North Dakota Senate Committee Rejects Bill To Expand Marijuana Decriminalization That Had Already Passed House

A North Dakota Senate committee has defeated a House-passed bill that sought to reduce the state penalty for low-level marijuana possession to a $150 civil fine.

The Senate Judiciary Committee on Monday voted 5–2 to reject the bill, HB 1596, from Rep. Liz Conmy (D). While the proposal had support from county prosecutors and defense attorneys in the state, police and sheriffs departments were broadly opposed.

“The voters have spoken on this issue,” Stephanie Ingebretsen, who testified on behalf of the Chiefs of Police Association of North Dakota. “They’re not interested in legalization and would like it to stay a criminal offense.”

While North Dakota in 2019 enacted what advocacy groups refer to as a marijuana decriminalization law that removed the risk of jail time for possessing under a half-ounce of cannabis, possession nevertheless remains a criminal infraction and carries a fine of up to $1,000.

While voters have not weighed in on decriminalization itself, last year they rejected an adult-use legalization ballot initiative that would have created a commercial cannabis market. Voters also rejected an earlier legalization proposal at the ballot box in 2022.

The newly rejected bill, HB 1596, would have made simple possession of up to half an ounce of marijuana a civil citation. That change would remove the need for courtroom appearances, which proponents said would help decongest the state’s clogged court system and free up prosecutorial resources for more pressing concerns.

“To give you an idea of the magnitude of time, energy and resources extended,” sponsor Conmy told colleagues, “between January 1, 2021 and December 31, 2024—four years in North Dakota—there were 8,676 marijuana charges, 7,365 cases opened, 17,000 hearings, 2,357 cases with a public defender appointed. And all of these cases were handled by our state’s attorneys.”

More than 90 percent of cases involved possession of less than half an ounce of marijuana, she said.

Conmy testified that the proposal was “the result of suggestions from state’s attorneys in Cass County, Stark County and other counties regarding the congestion in our state’s attorneys offices, our judicial services and courtrooms and also the overwhelming demands on law enforcement professionals when it comes to dealing with small amounts of marijuana.”

In addition to making lowest-level possession a civil citation, HB 1596 would also step down a number other possession penalties: Having between half an ounce and 100 grams would become a criminal infraction, having between 100 and 500 grams would become a class B misdemeanor and having over 500 grams would become a class A misdemeanor.

The measure would also adjust the law around possession of THC, the primary active ingredient in marijuana. Possession of less than two grams would become a noncriminal citation, between two grams and four grams would be a criminal infraction, between four grams and six grams would be a class B misdemeanor and above six grams would be a class A misdemeanor.

Sen. Jose Castaneda (R) at one point during Monday’s hearing suggested doing away with the provisions that would lessen penalties for possessing higher amounts of marijuana and THC.

“By just reducing that first part—half an ounce or less—you’re now effectively fixing, I don’t know, hopefully 60, 70, 80 percent of that issue you have,” he said. (Conmy reminded the panel that about 90 percent of possession cases involved less than half an ounce of marijuana.)

Colleagues instead chose to kill the bill entirely.

“In this case, I have to stand behind the voters,” said Sen. Bob Paulson (R), ostensibly reasoning that because voters rejected commercial legalization, they would similarly oppose any reduction to criminal penalties for simple possession.

Two lawmakers voted against scuttling the bill: Sens. Ryan Braunberger (D) and Claire Cory (R).

Cory told colleagues she thought it was “interesting that we talked the whole session about how the courts are so clogged up.”

“This is a solution to fix it, and now we’re opposed to it,” she said.

At another point in the hearing, Cory said she has “a lot of friends that are law enforcement officers, and they’re actually in favor of this.”

Braunberger, for his part, said it’s “such a bad thing” by how differently alcohol and marijuana are treated in the country, adding that reducing criminal consequences for small marijuana cases is an issue that’s important to his constituents.

In written testimony submitted in support of the bill, Cass County State’s Attorney Kimberlee Hegvik said that “cases involving small amounts of marijuana and paraphernalia used to prepare and ingest it take time from dockets that are also handling serious violent crimes.”

“Making these offenses functionally equivalent to traffic tickets and giving offenders the option to pay fines in lieu of appearing in court cuts down on criminal justice system resources significantly,” Hegvik wrote. “This bill promotes judicial efficiency and economy, allowing the criminal justice system to focus on more serious crimes and behaviors that impact the safety of our communities while still holding people accountable for possessing small amounts of marijuana and marijuana paraphernalia.”

Comments from Jason Kraft, a Ward County Sheriff’s Department captain, said his county has already arrived at a simplified approach that eases court congestion.

“The way we currently handle these infractions in our jurisdiction imposes a minimal burden on the courts for simple possession,” he explained. “When they are cited for the infraction, we provide the arrestee a copy of what’s called Rule 43 paperwork. This is paperwork from our State’s Attorney that sets forth an agreement between the arrestee and the State’s Attorney to accept a written guilty plea in exchange for a $150 fine. All the person must do is take this paperwork to the State’s Attorney, sign it, and then pay the $150 fine.”

“This process respects the vote of the people that once again rejected the use of marijuana in our society,” Kraft added, “while also avoiding disparity in penalties, and promoting judicial economy.”

HB 1596 passed the state House of Representatives in late February, on a 76–17 vote. Earlier that month, the House Judiciary Committee advanced the legislation on an 11–1–2 vote.

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Photo courtesy of Philip Steffan.