North Dakota Voters To Decide On Marijuana Legalization At The Ballot

Marijuana legalization is on the ballot in North Dakota this Tuesday, and the vote is expected to be tight.

The most recent polling has indicated that advocates with the New Economic Frontier campaign need to close a gap to convince enough voters, a plurality of whom already say they back the cannabis measure, to reach the required majority.

North Dakota voters rejected an earlier cannabis legalization proposal at the ballot box two years ago.

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What Measure 5 would accomplish:

• Adults 21 and older would be able to possess up to one ounce of marijuana flower, four grams of concentrate and 300 milligrams of edibles that they could buy from a limited number of licensed dispensaries.
• They could also grow up to three plants for personal use, with a six-plant cap per household.
• The state Department of Health and Human Services or another agency designated by the legislature would be responsible for regulating the program. Regulators would need to establish rules to implement the law by October 1, 2025.
• The proposal would limit regulators to approving licenses for up to seven cannabis manufacturers and 18 retailers. There are also provisions meant to avoid creating intrastate monopolies, such as limiting licensees to no more than four dispensaries.
• Currently, there are eight medical cannabis dispensaries operating in North Dakota. The initiative requires regulators to develop separate application processes for those businesses to become dual licensees and non-existing companies that wish to become recreational operators.
• Unlike other legal states, the proposal in North Dakota doesn’t appear to contain criminal justice reform components favored by equity advocates such as expungements or licensing prioritization for people harmed by the drug war. It also doesn’t seem to contain any references to a proposed tax scheme for legal sales.

What polls say about voters’ preferences:

A poll released last month found the legalization measure ahead with a plurality of support—but without the majority needed to pass at this point due to a sizable share of voters who remain undecided on the reform.

That survey was more encouraging for advocates than another poll released in August that found sizable majority opposition to the measure.

2024 campaign:

New Economic Frontier said in September that they submitted more than 22,000 voter signatures. They needed at least 15,582 valid signatures to qualify the proposal and officials ultimately validated 18,964 signatures.

In August, North Dakota Secretary of State Michael Howe (R) certified that organizers behind the legalization initiative had collected enough valid voter signatures to put the measure on November’s ballot.

In an effort to shore up support for the legalization measure, North Dakota activists released an ad last month emphasizing the revenue the state is missing out on as its neighbors build up their cannabis markets.

Meanwhile, there’s been a stepped-up opposition push, with the North Dakota’s Medical Association, Hospital Association, Peace Officers Association, Chiefs of Police Association and Sheriffs and Deputies Association all recently coming out against the measure.

North Dakota lawmakers have been divided over how to estimate revenue and expenses for the state if voters approve the legalization proposal—but a legislative panel landed on a projection of $10.3 million in revenue for the 2025-2027 biennium if the reform is enacted.

As for neighboring states, cannabis already legal in Montana and Minnesota, and it’s also on the ballot in South Dakota this year.

Advocates with the separate group North Dakota Cannabis Caucus started collecting signatures to qualify a constitutional amendment legalizing cannabis for the 2022 ballot, but they did not gather enough by deadline.

New Approach ND previously led an effort to place a legalization measure on the 2018 ballot that was defeated by voters. They filed another initiative for 2020, but signature gathering complications largely caused by the coronavirus pandemic got in the way.

North Dakota voters approved a medical cannabis ballot measure in 2016.

Past legislative North Dakota cannabis reform efforts:

In 2021, North Dakota’s House approved a marijuana legalization bill sponsored by Rep. Jason Dockter (R), but it was ultimately defeated in the Senate after advancing through committee.

Following that defeat, some senators devised a new plan to advance the issue by referring it to voters on the 2022 ballot. The resolution moved through a key committee in 2021, but the Senate also blocked it.

Last year, North Dakota’s governor signed a bill allowing patients admitted to hospice care to self-certify as medical marijuana patients.

The North Dakota House of Representatives also approved a resolution last year that encourages residents to buy U.S. flags that are made out of hemp and manufactured in the state.

https://www.marijuanamoment.net/live-2024-marijuana-election-results

Photo courtesy of Mike Latimer.