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Fargo, ND Public Conduct: Public Marijuana Use (2026)

Heavy Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Under 1/2 oz: infraction (citation)
1/2 oz to 500g: Class B misdemeanor
Under-21 use: Class B misdemeanor, any amount
Medical marijuana: exempt under N.D.C.C. Ch. 19-24.1
First offense: record sealable under § 10-1203

Summary

Fargo bans possessing or using marijuana anywhere in city limits under Municipal Code § 10-1202, with infractions for under a half ounce and Class B misdemeanors for larger amounts or use by anyone under 21.

Except as may be authorized by N.D.C.C. Chapter 19-24.1, regarding medical marijuana, it shall be unlawful for any person to willfully, as defined by N.D.C.C. section 12.1-02-02, possess marijuana of an amount of less than one-half ounce [14.175 grams] within the jurisdictional limits of the city; such person therefore being guilty of an infraction.2.Except as may be authorized by N.D.C.C. Chapter 19-24.1, regarding medical marijuana, it shall be unlawful for any person to willfully, as defined by N.D.C.C. section 12.1-02-02, possess marijuana in an amount of at least one-half ounce [14.175 grams] but not more than 500 grams of marijuana; such person therefore being guilty of a class B misdemeanor.3.Except as may be authorized by N.D.C.C. Chapter 19-24.1, regarding medical marijuana, a person who is under twenty-one years of age and intentionally ingests, inhales, injects, or otherwise takes into the body a controlled substance that is marijuana is guilty of a class B misdemeanor. Source: 4913 (2014), 5001 (2015), 5224 (2019).

Source: ND Health and Human ServicesView official code

Full Breakdown

Fargo Municipal Code § 10-1202 makes it unlawful to possess marijuana anywhere within city limits, whether in a park, on a sidewalk, or elsewhere in public: there's no separate 'public use' carve-out because any possession or ingestion is already banned, except as allowed under North Dakota's medical marijuana law (N.D.C.C. Ch. 19-24.1). Possessing under a half ounce (14.175 grams) is an infraction; a half ounce up to 500 grams is a Class B misdemeanor. Anyone under 21 who ingests, inhales, or injects marijuana is guilty of a Class B misdemeanor regardless of amount. First offenders can get the conviction record sealed under § 10-1203.

Violations & Fines

Infraction (fine) for under a half ounce; Class B misdemeanor for a half ounce to 500 grams, or for anyone under 21 who uses marijuana at all.

Frequently Asked Questions

Is marijuana legal to use in public in Fargo?

No. Fargo Municipal Code § 10-1202 makes possessing or using marijuana unlawful anywhere in the city, public or private, unless allowed under North Dakota's medical marijuana program.

What's the penalty for smoking marijuana in Fargo?

Possessing under a half ounce is an infraction; larger amounts, or any use by someone under 21, is a Class B misdemeanor under § 10-1202.

Sources & Official References

[1]Fargo Municipal Code § 10-1202

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