State Laws

North Dakota Marijuana Laws

     

North Dakota Law
The state of North Dakota currently does not have any laws legalizing marijuana for medical or personal use. This includes cultivating, possessing, and using marijuana in all cases. Some states allow marijuana to be used to increase appetite, decrease nausea, ease pain, and for other bodily aids for illnesses, but North Dakota is prohibits marijuana under all circumstances.

Those found using, possessing, trafficking, selling, or cultivating marijuana are viewed as illicit recreational drug users who are violating state laws. Some states have created vast systems for breaking up possession, sale, and cultivation offenses. These often include breaks downs of first offenses versus subsequent offenses, the amount in possession or being sold, and the age of the individual and whether or not he or she is over the age of eighteen or between the ages of fourteen and seventeen.

Possession
North Dakota categorizes its possession penalties by the amount an individual possesses upon an arrest. While some states have wide ranges of amounts, North Dakota has much smaller categories and sees large possession amounts as more severe crimes.

Possessing less than half an ounce is considered a misdemeanor offense. This kind of offense can earn no more than thirty days in a county or local jail facility and a fine up to one thousand dollars.

Possessing less than half an ounce and operating a motor vehicle at the same time is also a misdemeanor offense. Penalties for possession while operating a vehicle include no more than one year of incarceration in a jailing facility and no more than one thousand dollars in fines.

Possessing between half an ounce and one ounce is a misdemeanor offense than can be penalized by a fine of two thousand dollars and up to one year of incarceration.

The possession of more than one ounce is considered a felony offense and can have the consequences of no more than five years of incarceration and up to five thousand dollars in fines.

Cultivation and Sale
North Dakota groups its sale and cultivation offenses into one category. Though the offenses are quite different, selling and cultivating marijuana has the same penalties within North Dakota state borders.

All sale and cultivation offenses are considered felony offenses. Selling or cultivating one hundred pounds or fewer can be punished through a fine of ten thousand dollars and no more than ten years in prison.

Selling or cultivating more than one hundred pounds can earn up to twenty years in prison and a fine of ten thousand dollars.

Selling any amount of marijuana on or within one thousand feet of school property is also a felony offense. This kind of offense can earn an increased felony charge and comes with varied penalties.

Other
When an individual is convicted of a marijuana offense--whether is be for cultivation, possession, or sale--he or she automatically is required to submit to substance abuse evaluation. This also includes other drug-related problems. North Dakota currently does not have any specific laws in regards to driving under the influence of marijuana.

See also:
North Dakota Felony
North Dakota Gun Laws
North Dakota Divorce
North Dakota Misdemeanors External link (opens in new window)
North Dakota Expungement External link (opens in new window)