Overview & Legal Status
North Dakota has an active medical cannabis programme under Measure 5 (2016); NDCC § 19-24.1. Adult-use Measure 2 (2022) failed at the ballot with only 45% support. Adult-use possession remains a criminal offence.
Regulatory Framework
- Compassion Centre Licence: Vertically integrated; cultivate, process, and dispense — up to 8 locations; only 8 licences total statewide
- Manufacturing Licence: Part of Compassion Centre vertical — edibles, extracts, tinctures
Licensing
Available Licence Types
- Cultivator / Grower Licence — commercial cannabis/hemp cultivation; canopy and operational requirements set by state regulator
- Background checks and financial requirements mandatory for all principals
- Local zoning approval typically required in addition to state licence
- Processor / Manufacturer Licence — production of extracts, edibles, capsules, topicals, and other cannabis-derived products
- Dispensary / Retail Licence (Medical) — sale of cannabis products to registered patients
- Minimum distance from schools, daycares, and youth facilities required
- State licence + local approval typically required
- Adult-Use Retail Licence — not available — adult-use illegal in this state
- Delivery Licence — patient home delivery; availability varies
- Testing Laboratory Licence — independent ISO/IEC 17025 accredited laboratory
- Hemp / Industrial Hemp Licence — cultivation and processing of hemp (≤0.3% THC) under USDA-approved state plan
- Compassion Centre Licence — Vertically integrated; cultivate, process, and dispense — up to 8 locations; only 8 licences total statewide
- Manufacturing Licence — Part of Compassion Centre vertical — edibles, extracts, tinctures
- No Delivery Licence — Home delivery not permitted in ND
- Hemp Licence — NDDA — North Dakota Dept. of Agriculture hemp grower/handler
Taxation
Medical Cannabis TaxNo cannabis excise; standard 5% ND sales tax applies
State Sales Tax
5%
ND rate on medical cannabis
Local Sales Tax
0–2%
City option
Adult-Use
N/A
Illegal — no tax
Hemp/CBD
5%
Standard ND sales tax
Consumer & Business Implications
- No cannabis-specific excise in North Dakota — 5% sales tax applies to medical cannabis
- No local cannabis tax authority beyond standard city sales tax
- IRS § 280E applies to cannabis businesses federally
Advertising
Advertising Regulations
- Targeting minors strictly prohibited: No advertising where >30% of audience is under 21; no cartoons, toys, candy imagery
- No advertising within 500–1,000 ft of schools, daycares, playgrounds (varies by state)
- Required disclaimers on all advertising: 'For medical/adult use only. Keep out of reach of children.' Licence number required.
- Social media & digital: Age-gating required; audience verification; no general public targeting
- Platforms (Google, Meta) restrict cannabis ads; use compliant cannabis-specific ad networks
- No false health claims — unsubstantiated efficacy or medical benefit claims prohibited
- Compassion Centres restricted from advertising to general public — patient-only programme
- No advertising near schools or youth facilities
- Required: 'For registered ND medical cannabis patients only.' Licence number on all materials
Workplace Rules
Employee Rights & Employer Obligations
- No employment protections for medical cannabis patients in North Dakota
- NDCC § 19-24.1 does not require employer accommodation of cannabis use
- Drug-free workplace policies fully enforceable; positive cannabis test valid grounds for termination
- Safety-sensitive positions always exempt — employers may enforce zero-tolerance for CDL drivers, heavy equipment operators, healthcare workers
- DOT-regulated employees subject to federal testing requirements regardless of state law
- On-duty impairment is never protected — all states allow prohibition of cannabis use during work hours
- Federal contractors must comply with Drug-Free Workplace Act (41 U.S.C. § 8101 et seq.)
