Navigating North Dakota Medical Cannabis  Laws

In 2016, 64 percent of North Dakotans voted in favor of the North Dakota Compassionate Care Act (Measure 5), creating a comprehensive medical cannabis program. Patients and caregivers may purchase up to 7.5 ounces from dispensaries every thirty days. North Dakota does not recognize out-of-state medical cannabis cards. If you are arrested for the possession of cannabis, you will have an affirmative defense in court provided that you have your registry ID on your person at the time. North Dakota does not recognize out-of-state registrations. Details on how these laws apply to patients and medical professionals are provided below.

9,934
Registered Patient Population		 1.26%
of Total Population Represented by Patients		 8
Total Medical Retail Locations Currently in Operation		 1,242 : 1
Patients : Retail

*UPDATE: FEDERAL CANNABIS LAWS HAVE CHANGED AS OF APRIL 28, 2026: Learn more here.

Patients and their caregivers should be aware that cannabis is still illegal at the federal level, and their rights and legal protections vary depending on which state they are in, their age, and even the chemical composition of a product. Medical professionals have federal protections to discuss cannabis medicines with their patients, but incorporating them into their patients' treatment regimen is a very different process than writing a prescription. Laws and regulations are constantly evolving, but require advocacy to ensure better patient outcomes. 

Americans for Safe Access has taken the guesswork out of navigating applicable laws, regulations, and available resources with these stakeholder tools. 

 

*UPDATE: CANNABIS LAWS HAVE CHANGED AS OF APRIL 28, 2026: Learn more here. Medical cannabis patients who are in compliance with state medical cannabis programs are now in compliance with federal law.

Report Dissemination here.

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Medical cannabis may be legal in your state, but it is still illegal under federal law*. Federal prohibition can affect far more than access to cannabis. Medical cannabis patients are not protected under the Americans with Disabilities Act (ADA) or the Fair Housing Act (FHA), which can leave patients without the protections other people with serious health conditions may expect. Medical cannabis patients have no protections when it comes to employment, housing, and healthcare. 

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For many Americans, federal programs provide essential healthcare, housing, and financial support. In some cases, patients are forced to choose between the medicine they need and the federal benefits they depend on. Because federal law still treats all cannabis use as unlawful, medical cannabis patients cannot legally own a gun, work for the federal government, or be barred from federal programs and services. 

That is why it is important to understand both your state’s medical cannabis laws and the federal barriers that may still apply.

Cannabis, in its natural form, is inherently safe for most patients, but it is especially susceptible to contaminants during cultivation, manufacturing, handling & even storing. Whether you are purchasing cannabis from regulated, grey, or illicit markets or cultivating your own cannabis, you should be aware of the contaminants commonly found in cannabis and the symptoms that accompany their presence.

Products sold in Minnesota's dispensaries and adult-use retail locations must be tested for contaminants, pesticides, and adulterants, in accordance with thresholds set by state regulators (click to see specific requirements for ND products).  For more information about cannabis safety, download ASA's "What’s in Your Cannabis? A Patient & Consumer Guide to Navigating Cannabis Safety."

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Use this resource to find state-licensed medical cannabis retailers.

Stigma and discrimination also make patients targets for law enforcement encounters. Keep in mind that the best law enforcement encounter is the one that never occurs! It's crucial for individuals involved in medical cannabis to understand not only medical cannabis laws and regulations but also their rights. Be Prepared. Learn about Your Rights!! 

Check out ASA's travel guide for patients and caregivers for tips on what to know before you go!

Get Involved! Learn more about ASA Campaigns and Take Action to improve the lives of medical cannabis patients today! 

If you appreciate ASA's work, join now to become a part of the movement & sign up to get ASA updates

 

