| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| Less than 1/2 oz | Criminal Infraction | None | $ 1,000 |
| More than 1/2 oz - 500 g | Misdemeanor | 30 days | $ 1,500 |
| More than 500 g | Misdemeanor | 1 year | $ 3,000 |
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 |
Cultivation |
|||
| See Possession section for penalty details. | |||
Hash & Concentrates |
|||
| Ingesting | Misdemeanor | 1 year | $ 3,000 |
| Possession | Felony | 1 year | $ 3000 |
| Manufacture or delivery | Felony | 10 years | $ 20,000 |
Paraphernalia |
|||
| Possession for personal use | Criminal Infraction | None | $ 1,000 |
| 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. | |||
Penalty Details
- North Dakota Century Code 19-03.1-23 Web Search
- North Dakota Century Code 12.1-32-01 Web Search
Possession
Republican Gov. Doug Burgum signed legislation into law reducing marijuana possession penalties. The law took effect on August 1, 2019.
Possession of 1/2 ounce [14.175 grams] or less of marijuana is a criminal infraction punishable by a fine of up to $1000.
- North Dakota House Bill 1050 – 2019 Web Search
A person who is convicted of an infraction and has been convicted of the same infraction two times or more within the same calendar year may be sentenced to a maximum imprisonment of 30 days and/or a fine of $1500.
The court, assuming the defendant is not subsequently convicted of another criminal offense within the following two years, will permanently seal convictions for first offenders possessing 1 ounce or less. Additionally, those with past convictions for the possession of either marijuana or marijuana paraphernalia may request a pardon from the state’s Pardon Advisory Board. The Board convenes twice per year to review applications.
Possession of more than 1/2 ounce but less than 500 grams is a Class B misdemeanor which is punishable by a maximum sentence of 30 days imprisonment and/or a maximum fine of $1500.
Possession of 500 grams or more of marijuana is a Class A misdemeanor punishable by a fine of no greater than $3000 and/or term of imprisonment no greater than 1 year.
- North Dakota Century Code 19-03.1-23 Web Search
- North Dakota Century Code 19-03.1-23.1 Web Search
- North Dakota Century Code 12.1-32-01 Web Search
Sale
The sale of any amount of marijuana is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000.
Sale of 500 grams or more of marijuana to a minor within 300 feet of a school by a person over the age of 21 is a class A felony punishable by maximum sentence of 20 years imprisonment and a maximum fine of $20,000.
- North Dakota Century Code 19-03.1-23 Web Search
- North Dakota Century Code 12.1-32-01 Web Search
Cultivation
Cultivation in North Dakota will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.
Hash & Concentrates
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.
- North Dakota Century Code 19-03.1-01(14) Web Search
- North Dakota Century Code 19-03.1-05(5)(u) Web Search
Ingesting hashish is a class A misdemeanor punishable by a fine no greater than $3,000 and/or a term of imprisonment no greater than 1 year.
- North Dakota Century Code 19-03.1-22.3 Web Search
- North Dakota Century Code 12.1-32-01(5) Web Search
Possessing any amount of hashish is a Class A misdemeanor punishable by a fine no greater than $3,000 and/or a term of imprisonment no greater than 1 year. 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 $20,000 and/or a term of imprisonment no greater than 10 years.
- North Dakota Century Code 19-03.1-23(7) Web Search
- North Dakota Century Code 12.1-32-01(3),(4) Web Search
Manufacturing, delivering, or possessing with intent to manufacture or deliver hashish is a class B felony punishable by a fine no greater than $20,000 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.
- North Dakota Century Code 19-03.1-23(1)(b) Web Search
- North Dakota Century Code 12.1-32-01(3) Web Search
- North Dakota Century Code 19-03.1-23(3) Web Search
Paraphernalia
Possession of paraphernalia for personal use is a criminal infraction punishable by a fine of up to $1000.
Republican Gov. Doug Burgum signed legislation into law reducing marijuana possession penalties. The law took effect on August 1, 2019.
Possession of 1/2 ounce [14.175 grams] or less of marijuana is a criminal infraction punishable by a fine of up to $1000.
- North Dakota House Bill 1050 – 2019 Web Search
Manufacture, delivery, or advertisement of paraphernalia is a Class A Misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $3,000. 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 $10,000.
- North Dakota Century Code 19-03.4-01 Web Search
- North Dakota Century Code 19-03.4-06 Web Search
- North Dakota Century Code 12.1-32-01(4),(5) Web Search
Miscellaneous
Any conviction requires the offender to undergo a drug addiction evaluation.
If a juvenile is adjudicated delinquent of an offense that would be a class A misdemeanor or a felony if the offense were committed 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.
- North Dakota Century Code 27-20-31.1 Web Search
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.