| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Less than 1/2 oz | misdemeanor | 30 days | $ 1,000 |
| Less than 1/2 oz while operating a motor vehicle | misdemeanor | 1 year | $ 1,000 |
| 1/2 - 1 oz | misdemeanor | 1 year | $ 1,000 |
| 1 oz - 500 g | felony | 5 years | $ 5,000 |
| More than 500 g | felony | 10 years | $ 10,000 |
Sale | |||
| 100 lbs or less | felony | 10 years | $ 10,000 |
| 100 lbs or more | felony | 20 years | $ 10,000 |
| Within 1000 feet of a school carries increased length of imprisonment and fine. | |||
Hash & Concentrates | |||
| Ingesting | misdemeanor | 1 year | $ 2,000 |
| Possession | felony | 5 years | $ 5,000 |
| Manufacture or delivery | felony | 10 years | $ 10,000 |
Paraphernalia | |||
| Possession, manufacture, or delivery of paraphernalia | misdemeanor | 1 year | $ 1,000 |
| To a minor | felony | 5 years | $ 5,000 |
| Within 1000 feet of a school carries increased length of imprisonment and fine. | |||
Miscellaneous | |||
| Any conviction requires the offender to undergo a drug addiction evaluation. | |||
| Juveniles may have their driver's license suspended for up to 6 mos. | |||
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Possession of less than half an ounce is a Class B misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $1,000.*
Possession of less than half an ounce while operating a motor vehicle is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.*
Possession of half an ounce - 1 ounce is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.*
* First convictions can be removed from one's criminal record after 2 years if there are no further criminal violations.
Possession of more than an ounce but less than 500 grams is a Class C felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
Possession of 500 grams or more of marijuana is a Class B Felony, which is punishable by up to 10 years imprisonment and a fine of up to $10,000.
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The sale of 100 lbs. or less is a Class B felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $10,000.
The sale of 100 lbs. or more is a Class A felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $10,000.
Sale within 1,000 feet of a school is a felony that carries with it an increased penalty for the length of imprisonment and the fine to be paid.
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Cultivation in North Dakota will be punished based upon the aggregate weight of the plants found. See the "Possession" section for further penalty details.
North Dakota defines hashish as "the resin extracted from any part of the plant cannabis with or without its adhering plant parts, whether growing or not, and every compound, manufacture, salt, derivative, mixture, or preparation of the resin." Hashish is a Schedule I controlled substance.
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Ingesting hashish is a class A misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.
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Possessing any amount of hashish is a class C felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 5 years. Possessing hashish within 1,000 feet of a school or career training center is a class B felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 10 years.
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Manufacturing, delivering, or possessing with intent to manufacture or deliver hashish is a class B felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 10 years. A second conviction carries a minimum term of imprisonment of 3 years. A third or subsequent conviction carries a minimum term of imprisonment of 10 years. Manufacturing, delivering or possessing with intent to manufacture or deliver hashish within 1,000 feet of a school or career training center carries a mandatory 8 year term of imprisonment. Delivering hashish to a minor carries a mandatory 8 year term of imprisonment.
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Any device or equipment used to create hashish is considered drug paraphernalia. Manufacturing, delivering, or possessing any such device or equipment is a class C felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 5 years. Delivering any such device or equipment to a minor is a class C felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 5 years. Advertising any such device or equipment is a class A misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.
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Possession, manufacture, or delivery of paraphernalia is a Class A Misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000. Providing paraphernalia to a minor is a Class C Felony, which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
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Any conviction requires the offender to undergo a drug addiction evaluation.
If a juvenile is ajudicated delinquent of an offense that would be a class A misdemeanor or a felony if the offense were committeed by an adult, the juvenile court may order the suspension of the juvenile's driving privileges for a period of up to six months for the first offense.
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The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.