North Dakota Laws and Penalties

• Conditional Release
• Decriminalization
• Drugged Driving
• Medical Marijuana

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