North Dakota Marijuana Laws

North Dakota has some harsh marijuana laws so it is imperative for residents to learn the local paraphernalia laws in order to avoid punishments.

North Dakota Marijuana Attorneys

The following North Dakota lawyers are actively involved in the practice of cannabis law:

NorthDakota_duseklaw
NorthDakota_ralawfirms

LAW BREAKDOWN

Cannabis is banned for any purpose in North Dakota, including medical uses. The drug is not decriminalized in any amount, and penalties for possession, sale, or cultivation can be severe, as can punishment for hashish and other concentrates.

Possession

Simple possession of less than 1 ounce of marijuana for personal use is a misdemeanor in North Dakota, punishable by up to 30 days in jail and $1,500 in fines.

Possession of more than 1 ounce but less than 500 grams is a felony with a top penalty of five years in prison and $10,000. And possession of more than 500 grams comes with a maximum of 10 years in prison and $20,000.

Possessing any amount of cannabis within 1000 feet of a school is also a felony, punishable by up to 10 years in prison and fines of $20,000

Sale

Any sale or other distribution of marijuana is a felony in North Dakota; there is a mandatory minimum of three years’ imprisonment, a maximum or ten years’, and a possible $20,000 in fines. Penalties also max out at ten years and $20,000 when a minor is used in the distributing process.

Sale within 1,000 feet of a school carries increased incarceration; a maximum of 20 years in prison and $20,000 in fines.

Cultivation

Growing marijuana is treated the same as possessing it. The same weight limits and penalties apply.

Hash and Concentrates

Special rules apply to hashish and other marijuana concentrates. Using any amount of concentrate is a misdemeanor with a maximum penalty of one year in jail and $3,000 in fines, making North Dakota one of the few states to criminalize actual cannabis use.

Possession of any amount of concentrate is a felony punishable by up to five years in prison and $10,000. Manufacture and delivery is also a felony and carries a top penalty of 10 years in prison and $20,000.

Paraphernalia

Cannabis paraphernalia is outlawed in North Dakota unless intended, marketed, and designed strictly for legal use. Paraphernalia includes any items intended for use with the cultivation, harvesting, processing, manufacture, storing, testing, analysis, inhaling, ingest or otherwise introducing of marijuana to the body.

Possession, manufacture and distribution. Possession, manufacture, or delivery of drug paraphernalia is a misdemeanor and comes with a maximum penalty of one year in jail and $3,000 in fines.

Sale to a minor. Sale or delivery of paraphernalia to a minor is a felony with a maximum term of five years in prison and a top fine of $10,000. Additional incarceration and increased fines apply to sale or delivery within 1,000 feet of a school.

Miscellaneous

A mandatory drug addiction evaluation is imposed following any marijuana-related conviction in North Dakota.

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

1 oz or less Misdemeanor 30 days $ 1,500
More than 1 oz – 500 g Felony 5 years $ 10,000
More than 500 g Felony 10 years $ 20,000
Any amount within 1000 feet of a school Felony 10 years $ 20,000

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
* Mandatory minimum sentence for second offense

Cultivation

See Possession section for penalty details.

Hash & Concentrates

Ingesting Misdemeanor 1 year $ 3,000
Possession Felony 5 years $ 10,000
Manufacture or delivery Felony 10 years $ 20,000

Paraphernalia

Possession, 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.