Cannabis in North Dakota

Cannabis in North Dakota concerns the drug cannabis in North Dakota, United States, where cannabis was legalized for medical purposes in 2016 but remains illegal for recreational purposes. Possession of small recreational amounts is an infraction punishable by no jail time and a maximum fine of $1,000. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%.

Prohibition

Marijuana was made illegal in North Dakota in 1933; Oklahoma made it illegal the same year, and South Dakota in 1931. In May 2019, it was decriminalized in the state, with possession of half an ounce or less resulting in a fine instead of jail time.

Medical marijuana

Failed attempts (2015)

In 2015, House Bill 1430 attempted to establish a medical marijuana framework, but was voted down at 26-67 in February. Members of the House Human Services Committee stated: “We just felt that the concerns and the risks at this point in time outweigh the potential benefits … for a small group that feels that none of the currently available drugs work". Following the bill's failure, Fargo resident Rilie Ray Morgan began the process of preparing a ballot initiative to legalize medical marijuana for the 2016 general election.

Medical legalization (2016)

In 2016, North Dakota voters approved Measure 5, establishing a medical cannabis program for their state. In 2017, both houses of the state legislature passed changes to Measure 5, including removal of a provision allowing medical users to grow their own marijuana. The changes also required that a medical professional specifically recommend smoking as a method of using marijuana in some cases. Some backers of the ballot initiative were displeased with the legislation, saying that some of the regulations were not justifiable. The bill passed both houses of the ND State Legislature with the required two-thirds majority. As of July 10, 2018, the North Dakota Department of Health has opened an application window for medical cannabis dispensary licenses in the Bismark and Fargo areas.

Medical Marijuana Program

Effective April 18, 2017, the North Dakota Department of Health established and implemented a medical marijuana program to allow the production, processing, sale, dispensing, and medical use of marijuana by qualifying patients and caregivers. In May 2018, Pure Dakota LLC and Grassroots Cannabis were selected to run the two manufacturing facilities allowed under the program's rules.

Failed recreational referendum

North Dakota residents voted on an initiative to legalise recreational marijuana at the same time as the 2018 midterms. The measure was rejected 59% to 41%.

Polling

A late-2014 poll conducted by the University of North Dakota found that North Dakotans favored medical marijuana 47-41, but were against legalizing recreational marijuana, 24-68. A 2018 poll showed that North Dakotans favored the recreational marijuana ballot initiative 46-39 with 15 percent undecided.

Legislation

Personal use possession of half an ounce or less is an infraction punishable by a maximum fine of $1,000 and no jail time. Personal use possession of half an ounce - 500 grams is a Class B misdemeanor punishable by a maximum sentence of 30 days incarceration and a maximum fine of $1,500. Personal use possession of more than 500 grams is a Class A misdemeanor punishable by up to 1 year in jail and a maximum fine of $3,000. Possession within 1,000 feet of an elementary or secondary school or a public career and technical education school is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000.