Cannabis in North Dakota

Last updated

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. [1] The cultivation of hemp is currently legal in North Dakota. [2] In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; [3] the measure was rejected 59% to 41%. [4] Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic. [5]

Contents

After a failed attempt in 2021 to legislatively legalize recreational cannabis, activates successfully placed an initiative on the November 2022 ballot. [6] [7] This attempt at legalization failed when a majority of voters rejected the measure. [8]

Prohibition

Marijuana was made illegal in North Dakota in 1933; Oklahoma made it illegal the same year, and South Dakota in 1931. [9] In May 2019, penalties were reduced in the state, with possession resulting in a fine instead of jail time, however possession of any amount of hashish or concentrates is still a felony, with punishment up to 5 years in prison.

Medical marijuana

Failed attempts (2015)

In 2015, House Bill 1430 attempted to establish a medical marijuana framework, but was voted down at 26-67 in February. Members of the House Human Services Committee stated: “We just felt that the concerns and the risks at this point in time outweigh the potential benefits … for a small group that feels that none of the currently available drugs work". [10] Following the bill's failure, a Fargo resident began the process of preparing a ballot initiative to legalize medical marijuana for the 2016 general election. [11]

Medical legalization (2016)

In 2016, North Dakota voters approved Measure 5, establishing a medical cannabis program for their state. [12] In 2017, both houses of the state legislature passed changes to Measure 5, including removal of a provision allowing medical users to grow their own marijuana. The changes also required that a medical professional specifically recommend smoking as a method of using marijuana in some cases. Some backers of the ballot initiative were displeased with the legislation, saying that some of the regulations were not justifiable. [13] The bill passed both houses of the ND State Legislature with the required two-thirds majority. As of July 10, 2018, the North Dakota Department of Health has opened an application window for medical cannabis dispensary licenses in the Bismarck and Fargo areas. [14]

Medical Marijuana Program

Effective April 18, 2017, the North Dakota Department of Health established and implemented a medical marijuana program to allow the production, processing, sale, dispensing, and medical use of marijuana by qualifying patients and caregivers. [15] In May 2018, Pure Dakota LLC and Grassroots Cannabis were selected to run the two manufacturing facilities allowed under the program's rules. [16]

Recreational Marijuana

Recreational Referendum 2018 (Failed)

North Dakota residents voted on an initiative to legalise recreational marijuana at the same time as the 2018 midterms. The measure was rejected 59% to 41%. [17]

Decriminalization (2019)

In May 2019, Governor Doug Burgum signed HB 1050, which eliminated the threat of jail time for adults over 21 that possess up to half an ounce of cannabis, although the maximum allowable fine was not modified. The bill also reduced penalties for possession of larger amounts. [18]

Recreational Referendum 2020 (Not on the ballot)

The North Dakota Freedom of Cannabis Act would have legalized recreational marijuana in the North Dakota for those 21 and older. It would also allow North Dakotans to grow a small number of plants at home, but it would have specifically barred public consumption. The measure needed a minimum of 27,000 valid signatures. The sponsoring committee was about 3,000 signatures short. [19]

Recreational Referendum 2022

New Approach ND lead the signature-gathering process, turning in signatures in July 2022. [20] The initiative would allow adults 21 years or older to possess up to one ounce of cannabis, four grams of concentrate, and grow up to three plants for personal use. In the November 2022 election, voters rejected legalization with 54.94% voting no. [21]

Polling

A late-2014 poll conducted by the University of North Dakota found that North Dakotans favored medical marijuana 47-41, but were against legalizing recreational marijuana, 24-68. [22] A 2018 poll showed that North Dakotans favored the recreational marijuana ballot initiative 46-39 with 15 percent undecided. [23]

Legislation

Personal use possession of less than 1⁄2 of an ounce (14 g) is a Class B misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $1,000. Personal use possession of less than half an ounce while operating a motor vehicle is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000. Personal use possession of 1⁄2–1 ounce (14–28 g) is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000. [24]

