Recreational marijuana remains illegal in North Dakota, although possession of less than one-half ounce is treated as an infraction rather than a misdemeanor or felony. North Dakota also operates a comprehensive medical marijuana program allowing registered patients with qualifying conditions to purchase flower, concentrates, edibles and other products from eight licensed dispensaries.
For recreational possession, less than one-half ounce of marijuana is an infraction. Possession of at least one-half ounce but no more than 500 grams is a Class B misdemeanor, while possession of more than 500 grams is a Class A misdemeanor.
Registered medical marijuana patients generally may purchase up to 2.5 ounces of flower during a 30-day period and possess up to 3 ounces. Patients with cancer may receive authorization for higher limits. North Dakota does not allow patients to grow marijuana at home.
This page covers North Dakota marijuana possession penalties, medical marijuana, qualifying conditions, dispensaries, home cultivation, taxes and other major laws. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 13, 2026
North Dakota Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Illegal |
| Legal recreational possession limit | None |
| Less than 1/2 ounce | Infraction |
| 1/2 ounce through 500 grams | Class B misdemeanor |
| More than 500 grams | Class A misdemeanor |
| Recreational sales | Illegal |
| Recreational home grow | Illegal |
| Medical marijuana | Legal |
| Standard medical flower purchase limit | 2.5 ounces per 30 days |
| Standard medical flower possession limit | 3 ounces |
| Enhanced cancer-patient purchase limit | 6 ounces per 30 days |
| Enhanced cancer-patient possession limit | 7.5 ounces |
| Medical home grow | Illegal |
| Medical dispensaries | 8 registered dispensaries |
| Out-of-state patients | May apply for a temporary North Dakota medical marijuana card |
| State sales tax on medical marijuana | 5%, plus applicable local sales taxes |
Is Recreational Marijuana Legal in North Dakota?
No. Recreational marijuana remains illegal in North Dakota.
Adults do not receive a legal marijuana possession allowance simply because they are 21 or older, and North Dakota does not license recreational marijuana stores.
However, the state treats possession of very small amounts less severely than many prohibition states. Possession of less than one-half ounce, or 14.175 grams, is an infraction rather than a misdemeanor.
How Much Marijuana Can You Legally Possess in North Dakota?
There is no legal recreational marijuana possession amount.
North Dakota instead establishes different penalties according to the amount possessed:
| Marijuana Amount | Classification |
|---|---|
| Less than 1/2 ounce | Infraction |
| At least 1/2 ounce through 500 grams | Class B misdemeanor |
| More than 500 grams | Class A misdemeanor |
North Dakota treats concentrated THC separately. Possession of less than 2 grams of tetrahydrocannabinol is an infraction, possession of at least 2 grams but no more than 6 grams is a Class B misdemeanor, and possession of more than 6 grams is a Class A misdemeanor.
What Are the Penalties for Marijuana Possession in North Dakota?
North Dakota’s general sentencing law establishes the maximum penalties associated with each offense classification.
An infraction can result in a fine of up to $1,000 but does not ordinarily carry imprisonment. A Class B misdemeanor can result in up to 30 days in jail, a fine of up to $1,500 or both. A Class A misdemeanor can result in up to 360 days in jail, a fine of up to $3,000 or both.
For marijuana possession, that produces the following general framework:
| Amount | Classification | General Maximum Penalty |
|---|---|---|
| Less than 1/2 ounce | Infraction | Fine up to $1,000 |
| 1/2 ounce through 500 grams | Class B misdemeanor | Up to 30 days and/or $1,500 |
| More than 500 grams | Class A misdemeanor | Up to 360 days and/or $3,000 |
Distribution, possession with intent to distribute and marijuana manufacturing are separate offenses and can carry substantially greater penalties.
Has North Dakota Decriminalized Marijuana?
North Dakota has partially reduced the punishment for possession of small amounts, but marijuana has not been legalized.
Possession of less than one-half ounce is an infraction rather than a misdemeanor or felony. It can still result in a court case and financial penalty, however.
A 2025 proposal, House Bill 1596, would have gone further by converting possession of larger amounts into noncriminal violations, but the measure failed in the Senate and did not become law.
North Dakota’s existing possession classifications therefore remain in effect.
Can a Marijuana Possession Record Be Sealed in North Dakota?
North Dakota provides a record-sealing provision for certain first-time possession cases.
If a person is convicted of a first offense involving 1 ounce or less of marijuana or 2 grams or less of THC, the court must seal the record upon motion if the person is not convicted of another violation of the state’s controlled-substance chapter during the following two years.
Once sealed under this provision, the record generally cannot be reopened even by court order.
Is Medical Marijuana Legal in North Dakota?
Yes.
North Dakota voters approved a medical marijuana initiative in November 2016, and the Legislature subsequently established the current Medical Marijuana Program.
Registered qualifying patients may purchase marijuana from state-registered dispensaries and legally possess products obtained through the program.
