Election 2022: Guide to Marijuana Legalization in North Dakota

Action 2, Initiative to Legalize Cannabis in North Dakota

On August 15, the North Dakota Secretary of State confirmed that voters will consider a statewide legalization measure for adult marijuana use in the November 8 election.

Read the full 19-page proposal here: North Dakota Action 2.

Is this legalization for medical or adult use?

Adult use (recreational). If Measure 2 passes, marijuana would be legal for all adults 21 and older.

What is the current law?

North Dakota voted to legalize medical marijuana in 2016, but dispensaries didn’t open their doors until 2019.

The state decriminalized possession of up to half an ounce of marijuana in 2019.

North Dakota continues to severely penalize residents for selling weed: the state considers any transaction, regardless of the amount, a crime. The charges carry a maximum fine of $20,000 and 3 to 10 years in prison. Selling within 1,000 feet of a school carries a possible 20-year prison sentence.

Related

North Dakota Marijuana Laws

What the initiative would achieve

If passed, Measure 2 would legalize adult possession of up to one ounce of cannabis, four grams of cannabis concentrate and up to 500 mg of edibles.

The state would need to create a framework for regulating growers, manufacturers, retailers and testing laboratories. Adults can legally grow up to three plants at home. Public consumption would remain illegal.

The measure does not require or facilitate the erasure of cannabis-related criminal records.

How do I vote in North Dakota?

This is important: Check your registration status and ID card validity now while there is still time to update both.

Vote in person on paper ballots on Tuesday, November 8, 2022. Polling stations will open statewide between 7:00 a.m. and 9:00 a.m. They all stay open until 7pm. Click this link to find out where to vote in North Dakota.

Remember to bring your valid ID with you to the polling station. Learn more about your valid ID options here.

Postal voting is permitted. Check the state website for how it’s done.

Related

North Dakota will vote on cannabis legalization in November

What is required to pass legalization?

In North Dakota, an action taken only needs to obtain a majority of the votes cast in a statewide election. In other words, 50.01% agreement will pass.

If it happens, when would possession of marijuana be legal?

The ownership would take effect 30 days after the December 8, 2022 election.

How much could I own?

Adults could possess up to one ounce of cannabis, up to four grams of cannabis concentrate, and up to 500 milligrams of cannabis in a fortified product.

When could I start growing my own?

Homegrow would become legal 30 days after the election, on December 8, 2022.

Related

How to set up an indoor cannabis homegrow for under $500

When would weed shops open?

The measure requires state regulators to finalize the program rules by October 1, 2023. Shops would open at an unspecified time thereafter.

Can I smoke a joint in public?

no Smoking cannabis in public would be punishable by a fine but not arrest.

will it happen That’s what the latest polls say

A poll conducted in July 2022 found that only 39% of residents support legalization. According to the poll, 18% of voters “don’t care either way,” and 43% said no. This is unusual for a legalization measure for adult use. Most nationwide legalization moves enter election season with at least 50% support from pollsters.

New Approach North Dakota has led the legalization campaign. The associated New Approach Advocacy Fund has donated more than $300,000 in kind to the campaign. The Marijuana Policy Project has also thrown its support — and $50,000 in donations in kind — behind the campaign.

Opponents of the legalization initiative

No group has announced their formal opposition to Measure 2. The Greater North Dakota Chamber successfully opposed a statewide legalization measure for adult use in 2018, but has not taken an official stance as of this year.

Would Cannabis Stores Be Licensed?

Yes.

How many weed stores will be allowed?

Measure 2 would only allow 18 stores to sell marijuana, including the state’s eight existing medical marijuana dispensaries.

Any equity or small business licenses?

The measure does not contain explicit language regarding equity or small business licenses, but restricts individuals or organizations from holding ownership interests in more than one manufacturing facility, more than four dispensaries, or more than one dispensary within a twenty-mile radius of another dispensary .

Can new businesses apply for a license?

Yes.

Could local cities or counties ban stores?

Yes, the initiative contains an opt-out clause.

Is Marijuana Taxed?

Yes. Customers would pay a cannabis excise tax of 5% plus any applicable local taxes.

Where Would the Marijuana Tax Revenue Go?

The measure doesn’t contain any specific language regarding the use of marijuana tax revenues, aside from the cost of administering the program itself.

What about the cancellation process?

The measure does not require or facilitate the erasure of criminal records of non-violent offenders.

Has North Dakota ever voted on marijuana?

Yes. Legalizing adult use appeared on the state’s 2018 ballot. It lost by a margin of 41-59.

Max Savage Levenson

Max Savage Levenson probably has the lowest cannabis tolerance of any author on the cannabis beat. He also writes about music for Pitchfork, Bandcamp and other bespectacled people. He is the co-host of the Hash podcast. His dream interview is Tyler the Creator.

Check out Max Savage Levenson’s articles

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