North Dakota Cannabis Laws

Is cannabis legal in North Dakota?

North Dakota has a medical marijuana program, but adult use of cannabis is prohibited. Only medical marijuana patients may legally purchase and consume cannabis in ND.

What are the medical marijuana laws in North Dakota?

Medical cannabis laws in ND

2016

North Dakota voters approve of Measure 5, known as the “North Dakota Compassion Act”. State Bill 2344 (SB 2344) removes the ability for people to grow their own cannabis. Patients may possess up to 3 ounces of herbal cannabis. For concentrates and infused products, the maximum possession limit is 2,000 mg over a 30 day period.

Recreational cannabis laws in ND

Non-medical, recreational, adult-use marijuana is currently illegal in North Dakota. Possession of small amounts is a misdemeanor crime. Cultivating hemp that contains 0.3% THC or less is currently legal in North Dakota.

What medical conditions qualify for a Medical Marijuana Card in North Dakota?

The North Dakota law lists the following medical conditions as qualifiers for a medical cannabis card:

• AIDS/HIV
• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis aka Lou Gehrig’s Disease
• Cancer
• Chronic Pain
• Cirrhosis (caused by Hepatitis C)
• Crohn’s Disease
• Dementia
• Epilepsy
• Failure to Thrive/Cachexia/Wasting Syndrome
• Fibromyalgia
• Glaucoma
• Nausea
• Post-Traumatic Stress Disorder (PTSD)
• Spinal Stenosis

How do I get certified for medical cannabis in North Dakota?

You can get your North Dakota Medical Marijuana Card in 4 simple steps:

1. Register online with Leafwell (opening soon) – You can speak to a doctor and qualify for a North Dakota medical marijuana card online. The cost of the online consultation is $199. You are only billed if approved.
2. Attend your appointment and discuss with your physician why you would like an MMJ Card –   The doctor will ask you questions based on your medical history and provide you with advice and guidance on whether medical marijuana is a good choice for you. If you are approved, your certificate is automatically inputted into the state’s DoH and medical marijuana registry.
3. Complete the Application on the government website, the North Dakota Department of Health Division of Medical Marijuana – This process takes place on the North Dakota government website. You will need to upload your ID and fill in the application. There is a $50 application fee.
4. Receive your medical marijuana card – If approved, you will receive your medical marijuana card in the mail within 7 days from the state (please note that Leafwell does not send you a card). Your certificate will be valid for one year from the date of issue. You can also use your mobile as an ID Card via the new feature from the government.

Patients must be 19 years-old or over in order to undergo a medical cannabis evaluation and qualify for a medical marijuana ID card of their own in North Dakota. Those under this age (19) will need to fill out a separate application form and have a caregiver over the age of 21 apply as well, and they must be involved in care for the patient.

Is telemedicine allowed for medical cannabis consultations in North Dakota?

It is now no longer possible to get certified for medical cannabis online in North Dakota.

How much cannabis can I possess in North Dakota with an MMJ Card?

• Possession Limit (Cannabis Flower): Up to 3 oz. per month. For cancer patients, the physician may increase possession limit to 6 oz.
• Possession Limit (Cannabis Concentrates): Up to 2,000 mg of THC per month. This includes edibles, tinctures, oils, pills/capsules and other forms of concentrated cannabis.

Is it legal to grow cannabis in North Dakota?

No, you cannot cultivate marijuana in North Dakota even if you have an MMJ Card. This provision was removed by lawmakers by the passage of SB 2344.

Does North Dakota accept out-of-state cards?

North Dakota does not recognize out-of-state medical marijuana cards, so does not have medical cannabis reciprocity.

Will my North Dakota card be accepted in other states?

North Dakota medical marijuana cards are seen as valid by some other states with medical marijuana reciprocity.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• US Virgin Islands
• Utah
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

• Arkansas
• California
• Hawaii
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in North Dakota?

An employer may discipline an employee for possessing, using, or being under the influence, in the workplace, even when the individual is a legal medical marijuana patient. Companies are within their rights to disallow cannabis use, even for medical marijuana patients. There are no specific protections for out-of-work-hours medicinal cannabis use.

What are the medical cannabis product testing requirements in North Dakota?

Labs are subject to demands for random testing from the North Dakota Department of Health at any time—at their expense. Cannabis must be tested for pesticides and pesticide residue, microbiological contaminants and mycotoxins, pollutants and heavy metals, water activity and moisture content, and cannabinoid content.

Where is it safe to purchase cannabis in North Dakota?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

Where is it safe to consume marijuana in North Dakota?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.