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North Dakota Marijuana Laws

Penalty Details

See

  • North Dakota Century Code 19-03.1-23 
  • North Dakota Century Code 12.1-32-01

Possession

Possession of 1 ounce [28.35 grams] or less of marijuana is a class B misdemeanor punishable by a maximum imprisonment of 30 days, a fine of one thousand five hundred dollars, or both.

The court, assuming the defendant is not subsequently convicted of another criminal offense within the following two years, will permanently seal convictions for first offenders possessing 1 ounce or less.

Possession of more than 1 ounce but less than 500 grams is a Class C felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

Possession of 500 grams or more of marijuana is a Class B Felony, which is punishable by up to 10 years imprisonment and a fine of up to $20,000.

Possession on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school or a public career and technical education school is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000.

See

  • North Dakota Century Code 19-03.1-23 
  • North Dakota Century Code 19-03.1-23.1
  • North Dakota Century Code 12.1-32-01

Sale

The sale of any amount of marijuana is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000. For a second offense there is a minimum term of imprisonment of at least 3 years. For a third or subsequent offense there is a minimum term of imprisonment of at least 10 years.

Sale within 1,000 feet of a school is a class A felony punishable by maximum sentence of 20 years imprisonment and a maximum fine of $20,000.

See

  • North Dakota Century Code 19-03.1-23 
  • North Dakota Century Code 12.1-32-01 

Cultivation

Cultivation in North Dakota will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.

Hash & Concentrates

North Dakota defines hashish as “the resin extracted from any part of the plant cannabis with or without its adhering plant parts, whether growing or not, and every compound, manufacture, salt, derivative, mixture, or preparation of the resin.” Hashish is a Schedule I controlled substance.

See

  • North Dakota Century Code 19-03.1-01(14) 
  • North Dakota Century Code 19-03.1-05(5)(u) 

Ingesting hashish is a class A misdemeanor punishable by a fine no greater than $3,000 and/or a term of imprisonment no greater than 1 year.

See

  • North Dakota Century Code 19-03.1-22.3
  • North Dakota Century Code 12.1-32-01(5) 

Possessing any amount of hashish is a class C felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 5 years. Possessing hashish within 1,000 feet of a school or career training center is a class B felony punishable by a fine no greater than $20,000 and/or a term of imprisonment no greater than 10 years.

See

  • North Dakota Century Code 19-03.1-23(7) 
  • North Dakota Century Code 12.1-32-01(3),(4) 

Manufacturing, delivering, or possessing with intent to manufacture or deliver hashish is a class B felony punishable by a fine no greater than $20,000 and/or a term of imprisonment no greater than 10 years. A second conviction carries a minimum term of imprisonment of 3 years. A third or subsequent conviction carries a minimum term of imprisonment of 10 years. Manufacturing, delivering or possessing with intent to manufacture or deliver hashish within 1,000 feet of a school or career training center carries a mandatory 8 year term of imprisonment. Delivering hashish to a minor carries a mandatory 8 year term of imprisonment.

See

  • North Dakota Century Code 19-03.1-23(1)(b) 
  • North Dakota Century Code 12.1-32-01(3)
  • North Dakota Century Code 19-03.1-23(3)

Paraphernalia

Possession, manufacture, delivery, or advertisement of paraphernalia is a Class A Misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $3,000. Providing paraphernalia to a minor is a Class C Felony, which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

See

  • North Dakota Century Code 19-03.4-01
  • North Dakota Century Code 19-03.4-06 
  • North Dakota Century Code 12.1-32-01(4),(5) 

Miscellaneous

Any conviction requires the offender to undergo a drug addiction evaluation.

If a juvenile is ajudicated delinquent of an offense that would be a class A misdemeanor or a felony if the offense were committeed by an adult, the juvenile court may order the suspension of the juvenile’s driving privileges for a period of up to six months for the first offense.

See

  • North Dakota Century Code 27-20-31.1
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. 

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.

North Dakota Drugged Driving

In North Dakota, a person is guilty of DUI if he or she drives (1) under the influence of any drug, substance, or combination of drugs or substances to a degree which renders that person incapable of safely driving, OR (2) under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely driving. N.D. Cent. Code Ann. § 39-08-01 (West 2009).

Affirmative Defense

The fact that any person is or has been legally entitled to use substances is not a defense against any charge for violating this section, unless a drug which predominately caused impairment was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to that person.

