A North Dakota Senate committee has defeated a House-passed bill that sought to reduce the state penalty for low-level marijuana possession to a $150 civil fine.
The Senate Judiciary Committee on Monday voted 5–2 to reject the bill, HB 1596, from Rep. Liz Conmy (D). While the proposal had support from county prosecutors and defense attorneys in the state, police and sheriffs departments were broadly opposed.
“The voters have spoken on this issue,” Stephanie Ingebretsen, who testified on behalf of the Chiefs of Police Association of North Dakota. “They’re not interested in legalization and would like it to stay a criminal offense.”
While North Dakota in 2019 enacted 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 remains a criminal infraction and carries a fine of up to $1,000.
While voters have not weighed in on decriminalization itself, last year they rejected an adult-use legalization ballot initiative that would have created a commercial cannabis market. Voters also rejected an earlier legalization proposal at the ballot box in 2022.
The newly rejected bill, HB 1596, would have made simple possession of up to half an ounce of marijuana a civil citation. That change would remove the need for courtroom appearances, which proponents said would help decongest the state’s clogged court system and free up prosecutorial resources for more pressing concerns.
“To give you an idea of the magnitude of time, energy and resources extended,” sponsor Conmy told colleagues, “between January 1, 2021 and December 31, 2024—four years in North Dakota—there were 8,676 marijuana charges, 7,365 cases opened, 17,000 hearings, 2,357 cases with a public defender appointed. And all of these cases were handled by our state’s attorneys.”
More than 90 percent of cases involved possession of less than half an ounce of marijuana, she said.
Hellbound and Down 