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Marijuana and Drugs

N.D.C.C. § 19-03.1-23 — less than half an ounce of marijuana is an infraction, more is a misdemeanor

PossessingGrade
PossessingMarijuana, less than one-half ounceGradeInfraction
PossessingMarijuana, one-half ounce to 500 gramsGradeClass B misdemeanor
PossessingMarijuana, more than 500 gramsGradeClass A misdemeanor
PossessingTHC, less than two gramsGradeInfraction
PossessingTHC, two to six gramsGradeClass B misdemeanor
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Possessing another controlled substance without a prescription is a class A misdemeanor for a first offense and a class C felony for a second not involving marijuana. Doing it on the grounds of an elementary or secondary school is a class B felony, unless the drug is marijuana.

An infraction carries no jail and a fine of up to $1,000. Using marijuana under the medical marijuana program is a separate matter, on its own page.

Sources for this section (2)
  1. N.D.C.C. § 19-03.1-23 — Prohibited acts - Penalties
  2. N.D.C.C. § 12.1-32-01 — Classification of offenses - Penalties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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