North Dakota Cannabis Laws 2026: Medical Only, After Three Failed Votes

North Dakota voters approved medical cannabis with Measure 5 in 2016. They've rejected recreational legalization three times: in 2018, 2022, and most recently in 2024, when a measure lost 53% to 47%. The Department of Health and Human Services runs the medical program.

Is weed legal in North Dakota?

Only for registered medical patients. For everyone else, small amounts are an infraction, not a crime with jail time, but they're still illegal.

Penalties without a medical card

• Less than half an ounce: an infraction with a fine of up to $1,000, no jail
• Half an ounce up to 500 grams: a misdemeanor, with up to 30 days in jail
• More than 500 grams: a misdemeanor, with up to 360 days in jail
• Selling any amount: a felony

Medical cannabis in North Dakota

Patients need certification from a health care provider for a qualifying condition, then apply for a state card.

Limit	Medical patients
Flower purchase	Up to 2.5 ounces every 30 days (more for some cancer patients)
Flower on hand	Up to 3 ounces
Other products	Up to 6,000 mg of THC every 30 days
Home grow	Not allowed

Patients under 19 can't use dried flower.

Driving and work

Driving while impaired is illegal, including for patients. Employers can keep drug-free workplace policies.

Is anything changing in 2026?

There's no cannabis measure on the November 2026 ballot. But voters will decide Constitutional Measure 1, referred by the legislature, which would require 60% of the vote to pass future constitutional amendments, including any citizen initiative that tried to legalize cannabis in the constitution.

Federal law in 2026

Federal law still treats recreational cannabis as illegal. In April 2026, the federal government moved marijuana sold under a state medical license (and FDA-approved cannabis medicines) to Schedule III, but adult-use cannabis is still Schedule I. That means it's still banned on federal land and can't legally cross state lines, even between two legal states.

Separately, a federal ban on intoxicating hemp products takes effect in two steps: synthetic and converted cannabinoids like delta-8 lose their legal status on November 12, 2026, and naturally derived hemp THC (THCA flower, hemp delta-9 edibles and drinks) on December 11, 2026.

Where to shop

Only registered patients can buy at North Dakota's licensed medical dispensaries. Browse smoke and vape shops in North Dakota in our directory.

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Last reviewed October 8, 2026. This guide is general information, not legal advice. Laws change, so check the official sources below before you rely on any detail.