Summary of Measure 5: North Dakota’s 2024 Cannabis Initiative
Adult-Use Possession
Adults who are 21 and older would be allowed to:
Possess up to one ounce of cannabis, four grams of concentrated cannabis, and infused products with no more than 300 milligrams of THC.
Securely and discreetly cultivate three plants with a limit of six plants per household.
Prohibited Conduct and Penalties
Adult-use cannabis could not be used:
in any place that is open to the public
on public transportation
in a motor vehicle
Adult-use cannabis could not be possessed:
on school property, a school bus, or a place with a school event
in a correctional facility
on state or federal property
Cannabis plants must be secure and cannot be visible to the public.
The measure does not allow anyone to use cannabis when doing so would constitute negligence or professional malpractice.
No one can use cannabis where the smoke or vapor would be inhaled by a person under 21 years of age.
No one can drive under the influence of cannabis, or operate an aircraft, train, snowmobile, or motorboat while under the influence of cannabis.
Regulators could suspend or revoke cannabis licenses for violating rules.
State Regulation and Licensing of Cannabis Businesses
The legislature would determine which agency will license and regulate cannabis businesses — Health and Human Services or another entity.
Regulators would license up to 18 retailers and seven manufacturing facilities.
Applicants will pay a nonrefundable application fee of up to $5,000.
Licensing fees are up to $90,000 for a dispensary and up to $110,000 for a manufacturing facility. Manufacturers that grow more than 1,000 plants must pay a $7,500 fee for each 500 additional plants. Their total plants may not exceed 10,000.
Licenses must be renewed every two years.
Cannabis businesses would have to comply with rules, including requirements for inventory control, recordkeeping, limited access areas, a security alarm system, other security and safety measures, employee training, audits, labeling, lab testing, packaging, and advertising.
Cannabis establishments could not be located within 1,000 feet of a school.
Limited Civil Protections
A person could not be denied child custody, gun rights, or public assistance benefits based on state-legal, responsible cannabis conduct that does not endanger the minor.
Timeline
The law takes effect 30 days after approval, which would be December 5, 2024.
Rules governing cannabis businesses are due by October 2025.