North Dakota House of Representatives approved a law to reduce low-level possession of marijuana to a civil offense punishable with a maximum fine of $150.
The members voted Monday, 76-17, to send the bill from the lead sponsor Rep. Liz Conmy. It will now be considered by the Senate. It was a little over a week ago that the bill passed through the Judiciary Committee.
While North Dakota in 2019 adopted 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 technically remains a criminal infraction and carries a fine of up to $1,000.
It would also change other penalties, such as the criminalization of possession between 50 grams and an ounce. Possession between 100 grams and 500 grams is a misdemeanor of class B. And possession over 500 grams will be classified as a misdemeanor of class A.
Right now, we have the lowest prices [for possession] are an infraction—but it involves three court dates, an initial appearance, pre-trial appearance and the trial,” Rep. Steve Vetter (R) said on the floor on Monday. We pay for the judges, the attorneys, the indigent defence, and the other costs associated with a court. It is an expense for the taxpayer. “Our judges and courts have been overwhelmed and this bill is intended to reduce the cost of courts.”
This bill would allow for a $150 fine to be issued instead of a court appearance, similar to that on a traffic ticket.
It would also amend the law regarding possession of THC (the primary ingredient in marijuana). Possession less than 2 grams will be treated as a civil infraction. Between two and 4 grams, it is a crime. From four to six grams, it’s a misdemeanor of class B. And above 6 grams, a misdemeanor of class A.
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In addition to setting new thresholds for possession, this measure will also change the laws governing record sealing. It will make people eligible who are convicted of their first offence for possession of less than 500 grams marijuana or up to four grams THC, as long as they have not been convicted again of the same offense within two years.
A second change is that possession of most paraphernalia used to smoke marijuana would no longer be a criminal offense.
Before the bill was advanced in the committee this month, the members approved an amendment that would allow cannabis to be possessed by people younger than 18 years old. This will keep these cases in the system of juvenile courts.
Another change deleted words in the original bill that would have allowed the citation penalty to be “up to” $150—an adjustment supported by the North Dakota State’s Attorneys’ Association. According to the Office, judges can still reduce this fine.
While decriminalization advocates support the proposal in general, it is still disappointing that the voters of the state rejected the ballot initiative last year to legalize marijuana for adult use.
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