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

Lawmakers on a North Dakota House panel approved a bill on Monday that would remove the criminal penalty for possessing a small amount of marijuana in the state, reducing the offense to a civil citation punishable by a fine of up to $150.

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, HB 1596, from lead sponsor Rep. Liz Conmy (D), 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.

The House Judiciary Committee advanced the legislation on an 11–1–2 vote.

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.

“HB 1596 is the result of suggestions from state’s attorneys…regarding the congestion in our state’s attorneys’ offices, our judicial services and also the overwhelming demands on law enforcement professionals when it comes to dealing with small amounts of marijuana,” Conmy told the House Judiciary Committee at Monday’s hearing.

Officials open nearly 2,000 cannabis possession cases each year, the lawmaker explained, 94 percent of which involve “the least of the charges, so really very minor offenses.”

“Right now, a marijuana infraction involves at least three court dates: the initial appearance, the pretrial appearance and the trial,” Conmy continued. “Our judges and courts are overwhelmed. HB 1596 makes the least of these marijuana offenses a noncriminal citation so that it’s still a deterrent but it takes some of the burden off our law enforcement officers, our state’s attorneys, our indigent defense attorneys and the courts and the judges.”

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.

“This creates an avenue for persons who are convicted of a Class B possession offense or less to have the criminal conviction removed from their record, provided that they have no further offenses occur within two years of the first conviction,” the sponsor noted.

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

Prior to advancing the bill, the House committee adopted an amendment to the bill that Conmy 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, which otherwise supports the legislation. Judges could still choose to reduce that fine, the office said.

As with the bill itself, panel members adopted the amendment on an 11–1–2 vote.

The North Dakota Legal Counsel for Indigents, which represents people charged with crimes who are unable to pay for lawyers, also supports the bill, a representative said during testimony on the bill earlier in the day ahead of a later meeting at which the committee voted to approve it.

Speaking in opposition to the bill on Monday was lawyer Stephanie Engebretson, who spoke on behalf of the Chiefs of Police Association of North Dakota.

“The chiefs really see this as a step towards decriminalization—or not decriminalization, legalization of marijuana, which the voters voted down in November.” Engebretson said, referring to the failure of Measure 5 on November’s ballot.

Karen O’Keefe, director of state policies for Marijuana Policy Project, told Marijuana Moment in an email before the final vote that the advocacy organization supports the reform but was in opposition to the amendment removing the words “up to.”

“HB 1596 would reduce the burden on North Dakota courts, prosecutors, and indigent defenders, while avoiding the life-altering stigma of a criminal record for possessing a small amount of cannabis,” she said. “While we strongly support reducing the maximum fine from up to $1,000, we are concerned by the states attorneys’ request that the committee revise the penalty to a flat $150 fine, instead of ‘up to’ $150. $150 is out of reach for many, and can have devastating effects on people struggling to make ends meet.”

In an email to supporters over the weekend urging passage of the bill, MPP wrote that criminal records “close the door of opportunity, making it hard to get jobs, apartments, and professional licensing.

“A civil infraction is far more appropriate for possessing a small amount of cannabis — conduct half of all Americans have engaged in,” the group said, calling the current $1,000 fine “excessive” and saying that the high cost “can cause a person to miss rent, with devastating effects.”

“Up to $150 is more in line with the seriousness of the offense,” the email said.

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