Is Weed Legal in North Dakota? (2026)

Instrument

Possession penalties (infraction under one-half ounce); infraction class; medical patient protection

Source

https://ndlegis.gov/cencode/t19c03-1.pdf

Retrieved

2026-11-07

Fingerprint

9f694b62279f0648

N.D.C.C. 19-03.1-23. Prohibited acts - Penalties. Subsection 7, subdivisions a through e

7.   a. It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess
            a controlled substance or a controlled substance analog unless the substance
            was obtained directly from, or pursuant to, a valid prescription or order of a
            practitioner while acting in the course of the practitioner’s professional practice, or
            except as otherwise authorized by this chapter, but any person who violates
            section 12-46-24 or 12-47-21 may not be prosecuted under this subsection.
     b. Except as otherwise provided in this subsection, any person who violates this
            subsection is guilty of a class A misdemeanor for the first offense. If a person is
            convicted of a second or subsequent offense not related to marijuana,
            tetrahydrocannabinol, or a kratom alkaloid derivative under this section or chapter
            19-03.2, 19-03.3, or 19-03.4, or an equivalent offense from another court in the
            United States, the violation is a class C felony.
     c. If, at the time of the offense the person is in or on the real property comprising a
            public or private elementary or secondary school or a public career and technical
            education school, the person is guilty of a class B felony, unless the offense
            involves marijuana, tetrahydrocannabinol, or a kratom alkaloid derivative.
     d. A person who violates this subsection by possessing:
            (1) Marijuana:
                  (a) In an amount of less than one-half ounce [14.175 grams] is guilty of an
                         infraction.
                  (b) At least one-half ounce [14.175 grams] but not more than 500 grams
                         of marijuana is guilty of a class B misdemeanor.
                  (c) More than 500 grams of marijuana is guilty of a class A misdemeanor.
            (2) Tetrahydrocannabinol:
                  (a) In an amount less than two grams is guilty of an infraction.
                  (b) At least two grams but not more than six grams of
                         tetrahydrocannabinol is guilty of a class B misdemeanor.
                  (c) More than six grams of tetrahydrocannabinol is guilty of a class A
                         misdemeanor.
     e. A person who violates this subsection by possessing a kratom alkaloid derivative
            is guilty of an infraction for a first offense, a class A misdemeanor for a second
            offense, or a class C felony for a third or subsequent offense.

N.D.C.C. 12.1-32-01. Classification of offenses - Penalties. Subsection 7

7. Infraction, for which a maximum fine of one thousand dollars may be imposed. Any
          person convicted of an infraction who, within one year before commission of the
          infraction of which the person was convicted, has been convicted previously at least
          twice of the same offense classified as an infraction may be sentenced as though
          convicted of a class B misdemeanor. If the prosecution contends that the infraction is
          punishable as a class B misdemeanor, the complaint must specify the offense is a
          misdemeanor.

19-24.1-32. Protections.
    Except as provided in sections 19-24.1-20 and 19-24.1-33:
    1. A registered qualifying patient is not subject to arrest or prosecution or the denial of
         any right or privilege, including a civil penalty or disciplinary action by a court or
         occupational or professional regulating entity for the acquisition, use, or possession of
         usable marijuana or related supplies under this chapter.