Implied Consent

  • Any person who operates a motor vehicle in North Dakota is deemed to have given consent to a chemical test, or tests, of the blood, breath, saliva, or urine for the purpose of determining the alcohol, other drug, or combination thereof, content of the blood. Id.§ 39-20-01.
  • The attempt to contact or the contacting of a parent or legal guardian is not a precondition to the admissibility of chemical test results or the finding of a consent to, or refusal of, chemical testing by the person in custody. Id.
  • In prosecution for driving under the influence, evidence of defendant’s refusal to submit to chemical blood alcohol test, though not sufficient to establish guilt, may be considered in light of other proven facts in deciding question of guilt or innocence. State v. Murphy, 516 N.W.2d 285 (1994).
  • Under the implied consent statute, an arrested person who asks to speak with an attorney before taking a chemical test must be given a reasonable opportunity to do so if it does not materially interfere with the test administration; a totality of the circumstances test is used to determine the reasonableness of the opportunity. In re R.P., 745 N.W.2d 642 (2008).

Penalties

  • First offenseclass B misdemeanor – minimum fine of $250; offender required to undergo addiction evaluation. N.D. Cent. Code Ann. § 39-08-01(2) (West 2009); Id. § 39-08-01(4)(a).
  • Second offense (within 5 year period) class B misdemeanor– minimum 5 day imprisonment (Or, 30 days of community service); minimum fine of $500; offender required to undergo addiction evaluation. Id. § 39-08-01(2); Id. § 39-08-01(4)(b).
    • NOTE: For second and subsequent offenses: motor vehicle number plates to be impounded for the duration of the period of suspension or revocation of the offender’s driving privileges Id. § 39-08-01(3).
  • Third offense: (within 5 year period) class A misdemeanor -minimum of 60 days imprisonment (48 hours of which must be served consecutively); minimum fine of $1,000; offender required to undergo addiction evaluation. Id. § 39-08-01(2); Id. § 39-08-01(4)(c).
  • Fourth offense (within 7 year period) class A misdemeanor – minimum of 180 days imprisonment (48 hours of which must be served consecutively); minimum fine of $1,000; offender required to undergo addiction evaluation. Id. § 39-08-01(2); Id. § 39-08-01(4)(d).
  • Fifth and Subsequent offense (within 7 year period) class C Felony – minimum 180 days imprisonment (48 hours of which must be served consecutively); minimum fine of $1,000 offender required to undergo addiction evaluation. Id. § 39-08-01(2); Id. § 39-08-01(4)(d).

Other Penalties & Penalty Enhancers

  • It is a class A misdemeanor for an individual who is at least twenty-one years of age to receive a DUI while a minor was accompanying the individual in a motor vehicle. Id. § 39-08-01.4.

Sobriety Checkpoints

North Dakota allows law enforcement to conduct sobriety checkpoints under the state and federal Constitution.

  • Law enforcement cannot stop a motorist for avoiding a sobriety roadblock, unless officers have a reasonable suspicion of a violation. City of Bismark v. Uhden, 513 N.W.2d 373 (N.D. 1994).
  • Random vehicle stops are prohibited. A reasonable sobriety checkpoint should be: systematic, stationary, and visibly marked with signs that can be seen by oncoming traffic. State v. Wetzel, 456 N.W.2d 115 (N.D. 1990).
  • Checkpoints to investigate drug trafficking are permissible, and may be utilized under the pretext of a license and registration checkpoint. State v. Everson, 474 N.W.2d 695 (N.D. 1991).

Case Law

State v. Murphy, 516 N.W.2d 285 (1994) — Evidence of defendant’s refusal to submit to chemical blood alcohol test is not sufficient to establish guilt, but may be considered in light of other circumstances when deciding question of guilt or innocence.

In re R.P., 745 N.W.2d 642 (2008) — Under the implied consent statute, an arrested person who asks to speak with an attorney before taking a chemical test must be given a reasonable opportunity to do so if it does not frustrate the purpose of the implied consent statute. When determining what is a ‘reasonable opportunity,’ the specific circumstances of the situation should be considered.

North Dakota Hemp Law

Year Passed: 1999

Summary: Under North Dakota law, individuals interested in growing industrial hemp need a license issued by the Department of Agriculture. Any person with a license can grow or process industrial hemp for commercial purposes or research. Licensing applications are approved by the commissioner at the Department of Agriculture. The current application process requires an extensive application process and fees.

