Cannabis in North Dakota

In 2015, House Bill 1430 attempted to establish a medical marijuana framework, but was voted down at 26-67 in February. Members of the House Human Services Committee stated: “We just felt that the concerns and the risks at this point in time outweigh the potential benefits … for a small group that feels that none of the currently available drugs work".[10] Following the bill's failure, Fargo resident Rilie Ray Morgan began the process of preparing a ballot initiative to legalize medical marijuana for the 2016 general election.[11]

In 2016, North Dakota voters approved Measure 5, establishing a medical cannabis program for their state.[12] In 2017, both houses of the state legislature passed changes to Measure 5, including removal of a provision allowing medical users to grow their own marijuana. The changes also required that a medical professional specifically recommend smoking as a method of using marijuana in some cases. Some backers of the ballot initiative were displeased with the legislation, saying that some of the regulations were not justifiable.[13] The bill passed both houses of the ND State Legislature with the required two-thirds majority. As of July 10, 2018, the North Dakota Department of Health has opened an application window for medical cannabis dispensary licenses in the Bismarck and Fargo areas.[14]

Effective April 18, 2017, the North Dakota Department of Health established and implemented a medical marijuana program to allow the production, processing, sale, dispensing, and medical use of marijuana by qualifying patients and caregivers.[15] In May 2018, Pure Dakota LLC and Grassroots Cannabis were selected to run the two manufacturing facilities allowed under the program's rules.[16]

North Dakota residents voted on an initiative to legalise recreational marijuana at the same time as the 2018 midterms. The measure was rejected 59% to 41%.[17]

In May 2019, Governor Doug Burgum signed HB 1050, which eliminated the threat of jail time for adults over 21 that possess up to half an ounce of cannabis, although the maximum allowable fine was not modified. The bill also reduced penalties for possession of larger amounts.[18]

The North Dakota Freedom of Cannabis Act would have legalized recreational marijuana in the North Dakota for those 21 and older. It would also allow North Dakotans to grow a small number of plants at home, but it would have specifically barred public consumption. The measure needed a minimum of 27,000 valid signatures. The sponsoring committee was about 3,000 signatures short.[19]

New Approach ND lead the signature-gathering process, turning in signatures in July 2022.[20] The initiative would allow adults 21 years or older to possess up to one ounce of cannabis, four grams of concentrate, and grow up to three plants for personal use. In the November 2022 election, voters rejected legalization with 54.94% voting no.[21]