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Legalization Status

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Not Decriminalized

Medical Marijuana (1)

Medical since 2016
(Not Yet Operational)

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Not Recreational

North Dakota Governing Body Information


2018 Marijuana Packaging Laws Update


The first attempts to legalize marijuana in the Peace Garden State started in 2015, but the initiative was voted down because the committee felt that the concerns and risks outweighed the potential benefits. The next year, voters approved Measure 5 which established a medicinal cannabis program. In 2017, this measure was changed, allowing users to smoke the drug for treatment and disallowing home cultivation.

 In the Peace Garden State, cannabis is not decriminalized. One ounce or less is classified as a misdemeanor, but possession of any amount within 1000 feet of a school is classified as a felony and carries high fines and jail time. Selling any amount of marijuana in the state of North Dakota is also felony. North Dakota classifies the possession, manufacture, delivery, or advertisement of cannabis paraphernalia as a misdemeanor for an adult and a felony to a minor.

Medical Cannabis Laws in North Dakota

The North Dakota Medical Marijuana Program controls the regulations on usage and distribution of medical marijuana. To use medicinal cannabis, you must have a qualifying condition. The list of qualifying conditions is rather extensive, including spinal stenosis, cachexia (wasting syndrome), Crohn’s disease, and intractable nausea. Patients with a recommendation can obtain up to three ounces of cannabis provided by a state licensed dispensary. Patients also must have permission from their doctors to smoke cannabis. Otherwise, they are limited to tinctures, capsules, topicals, or patches. In North Dakota, edible cannabis products don’t qualify for medical use.

Cannabis Business Rules in North Dakota

The Peace Garden State also has a relatively liberal outlook on the types of conditions that can qualify a patient for medical cannabis. These disorders include chronic pain, any chronic disease, autoimmune diseases, as well as fibromyalgia. Their wording is slightly different, but otherwise they have a standard program where medical marijuana dispensaries must apply with the North Dakota Department of Health, and it would be helpful to provide a plan for safely packaging medical marijuana products. Laws are constantly evolving, but you can opt for child proof, secure packaging anyway.

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