Fully Illegal North Dakota falls under the "Medical and Decriminalized" category. This means that people who have a medical card can possess up to three ounces of flower. And, while it is not legal to have/ use marijuana recreationally in North Dakota, it is decriminalized up to half an ounce. But doing things like having large amounts and selling it can get felonious. See? Gray Area. Well, a North Dakota man is waiting for charges for a few marijuana plants in his apartment. Depending on the number of plants and amount of paraphernalia, he could see some jail time and fines.