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
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).
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.
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.
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.
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.
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.
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.