North Dakota Cannabis Laws: Medical, Penalties & Future
Understand North Dakota's current cannabis laws, including medical marijuana program details, possession penalties, recent legislative changes, and the outlook for adult-use legalization.
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North Dakota permits medical cannabis for qualifying patients, prohibits adult-use recreational cannabis, and reduced penalties for small-amount possession in 2019.
Quick Answer: North Dakota's Current Cannabis Laws
North Dakota has a medical cannabis program and prohibits adult-use recreational cannabis. The state reduced penalties for small-amount possession in 2019.
The framework includes:
- Medical cannabis is legal for registered patients under NDCC Chapter 19-24.1.
- Recreational possession, cultivation, and distribution remain criminal offenses under NDCC Chapter 19-03.1 (Uniform Controlled Substances Act).
- A 2019 legislative session reduced penalties for possession of one-half ounce or less and for paraphernalia offenses (North Dakota House Bill 1050, 2019).
- Federal law classifies cannabis as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. § 812). This creates federal tax consequences for state-legal businesses.
North Dakota's Medical Cannabis Program: Eligibility and Access
The medical cannabis program operates under NDCC Chapter 19-24.1 and is overseen by the North Dakota Department of Health (NDDoH) Medical Marijuana Division.
Qualifying Medical Conditions
To receive a medical cannabis card, a patient must have a diagnosed qualifying condition. Consult the NDDoH Medical Marijuana Division for the current, complete list of approved conditions, as it is subject
Sources & Verification (10)
- Controlled Substances Act 21 U.S.C. §812 — federal Schedule I status (HHS recommendation to Schedule III pending DEA finalization).
- FinCEN Guidance FIN-2014-G001 — Marijuana-Related Businesses banking and SAR filing requirements.
- IRC §280E — federal disallowance of business expense deductions for trafficking Schedule I/II substances.
- Cole Memorandum (rescinded 2018) — historical federal enforcement guidance, replaced by case-by-case U.S. Attorney discretion.
- A BILL for an Act to amend and reenact subsection 3 of section 19-24.1-01, section 19-24.1-11, and subdivision a of subsection 2 of section 19-24.1-16 of the North Dakota Century Code, relating to medical marijuana limitations.
- AN ACT to create and enact a new section to chapter 19-24.1 of the North Dakota Century Code, relating to qualifying nonresident medical marijuana patients; to amend and reenact subsection 3 of section 19-24.1-01, subsection 4 of section 19-24.1-01, subsection 8 of section 19-24.1-01, subsection 26 of section 19-24.1-01, subsection 47 of section 19-24.1-01, and sections 19-24.1-03, 19-24.1-11, and 19-24.1-37 of the North Dakota Century Code, relating to allowable amounts of usable medical marijuana, medical marijuana recordkeeping, cannabinoid edible products, patient qualifications, and disclosure of information.
- A concurrent resolution directing the Legislative Management to consider studying the regulatory framework and potential economic impact of tetrahydrocannabinol infused beverages.
- AN ACT to create and enact section 19-24.1-24.1 and a new subsection to section 19-24.1-36 of the North Dakota Century Code, relating to regulating edible medical marijuana products; and to amend and reenact section 19-24.1-01 of the North Dakota Century Code, relating to definitions of medical marijuana products.
- A BILL for an Act to create and enact section 19-24.1-24.1 and a new subsection to section 19-24.1-36 of the North Dakota Century Code, relating to regulating edible medical marijuana products; to amend and reenact section 19-24.1-01 of the North Dakota Century Code, relating to definitions relating to medical marijuana products; and to provide a contingent effective date.
- AN ACT to amend and reenact sections 19-03.1-05, 19-03.1-11, and 19-03.1-13 of the North Dakota Century Code, relating to the scheduling of controlled substances; and to declare an emergency.
Last verified: June 7, 2026
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How we verify: 9 source adapters (FAA, DSIRE, IRS, OpenStates, etc.) → AI draft → AI editor → AI polish → spot human review.
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- Cannabis Pharmacy — Michael BackesFact-based clinical-reference-style book. The closest thing to a neutral, state-agnostic cannabis patient guide.
- The Cannabis Encyclopedia — Jorge CervantesStandard reference for home-grow rules in states that permit personal cultivation. Heavy on compliance-safe cultivation basics.
- Smell-Proof Storage Case (Carbon-Lined)Required or strongly recommended by many state 'responsible use' laws for transport in a vehicle. Check your state.
- Digital Pocket Scale (0.01g)If your state has a personal-possession weight limit, you want to weigh before you drive. Basic compliance tool.
- Marijuana Law in a Nutshell — West AcademicLaw-school-style summary of federal vs state cannabis conflict. Useful if you're opening a dispensary or working as a bud-tender.