North Dakota Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

Ingesting any amountMisdemeanor30 days$ 1,500
Less than 1/2 ozCriminal InfractionNone$ 1,000
More than 1/2 oz - 500 gMisdemeanor30 days$ 1,500
More than 500 gMisdemeanor360 days$ 3,000

Sale

Any amountFelony5 years$ 10,000
Soliciting, inducing, hiring a minor to sell any amountFelony10 years$ 20,000
Any amount within 1000 feet of a schoolFelony10 years$ 20,000

Cultivation

See Possession section for penalty details.

Hash & Concentrates

Ingesting any amountMisdemeanor30 days$ 1,500
Less than 2 gCriminal InfractionNone$ 1,000
2 - 6 gMisdemeanor30 days$ 1,500
More than 6 gMisdemeanor360 days$ 3,000
Manufacture or deliveryFelony10 years$ 20,000

Paraphernalia

Possession to ingest or inhaleCriminal InfractionNone$ 1,000
Possession to cultivate, plant, compound, process, etcMisdemeanor360 days$ 3,000
Manufacture, delivery or advertisement of paraphernaliaMisdemeanor360 days$ 3,000
To a minorFelony5 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.

Penalty Details

Possession

Republican Gov. Doug Burgum signed legislation into law reducing marijuana possession penalties. The law took effect on August 1, 2019.

Ingesting any amount of marijuana is a misdemeanor punishable by 30 days imprisonment and/or a maximum fine of $1,500.  

Possession of less than 1/2 ounce [14.175 grams] of marijuana is a criminal infraction punishable by a fine of up to $1,000.

Possession of more than 1/2 ounce but less than 500 grams of marijuana is a misdemeanor which is punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $1,500.  

Possession of more than 500 grams of marijuana is a misdemeanor punishable by a maximum sentence of 360 days imprisonment and a maximum fine of $3,000.  

Sale

The sale of any amount of marijuana is a felony punishable by up to 5 years imprisonment and a fine of up to $10,000.

Soliciting, inducing, hiring a minor to sell any amount of marijuana is a felony punishable by maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

Sale of any amount of marijuana within 1,000 feet of a school is a felony punishable by maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

Cultivation

See the “Possession” section for penalty details.

Hash & Concentrates

Ingesting hashish is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $1,500.

Possession of less than 2 grams of hashish or concentrates is a criminal infraction punishable by a maximum fine of $1,500.

Possession of 2 to 6 grams of hashish or concentrates is a misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $1,500.

Possession of more than 6 grams of hashish or concentrates is a misdemeanor punishable by a maximum sentence of 360 days imprisonment and a maximum fine of $3,000.

Manufacture or delivery of hashish or concentrates is a felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

Paraphernalia

Possession of paraphernalia to ingest or inhale marijuana is a criminal infraction punishable by a fine of up to $1,000.

Possession of paraphernalia to cultivate, plant, compound, process, etc is a misdemeanor punishable by a maximum sentence of 360 imprisonment and a maximum fine of $3,000.

Manufacture, delivery or advertisement of paraphernalia is a misdemeanor punishable by a maximum sentence of 360 days imprisonment and a maximum fine of $3,000.

Providing paraphernalia to a minor is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $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.

More Information

Conditional Release

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.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.