Last verified: May 2026
The Headline
- Recreational: fully illegal under N.D.C.C. ch. 19-03.1.
- Medical: legal under Compassionate Care Act (Measure 5, 2016) — 9,934 patients, 8 dispensaries, $22.42M FY2024 sales.
- Possession: 1 oz first offense = criminal infraction $1,000 max (no jail).
- Concentrate: Class C felony at any weight.
- Cultivation: felony (no patient home-grow).
- DUI: impairment-based, no per se THC limit.
| Metric | Value |
|---|---|
| Recreational status | Fully illegal under N.D.C.C. ch. 19-03.1 |
| Medical status | Compassionate Care Act, Measure 5 (2016, 63.79% YES); N.D.C.C. ch. 19-24.1 |
| Registered patients (FY2024) | 9,934 (+338 from FY2023) |
| Designated caregivers | 164 |
| Compassion-center agents | 483 |
| FY2024 dispensary sales | $22.42 million (62% dried flower) |
| Cumulative FY2020-FY2024 sales | ~$85.7 million |
| Manufacturers (statutory cap) | 2 (Pure Dakota Bismarck; Grassroots Cannabis / GR Vending ND Fargo) |
| Dispensaries (statutory cap) | 8 (Pure Dakota 3 / Curaleaf 4 / We-Mend 1) |
| Recreational defeats | 3 consecutive (2018 -19 pts / 2022 -10 pts / 2024 -5 pts) |
| Recreational 2026 ballot | None certified as of May 2026 |
| 1 oz first offense | $1,000 infraction (no jail) per 2019 HB 1050 |
| Concentrate | Class C felony at any weight (5 yrs / $10K) |
| Cultivation | Felony (no patient home-grow exception since 2017 SB 2344) |
| DUI standard | No per se THC limit — impairment-based |
| 30-day patient flower purchase | 2.5 oz (cancer/Enhanced 6 oz) |
| 30-day THC concentrate cap | 6,000 mg combined |
| 30-day edible cap (HB 1203) | 310 mg THC |
| Edible product types | Lozenges only (5 mg per serving / 50 mg per package) |
| Card validity (SB 2294) | 2 years (extended from 1 year) |
| Tribal cannabis | Turtle Mountain Title 56 (medical authorized; no operational dispensary) |
Sources: NDDHHS Medical Marijuana Program FY2024 Annual Report; ND Secretary of State; Marijuana Policy Project; Brighter Future Alliance / New Economic Frontier campaign-finance reports; N.D.C.C.
Statutory Framework
Cannabis is governed primarily by the North Dakota Uniform Controlled Substances Act, N.D.C.C. ch. 19-03.1. Marijuana is Schedule I under § 19-03.1-05. Medical sits in parallel chapter N.D.C.C. ch. 19-24.1 (Compassionate Care Act). Drug paraphernalia in ch. 19-03.4. Driving offenses in ch. 39-08.
| 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.
The 2019 HB 1050 "Decriminalization"
Before August 1, 2019, simple possession of any amount was a Class B misdemeanor punishable by jail. HB 1050, signed by Gov. Doug Burgum, removed jail time for first-offense possession of ½ ounce or less, recategorizing it as a non-criminal infraction. Per MPP’s 2025 enforcement report: 1,481 ND cannabis arrests/citations in 2025 (97% possession). The maximum infraction fine remains among the highest in any "decriminalization" state. See decriminalization page.
Concentrate Class C Felony at Any Weight
The 2019 framework applies only to plant-form possession. Concentrates — hash, hash oil, dabs, wax, vape cartridges using marijuana-derived oil — are Class C felonies at any weight. See concentrate felony page.
Three Recreational Defeats
North Dakota voters have rejected adult-use legalization three consecutive times: Measure 3 (2018) -19 pts; Measure 2 (2022) -10 pts; Measure 5 (2024) -5 pts. As of May 2026, no recreational measure has been certified for the November 2026 ballot. See why ND says no page.
Cross-Border Reality
North Dakota borders adult-use Minnesota (rec since May 2023), adult-use Montana (rec since January 2022), federally-legal Manitoba/Canada, and medical-only South Dakota. Cannabis cannot legally cross any border into North Dakota. Manitoba/CBP federal felony exposure remains the most serious cross-border risk. See Manitoba page.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org