Over the years, North Dakota has experienced substantial transformations in its cannabis policies. From a complete ban to the legalization of medical marijuana, the state’s progression reflects the evolving attitudes toward cannabis in the region.
This comprehensive overview delves into the nuanced details of marijuana laws, its history, and recent legislative developments in North Dakota.
Marijuana Laws in North Dakota
So, is weed legal in North Dakota? Unfortunately, recreational marijuana remains illegal in North Dakota. However the state has decriminalized the possession of less than 0.5 ounces by adults aged 21 and older for personal use.
This move aimed to reduce penalties, replacing imprisonment with fines, fostering a more lenient approach to small-scale possession.
In 2016, voters approved Initiated Measure 5, known as the North Dakota Compassionate Care Act, legalizing medical marijuana.
This legislation enables registered individuals with specific medical conditions to purchase and possess up to 3 ounces of medical marijuana, providing a more compassionate approach to those in need.
Historical Perspective
North Dakota’s association with marijuana has undergone a significant transformation. Initially in South Dakota marijuanas legalized recreationally and medicinally, but the state reversed its stance in 1931, recriminalizing marijuana.
However, a pivotal shift in North Dakota laws occurred in 2016 when Measure 5 was passed, heralding the legalization of medical marijuana. Subsequent legislative changes underscored the state’s dedication to maintaining a balance between compassion and regulation.
Legislative Developments
In 2019, House Bill 1050 further reduced penalties for small-scale marijuana possession, reflecting a trend towards a more lenient stance. However, attempts to expand legalization faced challenges.
In 2021, House Bill 1420 aimed to allow adults aged 21 and above to possess and use up to 1 ounce of marijuana, but it was rejected in the Senate. Similarly, House Bill 1501 in 2022, proposing a 15% tax on recreational marijuana, faced rejection.
Measure 27 South Dakota
In 2022, IM 27 South Dakota sought to legalize non-medical cannabis through a voter initiative. Certified for the 2022 ballot on May 25, 2022, the initiative was organized by Recreational Dispensary in South Dakota for Better Marijuana Laws (SDBML) and faced opposition from Protecting South Dakota Kids. Unfortunately, the initiative did not pass, receiving a 52.92% no vote in the November 2022 election, and thus did not become law.
2022 Ballot Measure
Despite legislative setbacks, a 2022 ballot measure, known as Measure 2, sought North Dakota decriminalization.
Proposing a program to be implemented by October 1, 2023, it mirrored previously rejected bills. Unfortunately, North Dakota voters rejected Measure 2 by a vote of 55% to 45%.
Cannabis Usage in North Dakota
Registered medical marijuana patients in North Dakota can legally use marijuana for specific medical conditions. However, recreational use remains prohibited. The law limits possession for medical users to 3 ounces of herbal marijuana or 2,000 milligrams of THC in 30 days.
Sale and Cultivation
As of 2023, recreational marijuana sale is illegal. The Compassionate Care Act dictates that registered patients purchase from licensed dispensaries, or “compassion centers,” adhering to specified amounts. Home cultivation is prohibited, and penalties for sale or possession with intent to distribute remain stringent, especially concerning minors.
Penalties and Restrictions
Understanding North Dakota sentencing guidelines for marijuana-related offenses is crucial. While minor possession results in fines, larger quantities could result in imprisonment. Below are some penalties and restrictions you might encounter as they haven’t had marijuanas legalized North Dakota:
- Ingesting any amount of marijuana is a misdemeanor with a penalty of up to 30 days imprisonment and/or a maximum fine of $1,500.
- Possession of less than 1/2 ounce [14.175 grams] of marijuana is a criminal infraction, punishable by a fine of up to $1,000.
- Possession of more than 1/2 ounce but less than 500 grams of marijuana is a misdemeanor, carrying a maximum sentence of 30 days imprisonment and a maximum fine of $1,500.
- Possession of more than 500 grams of marijuana is a North Dakota class b misdemeanor with a maximum sentence of 360 days imprisonment and a maximum fine of $3,000.
- Sale of any amount of marijuana is a felony, punishable by up to 5 years imprisonment and a fine of up to $10,000.
- Soliciting, inducing, or hiring a minor to sell any amount of marijuana is a felony, carrying a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
- Sale of any amount of marijuana within 1,000 feet of a school is a felony, punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
- Ingesting hashish is a misdemeanor with a maximum sentence of 30 days imprisonment and a maximum fine of $1,500.
- Possession of less than 2 grams of hashish or concentrates is a criminal infraction, punishable by a maximum fine of $1,500.
- Possession of 2 to 6 grams of hashish or concentrates is a misdemeanor, carrying a maximum sentence of 30 days imprisonment and a maximum fine of $1,500.
- Possession of more than 6 grams of hashish or concentrates is a misdemeanor, punishable by a maximum sentence of 360 days imprisonment and a maximum fine of $3,000.
- Manufacture or delivery of hashish or concentrates is a felony, carrying a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
- Possession of paraphernalia to ingest or inhale marijuana is a criminal infraction, punishable by a fine of up to $1,000.
- Possession of paraphernalia to cultivate, plant, compound, process, etc., is a misdemeanor, carrying a maximum sentence of 360 imprisonment and a maximum fine of $3,000.
- Manufacture, delivery, or advertisement of paraphernalia is a misdemeanor, punishable by a maximum sentence of 360 days imprisonment and a maximum fine of $3,000.
- Providing paraphernalia to a minor is a felony, carrying a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.
While strides have been made, legislative attempts to expand access to cannabis face challenges in North Dakota, as seen in the rejection of Measure 2 in 2022. With federal initiatives hinting at change, the state balances empathy for patients with regulatory considerations.
In the current ongoing discussions, North Dakota’s stance on cannabis aligns with the broader national conversation surrounding marijuana reform.
