North Dakota Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of North Dakota. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
RESTRICTEDCBD Products are legal with restrictions in North Dakota. 3% Delta-9 THC under the North Dakota Industrial Hemp Act (NDCC Chapter 4.1-40). The state regulates hemp cultivation and product sales through the Department of Agriculture.
Possession
Legal for adults to possess hemp-derived CBD products compliant with THC limits.
Sale
Sale is legal with licensing and compliance with state regulations.
Penalties
Violations involving THC limits or unlicensed sales may result in misdemeanor charges.
Age Restriction
18+ for purchase and possession.
Delta-8 THC
ILLEGALNorth Dakota classifies Delta-8 THC as a controlled substance under North Dakota Century Code § 19-03.1-02(14), effectively making Delta-8 THC illegal. The state prohibits possession, sale, and manufacture of Delta-8 THC products regardless of hemp origin.
Possession
Illegal; Delta-8 THC is classified as a Schedule I controlled substance.
Retail Sale
Prohibited.
Penalties
Possession or sale can result in felony charges with penalties including imprisonment and fines.
Age Restriction
N/A
Delta-9 THC Edibles
RESTRICTEDHemp-derived Delta-9 THC edibles are restricted in North Dakota. A 2023 law made all intoxicating delta THC products illegal outside of the state's medical cannabis program.
Possession
Legal with restrictions on potency
Retail Sale
Legal through licensed retailers only
Penalties
Non-compliant products may result in fines.
Age Restriction
21+
Kratom
LEGALKratom is legal in North Dakota, with no state laws banning or restricting possession or sale. The legislature required a study on kratom in 2025, which may lead to future regulation.
Possession
Legal to possess kratom.
Sale
Legal to sell kratom.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in North Dakota under the North Dakota Century Code (NDCC § 19-03.1-02). Psilocybin is a Schedule I controlled substance, prohibiting possession, sale, and manufacture.
Possession
Illegal; possession is a felony with penalties including imprisonment and fines.
Distribution
Illegal; sale and distribution are felony offenses.
Penalties
Penalties vary by amount but include imprisonment and fines.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is not legal in North Dakota, but medical marijuana is available with a qualifying condition and state-issued card. No significant legislative changes since 2023.
Personal Possession
Medical only with state card. Recreational possession of 1/2 oz or less is an infraction ($1,000 fine). Over 1/2 oz is a Class B misdemeanor. North Dakota decriminalized small amounts in 2019.
Retail Purchase
Illegal for recreational purposes. Medical marijuana is available through licensed dispensaries. Recreational sale is a felony.
Penalties
Under 1/2 oz: infraction, $1,000 fine. 1/2 oz to 500 grams: Class B misdemeanor, up to 30 days. Over 500 grams: Class A misdemeanor, up to 1 year.
Age Restriction
18+ with medical card, 21+ in some programs
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in North Dakota. North Dakota enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in North Dakota. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in North Dakota.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A