ND Cannabis Official Sources

Legal Disclaimer: This information reflects North Dakota cannabis law as of May 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the North Dakota Department of Health and Human Services (NDDHHS) Division of Medical Marijuana or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: May 2026

State Agencies

NDDHHS Medical Marijuana Division

Address: 600 East Boulevard Avenue, Department 301, Bismarck, ND 58505.
Phone: 701-328-1311.
Email: medmarijuana@nd.gov.
Website: hhs.nd.gov/mm.
Patient registration portal: mmregistration.health.nd.gov.
Director: Jason Wahl.
Cannabis-related responsibilities: licensing of compassion centers (manufacturers + dispensaries); patient registry; rule-making; FY annual report under § 19-24.1-39.

ND Department of Agriculture (Industrial Hemp Program)

Address: 600 East Boulevard Ave, Dept 602, Bismarck.
Commissioner: Doug Goehring.
Cannabis-related responsibilities: industrial hemp licensing, sampling, and testing under 2018 Farm Bill framework. ND was first state to issue commercial hemp production licenses in 2007.

Workforce Safety & Insurance (WSI)

Address: 1600 East Century Ave, Suite 1, Bismarck.
Website: workforcesafety.com.
Cannabis-related responsibilities: workers’ compensation; drug-testing rules under § 65-01-11; cannabis benefits under § 65-05-07(8)(l) (does not pay for medical cannabis); chronic-opioid coverage under § 65-05-39.

North Dakota Highway Patrol

HQ: Bismarck.
Cannabis-related responsibilities: lead state agency for highway interdiction; K-9 deployment; coordination with NDDOT and federal HIDTA.

North Dakota Secretary of State

Secretary of State: Michael Howe.
Website: vote.nd.gov.
Cannabis-related responsibilities: ballot initiative process; sponsoring committee filings; signature certification.

North Dakota Attorney General

Attorney General: Drew Wrigley (R, appointed Feb 2022 to fill Stenehjem vacancy, then elected).
Cannabis-related responsibilities: drug-task-force operations through Bureau of Criminal Investigation; AG opinions; civil-asset-forfeiture coordination.

Statutory Framework

N.D.C.C. ch. 19-03.1 — Uniform Controlled Substances Act

§ 19-03.1-05: Schedule I classification (marijuana).
§ 19-03.1-23: possession, distribution, manufacture (concentrate Class C felony at any weight, cultivation felony, sale Class B felony, school-zone enhancement).
§ 19-03.1-23(7)(d): 1 oz first offense criminal infraction (post-2019 HB 1050).

N.D.C.C. ch. 19-24.1 — Compassionate Care Act

§ 19-24.1-01(1): qualifying conditions list.
§ 19-24.1-04: caregiver provisions.
§ 19-24.1-05: patient registration.
§ 19-24.1-30: public consumption prohibition.
§ 19-24.1-34: employer rights preservation; patient registry not a DUI defense.
§ 19-24.1-39: FY annual report requirement (added by 2021 HB 1213).

N.D.C.C. ch. 19-03.4 — Paraphernalia

Drug paraphernalia provisions; tiered penalties based on substance and use type.

N.D.C.C. ch. 39-08 — Driving Offenses

§ 39-08-01: DUI; impairment-based; no per se THC limit.
§ 39-20-01: implied consent.

N.D. Admin. Code Title 33, Article 44

Medical Marijuana Program administrative rules. Updated October 2023 with new licensing fee schedule (manufacturer $3K app + $75K biennial certification; dispensary $2K app + $60K biennial; production-only manufacturer $40K).

Court Decisions

Birchfield v. North Dakota, 579 U.S. 438 (2016): U.S. Supreme Court ND-related case. Police must obtain a search warrant before non-consensual blood draw; warrantless breath tests permissible as search incident to arrest. Pre-Birchfield criminal-refusal statute for blood was held unconstitutional as applied.
Illinois v. Caballes, 543 U.S. 405 (2005): K-9 free-air sniff during lawful stop is not Fourth Amendment "search."
Rodriguez v. United States, 575 U.S. 348 (2015): prolonging stop for K-9 deployment without independent reasonable suspicion violates Fourth Amendment.

Federal Sources

21 U.S.C. § 841: federal manufacture, distribution, possession with intent.
21 U.S.C. § 844: federal simple possession.
21 U.S.C. § 802(16): federal "marihuana" definition.
2018 Farm Bill (P.L. 115-334): hemp definition (≤0.3% delta-9 THC dry weight).
April 28, 2026 DOJ Schedule III rescheduling: 91 Fed. Reg. 22714.

Federal Agencies

DEA — Omaha Field Division oversees North Dakota.
U.S. Attorney’s Office, District of North Dakota: Fargo and Bismarck divisions.
USDA Agricultural Marketing Service: approves state and tribal hemp plans.
FDA: regulates CBD product labeling and food/dietary-supplement claims.
Customs and Border Protection: enforces federal cannabis law at U.S.-Canada border.

Tribal Cannabis Resources

Five federally recognized tribes plus Trenton Indian Service Area:

Standing Rock Sioux Tribe (Fort Yates).
Turtle Mountain Band of Chippewa Indians (Belcourt) — Title 56 medical authorization.
Spirit Lake Nation (Fort Totten).
Three Affiliated Tribes / MHA Nation (New Town, Fort Berthold).
Sisseton-Wahpeton Oyate (Lake Traverse).