Patient Rights and Civil Protections 40/100   
Arrest Protection 25/25
Affirmative Defense 10/20
Parental Rights Protections 0/20
DUI Protections 0/10
Employment Protections 0/20
Explicit Privacy Standards 5/5
Access to Medicine 35/100   
Authorizes Retail Access 10/10
Alternative Accessibility Methods 10/20
- Authorizes Delivery 10/10
- Authorizes Curbside Pickup 0/10
Personal Cultivation 0/15
Collective Gardening 0/5
Sufficient Number of Licensed Retailers 15/30
Reciprocity 0/20
Program Functionality 67/100   
Legal Protections Within Reasonable Time Frame 14/20
Reasonable Possession Limits 10/10
Reasonable Purchase Limits 7/10
Telemedicine for Physician Certifications 7/15
Patient and Physician Representation in Program Decision Making 10/20
Reasonable Caregiver Standards 5/5
- Background Checks 2/2
- Number of Caregivers 3/3
Reasonable Physician Standards 5/5
Access to Administration Methods 9/10
- Allows Dried Flower 5/5
- Allows Edibles, Concentrates, and Other Forms 4/5
Provides Access to Minors on School Grounds 0/5
Affordability 45/100   
Sales Tax Break for Patients and Caregivers 20/20
Covered by State Insurance or Health Aid 0/20
Reasonable Registration Fees 20/20
Financial Hardship Waivers or Discounts 0/20
Donation Program 0/10
Allows Multi-Year Registrations 5/10
Health and Social Equity 37/100   
State Program Protections 25/25
Housing Protections 0/25
Access for Minors 7/10
Access in Underserved Areas 0/10
List of Qualifying Conditions is Exhaustive or All Inclusive 5/10
Allows Patients to Medicate Where they Choose 0/10
Organ Transplants 0/5
Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety 62/200   
Cultivation Operations 16/50
Quality Management Systems 0/10
Staff Training 0/10
Standard Operating Procedures 5/8
- Facility and Equipment Sanitation 1/1
- Workplace Safety 1/1
- Storage 0/1
- Batch and Lot Tracking 1/1
- Security 1/1
- Waste Disposal 0/1
- Water Management 0/1
- Records Management 1/1
Pesticide Usage Limitations 2/2
Environmental Impact Regulations 0/2
Required Testing 6/8
- Cannabinoids 1/1
- Terpenes 0/1
- Microbials 1/1
- Aflatoxins 1/1
- Pesticides 1/1
- Heavy Metals 1/1
- Foreign Matter 0/1
- Moisture Content/ Water Activity 1/1
Packaging and Labeling 1/3
- Cannabinoids 1/1
- Terpenes 0/1
- Pesticides 0/1
Complaints, Adverse Event Reporting, and Recall Protocol 2/7
Manufacturing Operations 27/50
Quality Management Systems 10/10
Staff Training 0/10
Standard Operating Procedures 5/7
- Facility and Equipment Sanitation 1/1
- Workplace Safety 1/1
- Storage 0/1
- Batch and Lot Tracking 1/1
- Security 1/1
- Waste Disposal 0/1
- Records Management 1/1
Environmental Impact Regulations 1/3
Required Testing 7/10
- Cannabinoids 1/1
- Terpenes 0/1
- Microbials 1/1
- Aflatoxins 1/1
- Pesticides 1/1
- Heavy Metals 1/1
- Residual Solvents 1/1
- Homogeneity 1/1
- Foreign Matter 0/1
- Water Activity 0/1
Packaging and Labeling 2/5
- Cannabinoids 1/1
- Terpenes 0/1
- Ingredients 1/1
- Allergens 0/1
- Nutritional Content 0/1
Complaints, Adverse Event Reporting and Recall Protocol 2/5
Dispensary Operations 14/50
Staff Training 0/20
Standard Operating Procedures 5/7
- Facility Sanitation 0/1
- Workplace Safety 1/1
- Storage 0/1
- Batch and Lot Tracking 1/1
- Security 1/1
- Waste Disposal 1/1
- Records Management 1/1
Product Testing 5/10
- Product Meets Requirements Before Sale 5/5
- COA Disclosure 0/5
Complaints, Adverse Event Reporting and Recall Protocol 4/13
Laboratory Operations 5/50
Independent or Third-Party 0/5
Laboratory Sampling 5/5
Method Validation 0/4
Quality Management Systems 0/5
Staff Training 0/20
Standard Operating Procedures 0/7
- Facility and Equipment Sanitation 0/1
- Equipment and Instrument Calibration 0/1
- Workplace Safety 0/1
- Sample Tracking 0/1
- Security 0/1
- Waste Disposal 0/1
- Records Management 0/1
Result Reporting 0/4
Score Penalties 17/100   
Gives Regulatory Preference to Adult Use 0/20
Classifies Cannabis as a Medicine of Last Resort 5/15
Administrative or Supply Problems 0/15
Requires Vertical Integration 0/10
Creates New Criminal Penalties for Patients 10/10
Limits Patients to a Single Retailer 0/10
No System for Adding Qualifying Conditions 0/10
Imposes Bans or Limits on THC 2/5
Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.
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