The fight for cannabis legalization will continue in North Dakota

On November 5, 2024, adult-use cannabis legalization lost by a small margin in North Dakota. The ballot measure — Measure 5 — garnered 47.45% of the vote, with 52.55% voting "no."

Measure 5 would have allowed adults to possess, purchase, and give away up to an ounce of cannabis. It also included home grow, with a household limit of six plants.
North Dakota is almost surrounded by legalization jurisdictions now.

While Measure 5's defeat is a major disappointment, several other states where voters ultimately legalized cannabis saw defeats before success, including Colorado, California, Alaska, Oregon, and Nevada. The same was true of medical cannabis in South Dakota.

Medical Cannabis 

In 2016, North Dakota voters passed a medical marijuana initiative, known as Initiated Statute Measure 5. The legislature subsequently revised the measure, but many of the provisions remain intact. 

Under the law, patients with a practitioner’s certification and a qualifying debilitating condition may use and access medical cannabis. Patients may also petition for other ailments to be added to the qualifying conditions list. Patients will need a compassionate use card, you can sign up and get one here. Due to changes made by the legislature, it unfortunately does not allow home cultivation. However, patients may purchase up to 7.5 ounces of marijuana from licensed medical dispensaries once every 30 days. 

Decriminalization Laws

In 2019, the North Dakota Legislative Assembly passed “decriminalization” for possession of 0.5 ounces or less of marijuana. While a person can’t be jailed for possession of small amounts of cannabis anymore, the penalty is still extremely harsh — a criminal infraction with a maximum penalty of a $1,000 fine. Also, using any amount of cannabis is still a misdemeanor. Also, using any amount of cannabis is still a misdemeanor, which carries life-altering collateral consequences, making it harder to get a job, housing, and to otherwise pursue one’s dreams.

North Dakota has seen a decline in cannabis-related charges every year since medical marijuana and decrim laws passed, but over 1,500 people are still being arrested and cited each year for cannabis possession.

The North Dakota Legislature should, at a minimum, revise the penalty for simple possession to be more in line with other decriminalization states — changing the hefty criminal penalty to a modest civil fine.

For more information on cannabis penalties check out NORML’s North Dakota penalties page.

Timeline of cannabis policy reform in North Dakota

2016 - Voters approve Measure 5 to legalize medical cannabis

2017 - State lawmakers adopt Senate Bill 2344 to modify the voter-approved medical cannabis law

2018 - Legalize ND gathers signatures and qualifies Measure 3, an adult-use legalization measure, for the ballot; voters ultimately reject the initiative.

2019 - Lawmakers approve House Bill 1050 to remove jail time penalties for adults possessing up to half an ounce of cannabis.

2022 - New Approach North Dakota launches a signature drive and submits over 25,000 signatures to put an adult-use legalization measure on the ballot, the measure falls short of passage 

2024 - New Economic Frontier led an initiative campaign for adult-use legalization. It was narrowly defeated, receiving 47% of the vote.

Get involved

Follow the 2024 ballot measure campaign and join the team of volunteers working to pass the initiative by visiting https://NewEconomicFrontier.com/.

Stay connected

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