Possession & Transactions
Medical Patient Possession6 dispensing units per 14-day period (unit size varies by form)
6 units
Per 14-day period
0
Adult-use — illegal
Medical Card
Required
8
Total compassion centres
Medical Patient Possession
- Registered patients may purchase and possess 6 dispensing units per 14-day period
- Units defined by product form: e.g., 1 unit = 3.5 g flower equivalent
- Must carry ND Medical Marijuana ID card at all times
- Products only from ND-licensed Compassion Centres
Adult-Use Possession
- Any marijuana possession is illegal — no decriminalisation in ND
- ½ oz or less — Class B Misdemeanour: up to 30 days, $1,500 fine
- More than ½ oz — Class A Misdemeanour or Felony
- Marijuana is a Schedule I controlled substance under NDCC § 19-03.1
Transaction Rules
- Medical: 19+ (ND adult age) with valid ND Medical Marijuana ID + government photo ID
- No adult-use retail — medical only
- Caregiver purchases: registered caregivers may buy for patients
Product Testing
Testing Requirements
- Mandatory potency testing: Total THC, THCA, CBD, CBDA — all products before sale
- Contaminant testing: Pesticides, heavy metals (Pb, Cd, As, Hg), microbials (E. coli, Salmonella, Aspergillus), mycotoxins, residual solvents
- Approved laboratories: State-licensed, ISO/IEC 17025 accredited; independent of producers and retailers
- Certificate of Analysis (COA) must accompany each batch; accessible to patients/consumers on request
- All Compassion Centre products tested at ND Dept. of Health approved labs
- Potency (THC/CBD), pesticides, microbials, heavy metals required
- COA must be accessible; ISO 17025 accreditation required
Medical Cannabis Programme
Qualifying Medical Conditions
- Cancer, HIV/AIDS, hepatitis C, ALS, PTSD
- Agitation of Alzheimer's, glaucoma, severe debilitating pain
- Spinal cord injury/disease with chronic spasms
- Epilepsy, MS, Crohn's, cachexia
- Nausea or severe vomiting
- Physician discretion for debilitating conditions — some flexibility
Medical Possession6 dispensing units per 14-day period
Programme Rules & Prescription Duration
- ND-licensed physician certification required; annual renewal
- Patient card from ND Dept. of Health — annual renewal
- No minor patients unless caregiver arrangement and dual physician certification
- Out-of-state cards not recognised
- No home cultivation for patients or anyone else
Adult-Use Cannabis
Adult-use cannabis is fully illegal in North Dakota. Measure 2 (November 2022) — the ballot initiative for adult-use legalisation — received approximately 45% of the vote and was defeated.
Differences from Medical Use
- Medical programme exists but is very limited (8 licensed entities)
- Adult-use has no legal pathway; any possession criminal
- No adult-use tax framework has been developed
Local Ordinances
- No ND municipalities have enacted decriminalisation
- Fargo, Bismarck, and Grand Forks enforce state law
- Legislative prospects for adult-use limited following 2022 ballot defeat
Penalties
Possession Offences
- ½ oz or less: Class B Misdemeanour — up to 30 days, $1,500 fine
- More than ½ oz – ½ lb: Class A Misdemeanour — up to 360 days, $3,000 fine
- More than ½ lb: Class C Felony — up to 5 years
Sale & Distribution
- Sale (any amount): Class C Felony minimum — up to 5 years, $10,000 fine
- Near school or to minors: Enhanced penalties — Class B Felony
- Trafficking: Class A Felony — up to 20 years
DUID — Driving Under Influence of Cannabis
- Driving under the influence of cannabis is illegal in all states
- First offence: typically misdemeanour — fines, possible jail, licence suspension, substance abuse programme
- Repeat offences: enhanced penalties; possible felony in some states
⚠️ Adult-Use Cannabis — Important Warnings
- Adult-use cannabis is NOT legal in North Dakota. Possession, sale, and cultivation outside the medical programme remains a criminal offence.
- Medical cannabis patients must carry their state-issued registry card at all times when possessing cannabis.
- Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
- Do not drive or operate machinery while impaired by cannabis — DUID laws are strictly enforced.
- Airports operate under federal jurisdiction — carrying cannabis through airports is prohibited.
- Cannabis is prohibited on all federal lands (national parks, forests, federal buildings).
- Keep all cannabis and CBD products out of reach of children and pets.
- Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.
🚨 Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in North Dakota change frequently — always verify current statutes with official North Dakota government sources or consult a qualified attorney licensed in North Dakota.
- Information reflects laws known as of March 15, 2026 — subject to legislative change.
- Local city and county ordinances may impose additional restrictions beyond state law.
- Federal law supersedes state law in all federal jurisdictions and employment contexts.
- CannBus accepts no liability for actions taken based on information on this page.
📚 References & Sources
- NDCC § 19-24.1 — North Dakota Medical Marijuana Act (Measure 5, 2016)
- ND Dept. of Health Medical Marijuana — hhs.nd.gov/health/medical-marijuana
- NDCC § 19-03.1 — Controlled Substances Act
- Measure 2 (2022) — Adult-Use Ballot Initiative (defeated)
- Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026 ·
Cannabis Laws · www.cannbus.org