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Policy Hub/50-State Guide/North Dakota

ND | MIDWEST

North Dakota

Medical MJ + Hemp Legal

TLDR

North Dakota has medical marijuana (since 2016) with a recently expanded program including edibles (HB 1203). Recreational narrowly defeated in 2024 with 47.45% support, suggesting eventual passage — likely on 2028 ballot. Small possession decriminalized. Hemp products available but face federal ban threat.

Legal Status at a Glance

Hemplegal
Marijuanamedical
THCArestricted
Delta-8restricted
Smokable HempYes
Hemp EdiblesYes
CBDYes
THC Limit0.3% Delta-9 THC; limited regulatory framework for intoxicating hemp cannabinoids

Regulatory Body

North Dakota Department of Health and Human Services

Official Website →

Licensing: Medical only — Compassionate Care Act; recreational defeated 2024 (47.45% yes)

Key Legislation

Initiated Measure 5 (2016)enacted2017-04-18

Compassionate Care Act — Medical Marijuana

Legalized medical marijuana. Patients may possess up to 3 oz with qualifying conditions.

HB 1203 (2025)enacted2025-08-01

Medical Cannabinoid Edible Products

Legalized cannabinoid edible products for medical marijuana patients, expanding access beyond flower and concentrates.

Measure 5 (2024 Ballot)failed

Adult-Use Legalization

Adult-use legalization defeated 47.45% to 52.55% in November 2024. Narrow margin suggests shifting public sentiment.

Current Events (2025-2026)

  • ●Narrow defeat of recreational Measure 5 (47.45% yes in 2024) suggests shifting public sentiment
  • ●HB 1203 expanded medical program to include edibles — effective August 2025
  • ●Possession of < 14g (0.5 oz) for persons 21+ decriminalized as civil infraction
  • ●No new legalization initiative filed for 2026 as of current date — expected to return in 2028
  • ●Federal hemp ban will affect hemp-derived products currently available in North Dakota market

History Highlights

2016: Initiated Measure 5 — medical marijuana legalized (Compassionate Care Act)

2024: Recreational Measure 5 narrowly defeated (47.45% yes vs 52.55% no)

2025: HB 1203 expands medical program to include cannabinoid edibles (effective Aug 1)

How This Connects to Our Policy

ACFA Section 6 (Fiscal Impact) — fiscal arguments could push ND over the line given the narrow 2024 defeat. TTSA Section 1 (Voter Mandate) — 47.45% support demonstrates growing consensus. ACFA Section 8 (Patient Access) — HB 1203 edibles expansion shows incremental progress.

Read TTSA →Read ACFA →

References & Sources

  • North Dakota MPP Overview →
  • North Dakota HHS Medical Marijuana →
  • Measure 5 (2024) — Ballotpedia →
  • HB 1203 — ND Legislature →

Last verified: 2026-04-02. Not legal advice. Consult an attorney for your specific situation.

More North Dakota Resources

Product Availability

What can you buy and ship in North Dakota?

Vendor SOP & Statutes

Licensing, COA requirements, and statute citations

TTSA + ACFA Policy

How this connects to our national policy frameworks

Community Input

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