North Dakota

Navigating North Dakota State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in North Dakota. 

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Background on State Laws

Medical cannabis is legal in North Dakota, however patients cannot cultivate at home. Patients and caregivers may purchase up to 7.5 ounces from dispensaries every thirty days. North Dakota does not recognize out of state medical cannabis cards. If you are arrested for the possession of cannabis, you will have an affirmative defense in court provided that you have your registry ID on your person at the time. North Dakota does not recognize out of state registrations. Details on how these laws apply to patients and medical professionals can be found below.

In 2019, those with low-level cannabis possession convictions were able to seek unconditional pardons, permitted by North Dakota state officials. Low-level cannabis possession penalties for first-time offenders have been reduced to a “criminal infraction” which is now punishable by a fine instead of up to 30 days in jail. Refer to A Guide for North Dakota Court Process and the Application to Pardon Eligible Marijuana Offenses.

Here is a breakdown of how North Dakota fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for North Dakota can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	40/100
Arrest Protection 25/25 Affirmative Defense 10/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 0/20 Explicit Privacy Standards 5/5
Access to Medicine	35/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 10/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 15/30 Reciprocity 0/20
Program Functionality	67/100
Legal Protections Within Reasonable Time Frame 14/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 7/10 Telemedicine for Physician Certifications 7/15 Patient and Physician Representation in Program Decision Making 10/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 9/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 4/5 Provides Access to Minors on School Grounds 0/5
Affordability	45/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 5/10
Health and Social Equity	37/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 7/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 5/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	62/200
Cultivation Operations 16/50 Quality Management Systems 0/10 Staff Training 0/10 Standard Operating Procedures 5/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 6/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 2/7 Manufacturing Operations 27/50 Quality Management Systems 10/10 Staff Training 0/10 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 1/1 Environmental Impact Regulations 1/3 Required Testing 7/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 1/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 2/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 2/5 Dispensary Operations 14/50 Staff Training 0/20 Standard Operating Procedures 5/7 - Facility Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 4/13 Laboratory Operations 5/50 Independent or Third-Party 0/5 Laboratory Sampling 5/5 Method Validation 0/4 Quality Management Systems 0/5 Staff Training 0/20 Standard Operating Procedures 0/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 0/1 - Sample Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Result Reporting 0/4
Score Penalties	17/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 5/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 10/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 2/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.