In 2021, the North Dakota legislature attempted to legalize marijuana when state representative Jason Dockter (R-Bismarck) introduced legislation to allow adults 21 and older to possess and purchase up to 1 ounce of marijuana for personal use. The legislation prohibited home cultivation and required that purchases be tracked and limited to the legal amount. Dockter and other Republicans supported the bill despite their personal opposition to legalization in order to prevent a more permissive voter-sponsored legalization measure from appearing on the ballot in 2022. [25] Although it was approved by the state house, the state senate rejected the proposal in a 10-37 vote on March 25, 2021; activists subsequently pledged to move forward with their own ballot initiative. [26]

Related Research Articles

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span> Cannabis laws by state and territory

In the United States, the use and possession of cannabis is illegal under federal law by way of the Controlled Substances Act of 1970. Cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this, most states have passed laws to legalize the use of cannabis for medical purposes, while close to a majority of states have legalized for recreational use.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Wyoming</span> Overview of the use and legality of cannabis in Wyoming

Cannabis is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive Cannabidiol. An effort was made to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.

<span class="mw-page-title-main">Cannabis in South Dakota</span> Legality, use and culture of cannabis in the U.S. state of South Dakota

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.

<span class="mw-page-title-main">Cannabis in Arkansas</span> Legal status

Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.

<span class="mw-page-title-main">Cannabis in Alaska</span> Legality, use and culture of cannabis in the U.S. state of Alaska

Cannabis in Alaska is legal for recreational use since 2015. It was first legalized by the court ruling Ravin v. State in 1975, but later recriminalized by Measure 2 in 1990. Ballot measures in 2000 and 2004 attempted to legalize recreational use, until finally Measure 2 in 2014 passed with 53.2% of the vote. Medical use was legalized by way of Measure 8 in 1998.

<span class="mw-page-title-main">Cannabis in Nevada</span> Legality of marijuana in Nevada

Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.

<span class="mw-page-title-main">Cannabis in Arizona</span> Overview of the use and culture of cannabis in Arizona, U.S.

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in North Carolina</span> Legality, use and culture of cannabis in the U.S. state of North Carolina

Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.

<span class="mw-page-title-main">Cannabis in Missouri</span> Legality, use and culture of cannabis in the U.S. state of Missouri

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Mississippi</span> Legality, use and culture of cannabis in the U.S. state of Mississippi

Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.

<span class="mw-page-title-main">Cannabis in New Jersey</span> Overview of the use and culture of cannabis in New Jersey, U.S.

Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.

<span class="mw-page-title-main">Cannabis in Maryland</span> Legality, use and culture of medical and recreational cannabis in Maryland

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<span class="mw-page-title-main">Cannabis in Ohio</span> Legality, use and culture of cannabis in the U.S. state of Ohio

Cannabis in Ohio will become legal for recreational use on December 7, 2023. Since 1975, possession of up to 100 grams has been decriminalized, with several of the state's major cities having enacted further reforms. On November 7, 2023, voters approved Issue 2 by a 57–43 margin to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Michigan</span> Legality, use and culture of cannabis in the U.S. state of Michigan

Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

<span class="mw-page-title-main">2020 South Dakota Measure 26</span> Ballot measure in South Dakota legalizing medical marijuana

South Dakota Initiated Measure 26 was a 2020 voter initiative to legalize medical cannabis in the U.S. state of South Dakota. The initiative was certified by the South Dakota Secretary of State for the 2020 ballot on December 19, 2019. The sponsor of the initiative was New Approach South Dakota, a volunteer group headed by Melissa Mentele. The group had unsuccessfully tried to get an initiative on the 2018 ballot. Polling in September 2020 indicated 70% voter support for the initiative.

<span class="mw-page-title-main">2020 Arizona Proposition 207</span> Initiative to legalize recreational marijuana in Arizona

Arizona Proposition 207 was a voter initiative that appeared on the November 3, 2020, Arizona general election ballot to legalize cannabis for recreational use. Passing with 60% of the vote, the initiative legalized the possession of up to an ounce of cannabis, licensed sales at dispensaries, and personal cultivation of up to six plants. Along with Montana, New Jersey and South Dakota, Arizona is one of four states that legalized recreational marijuana via ballot measures in 2020.

