North Dakota Senate Rejects Bill to Reduce Marijuana Possession Penalties, Despite House Approval

Yesterday, members of the North Dakota Senate voted 32 to 14 to reject House-backed legislation (HB 1596), which sought to reduce penalties for marijuana possession. The bill aimed to amend the penalties for possessing small amounts of cannabis, but despite passing the House with a vote of 76 to 17, it faced strong opposition in the Senate.

HB 1596 Proposed Major Reduction in Cannabis Possession Penalties

Under HB 1596, possession of up to one-half ounce of marijuana would have been reclassified as a noncriminal infraction, punishable only by a civil fine of no more than $150. Current law still classifies such offenses with fines up to $1,000 and the risk of a criminal record, though jail time is not a typical consequence for small amounts of cannabis.

Bill Also Addressed Penalties for Possession of Larger Quantities

In addition to the changes for smaller amounts, HB 1596 proposed partial decriminalization for possession of more than one-half ounce but less than 100 grams. Under existing law, such offenses carry penalties of up to 30 days in jail. The bill was aimed at reducing criminal penalties and relieving pressure on the state’s court system.

NORML and Advocates Argue Against the Criminalization of Minor Marijuana Possession

The National Organization for the Reform of Marijuana Laws (NORML) was a key supporter of HB 1596, urging lawmakers to pass the bill. NORML argued that criminalizing marijuana possession continues to harm thousands of North Dakotans annually, burdening them with criminal records and limiting opportunities. In an action alert, NORML stressed that minor marijuana offenses should not lead to criminal charges, court appearances, or stigmas that can impact people for life.

Supporters of the Bill Highlight Impact on Court Resources and Law Enforcement

Supporters of the bill, including Democratic Rep. Liz Conmy, argued that the bill would help free up resources in the state’s courts and law enforcement system. Rep. Conmy emphasized the amount of time and money spent on marijuana-related enforcement, citing statistics from 2021-2024 that showed thousands of charges, cases, hearings, and appointments of public defenders for marijuana offenses.

North Dakota’s Marijuana-Related Arrests Continue to Account for a Significant Portion of Drug Offenses

According to FBI data, marijuana-related arrests accounted for more than 40 percent of all drug-related arrests in North Dakota in 2023. A majority of these arrests involved possession of less than half an ounce of marijuana. This data was used by bill supporters to argue that the state’s law enforcement resources could be better used addressing more serious criminal offenses.

Senate Rejects HB 1596 Despite Widespread Public Support for Cannabis Reform

Despite the strong support from the public and organizations like NORML, the North Dakota Senate ultimately rejected the bill. Many lawmakers pointed to opposition from law enforcement agencies and voters’ recent rejection of a statewide initiative to legalize adult-use marijuana as reasons for their vote against the bill. Of the 32 lawmakers who voted against the bill, 30 were Republicans, along with one Democrat. Nine Republicans and four Democrats voted in favor of it.

Pending Legislation to Allow Cannabis-Infused Edible Products for Medical Use

In contrast to HB 1596, Senate Bill 2294, which would allow qualified patients to legally possess cannabis-infused edible products, is still being debated in a conference committee. North Dakota legalized medical cannabis in 2016, but the new bill would expand access to cannabis-infused edibles, an important issue for patients who rely on non-smokable forms of marijuana.