Is Marijuana Legal in North Dakota?

Cannabis for medical purposes is legal in North Dakota. Recreational marijuana is illegal, as are delta-8 THC and other minor cannabinoids manufactured from CBD.

Home cultivation is prohibited for all North Dakotan residents, including medical cannabis cardholders. Edible cannabis products are not approved in the state and are not sold at medical dispensaries.

Medical Marijuana Laws in North Dakota

North Dakota’s medical cannabis program was established in 2016 when the ballot measure Initiated Statutory 5 passed. Registered patients and caregivers can possess up to 3 ounces of cannabis (though this limit can be expanded per a doctor’s recommendation) and purchase up to 7.5 ounces from a dispensary every 30 days.

Most cannabis products are available in North Dakota’s medical dispensaries, except for edible cannabis products. As recently as March 2023, two bills, HB 1202 and HB 1164, that would have made edibles legal in North Dakota failed to pass.

Cardholders must pay a 5% sales tax on any cannabis products purchased from a dispensary. Medical marijuana patients are not permitted to grow their own cannabis in North Dakota.

Penalties for possessing, using, and distributing cannabis without a medical card include jail time and fines. Jail time ranges from 30 days to 10 years, and fines up to $20,000 depending on the severity of the offense.

What to Know About About Medical Cannabis in North Dakota

Medical cannabis programs differ from state to state and are subject to constant change, so it’s vital to remain current on your state’s regulations. One of the main distinctions in North Dakota is that edible marijuana products are illegal.

Qualifying Conditions

To qualify for a medical cannabis card in North Dakota, patients must receive a doctor’s recommendation and have one of the following debilitating conditions:

• AIDS/HIV
• Agitation of Alzheimer’s Disease or related Dementia
• Amyotrophic Lateral Sclerosis (ALS)
• Anorexia nervosa
• Anxiety disorder 
• Autism spectrum disorder 
• Brain injury 
• Bulimia nervosa 
• Cancer 
• Crohn’s disease 
• Decompensated Cirrhosis caused by Hepatitis C 
• Ehlers-Danlos syndrome 
• Endometriosis 
• Epilepsy 
• Fibromyalgia 
• Glaucoma 
• Interstitial cystitis 
• Migraine
• Neuropathy 
• Post-traumatic stress disorder 
• Rheumatoid arthritis 
• Spinal Stenosis or chronic back pain, including neuropathy or damage to the nervous tissue of the spinal cord with an objective neurological indication of intractable spasticity
• Terminal Illness
• Tourette syndrome
• A chronic or debilitating disease or medical condition or treatment for such disease or medical condition that produces one or more of the following:
  • Cachexia or wasting syndrome
  • Severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects
  • Intractable nausea 
  • Seizures 
  • Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

Telemedicine Is Allowed

You can get certified for your MMJ card online. While Leafwell is not active in the state yet, we are coming to North Dakota soon!

Join our waitlist to be notified when we’re up and running in ND. Once we’re live, you can speak to a doctor and qualify for a North Dakota medical marijuana card online.

North Dakota Does Not Have Reciprocity Laws

North Dakota does not recognize out-of-state medical marijuana cards. The following states and U.S. territories, however, do offer reciprocity to non-resident visitors:

• Arizona
• Alaska ^
• Arkansas *
• California ^
• Colorado ^
• Connecticut ^
• Delaware ^
• Guam
• Hawaii *
• Illinois ^
• Maine
• Maryland ^ (as of July 2023)
• Massachusetts
• Michigan (qualifying state must also have reciprocity with Michigan)
• Missouri ^
• Montana
• Nevada
• New Hampshire
• New Jersey *
• New Mexico * (recreational cannabis is legal in NM)
• New York ^
• Oklahoma *
• Oregon ^
• Pennsylvania (minors only)
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah (max. 45 days, after which the patient must apply for a Utah MMJ card)
• Vermont ^
• Virginia ^
• Washington ^
• Washington D.C.

States marked with * require visitors to complete a visiting patient application for the duration of their stay.

States marked with ^ have adult use programs but do not accept out-of-state cards.

Can You Grow Cannabis In North Dakota?

Cultivation or home grow is illegal in North Dakota. Patients must purchase their medicine from a licensed dispensary.

The Bottom Line

Medical cannabis is legal in North Dakota. Cannabis possession and use for recreational purposes is illegal, along with delta-8 THC and other minor cannabinoids manufactured from hemp-derived CBD. Home cultivation of cannabis is not allowed in the state, and edible forms of cannabis are prohibited in medical dispensaries.