By: Michael Achterling
BISMARCK, N.D. (North Dakota Monitor) – A bill that sought to reduce penalties for possessing small amounts marijuana in North Dakota failed in the Senate Wednesday on a 33-13 vote.
House Bill 1596 would have reduced the penalty for possessing less than a half ounce of marijuana from a criminal infraction to a noncriminal citation, similar to a speeding ticket, and a $150 fine.
The bill also spells out other reduced penalties for other low-level marijuana possession offenses, varying based on the amount and the age of the person. Possessing 500 grams of marijuana or more would remain a Class A misdemeanor under the bill.
Court hearings for low-level offenses would not be required, but a person could still choose to appear in court. Bill sponsor Liz Conmy, D-Fargo, previously said the proposal aimed to reduce the amount of time judges and attorneys spend on minor marijuana possession offenses, which often result in a $150 fine but can require three court appearances.
Sen. Janne Myrdal, R-Edinburg, voted against the bill and said law enforcement agencies were also opposed to the measure. She pointed to the defeat of recreational marijuana ballot measures and said the bill would go against the people’s wishes.
In November, 53% of North Dakota voters opposed a ballot initiative that sought to legalize recreational marijuana for adults and create a framework for a legal cannabis industry. It was the third such effort to fail in six years.
Sen. Diane Larson, R-Bismarck, questioned why the bill had no escalating penalties for repeat violations for marijuana possession, like the state has included for other types of crimes.
“I’ve been concerned this session at the number of times we talk about the prison being full, or the courts being clogged, and so the way we’re addressing it is to lessen crime?” Larson said. “I feel that we have criminal offenses on the books for a reason and the people have voted on this and wanted to keep this on the books.”
Sen. Ryan Braunberger, D-Fargo, was among those who voted in favor of the measure.
“Neighboring states are starting to legalize it more and more, so smaller amounts of possession are going to get more prevalent,” Braunberger said.
State’s attorneys from Cass County and Stark County both submitted testimony in favor of the bill. Both counties border states where recreational marijuana is legal.
Braunberger said he expects the issue to remain contentious going forward.
“I think it’s only a matter of time when the federal (government) is going to decriminalize it all together,” he said.
The bill passed the House in February on a 76-17 vote.
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