Cannabis Rules & Regulations: North Dakota

North Dakota Cannabis History

While recreational cannabis use remains illegal in North Dakota for the moment, medical use has been permitted since 2016 with the passage of Measure 5, which established the North Dakota Compassionate Care Act.

2019’s HB 1050 reduced the penalties for possession of small amounts to a fine.

A 2020 initiative proposing full legalization was foiled at the signature-gathering stage by the COVID-19 pandemic, but a campaign to end marijuana prohibition through a voter referendum in 2022 is underway.

North Dakota Child-Resistant Packaging Rules

North Dakota has the following guidelines in place for child-resistant medical marijuana packaging:

33-44-01-25. Usable marijuana packaging.
All usable marijuana packaging used by a manufacturing facility must be approved by the department. A manufacturing facility shall package all usable marijuana intended for distribution according to the following standards:

1. Usable marijuana containers must be: a. Plain.

b. Tamper-evident.

c. Child-resistant.

2. Usable marijuana must be packaged to minimize its appeal to children.

33-44-01-26. Manufacturing facility labeling.
1. A manufacturing facility shall label all usable marijuana in accordance with the following before their sale or transfer to a dispensary:

a. A container holding dried leaves and flowers must include the following information:

(1) Manufacturers' business or trade name and registry certification number;
(2) Container identification number;
(3) Harvest lot number;
(4) Date of harvest;
(5) Name of strain;
(6) Net weight in United States customary and metric units;
(7) Concentration of total tetrahydrocannabinol and total cannabidiol;
(8)
(9) (10) (11)
Activation time expressed in words or through a pictogram; Expiration date;
Universal symbol; and
Consumer warnings that state:

(a) "This product is not approved by the Food and Drug Administration to treat, cure, or prevent any disease."
(b) "For use by North Dakota registered qualifying patients only."
(c) "Keep out of reach of children."
(d) "It is illegal to drive or to be in actual physical control of a motor vehicle while under the influence of marijuana."

b. A container holding a cannabinoid concentrate must include the following information:

(1) Manufacturing facility's business or trade name and registry certification number;
(2) Container identification number;
(3) Process lot number;
(4) Product identity;
(5) Date the concentrate was made;
(6) Net weight or volume in United States customary and metric units;
(7) If applicable, serving size and number of servings per container or amount suggested for use by the consumer or patient at any one time;
(8) Concentration or amount of tetrahydrocannabinol, and the concentration or amount of cannabidiol, by weight or volume in each amount suggested for use and in the container;
(9) Activation time, expressed in words or through a pictogram;
(10) Expiration date;
(11) Universal symbol;
(12) Pediatric symbol, if applicable; and
(13) Consumer warnings that state:

(a) "This product is not approved by the Food and Drug Administration to treat, cure, or prevent any disease."
(b) "For use by North Dakota registered qualifying patients only."
(c) "Keep out of reach of children."
(d) "It is illegal to drive or to be in actual physical control of a motor vehicle while under the influence of marijuana."

c. A container holding a medical cannabinoid product must include the following information:

(1) Manufacturers' business or trade name and registry certification number;
(2) Container identification number;
(3) Process lot number;
(4) Product identity;
(5) Date the product was made;
(6) Net weight or volume in United States customary and metric units;
(7) Serving size and number of servings per container;
(8) Concentration or amount of tetrahydrocannabinol, and the concentration or amount of cannabidiol, by weight or volume in each serving and in each container;
(9) List of ingredients in descending order or predominance by weight or volume used to process the medical cannabinoid product;
(10) Activation time, expressed in words or through a pictogram;
(11) Expiration date;
(12) Universal symbol;
(13) Pediatric symbol, if applicable; and
(14) Consumer warnings that state:

(a) "This product is not approved by the Food and Drug Administration to treat, cure, or prevent any disease."
(b) "For use by North Dakota registered qualifying patients only."
(c) "Keep out of reach of children."
(d) "It is illegal to drive or to be in actual physical control of a motor vehicle while under the influence of marijuana."

2. Usable marijuana labels required in accordance with this section must be no smaller than eight point, arial or calibri, font. If, due to the size of the container, sufficient space does not exist for a label containing all of the required information, the manufacturing facility may:

a. Use a peel-back or accordion label if, the peel-back or accordion label is easily identified as containing the required information; or
b. Reduce the size of the required information to six point font.

See North Dakota Chapter 33-44-01 for more information.

Useful Links for North Dakota Cannabis Regulations

North Dakota Department of Health Division of Medical Marijuana
North Dakota Laws and Penalties
North Dakota 19-24.1-01. Definitions of Medical Marijuana Regulations
North Dakota Medical Marijuana Program Portal

North Dakota Cannabis Growers Application

North Dakota Department of Hemp

Note: North Dakota is pursuing a vertically integrated cannabis business model. Licensed operators will be responsible for the cultivation, processing and manufacturing, transportation and retail distribution of medical marijuana.

Applications and application windows are yet to be released by the Department of Health.

Editor's Note: Status as of 4/5/2021

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Cannabis Rules & Regulations: North Dakota

North Dakota Cannabis History

North Dakota Child-Resistant Packaging Rules

Useful Links for North Dakota Cannabis Regulations

North Dakota Cannabis Growers Application