North Dakota

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

North Dakota does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Social Equity Provisions

North Dakota does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

North Dakota does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Financial Support for Social Equity Applicants and Licensees

North Dakota does not offer state-level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

North Dakota does not offer state-level licensing priority or set-asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

North Dakota is a limited license state and has licensing caps within its medical cannabis framework. The department shall register no more than two compassion centers with the sole purpose of operating as a manufacturing facility and eight compassion centers with the sole purpose of operating as a dispensary.

Source:

N.D. Cent. Code § 19-24.1-12. Subsection (2)(a-b). Compassion centers

Application Selection Process

  • Selection System:
Merit

North Dakota distributes medical cannabis licenses through a merit system.

Source:

N.D. Cent. Code § 19-24.1-12. Subsection 3. Compassion centers
N.D. Admin. Code 33-44-01-06. Subsection (5)- (9). Compassion center application process

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
No

North Dakota’s medical framework disqualifies applicants for cannabis licensure on the basis of certain convictions. Any individual convicted of a drug-related misdemeanor offense within the five-year period before the date of application, or any felony offense, is prohibited from being a compassion center agent. There is no carve-out protecting individuals with qualified cannabis offenses.

Source:

N.D. Cent. Code § 19-24.1-18. Subsection (3)(c).Compassion centers — Agents — Registry identification cards

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
No

The  North Dakota medical use sector has restrictions disqualifying potential employees with certain convictions. Any individual convicted of a drug-related misdemeanor offense within the five-year period before the date of application or any felony offense is prohibited from being a compassion center agent. There is no carve-out protecting individuals with qualified cannabis offenses.

Source:

N.D. Cent. Code § 19-24.1-18. Subsection (3)(c).Compassion centers — Agents — Registry identification cards

Availability of Expungements

  • Expungements:
Yes, Not Automatic

North Dakota offers record cleaning remedies for certain cannabis convictions, however, this process is not automatic and requires action from the individual. Cannabis convictions for possession of 1 ounce or less may be sealed if the conviction is a first-time offense and the defendant doesn’t have another conviction within two years.

Source:

N.D. Cent. Code, § 19-03.1-23. Subsection (9)