North Dakota

Mandatory Minimum Sentence
Medical Marijuana
Drugged Driving
Summary of North Dakota
Year Law Last Passed 2016
How Law Was Passed Ballot Measure 5 (63.7%)
Possession Limit 3 oz per 14-day period

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
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
Any amount within 1000 feet of a school Felony 10 years $ 20,000
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
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
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
Any conviction requires the offender to undergo a drug addiction evaluation.
Juveniles may have their driver's license suspended for up to 6 months.


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.


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.


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. .

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

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. For more information see: Medical Use.