North Dakota Senate Kills Proposal To Expand Marijuana Decriminalization And Lessen Penalties
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Just days after a North Dakota Senate committee recommended killing a House-passed measure that would reduce state penalties for low-level marijuana possession, the full chamber has proceeded with rejecting the proposal.
On Wednesday, senators voted 32–14 against the bill, HB 1596, from Rep. Liz Conmy (D). If enacted, it would have made the state penalty for possession of up to half an ounce of marijuana a $150 civil fine.
North Dakota in 2019 enacted what advocacy groups generally refer to as a marijuana decriminalization law, which 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.
HB 1596, would have instead 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.
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.
Speaking for the Senate Judiciary Committee on the floor Wednesday, Sen. Janne Myrdal (R) said that “we came to the conclusion that even recently, the people in North Dakota have said no to to legalizing recreational marijuana. This bill would decriminalize it.”
State voters have not weighed in on simple marijuana decriminalization, though last year they rejected a broader 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.
“Should we deny the vote of the people and crack that door open—no pun intended—for decriminalizing marijuana?” Myrdal asked colleagues.
Sen. Judy Lee (R) voted against the bill but pointed out that voters only considered legalization, not simple decriminalization.
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“We definitely saw the voters voting to keep recreational marijuana illegal, but they did not consider the question of whether it should be criminal,” Lee said. “So there is a differentiation there.”
That didn’t stop senators from repeating the assertion that voters oppose ending criminal penalties for simple marijuana possession.
“I feel like we have criminal offenses on the books for a reason,” said Sen. Diane Larson (R), “and the people have voted on this and want to keep this on the books.”
Lawmakers and advocates who oppose the measure have repeatedly claimed that voters’ rejection of commercial legalization measures means they want to keep criminalizing cannabis.
“The voters have spoken on this issue,” Stephanie Ingebretsen, a representative of the Chiefs of Police Association of North Dakota, said at a hearing earlier this week. “They’re not interested in legalization and would like it to stay a criminal offense.”
“In this case, I have to stand behind the voters,” Sen. Bob Paulson (R) said at the time, ostensibly reasoning that because voters rejected commercial legalization, they would similarly oppose any reduction to criminal penalties for simple possession.
Despite pushback from police and sheriffs’ departments, the proposal has support from some county prosecutors and defense attorneys.
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.”
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