House Bill 1438 was signed into law in 2015 and amended the existing law by removing the requirement that state-licensed hemp growers must also be federally licensed by the Drug Enforcement Administration.

Statute: N.D. Cent. Code, § 4-41-01

North Dakota Medical Marijuana Law

Status

 

Not Yet Operational

Law Signed:

 2016

QUALIFYING CONDITIONS

  • Agitation from Alzheimer’s disease or related dementia
  • Amyotrophic lateral sclerosis (ALS)
  • Cachexia or Wasting syndrome
  • Cancer
  • Chronic or debilitating disease
  • Crohn’s disease
  • Epilepsy
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Intractable nausea
  • Multiple sclerosis
  • Post-traumatic stress disorder (PTSD)
  • Seizures
  • Severe and persistent muscle spasms
  • Severe debilitating pain
  • Spinal stenosis

PATIENT POSSESSION LIMITS

Patients who possess a physician’s recommendation may legally obtain up to three ounces of herbal medical cannabis provided by state licensed dispensaries. A registered qualifying patient may not purchase or have purchased by a registered designated caregiver more than the maximum concentration or amount of tetrahydrocannabinol permitted in a thirty – day period. The maximum concentration or amount of tetrahydrocannabinol permitted in a thirty – day period for a cannabinoid concentrate or medical cannabinoid product, or the cumulative total of both, is two thousand milligrams. Patients must have a specific certification from their physician in order to consume herbal cannabis formulations via combustion. Otherwise patients are permitted only to obtain cannabis infused tinctures, capsules, patches, or topical. Edible products are not defined as a “medical cannabinoid product” under the act.

HOME CULTIVATION

No. This provision was removed by lawmakers by the passage of SB 2344.

STATE-LICENSED DISPENSARIES

Yes, but no more than two producers and eight dispensaries.

STATE-LICENSED DISPENSARIES OPERATIONAL

Not yet

CONTACT INFORMATION

The program’s rules are specified in Senate Bill 2344. The program is expected to be operational by summer 2018.

Penalty Details

See

  • North Dakota Century Code 19-03.1-23 
  • North Dakota Century Code 12.1-32-01

Possession

Possession of 1 ounce [28.35 grams] or less of marijuana is a class B misdemeanor punishable by a maximum imprisonment of 30 days, a fine of one thousand five hundred dollars, or both.

The court, assuming the defendant is not subsequently convicted of another criminal offense within the following two years, will permanently seal convictions for first offenders possessing 1 ounce or less.

Possession of more than 1 ounce but less than 500 grams is a Class C felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

Possession of 500 grams or more of marijuana is a Class B Felony, which is punishable by up to 10 years imprisonment and a fine of up to $20,000.

Possession on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school or a public career and technical education school is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000.

See

  • North Dakota Century Code 19-03.1-23 
  • North Dakota Century Code 19-03.1-23.1
  • North Dakota Century Code 12.1-32-01

Sale

The sale of any amount of marijuana is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000. For a second offense there is a minimum term of imprisonment of at least 3 years. For a third or subsequent offense there is a minimum term of imprisonment of at least 10 years.

Sale within 1,000 feet of a school is a class A felony punishable by maximum sentence of 20 years imprisonment and a maximum fine of $20,000.

See

  • North Dakota Century Code 19-03.1-23 
  • North Dakota Century Code 12.1-32-01 

Cultivation

Cultivation in North Dakota will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.

Hash & Concentrates

North Dakota defines hashish as “the resin extracted from any part of the plant cannabis with or without its adhering plant parts, whether growing or not, and every compound, manufacture, salt, derivative, mixture, or preparation of the resin.” Hashish is a Schedule I controlled substance.

See

  • North Dakota Century Code 19-03.1-01(14) 
  • North Dakota Century Code 19-03.1-05(5)(u) 

Ingesting hashish is a class A misdemeanor punishable by a fine no greater than $3,000 and/or a term of imprisonment no greater than 1 year.

See

  • North Dakota Century Code 19-03.1-22.3
  • North Dakota Century Code 12.1-32-01(5) 

Possessing any amount of hashish is a class C felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 5 years. Possessing hashish within 1,000 feet of a school or career training center is a class B felony punishable by a fine no greater than $20,000 and/or a term of imprisonment no greater than 10 years.

