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.

2019 HB 1050 — Non-Jail Infraction with $1,000 Maximum

Effective August 1, 2019, signed by Gov. Doug Burgum: possession of 1 oz or less first offense = criminal infraction (no jail), $1,000 maximum fine. Pre-2019 was Class B misdemeanor punishable by jail. The reform recategorized first-offense possession as a non-criminal infraction but kept the highest infraction-level fine in any "decriminalization" state. Per MPP 2025: 1,481 ND cannabis arrests/citations in 2025 (97% possession).

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.

AmountClassMaximum
≤ ½ oz (≤14 g) — 1st offenseCriminal infraction (no jail)$1,000 fine
2nd infraction within calendar yearMisdemeanor30 days jail / $1,500
> ½ oz to 500 gClass B misdemeanor30 days jail / $1,500
> 500 gClass A misdemeanor360 days jail / $3,000
Concentrate / hashish (any amount)Class C felony5 years prison / $10,000
Manufacture / cultivation (any amount)FelonyUp to 10 years / $20,000
Sale of any amountClass B felony10 years / $20,000
Sale within 1,000 ft of school / sale to minorFelonyUp to 20 years / $20,000
Possession on school grounds or in motor vehicleEnhancedBumps up one classification
Paraphernalia for marijuana ingestionCriminal infraction$1,000 fine
Paraphernalia for cultivation/manufactureClass A misdemeanor360 days / $3,000
Public consumptionClass B misdemeanor30 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.

Related on this site: The North Dakota Concentrate Class C..., North Dakota Cultivation & Distri..., North Dakota Cannabis DUI.