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Cannabis in North Dakota

North Dakota legalized medical cannabis in 2016 and began sales to registered patients through licensed dispensaries in 2019.

Overview of Key North Dakota Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? No

Personal Laws

North Dakota has decriminalized cannabis under certain limits. Possessing 0.5 oz. or less of cannabis is considered a criminal infraction and includes a maximum fine of up to $1,000 but no jail time.

Personal Possession

Overall Possession: Up to 0.5 oz. (criminal infraction with up to a $1,000 fine)

Registered Medical Marijuana Patient Possession: Patients and designated caregivers with a valid ID card can purchase the following in a 30-day period:

  • Up to 2.5 ounces dried leaves and flowers (patients with the debilitating medical condition of cancer may be authorized by their healthcare provider to purchase up to 6 oz. of dried leaves and flowers.)
  • Up to 4000 mg THC total of other products

Non-North Dakota Resident Purchases and Possession: North Dakota does not have medical cannabis reciprocity with other states, so overall possession rules and penalties apply to non-residents.

Personal Growing

Personal growing is not allowed in North Dakota.

Registered Medical Patient Growing: None

Medical Cannabis Patient Qualification and Registry

Patients in North Dakota must get a medical cannabis certification from a health care provider with whom they have a bona fide relationship. The following things must occur in a bona fide relationship per the state:

  • The provider has reviewed past medical records and created and maintained their own medical records for the patient.
  • The provider has completed an in-person medical evaluation of the patient.
  • The patient is under the provider’s continued care for the debilitating medical condition(s) that qualified the patient for the program.
  • The patient will have follow-up care and will be monitored while in the program.
  • The patient is not seeing the provider for the sole purpose of having a written certification completed. Instead, the patient has established care with the provider for care of their debilitating medical condition(s).

Qualifying medical conditions include:

  • A Terminal Illness
  • Acquired Immune Deficiency Syndrome
  • Agitation of Alzheimer’s Disease or related Dementia
  • Amyotrophic Lateral Sclerosis
  • 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
  • Positive Status for Human Immunodeficiency Virus
  • Post-traumatic Stress Disorder
  • Rheumatoid Arthritis
  • Spinal Stenosis or chronic back pain, including neuropathy or damage to the nervous tissue of spinal cord with objective neurological indication of intractable spasticity
  • 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.

Business Laws

Vertical integration or “license stacking” is required, which means an entity must operate multiple businesses across the North Dakota supply chain (i.e., manufacturer and cultivator). Licensed Compassion Centers (dispensaries) began operating in 2019 in eight geographic regions established by the North Dakota Department of Health.

License Types

  1. Compassion Center License – Manufacturer/Grower
  2. Compassion Center License – Dispensary

License Fees

Compassion Center Manufacturer/Grower: $5,000 application fee and $110,000 registration fee

Compassion Center Dispensary: $5,000 application fee and $90,000 registration fee

License Timeline

The state is not currently accepting license applications. The eight dispensaries and two manufacturing facilities allowed under North Dakota law are already licensed and in operation.

Testing

Cannabis testing is required in North Dakota. The state awarded a contract to Keystone State Testing (doing business as Dakota State Testing) to do all cannabis testing for the state’s Medical Marijuana Program.

Training

North Dakota does not require specific training for license holders or employees.

Learn More about Cannabis in North Dakota and How to Work or Start a Business in the North Dakota Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in North Dakota and across the country. Follow the link to register for an upcoming seminar.

Sources and More Information

Data current as of 1/3/20.