Last verified: May 2026
What Changed
HB 1050, signed by Gov. Burgum and effective August 1, 2019, reduced first-offense possession of ½ ounce or less from a Class B misdemeanor (with jail) to a criminal infraction (no jail, $1,000 max). The legislation was supported by both legalization advocates and prosecutors who saw value in reducing the criminal-justice load while keeping a meaningful penalty.
| Amount | Class | Maximum |
|---|---|---|
| ≤ ½ oz (≤14 g) — 1st offense | Criminal infraction (no jail) | $1,000 fine |
| 2nd infraction within calendar year | Misdemeanor | 30 days jail / $1,500 |
| > ½ oz to 500 g | Class B misdemeanor | 30 days jail / $1,500 |
| > 500 g | Class A misdemeanor | 360 days jail / $3,000 |
| Concentrate / hashish (any amount) | Class C felony | 5 years prison / $10,000 |
| Manufacture / cultivation (any amount) | Felony | Up to 10 years / $20,000 |
| Sale of any amount | Class B felony | 10 years / $20,000 |
| Sale within 1,000 ft of school / sale to minor | Felony | Up to 20 years / $20,000 |
| Possession on school grounds or in motor vehicle | Enhanced | Bumps up one classification |
| Paraphernalia for marijuana ingestion | Criminal infraction | $1,000 fine |
| Paraphernalia for cultivation/manufacture | Class A misdemeanor | 360 days / $3,000 |
| Public consumption | Class B misdemeanor | 30 days / $1,500 |
Source: N.D.C.C. § 19-03.1-23 (as amended by 2019 HB 1050 effective Aug 1, 2019). The 2019 reform removed jail time for first-offense possession of ≤½ oz, recategorizing it as a non-criminal infraction. The $1,000 maximum infraction fine remains among the highest in any "decriminalization" state. Concentrate (hash, hash oil, dabs, wax, vape carts using marijuana-derived oil) is a Class C felony at any weight regardless of patient status. Cultivation by anyone other than a licensed compassion center is felony. The 2016 Measure 5 home-cultivation provision (≥40 mi from dispensary) was stripped by 2017 SB 2344.
Why It’s Among the Harshest "Decrim" States
- $1,000 maximum fine — far higher than most "decrim-lite" peers (MN $200, NY $50, ME $100).
- Criminal infraction, not civil — produces a record, even if no jail.
- 2nd offense same year bumps to misdemeanor (30 days jail / $1,500).
- Above 1 oz remains misdemeanor or felony.
- Concentrate at any weight = Class C felony.
- Public consumption = Class B misdemeanor.
- Cultivation = felony.
1,481 Arrests/Citations in 2025
Per the Marijuana Policy Project’s 2025 national enforcement report The State of Enforcement: Progress and Shortcomings in Cannabis Arrest Rates: "In 2025, data shows authorities in North Dakota made 1,481 arrests or citations for cannabis, 97% of which were for possession." Despite the 2019 "decriminalization," ND continues to enforce cannabis possession at substantial volume, particularly along I-94 / I-29 / US-2 cross-border routes.
Burgum Pardon Initiative
Per the Collateral Consequences Resource Center, citing Associated Press (July 8, 2024): "by 2023 [Burgum] had pardoned a total of about 100 people convicted of marijuana possession" through the Pardon Advisory Board’s expedited process. Burgum opposed recreational legalization but used the pardon power to address backlog convictions.
What Did Not Change in 2019
- Concentrate Class C felony exposure.
- Cultivation felony.
- Sale Class B felony (10 years / $20,000).
- School-zone enhancement under § 19-03.1-23.
- Public consumption Class B misdemeanor.
- Paraphernalia for cultivation Class A misdemeanor.
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