A Guide to North Dakota Cannabis Laws

Allowable amount of usable marijuana means the amount of usable marijuana a registered qualifying patient or registered designated caregiver may purchase in a thirty-day period.

Except as provided under subdivision b:
- During a thirty-day period, a registered qualifying patient may not purchase or have purchased by a registered designated caregiver more than two and one- half ounces [70.87 grams] of dried leaves or flowers of the plant of genus cannabis in a combustible delivery form.
- At any time a registered qualifying patient, or a registered designated caregiver on behalf of a registered qualifying patient, may not possess more than three ounces [85.05 grams] of dried leaves or flowers of the plant of the genus cannabis in a combustible delivery form.
Notwithstanding subdivision a, if a registered qualifying patient has a registry identification card authorizing an enhanced allowable amount:
1. During a thirty-day period a registered qualifying patient may not purchase or have purchased by a registered designated caregiver more than six ounces [170.01 grams] of dried leaves or flowers of the plant of genus cannabis in a combustible delivery form.
1. At any time a registered qualifying patient, or a registered designated caregiver on behalf of a registered qualifying patient, may not possess more than seven and one-half ounces [212.62 grams] of dried leaves or flowers of the plant of the genus cannabis in a combustible delivery form.
A registered qualifying patient may not purchase or have purchased by a registered designated caregiver more than the maximum concentration or amount of tetrahydrocannabinol permitted in a thirty-day period. The maximum concentration or amount of tetrahydrocannabinol permitted in a thirty-day period for a cannabinoid concentrate or medical cannabinoid product, or the cumulative total of both, is four thousand milligrams.

Bona fide provider-patient relationship” means a treatment or counseling relationship between a health care provider and patient in which all the following are present:

The health care provider has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient.
- The health care provider has created and maintained records of the patient’s condition in accordance with medically accepted standards.
- The patient is under the health care provider’s continued care for the debilitating medical condition that qualifies the patient for the medical use of marijuana.
- The health care provider has a reasonable expectation that provider will continue to provide followup care to the patient to monitor the medical use of marijuana as a treatment of the patient’s debilitating medical condition.
The relationship is not for the sole purpose of providing written certification for the medical use of marijuana.

Cannabinoid capsule

Cannabinoid capsule means a small, soluble container, usually made of gelatin, which encloses a dose of a cannabinoid product or a cannabinoid concentrate intended for consumption. The maximum concentration of amount of tetrahydrocannabinol permitted in a serving of a cannabinoid capsule is fifty milligrams.

Cannabinoid concentrate

Cannabinoid concentrate means a concentrate or extract obtained by separating cannabinoids from marijuana by a mechanical, chemical, or other process.

Cannabinoid edible product

Cannabinoid edible productmeans a food or potable liquid into which a cannabinoid concentrate or the dried leaves or flowers of the plant of the genus cannabis is incorporated.

Cannabinoid solution

Cannabinoid solutionmeans a solution consisting of a mixture created from cannabinoid concentrate and other ingredients. A container holding a cannabinoid solution for dispensing may not exceed thirty milliliters.

Cannabinoid topical

Cannabinoid topical means a cannabinoid product intended to be applied to the skin or hair. The maximum concentration or amount of tetrahydrocannabinol permitted in a cannabinoid topical is six percent.

Cannabinoid transdermal patch

Cannabinoid transdermal patchmeans an adhesive substance applied to the skin which contains a cannabinoid product or cannabinoid concentrate for absorption into the bloodstream. The maximum concentration or amount of tetrahydrocannabinol permitted in a serving of a cannabinoid transdermal patch is fifty milligrams.

Debilitating medical condition

Cancer;
Positive status for human immunodeficiency virus;
Acquired immune deficiency syndrome;
Decompensated cirrhosis caused by hepatitis C;
Amyotrophic lateral sclerosis;
Posttraumatic stress disorder;
Agitation of Alzheimer’s disease or related dementia;
Crohn’s disease;
Fibromyalgia;
Spinal stenosis or chronic back pain, including neuropathy or damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity;
Glaucoma;
Epilepsy;
Anorexia nervosa;
Bulimia nervosa;
Anxiety disorder;
Tourette syndrome;
Ehlers-Danlos syndrome;
Endometriosis;
Interstitial cystitis;
Neuropathy;
Migraine;
Rheumatoid arthritis;
Autism spectrum disorder;
A brain injury;
A terminal illness; or
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; or
- Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

Medical cannabinoid product

Medical cannabinoid productmeans a product intended for human consumption or use which contains cannabinoids.