North Dakota Health and Human Services reported 10,710 medical marijuana cards issued as of September 8, 2026.
What Conditions Qualify for Medical Marijuana in North Dakota?
North Dakota recognizes a broad list of debilitating medical conditions, including:
- Cancer
- HIV
- AIDS
- Decompensated cirrhosis caused by hepatitis C
- Amyotrophic lateral sclerosis
- Post-traumatic stress disorder
- Agitation associated with Alzheimer’s disease or related dementia
- Crohn’s disease
- Fibromyalgia
- Spinal stenosis or chronic back pain
- Glaucoma
- Epilepsy
- Anorexia nervosa
- Bulimia nervosa
- Anxiety disorder
- Tourette syndrome
- Ehlers-Danlos syndrome
- Endometriosis
- Interstitial cystitis
- Neuropathy
- Migraine
- Rheumatoid arthritis
- Autism spectrum disorder
- Brain injury
- Terminal illness
A chronic or debilitating disease or its treatment may also qualify when it produces cachexia or wasting syndrome, severe debilitating pain, intractable nausea, seizures or severe and persistent muscle spasms, including those associated with multiple sclerosis.
How Much Medical Marijuana Can Patients Buy in North Dakota?
Adult registered patients generally may purchase up to 2.5 ounces of dried marijuana flower during a 30-day period.
A patient with cancer whose health care provider specifically authorizes an enhanced amount may purchase up to 6 ounces of flower during a 30-day period.
For concentrates and other medical marijuana products, adult patients may purchase up to 6,000 milligrams of THC during a 30-day period.
Cannabinoid edible products are included within that 6,000-milligram allowance but have an additional daily purchase limit of 310 milligrams of THC.
How Much Medical Marijuana Can a Patient Possess?
The standard possession limit for an adult patient is 3 ounces of dried marijuana flower.
Patients with cancer who have been authorized for an enhanced allowance may possess up to 7.5 ounces.
Patients may possess up to 500 milligrams of THC in cannabinoid edible products.
North Dakota Health and Human Services says there is no separate possession limit for concentrates and other medical cannabinoid products, although the 30-day purchasing limit still applies.
What Types of Medical Marijuana Are Available in North Dakota?
North Dakota’s Medical Marijuana Program allows several product types, including marijuana flower for adult patients, concentrates and extracts, solutions, capsules, topicals, transdermal patches and cannabinoid edibles.
Concentrates may include products such as vapor products, wax, shatter and other extracts.
Cannabinoid edibles were added to the medical program effective August 1, 2025. State law limits them to qualifying soft or hard lozenges in a square shape, with no more than 5 milligrams of THC per serving and 50 milligrams per package.
Patients younger than 19 cannot possess marijuana flower, and pediatric medical marijuana products may not exceed 6% THC.
Can Medical Marijuana Patients Smoke Flower in North Dakota?
Adult medical marijuana patients may purchase dried marijuana leaves and flower in a combustible delivery form.
Smoking and vaping medical marijuana are still subject to North Dakota’s tobacco smoking and vaping laws and the restrictions contained in the medical marijuana statute.
For example, medical marijuana cannot be possessed or consumed on school grounds, at correctional facilities and in certain other protected locations. Smoking or vaporizing medical marijuana is also not protected when the smoke or vapor would be inhaled by a minor who is not the patient.
Can Medical Marijuana Patients Grow Marijuana at Home?
No.
North Dakota does not allow registered medical marijuana patients or designated caregivers to cultivate marijuana at home.
The state’s medical program authorizes production through registered manufacturing facilities rather than personal patient cultivation.
There is therefore no legal personal plant allowance for either recreational consumers or medical marijuana patients.
What Are the Benefits of a North Dakota Medical Marijuana Card?
The primary benefit is legal access to marijuana that would otherwise remain prohibited under North Dakota law.
Registered patients may purchase flower and other marijuana products from the state’s licensed dispensaries and possess substantially greater amounts than people outside the medical program without facing the ordinary marijuana possession penalties.
Cancer patients may also receive authorization for enhanced flower limits of up to 6 ounces purchased during 30 days and 7.5 ounces possessed at one time.
Patients should be aware of an unusually strict North Dakota rule: Health and Human Services says a North Dakota medical marijuana card protects only marijuana and marijuana products purchased from one of the state’s registered dispensaries. Marijuana obtained elsewhere is not protected by the program.
How Many Medical Marijuana Dispensaries Are in North Dakota?
North Dakota currently has eight registered medical marijuana dispensaries.
They are located in:
- Bismarck
- Grand Forks
- Devils Lake
- Jamestown
- Dickinson
- Minot
- Fargo
- Williston
North Dakota does not have recreational dispensaries.
Does North Dakota Accept Out-of-State Medical Marijuana Cards?