See

  • North Dakota Century Code 19-03.1-23(7) 
  • North Dakota Century Code 12.1-32-01(3),(4) 

Manufacturing, delivering, or possessing with intent to manufacture or deliver hashish is a class B felony punishable by a fine no greater than $20,000 and/or a term of imprisonment no greater than 10 years. A second conviction carries a minimum term of imprisonment of 3 years. A third or subsequent conviction carries a minimum term of imprisonment of 10 years. Manufacturing, delivering or possessing with intent to manufacture or deliver hashish within 1,000 feet of a school or career training center carries a mandatory 8 year term of imprisonment. Delivering hashish to a minor carries a mandatory 8 year term of imprisonment.

See

  • North Dakota Century Code 19-03.1-23(1)(b) 
  • North Dakota Century Code 12.1-32-01(3)
  • North Dakota Century Code 19-03.1-23(3)

Paraphernalia

Possession, manufacture, delivery, or advertisement of paraphernalia is a Class A Misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $3,000. Providing paraphernalia to a minor is a Class C Felony, which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

See

  • North Dakota Century Code 19-03.4-01
  • North Dakota Century Code 19-03.4-06 
  • North Dakota Century Code 12.1-32-01(4),(5) 

Miscellaneous

Any conviction requires the offender to undergo a drug addiction evaluation.

If a juvenile is ajudicated delinquent of an offense that would be a class A misdemeanor or a felony if the offense were committeed by an adult, the juvenile court may order the suspension of the juvenile’s driving privileges for a period of up to six months for the first offense.

See

  • North Dakota Century Code 27-20-31.1
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. 

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.

North Dakota Drugged Driving

In North Dakota, a person is guilty of DUI if he or she drives (1) under the influence of any drug, substance, or combination of drugs or substances to a degree which renders that person incapable of safely driving, OR (2) under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely driving. N.D. Cent. Code Ann. § 39-08-01 (West 2009).

Affirmative Defense

The fact that any person is or has been legally entitled to use substances is not a defense against any charge for violating this section, unless a drug which predominately caused impairment was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to that person.

Implied Consent

  • Any person who operates a motor vehicle in North Dakota is deemed to have given consent to a chemical test, or tests, of the blood, breath, saliva, or urine for the purpose of determining the alcohol, other drug, or combination thereof, content of the blood. Id.§ 39-20-01.
  • The attempt to contact or the contacting of a parent or legal guardian is not a precondition to the admissibility of chemical test results or the finding of a consent to, or refusal of, chemical testing by the person in custody. Id.
  • In prosecution for driving under the influence, evidence of defendant’s refusal to submit to chemical blood alcohol test, though not sufficient to establish guilt, may be considered in light of other proven facts in deciding question of guilt or innocence. State v. Murphy, 516 N.W.2d 285 (1994).
  • Under the implied consent statute, an arrested person who asks to speak with an attorney before taking a chemical test must be given a reasonable opportunity to do so if it does not materially interfere with the test administration; a totality of the circumstances test is used to determine the reasonableness of the opportunity. In re R.P., 745 N.W.2d 642 (2008).

Penalties

  • First offenseclass B misdemeanor – minimum fine of $250; offender required to undergo addiction evaluation. N.D. Cent. Code Ann. § 39-08-01(2) (West 2009); Id. § 39-08-01(4)(a).
  • Second offense (within 5 year period) class B misdemeanor– minimum 5 day imprisonment (Or, 30 days of community service); minimum fine of $500; offender required to undergo addiction evaluation. Id. § 39-08-01(2); Id. § 39-08-01(4)(b).
    • NOTE: For second and subsequent offenses: motor vehicle number plates to be impounded for the duration of the period of suspension or revocation of the offender’s driving privileges Id. § 39-08-01(3).
  • Third offense: (within 5 year period) class A misdemeanor -minimum of 60 days imprisonment (48 hours of which must be served consecutively); minimum fine of $1,000; offender required to undergo addiction evaluation. Id. § 39-08-01(2); Id. § 39-08-01(4)(c).
  • Fourth offense (within 7 year period) class A misdemeanor – minimum of 180 days imprisonment (48 hours of which must be served consecutively); minimum fine of $1,000; offender required to undergo addiction evaluation. Id. § 39-08-01(2); Id. § 39-08-01(4)(d).
  • Fifth and Subsequent offense (within 7 year period) class C Felony – minimum 180 days imprisonment (48 hours of which must be served consecutively); minimum fine of $1,000 offender required to undergo addiction evaluation. Id. § 39-08-01(2); Id. § 39-08-01(4)(d).