Medical cannabinoid products are limited to the following forms:
- Cannabinoid solution;
- Cannabinoid capsule;
- Cannabinoid transdermal patch; and
- Cannabinoid topical.
“Medical cannabinoid product” does not include:
- A cannabinoid edible product;
- A cannabinoid concentrate by itself; or
- The dried leaves or flowers of the plant of the genus cannabis by itself

Qualifying patients – Registration

A qualifying patient is not eligible to purchase, use, or possess usable marijuana under the medical marijuana program unless the qualifying patient has a valid registry identification card.
A qualifying patient application for a registry identification card is complete and eligible for review if an applicant submits to the department:
- A nonrefundable application fee in an amount not to exceed fifty dollars.
- An original written certification, which must include:The name, address, and telephone number of the practice location of the applicant’s health care provider;The health care provider’s North Dakota license number;
  - The health care provider’s medical or nursing specialty;
The applicant’s name and date of birth;
- The applicant’s debilitating medical condition and the medical justification for the health care provider’s certification of the patient’s debilitating medical condition;
- Attestation the written certification is made in the course of a bona fide provider- patient relationship;
- Whether the health care provider authorizes the patient to use an enhanced amount of the dried leaves or flowers of the plant of the genus cannabis in a combustible delivery form to treat or alleviate the patient’s debilitating medical condition of cancer; and
- The health care provider’s signature and the date.
- An original qualifying patient application for a registry identification card form established by the department which must include all of the following:
  - The applicant’s name, address, and date of birth.
  - The name, address, and date of birth of the applicant’s proposed designated caregiver, if any.
  - A photographic copy of the applicant’s North Dakota identification. The North Dakota identification must be available for inspection and verification upon request of the department. If the applicant is a minor, a certified copy of a birth record or a photographic copy of the minor’s North Dakota identification is required.
  - The applicant’s or guardian’s signature and the date, or in the case of a minor, the signature of the minor’s parent or legal guardian with responsibility for health care decisions and the date.
  - A disclosure that possession of a firearm by a person who possesses marijuana may be a violation of federal law.
- A signed consent for release of medical information related to the applicant’s debilitating medical condition, on a form provided by the department.
- A recent two-by-two inch [5.08-by-5.08 centimeter] photograph of the applicant.
- Any other information or material required by rule adopted under this chapter.
If the applicant is unable to submit the required application information due to age or medical condition, the individual responsible for making medical decisions for the applicant may submit the application on behalf of the applicant. The individual responsible for making medical decisions:
- Must be identified on the qualifying patient application for a registry identification card; and
- Shall provide a photographic copy of the individual’s department-approved identification. The identification must be available for inspection and verification upon the request of the department.
If the applicant is a minor, the department may waive the application or renewal fee if:
- The parent or legal guardian of the applicant is the applicant’s registered designated caregiver; and
- The applicant resides with the applicant’s registered designated caregiver.

Protections.

Except as provided in sections 19-24.1-20 and 19-24.1-33:

