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.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Administrative offence [1] |
| Quantity limitsPersonal use by an adult | Less 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 adult | Prohibited [1] |
| Sale to consumersPersonal use by an adult | Prohibited [1] |
| Medical cannabisPersonal use by an adult | Legal for medical use [2] |
| VisitorsPersonal use by an adult | Foreigners expressly covered [2] |
| Driving after cannabis usePersonal use by an adult | It 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
- North Dakota Legislative Council: North Dakota Century Code, Chapter 19-03.1 (Uniform Controlled Substances Act) (consulted 9 October 2026) · all sources
- North Dakota Legislative Council: North Dakota Century Code, Chapter 19-24.1 (Medical Marijuana) (consulted 9 October 2026) · all sources
- 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 use | Criminal offence (source: U.S. Government Publishing Office (govinfo)) |
|---|---|
| Growing at home | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
| Sale to consumers | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
North Dakota and neighbouring states
| State | Possession for personal use | Growing at home | Sale to consumers | Use or carrying in public places | Medical cannabis | Visitors |
|---|---|---|---|---|---|---|
| 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
- Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph; 65 mph if posted
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (restricted licence at 15) · Earliest age to drive a car supervised: 14 (instruction permit)
- E-bikes and speed pedelecsLegal class: Three classes
- FireworksConsumers may buy and use category F2 fireworks: Limited list of items only · Minimum age to buy: 12
- Knives and pepper sprayFolding pocket knives: Not named if blade under 6 in · Locking or one-handed knives: Switchblade/gravity knives named
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $7.25 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (texting only) · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.