ND Marijuana Law Changes in 2019
North Dakota has made some serious changes to possession of marijuana throughout the state. A lot of states have decriminalized and even legalized the possession of marijuana within their borders. North Dakota resisted such changes. While many states have moved to allow medical marijuana over the past few years, North Dakota lagged behind. Finally, the voters of North Dakota embraced medical marijuana over the objection of the state legislature. Full legalization of marijuana possession in North Dakota has still not passed, but some significant changes have occurred in 2019 to allow for decriminalization of marijuana throughout the state. This guide is designed to help people understand these changes. If you have questions or need the help fighting charges for drug possession (marijuana or other), you should definitely seek out an experienced criminal defense attorney in North Dakota.
Is possession of marijuana legal in North Dakota?A person may be charged with an infraction in North Dakota for having possession of less than one-half ounce of marijuana. Possession of personal ingestion paraphernalia is also an infraction. An infraction carries a fine but no jail time. This change is a big step forward, but there is still a problem. An infraction can still be a permanent conviction on your record that can be discovered by a public record search. It is important to seek out a lawyer to discuss how you can potentially have this type of offense wiped away from your record even if it is only an infraction. If a person possesses more than one half ounce of marijuana, they could be charged with a B Misdemeanor offense in North Dakota. There are enhanced penalties for manufacturing paraphernalia or for selling paraphernalia to a minor in North Dakota.
Is medical marijuana legal in North Dakota?A valid prescription for marijuana possession can be a defense to a charge of possession of marijuana, as North Dakota does allow for medical marijuana.
Is selling marijuana legal in North Dakota?Any sale of marijuana by an individual is still a crime in North Dakota, and it’s a serious one too. Selling or Possession with Intent to Sell marijuana in North Dakota is a felony charge, and there can be enhanced penalties if the seller uses a minor to deliver the marijuana or if the seller does so in a school zone. There are also mandatory minimum penalties that apply to repeat offenders.