8,898 Registered Patient Population |
1.11% of Total Population Represented by Patients |
8 Total Medical Retail Locations Currently in Operation |
111,225 : 1 Patients : Retail |
Medical cannabis is legal in North Dakota, however patients cannot cultivate at home. 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 can be found below.
In 2019, those with low-level cannabis possession convictions were able to seek unconditional pardons, permitted by North Dakota state officials. Low-level cannabis possession penalties for first-time offenders have been reduced to a “criminal infraction” which is now punishable by a fine instead of up to 30 days in jail. Refer to A Guide for North Dakota Court Process and the Application to Pardon Eligible Marijuana Offenses.
Navigating North Dakota State Laws:
Patients and Caregivers: Enrolling and Accessing Medical Cannabis
Medical Professionals: Procedures for recommending Medical Cannabis
Policymakers and Advocates: Actions Needed to Improve Laws for Patients
Get involved locally!
Take Action!
Here is a breakdown of how North Dakota fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for North Dakota can be found below. For policy updates sign up here.
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. |