A registered qualifying patient is not subject to arrest or prosecution or the denial of any right or privilege, including a civil penalty or disciplinary action by a court or occupational or professional regulating entity for the acquisition, use, or possession of usable marijuana or related supplies under this chapter.
A registered designated caregiver is not subject to arrest or prosecution or the denial of any right or privilege, including a civil penalty or disciplinary action by a court or occupational or professional regulating entity:
- For assisting a registered qualifying patient with the acquisition, use, or possession of usable marijuana or related supplies under this chapter, if the registered designated caregiver is connected to the registered qualifying patient through the department’s registration process.
- For receiving compensation for costs associated with assisting a registered qualifying patient with the acquisition, use, or possession of usable marijuana or related supplies under this chapter, if the registered designated caregiver is connected to the registered qualifying patient through the department’s registration process.
It is presumed a registered qualifying patient is engaged in, or a registered designated caregiver is assisting with, the acquisition, use, or possession of usable marijuana or related supplies in accordance with this chapter if the registered qualifying patient or registered designated caregiver is in possession of a valid registry identification card and is not in possession of usable marijuana in an amount that exceeds what is authorized under this chapter. This presumption may be rebutted by evidence the conduct related to acquisition, use, or possession of usable marijuana or related supplies was not for the purpose of treating or alleviating the registered qualifying patient’s debilitating medical condition under this chapter.
A person is not subject to arrest or prosecution or the denial of any right or privilege, including a civil penalty or disciplinary action by a court or occupational or professional regulating entity, for being in the presence or vicinity of the medical use of marijuana authorized under this chapter.
A manufacturing facility is not subject to prosecution, search or inspection, or seizure, except by the department or a department designee, under this chapter for acting under this chapter to:
- Produce or process or to conduct related activities for the sole purpose of selling usable marijuana to a dispensary; or
- Transfer, transport, or deliver marijuana or usable marijuana to and from a department designee or manufacturing facility in accordance with this chapter.
A dispensary is not subject to prosecution, search or inspection, or seizure, except by the department or a department designee, under this chapter for acting under this chapter to:
1. Purchase usable marijuana from a manufacturing facility and conducting related activities for the sole purpose of dispensing usable marijuana, selling related supplies, and providing educational materials to registered qualifying patients and designated caregivers; or
Transfer usable marijuana to and from a department designee or related marijuana facility in accordance with this chapter.
A registered compassion center agent is not subject to arrest or prosecution or the denial of any right or privilege, including a civil penalty or disciplinary action by a court or occupational or professional regulating entity, for working or volunteering for a compassion center if the action performed by the compassion center agent on behalf of the compassion center is authorized under this chapter.
The sale and possession of marijuana paraphernalia by a dispensary is lawful if in accordance with this chapter.
The medical use of marijuana by a registered cardholder or the producing and processing and the dispensing of usable marijuana by a compassion center is lawful if in accordance with this chapter.
A health care provider is not subject to arrest or prosecution or the denial of any right or privilege, including a civil penalty or disciplinary action by a court or occupational or professional regulating entity, solely for providing a written certification or for stating in the health care provider’s professional opinion a patient is likely to receive therapeutic or palliative benefit from the medical use of usable marijuana to treat or alleviate the patient’s debilitating medical condition or for refusing to provide written certification or a statement. This chapter does not release a health care provider from the duty to exercise a professional standard of care for evaluating or treating a patient’s medical condition.
A cardholder or registered compassion center is not subject to arrest or prosecution for use of drug paraphernalia or possession with intent to use drug paraphernalia in a manner consistent with this chapter.
A person in possession of medical marijuana waste in the course of transporting or disposing of the waste under this chapter and rules adopted under this chapter may not be subject to arrest or prosecution for that possession or transportation.
A person in possession of marijuana, usable marijuana, or medical marijuana waste in the course of performing laboratory tests as provided under this chapter and rules adopted under this chapter may not be subject to arrest or prosecution for that possession or testing.

Limitations

This chapter does not authorize a person to engage in, and does not prevent the imposition of any civil liability or criminal liability or other penalties for engaging in the following conduct:

Undertaking an activity under the influence of marijuana if doing so would constitute negligence or professional malpractice.
Possessing or consuming usable marijuana:
- On a school bus or school van that is used for school purposes;
- On the grounds of any public or private school;
- At any location while a public or private school sanctioned event is occurring at that location;
- On the grounds of a correctional facility; or
On the grounds of a child care facility or licensed home day care, unless authorized under rules adopted by the department.
Undertaking any activity prohibited by section 23-12-09, 23-12-10, 23-12-10.2, 23-12-10.4, 23 12-10.5, or 23-12-11.
Using a combustible delivery form of usable marijuana or vaporizing usable marijuana under this chapter if the smoke or vapor would be inhaled by a minor who is not the registered qualifying patient for whom the usable marijuana is intended.
Operating, navigating, or being in actual physical control of a motor vehicle, aircraft, train, or motorboat, while under the influence of marijuana. However, a registered qualifying patient may not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.

