Federal update: DOJ partially rescheduled medical cannabis to Schedule III (April 28, 2026 final order). State-licensed medical operators may apply for expedited DEA registration through June 27, 2026; DEA hearing on full rescheduling set for June 29, 2026.

North Dakota Cultivation & Distribution — § 19-03.1-23

Any cultivation outside the two licensed manufacturing facilities = felony under N.D.C.C. § 19-03.1-23. Sale of any amount = Class B felony (10 years / $20,000); sale to minor / within 1,000 ft school / employment of minor = up to 20 years. Original Measure 5 (2016) home-cultivation provision (≥40 mi from dispensary) stripped by 2017 SB 2344. No home cultivation, period — even for patients.

Last verified: May 2026

Cultivation Felony

Manufacturing/cultivation of marijuana by anyone other than a licensed compassion center is a felony under N.D.C.C. § 19-03.1-23. Penalties scale with offense level. Patient home-grow was authorized in original 2016 Measure 5 for those living more than 40 miles from a dispensary; 2017 SB 2344 stripped that provision and it has not been restored.

Sale and Trafficking

  • Sale of any amount of marijuana = Class B felony (10 years / $20,000 fine).
  • Sale of concentrate, sale to minor, employment of minor, or sale within 1,000 ft of school = enhanced penalties up to 20 years.
  • Distribution of more than 1 lb = treated as trafficking.

The 2017 SB 2344 Restriction

Gov. Burgum signed SB 2344 on April 17, 2017, substantially rewriting the voter-approved Measure 5 program. SB 2344 eliminated the home-cultivation-for-distance provision, established the Division of Medical Marijuana within the Department of Health (now NDDHHS after the 2022 agency merger), limited the program to two manufacturing facilities and eight dispensaries statewide, and authorized caregivers and capped patient ID-card fees. The home-grow strip was the most controversial provision and remains a target for restoration in future reform legislation.

Geographic Access Without Home Grow

The patient driving distances are real: Watford City to nearest dispensary (Williston) ~50 miles; Bowman to Dickinson ~80 miles; Standing Rock (Fort Yates) to Bismarck ~60 miles; Belcourt to Devils Lake ~80 miles. Without home cultivation, rural patients face substantial round-trip drive times to access program product. See geographic access page.

The Two Licensed Manufacturers

Pure Dakota LLC (Bismarck) and Grassroots Cannabis (GR Vending ND, LLC, Fargo) are the only legal cannabis cultivators in North Dakota. Each is capped at 1,000 plants + 50 R&D plants per N.D. Admin. Code 33-44-01. See manufacturers page.

Related on this site: The North Dakota Concentrate Class C..., 2019 HB 1050, North Dakota Cannabis DUI.