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North Dakota Statewide Rule

North Dakota Prohibits Home Cannabis Cultivation Statewide

Heavy RestrictionsApplies statewide across North Dakota (2026)

Key Facts

Statute
NDCC 19-03.1, 19-24.1
Home cultivation
Prohibited statewide
Recreational status
Illegal
Medical patient grow
Not allowed
Last verified: September 5, 2026Source: North Dakota Legislative Branch

Summary

North Dakota law prohibits all personal home cultivation of cannabis. Recreational marijuana remains illegal, and the state's medical cannabis program (NDCC 19-24.1) bars patient or caregiver home growing.

19-24.1-02. Medical marijuana program. The department shall establish and implement a medical marijuana program under this chapter to allow for production and processing, the sale and dispensing of usable marijuana, and medical use of marijuana. A person may not produce or process or sell, possess, transport, dispense, or use marijuana or usable marijuana under the medical marijuana program unless the person is authorized to do so as a compassion center, a cardholder, or otherwise authorized by rule adopted under this chapter.

Source: North Dakota Legislative BranchView official code

Full Breakdown

Under NDCC Chapter 19-03.1 (Uniform Controlled Substances Act), marijuana remains a Schedule I controlled substance for recreational purposes. The Compassionate Care Act (NDCC 19-24.1) authorizes medical cannabis only through state-licensed manufacturing facilities and dispensaries. Unlike many states with medical programs, North Dakota expressly prohibits patients and caregivers from cultivating cannabis at home. Voter initiatives to legalize recreational marijuana failed in 2018, 2022, and 2024. This statewide prohibition preempts any local effort to permit home cultivation.

Violations & Penalties

Cultivating any amount of cannabis is a class C felony for under 100 plants and class B felony for 100+ plants, with prison terms and fines.

Frequently Asked Questions

Can medical cannabis patients grow at home in North Dakota?
No. North Dakota's Compassionate Care Act prohibits patient and caregiver home cultivation. Medical cannabis must be obtained from state-licensed dispensaries only.
Can North Dakota cities allow home cannabis cultivation?
No. State law preempts any local ordinance permitting cannabis cultivation. Cultivation remains a felony statewide regardless of municipal action.

Sources

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