Other Penalties & Penalty Enhancers

  • It is a class A misdemeanor for an individual who is at least twenty-one years of age to receive a DUI while a minor was accompanying the individual in a motor vehicle. Id. § 39-08-01.4.

Sobriety Checkpoints

North Dakota allows law enforcement to conduct sobriety checkpoints under the state and federal Constitution.

  • Law enforcement cannot stop a motorist for avoiding a sobriety roadblock, unless officers have a reasonable suspicion of a violation. City of Bismark v. Uhden, 513 N.W.2d 373 (N.D. 1994).
  • Random vehicle stops are prohibited. A reasonable sobriety checkpoint should be: systematic, stationary, and visibly marked with signs that can be seen by oncoming traffic. State v. Wetzel, 456 N.W.2d 115 (N.D. 1990).
  • Checkpoints to investigate drug trafficking are permissible, and may be utilized under the pretext of a license and registration checkpoint. State v. Everson, 474 N.W.2d 695 (N.D. 1991).

Case Law

State v. Murphy, 516 N.W.2d 285 (1994) — Evidence of defendant’s refusal to submit to chemical blood alcohol test is not sufficient to establish guilt, but may be considered in light of other circumstances when deciding question of guilt or innocence.

In re R.P., 745 N.W.2d 642 (2008) — Under the implied consent statute, an arrested person who asks to speak with an attorney before taking a chemical test must be given a reasonable opportunity to do so if it does not frustrate the purpose of the implied consent statute. When determining what is a ‘reasonable opportunity,’ the specific circumstances of the situation should be considered.

North Dakota Hemp Law

Year Passed: 1999

Summary: Under North Dakota law, individuals interested in growing industrial hemp need a license issued by the Department of Agriculture. Any person with a license can grow or process industrial hemp for commercial purposes or research. Licensing applications are approved by the commissioner at the Department of Agriculture. The current application process requires an extensive application process and fees.

House Bill 1438 was signed into law in 2015 and amended the existing law by removing the requirement that state-licensed hemp growers must also be federally licensed by the Drug Enforcement Administration.

Statute: N.D. Cent. Code, § 4-41-01

North Dakota Medical Marijuana Law

Status

 

Not Yet Operational

Law Signed:

 2016

QUALIFYING CONDITIONS

  • Agitation from Alzheimer’s disease or related dementia
  • Amyotrophic lateral sclerosis (ALS)
  • Cachexia or Wasting syndrome
  • Cancer
  • Chronic or debilitating disease
  • Crohn’s disease
  • Epilepsy
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Intractable nausea
  • Multiple sclerosis
  • Post-traumatic stress disorder (PTSD)
  • Seizures
  • Severe and persistent muscle spasms
  • Severe debilitating pain
  • Spinal stenosis

PATIENT POSSESSION LIMITS

Patients who possess a physician’s recommendation may legally obtain up to three ounces of herbal medical cannabis provided by state licensed dispensaries. A registered qualifying patient may not purchase or have purchased by a registered designated caregiver more than the maximum concentration or amount of tetrahydrocannabinol permitted in a thirty – day period. The maximum concentration or amount of tetrahydrocannabinol permitted in a thirty – day period for a cannabinoid concentrate or medical cannabinoid product, or the cumulative total of both, is two thousand milligrams. Patients must have a specific certification from their physician in order to consume herbal cannabis formulations via combustion. Otherwise patients are permitted only to obtain cannabis infused tinctures, capsules, patches, or topical. Edible products are not defined as a “medical cannabinoid product” under the act.

HOME CULTIVATION

No. This provision was removed by lawmakers by the passage of SB 2344.

STATE-LICENSED DISPENSARIES

Yes, but no more than two producers and eight dispensaries.

STATE-LICENSED DISPENSARIES OPERATIONAL

Not yet

CONTACT INFORMATION

The program’s rules are specified in Senate Bill 2344. The program is expected to be operational by summer 2018.

Equal Medicine Organization Medical Marijuana Cannabis Cultivation