- Must be a resident of North Dakota
- For minors under 19 years who satisfy the other conditions, their parents or guardians must apply on their behalf.
- Must have at least one qualifying condition
- Must have a certification from a certified medical marijuana professional
Where Can I Consume Marijuana in North Dakota?
Like other states with a medical marijuana program, there are restrictions on where you can legally use medical marijuana.
In North Dakota, consuming weed in public places, schools, federal buildings, hospitals, or parks is illegal.
Usually, it is safer and legal to consume medical marijuana in the privacy of your home if your landlord allows it.
Elevate Holistics: Your North Dakota Marijuana Guide
As we’ve explained, the answer to “is marijuana legal in North Dakota?” And “is pot legal in North Dakota?” is yes, but only for medical use.
North Dakota marijuana laws do not permit the use for recreational purposes. But with various organizations canvassing for the legalization of recreational marijuana, this may change soon.
At Elevate Holistics, we provide adequate information on weed laws regardless of your state and help you embark on your wellness journey effortlessly.
With us, finding answers to marijuana FAQs in North Dakota has never been easier.