By: Jeff Beach
BISMARCK, N.D. (North Dakota Monitor) – Being caught with a small amount of marijuana in North Dakota may get you a fine but not a day in court if a bill being considered by the Legislature passes.
The North Dakota House this week passed a bill that would treat possession of marijuana under a half ounce like a speeding ticket, with a $150 fine but not a criminal charge.
Bill sponsor Rep. Liz Conmy, D-Fargo, said in written testimony that over the last four years, there have been an average of 2,169 marijuana cases in North Dakota courts each year. In 2024, 94% of the marijuana cases were of the lowest level, possessing less than half an ounce, but each case involved three court appearances, requiring the time of judges and attorney and clogging up court dockets.
Most of the cases end up with a $150 fine, which is the fine imposed by House Bill 1596.
The bill passed the House on a 76-17 vote and moved on to the Senate.
The bill also reduces penalties for marijuana possession for the next two levels above a half-ounce, but possession of more than 500 grams of marijuana remains a Class A misdemeanor.
A person who feels wrongly accused of possession can still make their case to a judge, if they so choose.
The bill received positive testimony from North Dakota state’s attorneys and the North Dakota Legal Counsel for Indigents.
Stark County State’s Attorney Amanda Engelstad said in written testimony that the cases involving small amounts of marijuana often involve people from out-of-state, leading to missed court dates and more work for the court system.
“This bill will free up prosecutors’ time, law enforcement’s time, and the court dockets,” Engelstad said.
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