North Dakota House Passes Bill To Expand Marijuana Decriminalization, Making Low-Level Possession A $150 Citation

The North Dakota House of Representatives has approved a bill to decriminalize low-level marijuana possession, reducing the offense to a civil citation punishable by a fine of up to $150.

Members on Monday voted 76-17 to pass the legislation from lead sponsor Rep. Liz Conmy (D), sending it to the Senate for consideration. This comes about a week after the measure moved through the Judiciary Committee.

While North Dakota in 2019 adopted 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 technically remains a criminal infraction and carries a fine of up to $1,000.

The new bill would make simple possession of up to half an ounce of marijuana a citation and adjust a number other possession penalties: Having between half an ounce and 100 grams would be a criminal infraction, having between 100 and 500 grams would become a class B misdemeanor and having over 500 grams would be a class A misdemeanor.

“Right now, the lowest charges [for possession] are an infraction—but it involves three court dates, an initial appearance, pre-trial appearance and the trial,” Rep. Steve Vetter (R) said on the floor on Monday. “We pay for judges, attorneys, indigent defense, and all the rest of the costs of a court. This is a cost to the taxpayer. Our judges and courts are overwhelmed, and this bill aims to lower the costs for courts.”

“What this aims to do, really, is to skip all the court stuff and just give them the $150 fine, similar to like a parking ticket,” he said, adding that the legislation is supported by the North Dakota State’s Attorneys Association, North Dakota criminal defense lawyers and the Indigent Defense Commission.

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.

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Beyond setting new possession thresholds, the measure would also adjust rules around record-sealing of past criminal convictions. Specifically, it would make eligible people who were convicted of a first offense regarding possession of up to 500 grams of marijuana or four grams of THC provided that the person is not subsequently convicted of a similar violation within two years.

Another change would make most marijuana paraphernalia possession a noncriminal citation.

Prior to advancing the bill in committee earlier this month, members adopted an amendment to the bill that the sponsor said would change rules around cannabis possession among people under 18 in order to keep those cases within the juvenile court system.

Another change deleted words in the original bill that would have allowed the citation penalty to be “up to” $150—an adjustment supported by the North Dakota State’s Attorneys’ Association. Judges could still choose to reduce that fine, the office said.

While advocates broadly support the decriminalization proposal, there’s still lingering disappointment that voters last year rejected a ballot initiative to enact adult-use marijuana legalization in the state.

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