Is Weed Legal in North Dakota?

North Dakota adults cannot legally use cannabis in this state just for recreation. However, ND has decriminalized anyone who has less than a half an ounce of weed on them.

What is Decriminalization?

Decriminalization means that the state has established misdemeanor penalties to marijuana instead of making it a felony for personal use. For the first offense, North Dakota issues a fine of no more than $1,000 but possibly less than this and no jail time. Keep in mind penalties depend on how much a person possesses at the time being questioned, and this update happened by 2021.

Subsequent offenses still classify as misdemeanors for just possessions and usage and warrant up to a year of incarceration and up to $3,000 in fines. This doesn’t mean sellers will receive as lenient of sentences, however. Dealing still falls under the “felony” category, especially if possessing varying minimum amounts as is the standard in most states.

Medical Usage

The first state-licensed dispensary opened in South Dakota on March 1, 2019. By March 2021, SD had nearly 5,000 registered patients. Regulations permit qualifying persons to keep three ounces of medicinal cannabis on them if they have the proper authorization.

Patients usually receive certification of medical diagnosis that they take with them to the dispensary, where they buy the medical weed. The state and the federal government have both set limits as to how much THC and CBD users can have in their system or in the medicinal products they use. Those limits may change but total of about 2,000 milligrams for both components.

Qualifying Conditions

South Dakota has a list of at least two dozen conditions for which patients can receive medical marijuana. Some of the most popular uses include for Crohn's disease, cancer, epilepsy or eating disorders. Persons using cannabis products often experience agitation, chronic anxiety or post-traumatic stress relief as well.

Forms of Medical Marijuana

Limits do apply for usage of capsules, extracts and concentrates, dried flowers and leaves, topical treatments and ointments, and patches or other solutions with cannabis in them. Minors must not purchase any medical marijuana without consent of a parent, guardian or other qualified caregiver.

Some History

Legislators still fight to legalize marijuana, and this resulted in ND eliminating jail time for amounts of less than a half an ounce for the first offense. However, they still have some ways to go before making recreational marijuana available to the public.