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North Dakota Marijuana Laws

Updated on Thursday January 6, 2022

Marijuana is legal for medical use in the state of North Dakota. Voters approved Issue 5 in 2016, and compassion centers are open as of 2019.  Cannabis for recreational purposes is illegal in the state.

Below are some of the relevant rules and regulations for the medical marijuana program in North Dakota:

Possession

Qualified patients and caregivers can possess up to a 30-day supply at any given time.

Purchasing Limits

Within a 30-day period, patients can buy up to 2.5 ounces of dried leaves and flower and up to 2,000 mg of other medical cannabis products. These products can be bought at any registered dispensary in the state.Where to Buy

Qualifying Patients

North Dakota’s list of qualifying conditions was recently expanded to by House Bill NO. 1519. The states’ Division of Medical Marijuana qualifies patients with the following debilitating conditions:

Qualifying Medical Cannabis Conditions:

  • Agitation of Alzheimer's disease or related dementia;
  • Aids
  • Amyotrophic lateral sclerosis
  • Anorexia nervosa
  • Anxiety disorder
  • Autism spectrum disorder
  • Brain injury
  • Bulimia nervosa
  • Cancer
  • Crohn's disease;
  • Decompensated cirrhosis caused by hepatitis C
  • Ehlers-Danlos syndrome
  • Endometriosis
  • Epilepsy
  • Fibromyalgia;
  • Glaucoma
  • Interstitial cystitis
  • Migraine
  • Neuropathy
  • Positive status for HIV
  • Posttraumatic stress disorder
  • Rheumatoid arthritis
  • Spinal stenosis or chronic back pain, including neuropathy or damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
  • Terminal illness
  • Tourette syndrome

Additionally, a chronic or debilitating disease or medical condition or treatment for such disease or medical condition that produces one or more of the following:

Additional Conditions:

  • Cachexia or wasting syndrome
  • Intractable nausea
  • Seizures
  • Severe and persistent muscle spasms, including those characteristic of multiple sclerosis
  • Severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects

Consumption

Medical cannabis is specifically prohibited:

  • On a school bus or school van that is used for school purposes;
  • On the grounds of any public or private school;
  • At any location while a public or private school sanctioned event is occurring at that location;
  • On the grounds of a correctional facility; or
  • On the grounds of a child care facility or licensed home day care, unless authorized under rules adopted by the department.


Qualified patients are allowed to consume the following cannabis products:

Forms of Medical Marijuana in North Dakota:

  • Concentrates
  • Tinctures
  • Capsules
  • Transdermal patches
  • Topicals
  • Dried leaves and flowers are allowed with the special authorization from a health care provider. Edibles, however, are prohibited per NDCC Chapter 19-24.1. Furthermore, patients cannot consume or possess their medicine on school buses, vans, grounds or any grounds where a school-sanctioned event is held.

Driving Under the Influence

The state bans medicinal marijuana patients from ingesting in their vehicle, as well as operating one. Violators can be subject to North Dakota’s drugged driving laws.

Caregiver

North Dakota allows for designated caregivers to manage a registered patient within the state. They must adhere to the rules set forth in NDCC Section 19-24.1-04. Applicants cannot have a misdemeanor drug offense within the past five years, or have a felony offense. Each caregiver can provide assistance for up to four qualified patients at any given time.

Transporting Marijuana

Qualified patients and caregivers are allowed to transport their medical cannabis in its original container with the labels attached. The person carrying the medicine must have their ID on hand and must remain within North Dakota.

Reciprocity

North Dakota does not accept out of state licenses, and will only accept cards issued by its Division of Medical Marijuana.

Cultivation

Per NDCC Chapter 19-24.1, home cultivation is banned in North Dakota.

Delivery

Medical cannabis delivery is permitted in North Dakota.