State Law Tracker · North Dakota

Cannabis and hemp law in North Dakota

In North Dakota, recreational cannabis is decriminalized, medical cannabis is legal, and delta-8 THC is banned.

Last verified October 24, 2026 · Last major change August 2025

RecreationalDecriminalized MedicalLegal Delta-8Banned

Is recreational cannabis legal in North Dakota?

Decriminalized. Not legal; a first offense for under half an ounce is an infraction with no jail. Voters rejected legalization in 2018, 2022 and 2024 (Measure 5, 52.5% no).

Is medical cannabis legal in North Dakota?

Legal. Registry-card program since 2016; a 2025 law (House Bill 1203), effective Aug. 1, 2025, lets patients buy lozenge edibles with up to 5 mg THC per serving and 50 mg per package.

What can medical patients buy in North Dakota?

FlowerYesSmokingAllowedVapesYesEdiblesLimited

Patients can buy flower and pre-rolls to smoke or vaporize, vape cartridges, concentrates, solutions, capsules, patches, topicals and, since Aug. 1, 2025, square lozenge edibles capped at 5 mg THC per serving and 50 mg per package. Limits: Capsules and patches max 50 mg THC per serving. Topicals max 6% THC. Edibles max 5 mg per serving and 50 mg per package. Concentrates and products combined max 6,000 mg THC per 30 days, and edibles max 310 mg THC per purchase (HHS calls it a daily limit). Minors are limited to pediatric products of 6% THC or less. Flower is limited by weight (2.5 oz per 30 days, 6 oz with enhanced cancer certification), not by potency.

What are the rules for hemp products in North Dakota?

A 2023 law (Senate Bill 2096) bars selling hemp products with delta-8 or converted cannabinoids, hemp inhalants, or foods, drinks or supplements lacking federal approval; rules since July 1, 2024 cap hemp products at 5 mg THC per serving.

Is delta-8 THC legal in North Dakota?

Banned. State law treats delta-8 and other THC isomers outside allowed hemp products as Schedule I controlled substances, and since Aug. 1, 2023 bars selling hemp products that contain delta-8 or converted cannabinoids.

What happens if you break the law in North Dakota?

Possession of less than half an ounce (14 g) is an infraction with a fine of up to $1,000 and no jail for a first offense; half an ounce to 500 g is a class B misdemeanor.

Is cannabis or hemp law changing in North Dakota?

In danger. Federal hemp redefinition takes effect Nov. 12 and Dec. 11, 2026; its 0.4 mg total THC per container cap is below the up to 5 mg per serving that state rules now allow in hemp products.

In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.

Sources

  1. ndlegis.gov/cencode/t19c03-1.pdf
  2. ndlegis.gov/cencode/t04-1c18-1.pdf
  3. norml.org/blog/2025/04/24/north-dakota-governor-signs-legislation-authorizing-patients-to-obtain-cannabis-infused-edible-products/
  4. www.valleynewslive.com/2024/11/06/measure-legalize-recreational-marijuana-north-dakota-not-called/
  5. ndlegis.gov/api/acdata/pdf/7-20-01.pdf
  6. ndlegis.gov/api/assembly/68-2023/regular/documents/23-8110-03000.pdf
  7. ndlegis.gov/cencode/t19c24-1.pdf
  8. www.hhs.nd.gov/sites/www/files/documents/DOH%20Legacy/MM/Summary%20of%20Bills%20Passed%202025.pdf
  9. www.leafly.com/dispensary-info/pure-dakota
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
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