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BISMARCK — Punishments for ingesting and possessing marijuana in North Dakota are slated to remain the same after the Senate struck down a bill on Wednesday, April 9, seeking to slightly lower the criminal charges in statute.
Under
House Bill 1596,
most penalties associated with possessing marijuana would have been lowered by one criminal class.
“We have criminal offenses on the books for a reason,” Sen. Diane Larson, R-Bismarck, said in response to other senators who said the bill would alleviate the state’s clogged court system.
Upholding existing law keeps communities safe, Larson said, even if it means funding more state’s attorneys.
While arguing in support of the bill, Sen. Judy Lee, R-Fargo, noted about 90% of drug offenses are possession charges for small amounts of marijuana.
In the last four years, more than 8,700 marijuana-related charges have been put on the books, leading to more than 17,000 hearings — 2,300 of which involved a public defender, Lee added, saying the effort is “probably not the best use of everybody’s time.”
Sen. Kyle Davison, R-Fargo, said the changes are “a long time coming” and called the bill “reasonable.”
“It makes sense,” he said. “In order to keep our communities safer, they (law enforcement officers) need to be out there focused on the violent crime.”
Instead of facing an infraction, adults 21 or older could have been charged with a non-criminal citation for having 14 grams, or a half ounce, of marijuana or less. Those younger than 21 found with the same amount would have faced an infraction.
Adults charged with possessing 14 to 100 grams could have been charged with an infraction rather than a Class B misdemeanor, while those found with more than 100 grams but fewer than 500 would have faced a Class B misdemeanor.
More than 500 grams would have resulted in a Class A misdemeanor, which is punishable by up to a year in jail and a $3,000 fine.
A Class B misdemeanor can lead to 30 days in jail and a $1,500 fine.
People 21 or older found guilty of possessing two grams or less of THC concentrates, which are often found in vape cartridges, could have faced a non-criminal citation. Those under 21 would have been subject to an infraction.
For being found with 2 to 4 grams, a person could have faced an infraction rather than a Class B misdemeanor.
Four to 6 grams would have led to a Class B misdemeanor and any greater amount would have moved to Class A.
The penalty for ingesting marijuana would have moved from a Class B misdemeanor to an infraction.
The Senate rejected the bill Wednesday with a 14-32 vote.
Have something to say?
Readers with thoughts about this issue can contact their local legislators, testify in person, submit written testimony online, write a letter to the editor, leave a comment below or email Forum News Service reporter Peyton Haug at phaug@forumcomm.com.
To track this bill, readers can download North Dakota Legislative Daily — a free app available on Google Play and the Apple App Store.
“}]] The legislation would have lowered each penalty associated with possessing marijuana down one criminal class. Read More
