Best Cannabis Law Lawyers in North Dakota

About Cannabis Law in North Dakota, United States

Cannabis law in North Dakota has gone through significant changes over recent years. While recreational cannabis use remains illegal, medical marijuana is permitted under specific conditions. The North Dakota Department of Health oversees the Medical Marijuana Program, providing access for patients with qualifying medical conditions. Despite some movement toward reform, state law still imposes strict penalties for possession, sale, and cultivation of cannabis outside the medical program. Cannabis laws in North Dakota are guided primarily by state statutes, with federal law still classifying marijuana as an illegal substance.

Why You May Need a Lawyer

Individuals and businesses may require legal assistance with cannabis law in a variety of situations. Common reasons to consult with a lawyer include:

• Facing criminal charges related to cannabis possession, distribution, or cultivation
• Seeking entry into North Dakota’s medical marijuana program as a patient or caregiver
• Pursuing a license to operate as a dispensary, manufacturing facility, or grower within the state’s medical marijuana framework
• Employment issues surrounding drug testing or discrimination regarding medical marijuana use
• Conflicts relating to federal law versus state law
• Property issues, such as landlord and tenant disputes where cannabis use is concerned
• Asset forfeiture related to cannabis investigations
• Expungement of prior cannabis-related convictions, where possible

Local Laws Overview

North Dakota has a distinct legal landscape for cannabis use and regulation:

• Recreational Marijuana: Illegal in all circumstances. Possession of even small amounts remains a criminal offense.
• Medical Marijuana: Legal for patients with qualifying conditions, such as cancer, chronic pain, epilepsy, and others. Patients must be approved by a healthcare provider and registered with the state program.
• Possession Limits: Registered medical marijuana patients may legally possess up to three ounces of usable marijuana at any given time.
• Home Cultivation: Growing marijuana at home is illegal, even for medical purposes.
• Dispensaries: Only state-licensed dispensaries can sell medical marijuana products. These facilities must adhere to strict regulations regarding security, product testing, and sales procedures.
• Driving Under the Influence: Operating a vehicle while under the influence of cannabis remains illegal and can result in DUI charges.
• Federal Law: Cannabis is still considered a Schedule I controlled substance under federal law, creating potential legal risks even for activities permitted under state law.
• Employment: Employers may maintain drug-free workplaces and can prohibit cannabis use, even for medical marijuana patients.
• Public Use: Consumption of cannabis in public places is not allowed under state law.

Frequently Asked Questions

Is recreational marijuana legal in North Dakota?

No. Recreational use of marijuana is illegal in North Dakota, and possession can lead to criminal charges.

Can I use medical marijuana in North Dakota?

Yes, if you have a qualifying medical condition and are registered with the North Dakota Medical Marijuana Program.

What are the penalties for marijuana possession?

Possession of small amounts (less than half an ounce) is a criminal infraction that may result in a fine. Larger amounts or repeat offenses can be charged as misdemeanors or felonies with potential jail time.

Can I grow my own marijuana plants for medical use?

No. North Dakota law does not allow any home cultivation, even for registered medical marijuana patients.

How do I register for the medical marijuana program?

You must be certified by a qualified healthcare provider and complete the application process through the North Dakota Department of Health.

Are edible cannabis products available?

Yes, edibles and other forms like tinctures and capsules are available to qualifying patients through licensed dispensaries.

Can my employer fire me for using medical marijuana?

Yes. Employers in North Dakota can enforce drug-free workplace policies and may terminate employees who test positive for marijuana, regardless of medical status.

Is CBD legal in North Dakota?

CBD derived from hemp containing less than 0.3 percent THC is legal. However, state authorities continue to regulate how it is processed and sold.

Can I be charged with a DUI for driving after using marijuana?

Yes. Driving under the influence of marijuana is illegal and can result in DUI charges, including for medical marijuana patients.

What should I do if I am charged with a marijuana-related offense?

Contact a qualified attorney as soon as possible. Cannabis-related charges can have serious legal consequences in North Dakota.

Additional Resources

Here are some resources for those seeking more information or legal assistance with cannabis law in North Dakota:

• North Dakota Department of Health - Division of Medical Marijuana
• State Bar Association of North Dakota
• North Dakota Legislature - Century Code: Cannabis Statutes
• Legal Aid of North Dakota
• American Civil Liberties Union of North Dakota

Next Steps

If you require legal assistance regarding cannabis law in North Dakota, consider the following actions:

• Document any information or evidence related to your situation
• Contact a licensed attorney with experience in cannabis law in North Dakota for a consultation
• Review the North Dakota Department of Health’s guidelines if you are a medical marijuana patient or caregiver
• Stay informed about changes in both state and federal cannabis laws
• Seek support from local legal aid organizations if you cannot afford private counsel