Is marijuana legal in North Dakota?
Only for medical use. As of 2026, North Dakota allows registered patients to buy and possess medical marijuana (weed). Recreational marijuana is not legal, though possessing less than half an ounce is an infraction.
Status checked November 4, 2026
Contents
Marijuana laws in North Dakota
North Dakota voters approved medical marijuana through Initiated Measure 5 on November 8, 2016. The current program is North Dakota Century Code chapter 19-24.1. Recreational marijuana is not legal. Under N.D.C.C. 19-03.1-23, possessing less than one-half ounce of marijuana is an infraction. One-half ounce to 500 grams is a class B misdemeanor, and more than 500 grams is a class A misdemeanor.
A qualifying patient needs a written certification and a registry identification card from the North Dakota Department of Health and Human Services. Patients may possess up to three ounces of dried leaves or flowers bought from a registered dispensary. Patients with an enhanced cancer authorization may possess up to 7.5 ounces. In a 30-day period, patients may purchase up to 2.5 ounces of dried flower, or up to 6 ounces with that cancer authorization, plus up to 6,000 mg of THC in other products.
Home growing is not part of the medical program. Usable marijuana comes from registered compassion centers. Minors cannot have dried flower, and products for minors are limited to pediatric medical marijuana at no more than 6% THC.
Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
What the law says
Legal
- The department shall establish and implement a medical marijuana program under this chapter to allow for production and processing, the sale and dispensing of usable marijuana, and medical use of marijuana.
- Medical use of marijuana means the acquisition, use, and possession of usable marijuana to treat or alleviate a qualifying patient's debilitating medical condition.
Not legal
- A person may not produce or process or sell, possess, transport, dispense, or use marijuana or usable marijuana under the medical marijuana program unless the person is authorized to do so as a compassion center, a cardholder, or otherwise authorized by rule adopted under this chapter.
- A person who violates this subsection by possessing:
- Marijuana:
- In an amount of less than one-half ounce [14.175 grams] is guilty of an infraction.
Quoted from North Dakota Century Code Chapter 19-24.1.
How old do you have to be to use marijuana in North Dakota?
There's no legal age to buy recreational weed in North Dakota, because recreational marijuana is illegal at any age. Medical marijuana is different. A qualifying patient needs a written certification and a registry identification card from the Department of Health and Human Services. Minors can participate only through a registered designated caregiver, cannot have dried leaves or flowers, and are limited to pediatric medical marijuana. Using marijuana or tetrahydrocannabinol without medical authorization, if you are under 21, is a class B misdemeanor.
How much marijuana can you have in North Dakota?
If you have a North Dakota medical marijuana card, you can have up to three ounces of dried leaves or flowers bought from a registered dispensary. Patients with an enhanced cancer authorization may possess up to 7.5 ounces. At home or on you, those are the possession caps. Without a card, any marijuana is illegal: less than one-half ounce is an infraction, one-half ounce to 500 grams is a class B misdemeanor, and more than 500 grams is a class A misdemeanor. In a car, the same possession rules apply.
Where can you buy marijuana in North Dakota?
You can buy medical marijuana in North Dakota only at a registered dispensary, and only if you have a valid patient or designated-caregiver registry card. In a 30-day period, patients may purchase up to 2.5 ounces of dried leaves and flowers, or up to 6 ounces with an enhanced cancer authorization, plus up to 6,000 mg of THC in other products, including a daily edible cap of 310 mg of THC. You can't buy recreational weed anywhere in the state.
Can you grow marijuana at home in North Dakota?
No, you can't grow weed at home in North Dakota, even as a registered medical patient. Chapter 19-24.1 defines medical use as acquiring, using and possessing usable marijuana. Growing and processing are limited to registered manufacturing facilities, which may sell only to dispensaries. A person who is not a compassion center or cardholder is not authorized to produce marijuana under the program.
Where can you use marijuana in North Dakota?
You can use medical marijuana in North Dakota if you are a registered qualifying patient, in the forms allowed for you. Adults may use dried flower; minors may not, and are limited to pediatric medical marijuana. The program does not authorize use that lets smoke or vapor be inhaled by a minor. Recreational use is illegal. Driving under the influence of marijuana is a separate offense under North Dakota's driving laws.
How do you get a medical marijuana card in North Dakota?
To get a medical marijuana card in North Dakota, you must be a qualifying patient with a debilitating medical condition and a written certification from a health care provider. You apply to the Department of Health and Human Services for a registry identification card. The card is required before you can purchase, use or possess usable marijuana. A designated caregiver can also apply for a card to help a patient. Cards are valid for two years from the date of issuance.
Can visitors buy or use marijuana in North Dakota?
No. Out-of-state visitors can't buy marijuana in North Dakota without a North Dakota registry identification card. Recreational sales do not exist, and dispensaries may dispense usable marijuana only to a registered qualifying patient or that patient's registered designated caregiver after checking the verification system. Bringing marijuana in from another state is not protected by North Dakota's medical program and remains illegal under state and federal law.
What are the rules on driving and marijuana in North Dakota?
No, you can't drive high in North Dakota. It is illegal to drive under the influence of marijuana or another drug. Having a medical marijuana card is not a defense to a DUI charge. Officers assess impairment; North Dakota's DUI law covers controlled substances as well as alcohol.
Can an employer in North Dakota fire you for using marijuana?
Yes, you can get fired for smoking weed in North Dakota, including in many jobs if you are a medical patient. Chapter 19-24.1 does not require employers to allow marijuana use, possession or impairment at work, and it does not generally bar drug testing. Employers may keep drug-free workplace policies, especially for safety-sensitive work and jobs with federally required testing.
What are the penalties for breaking marijuana laws in North Dakota?
In North Dakota, possessing less than one-half ounce of marijuana without authorization is an infraction. Possessing one-half ounce to 500 grams is a class B misdemeanor, and more than 500 grams is a class A misdemeanor. Similar graduated penalties apply to tetrahydrocannabinol by weight. Selling or transferring usable marijuana as a patient to another person is a class B felony and disqualifies the person from the medical program. Unauthorized manufacture or delivery can be a felony.
Are CBD, hemp and delta-8 products legal in North Dakota?
Hemp that meets the federal and state hemp definition is not treated as marijuana in North Dakota's medical and controlled-substance chapters. Intoxicating products sold as delta-8 or THCA may still be treated as marijuana or tetrahydrocannabinol if they fall outside that hemp definition. Medical cannabinoid products must come from a registered dispensary. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in North Dakota?
Yes. Federal law still applies in North Dakota. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in North Dakota changed recently, or is it about to?
North Dakota's medical program is in place, and recreational marijuana is still not legal. No adult-use legalization date is set. The current possession penalties treat less than one-half ounce as an infraction. Product and purchase limits for medical patients, including the 2.5-ounce and enhanced cancer amounts, are set out in chapter 19-24.1 and Department of Health and Human Services guidance. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (8)
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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