Cannabis law in North Dakota (2026)

Last reviewed: 9 October 2026

In short: Possession of less than one-half ounce of marijuana in North Dakota is an infraction with a fine of up to $1,000 and no imprisonment; larger amounts are misdemeanours. Adult-use sales and home growing are not permitted. A medical programme with licensed compassion centres exists and accepts registration of non-residents with an out-of-state card.

RuleWhat applies
Possession for personal usePersonal use by an adultAdministrative offence [1]
Quantity limitsPersonal use by an adultLess than one-half ounce (14.175 g) of marijuana: infraction, maximum fine $1,000. One-half ounce up to 500 g: class B misdemeanour (up to 30 days and $1,500). More than 500 g: class A misdemeanour. [1]
Growing at homePersonal use by an adultProhibited [1]
Sale to consumersPersonal use by an adultProhibited [1]
Medical cannabisPersonal use by an adultLegal for medical use [2]
VisitorsPersonal use by an adultForeigners expressly covered [2]
Driving after cannabis usePersonal use by an adultIt is an offence to drive while under the influence of any drug to a degree that makes the driver incapable of driving safely. Being legally entitled to use the drug is no defence. [3]

Notes

  • Possession remains an offence prosecuted under the penal code, but the lowest tier (an infraction) carries no jail term. People aged under 21 who ingest marijuana commit a class B misdemeanour (§ 19-03.1-22.3(2)).
  • On a first offence involving one ounce or less, the court seals the record if there is no further violation within two years (§ 19-03.1-23(9)).
  • Only registered compassion centres may dispense, and a dispensary must first verify a valid registry identification card of a registered qualifying patient or designated caregiver (§ 19-24.1-21(4)).
  • A non-resident holding a valid out-of-state medical marijuana card may apply to the department for a North Dakota registry identification card, valid for sixty days. Nothing in the chapters read extends adult-use rights to visitors.

Sources

  1. North Dakota Legislative Council: North Dakota Century Code, Chapter 19-03.1 (Uniform Controlled Substances Act) (consulted 9 October 2026) · all sources
  2. North Dakota Legislative Council: North Dakota Century Code, Chapter 19-24.1 (Medical Marijuana) (consulted 9 October 2026) · all sources
  3. North Dakota Legislative Branch: North Dakota Century Code chapter 39-08 Reckless driving, aggravated reckless driving, driving under the influence (consulted 10 October 2026) · all sources

National rules that also apply

These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States

Possession for personal useCriminal offence (source: U.S. Government Publishing Office (govinfo))
Growing at homeProhibited (source: U.S. Government Publishing Office (govinfo))
Sale to consumersProhibited (source: U.S. Government Publishing Office (govinfo))

North Dakota and neighbouring states

StatePossession for personal useGrowing at homeSale to consumersUse or carrying in public placesMedical cannabisVisitors
North Dakota
Infraction under 1/2 oz (fine only)
Prohibited
Prohibited (medical centres only)
—
Registered patients, licensed centres
Out-of-state card holders (medical)
Minnesota
Legal for adults 21+, within limits
Yes: 8 plants, max 4 mature
Licensed sellers only
Private property or licensed venues
Medical registry programme
Source silent on visitors
Montana
Legal for adults 21+, within limits
Yes: 2 mature plants, 2 seedlings
Licensed dispensaries
Banned in public places
Medical programme (registered cardholders)
Visitors may buy; only residents grow
South Dakota
Criminal offence (misdemeanour up to 2 oz)
⚠ Not yet verified
Prohibited (medical dispensaries only)
—
Registered cardholders
Non-resident medical cardholders protected

More rules in North Dakota

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General information, not legal advice. Rules change: check the official source before you fly or ride.