<span class="mw-page-title-main">2020 New Jersey Public Question 1</span> Ballot measure in New Jersey legalizing marijuana

New Jersey Public Question 1, the Constitutional Amendment To Legalize Marijuana, was a measure that appeared on the November 3, 2020 New Jersey general election ballot. Passing with the largest margin of victory of any statewide cannabis legalization ballot measure in US history, Question 1 legalized the possession and recreational use of cannabis; although planned to go into effect January 1, 2021, implementation was delayed until February 22 due to a dispute between the governor and legislature over penalties for underage cannabis users. Retail sales are also allowed under the amendment.

<span class="mw-page-title-main">2022 Maryland Question 4</span> Referendum to legalize recreational marijuana in Maryland

Question 4 was a voter referendum to amend the Constitution of Maryland in order to legalize cannabis for adult use in Maryland. The referendum was approved overwhelmingly, with more than twice as many voters voting in favor of it than against it, on November 8, 2022, and went into effect on July 1, 2023.

References

  1. ↑ North Dakota Laws & Penalties, NORML
  2. ↑ "Revolution, Hemp Style Now". Cannabis News.
  3. ↑ Angell, Tom. "North Dakota Marijuana Legalization Measure Qualifies For November Ballot". Forbes.
  4. ↑ Jaeger, Kyle (November 7, 2018). "North Dakota Voters Reject Marijuana Legalization Measure".
  5. ↑ Taylor, Alexander (July 30, 2019). "Two groups fighting for legal marijuana in ND". Jamestown Sun. Retrieved July 31, 2019.
  6. ↑ North Dakota Senate looks to turn over new leaf on recreational marijuana
  7. ↑ North Dakota Senate Rejects House-Passed Marijuana Legalization Bill, Ceding Issue To Activists For Ballot Measure
  8. ↑ Jaeger, Kyle (November 9, 2022). "North Dakota Voters Reject Marijuana Legalization Ballot Initiative". Marijuana Moment. Retrieved June 14, 2023.
  9. ↑ Charles H. Whitebread (1974). The Marijuana Conviction: A History of Marijuana Prohibition in the United States. Lindesmith Center. p. 39. ISBN   978-1-891385-06-3.
  10. ↑ Nowatzki, Mike (February 18, 2015). "North Dakota House kills medical marijuana bill". Grand Forks Herald. Retrieved August 26, 2015.
  11. ↑ "Fargo man pushing initiative to legalize medical marijuana". ksl.com. The Associated Press. August 9, 2015. Retrieved November 23, 2023.
  12. ↑ New, The (November 8, 2016). "North Dakota Measure 5 — Medical Marijuana — Results: Approved – Election Results 2016 – The New York Times". The New York Times . Retrieved November 17, 2016.
  13. ↑ "Rules Set for North Dakota Medical Marijuana Program". US News. Retrieved June 27, 2017.
  14. ↑ "Medical Marijuana Program Status Update 07-10-18" (PDF).
  15. ↑ "Medical Marijuana - North Dakota Department of Health". www.ndhealth.gov.
  16. ↑ Horn, Andrew (May 16, 2018). "ND Department of Health chooses medical marijuana manufacturers". www.kfyrtv.com.
  17. ↑ "North Dakota Voters Reject Marijuana Legalization Measure". November 7, 2018.
  18. ↑ "North Dakota Governor Signs Marijuana Decriminalization Bill". May 9, 2019.
  19. ↑ "Marijuana legalization will not be on the November ballot". July 22, 2020.
  20. ↑ Jaeger, Kyle (October 3, 2022). "North Dakota Marijuana Legalization Campaign's New Ads Feature Former Police Officer And Military Veteran". Marijuana Moment. Retrieved June 13, 2023.
  21. ↑ Jaeger, Kyle (November 9, 2022). "North Dakota Voters Reject Marijuana Legalization Ballot Initiative". Marijuana Moment. Retrieved June 13, 2023.
  22. ↑ "Poll: N.D. accepts medical marijuana, not recreational". Bismarcktribune.com. October 17, 2014. Retrieved August 26, 2015.
  23. ↑ "The next state to legalize marijuana could be . . . North Dakota?". The Washington Post .
  24. ↑ [normal.org]
  25. ↑ North Dakota Senate looks to turn over new leaf on recreational marijuana
  26. ↑ North Dakota Senate Rejects House-Passed Marijuana Legalization Bill, Ceding Issue To Activists For Ballot Measure
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.