Acts not prohibited – Acts not required

This chapter does not require:
- A government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of marijuana;
- A person in lawful possession of property to allow a guest, client, customer, or other visitor to possess or consume usable marijuana on or in that property;
- A landlord to allow production or processing on rental property; or
- A health care provider to provide a written certification or otherwise recommend marijuana to a patient.
This chapter does not prohibit an employer from disciplining an employee for possessing or consuming usable marijuana in the workplace or for working while under the influence of marijuana.

Facility restrictions

A basic care facility, nursing facility, assisted living facility, adult day care facility, or adult foster care home licensed in the state may adopt reasonable restrictions on the medical use of marijuana by residents or individuals receiving inpatient services, including:
- The facility will not store or maintain the registered qualifying patient’s supply of usable marijuana.
- The facility, caregivers, or hospice agencies serving the facility’s residents are not responsible for providing the usable marijuana for registered qualifying patients or assisting with the medical use of marijuana.
- Usable marijuana can be consumed by a method other than vaporizing or combustion.
- Consumption of usable marijuana is limited to a place specified by the facility.
A facility listed in subsection 1 may not unreasonably limit a registered qualifying patient’s medical use of marijuana as authorized under this chapter unless failing to do so would cause the facility to lose a monetary or licensing-related benefit under federal law or regulations.

North Dakota Marijuana Laws and Penalties

North Dakota Laws and Penalties
Offense	Penalty	Incarceration	Max. Fine
Possession
Less than 1/2 oz	Criminal Infraction	None	$1,000
More than 1/2 oz – 500 g	Misdemeanor	30 days	$1,500
More than 500 g	Misdemeanor	1 year	$3,000
Sale
Any amount	Felony	3 – 10 years	$20,000
Using a minor	Felony	10 years	$20,000
Any amount within 1000 feet of a school	Felony	20 years	$20,000
Hash & Concentrates
Ingesting	Misdemeanor	1 year	$3,000
Possession	Felony	1 year	$3,000
Manufacture or delivery	Felony	10 years	$20,000
Paraphernalia
Possession for personal use	Criminal Infraction	None	$1,000
Manufacture, delivery or advertisement of paraphernalia	Misdemeanor	1 year	$3,000
To a minor	Felony	5 years	$10,000
Miscellaneous
Any conviction requires the offender to undergo a drug addiction evaluation.
Juveniles may have their driver’s license suspended for up to 6 months.

North Dakota Cannabis Advertising and marketing

A dispensary may:
- Display its business name and logo on labels, signs, websites, and informational material provided to registered qualifying patients and registered designated caregivers. The name or logo may not include:
  - Images of marijuana or marijuana paraphernalia.
  - Colloquial references to marijuana.
  - Names of marijuana plant strains.
  - Medical symbols that bear a reasonable resemblance to established medical associations, including the American medical association or American academy of pediatrics.
- Maintain a website that may contain:
  - The facility name.
  - Contact information.
  - Hours of operation.
  - The usable marijuana offered.
  - Product pricing.
  - Other information as approved by the department.
A manufacturing facility may display its business name and logo on labels, websites, and informational material.
- The name or logo may not include:
  - Images of marijuana or marijuana paraphernalia.
  - Colloquial references to marijuana.
  - Names of marijuana plant strains.
  - Medical symbols that bear a reasonable resemblance to established medical associations, including the American medical association or American academy of pediatrics.
- Maintain a website that may contain:
  - The facility name.
  - Phone number.
  - Other information as approved by the department.
A dispensary only may dispense usable marijuana when it has been purchased by a registered qualifying patient or registered designated caregiver. A dispensary may not provide free usable marijuana to a registered qualifying patient or registered designated caregiver.
All marketing or advertising activities not covered under subsections 1 and 2, are subject to department approval. The compassion center shall request approval from the department, and the department shall approve or deny the request within thirty calendar days.

North Dakota Cannabis Taxes

Medical marijuana: Purchases are subject to North Dakota’s 5% statewide sales tax.

https://www.health.nd.gov/state-laws-and-administrative-rules

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