North Dakota now provides a process for qualifying nonresidents, but visitors cannot simply use an out-of-state card directly at a dispensary.
A nonresident who holds a valid medical marijuana card issued by their state of residence may apply for a North Dakota medical marijuana card. If approved, the North Dakota card is valid for 60 days.
Adult nonresident applicants must generally be at least 19 years old and submit their out-of-state marijuana card and identification issued by the same jurisdiction.
Once approved, the patient may purchase through North Dakota’s registered dispensaries.
Can You Bring Medical Marijuana Into North Dakota From Another State?
Patients should not bring marijuana purchased in another state into North Dakota.
North Dakota Health and Human Services specifically states that even a person with a North Dakota medical marijuana card is protected only for marijuana purchased from one of the state’s eight registered dispensaries.
Transporting marijuana across state lines also remains prohibited under federal law.
Qualifying visitors should use North Dakota’s nonresident registration process and obtain products from a registered North Dakota dispensary.
Is Medical Marijuana Taxed in North Dakota?
Yes.
Medical marijuana does not qualify for North Dakota’s prescription-drug sales tax exemption and is subject to sales tax.
North Dakota’s general state sales tax rate is 5%, and applicable city or county sales taxes may also apply depending on where the purchase occurs.
Unlike many recreational marijuana states, North Dakota does not impose a separate marijuana-specific retail excise tax because recreational marijuana sales are not legal.
Can You Use Marijuana in Public in North Dakota?
Recreational marijuana use remains illegal.
Registered medical patients receive legal protections for compliant medical use, but those protections do not apply everywhere.
The medical marijuana law specifically restricts possession or consumption on school buses, school property, during school-sanctioned events, on correctional-facility grounds and at child care facilities except where specifically authorized.
Property owners are also not required to allow marijuana possession or consumption on their premises.
Can You Drive After Using Marijuana in North Dakota?
No.
Driving or otherwise operating a motor vehicle, aircraft, train or motorboat while under the influence of marijuana remains illegal.
North Dakota’s medical marijuana law does provide one important protection: a registered patient cannot be considered impaired solely because marijuana metabolites or components are present at concentrations insufficient to cause impairment.
A medical marijuana card does not otherwise provide a defense for impaired driving.
Are Medical Marijuana Patients Protected at Work?
North Dakota’s medical marijuana law provides limited employment protections.
The law does not prohibit an employer from disciplining an employee for possessing or consuming marijuana in the workplace, working while under the influence or working with marijuana in the employee’s system.
Patients should therefore not assume that registration overrides workplace drug policies.
Federal employment rules may also apply in federally regulated occupations.
What Changed With North Dakota Marijuana Laws in 2026?
North Dakota did not legalize recreational marijuana in 2026, and the state’s basic recreational possession penalties remain unchanged.
The Medical Marijuana Program continued implementing changes enacted during the 2025 legislative session, including cannabinoid edible products, two-year patient registrations, nonresident patient registration and expanded medical marijuana limits.
North Dakota Health and Human Services has also adopted updated administrative regulations scheduled to take effect October 1, 2026.
Among the changes, the regulations update provisions governing patient cards and medical marijuana businesses and expressly prohibit consumption of usable marijuana on dispensary premises.
Because those administrative-rule changes do not take effect until October 1, they are not yet operative as of this page’s September 13 update.
Frequently Asked Questions About North Dakota Marijuana Laws
Is recreational marijuana legal in North Dakota?
No. Recreational marijuana remains illegal.
How much marijuana can you possess in North Dakota?
There is no legal recreational possession amount. Possession of less than one-half ounce is an infraction, while larger amounts carry misdemeanor penalties.
Is possession of less than half an ounce a crime?
North Dakota classifies possession of less than one-half ounce of marijuana as an infraction rather than a misdemeanor or felony.
Is medical marijuana legal in North Dakota?
Yes. Registered qualifying patients may legally purchase and possess medical marijuana obtained from North Dakota’s registered dispensaries.
How much medical marijuana can patients buy?
Adult patients generally may purchase up to 2.5 ounces of flower every 30 days and up to 6,000 milligrams of THC in other qualifying products during the same period.
How much medical marijuana can patients possess?
The standard flower possession limit is 3 ounces. Qualifying cancer patients with enhanced authorization may possess up to 7.5 ounces.
Can medical marijuana patients grow marijuana at home?
No. North Dakota does not authorize patient or caregiver home cultivation.
Are medical marijuana edibles legal?
Yes. North Dakota allows qualifying cannabinoid edible products with up to 5 milligrams of THC per serving and 50 milligrams per package.
Does North Dakota accept out-of-state medical marijuana cards?
Out-of-state patients may apply for a temporary North Dakota medical marijuana card. An out-of-state card by itself does not provide full North Dakota patient privileges.
Is medical marijuana taxed?
Yes. Medical marijuana is subject to North Dakota’s 5% state sales tax plus applicable local sales taxes.
