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. However, voters rejected a 2018 ballot measure to legalize cannabis, and thus cannabis for recreational purposes is still illegal in the state.
Cannabis proponents have worked with the North Dakota Legislative Council to draft new wording and address issues with former efforts, and are hopeful in getting the matter on the ballot in 2020. Below are some of the relevant rules and regulations for the medical marijuana program in North Dakota:
Qualified patients and caregivers can possess up to a 30-day supply at any given time.
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.
Qualifying Medical Cannabis Conditions:
- Agitation of Alzheimer's disease or related dementia;
- Amyotrophic lateral sclerosis
- Anorexia nervosa
- Anxiety disorder
- Autism spectrum disorder
- Brain injury
- Bulimia nervosa
- Crohn's disease;
- Decompensated cirrhosis caused by hepatitis C
- Ehlers-Danlos syndrome
- Interstitial cystitis
- 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:
- Cachexia or wasting syndrome
- Intractable nausea
- 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
Qualified patients are allowed to consume the following cannabis products:
Forms of Medical Marijuana in North Dakota:
- Transdermal patches
- 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.
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.
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.
North Dakota does not accept out of state licenses, and will only accept cards issued by its Division of Medical Marijuana.
Per NDCC Chapter 19-24.1, home cultivation is banned in North Dakota.