North Dakota voters recently approved a measure to legalize medical cannabis throughout the state. Cannabis use for personal reasons continues to be illegal in North Dakota, and the state is among the least forgiving with regard to cannabis possession.
CBD from Hemp Oil in North Dakota
Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.
Medical Cannabis in North Dakota
After failing to pass a medical cannabis initiative in 2012, North Dakota voters approved Measure 5 with 63.7 percent support in November 2016 to permit the medical use of cannabis for defined conditions. Under the law, with a recommendation from a licensed physician, patients can legally possess up to 3 ounces of cannabis for medical purposes.
The law allows patients to grow cannabis for medicinal purposes if they’re located more than forty miles from the nearest dispensary.
Medical cannabis can be recommended for the following conditions:
- Alzheimer’s Disease and other Dementia
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn’s Disease
- Hepatitis C
- Post-traumatic Stress Disorder (PTSD)
- Spinal Stenosis or Chronic Pain related to Neuropathy or Damage to the Spinal Cord
- Conditions that cause Cachexia or Wasting Syndrome, Intractable Nausea, Severe Pain and Seizures
Patients may petition the North Dakota Department of Health to add to the list of qualifying medical conditions. You can find the North Dakota Department of Health website here.
Recreational Cannabis in North Dakota
North Dakota has little leniency for recreational cannabis users. Possession of up to 1 ounce is a misdemeanor, punishable by up to 30 days of jail time and a $1,500 fine. Possession of more than 1 ounce to 500 grams is a felony, with possibility of incarceration for up to 5 years and fines of $10,000. Possession of more than 500 grams is a felony, punishable by 10 years in jail and a maximum fine of $20,000.
North Dakota does have a conditional release provision in place, which allows those facing their first conviction to have their criminal record expunged after probation.
Cultivation of Cannabis in North Dakota
Cultivating cannabis for personal reasons remains illegal, but registered medical cannabis patients that live more than 40 miles away from a dispensary can cultivate cannabis for medicinal purposes only.
North Dakota also passed a law that allows approved individuals to grow industrial hemp in the state for commercial purposes or research. In order to grow industrial hemp in North Dakota, individuals must complete an extensive application process and pay necessary fees.