On Monday, lawmakers in North Dakota House committee unanimously passed a bill that will reduce penalties associated with possessing small quantities of marijuana to civil citation with fines up to $150 for violations.
North Dakota recently passed what advocacy groups refer to as a cannabis decriminalization law that removed jail time penalties for possessing under half an ounce of cannabis; however, possession remains technically considered criminal activity with fines up to $1,000 associated with such violations.
Rep. Liz Conmy (D), lead sponsor of House Bill 1596, proposes amending possession penalties accordingly: possession up to half an ounce would become a citation while between half an ounce and 100 grams is considered criminal infraction; between 100-500 grams becomes class B misdemeanor; possession above 500 grams will become a class A misdemeanor offense.
House Judiciary Committee advanced legislation for legalized cannabis on an 11-11-2 vote, which also modifies THC possession law: possession under two grams would become noncriminal; two to four grams is subject to criminal infraction charges while four grams and above constitutes class A misdemeanor offense.
“HB 1596 was inspired by suggestions from state’s attorneys…to ease congestion within state’s attorneys offices and our judiciary services; as well as to address law enforcement professionals’ needing to deal with small quantities of marijuana,” Conmy stated at Monday’s House Judiciary Committee hearing.
Officials initiate approximately 2,000 cannabis possession cases each year, which 94 percent involve “lowest charges and minor offenses”, according to one lawmaker.
“Currently, any marijuana offense requires at least three court dates – initial appearance, pretrial hearing and trial,” Conmy stated. Our courts and judges are overwhelmed. HB 1596 offers relief by making noncriminal citations of lesser marijuana offenses so it still provides deterrence while relieving some burden from law enforcement officers, state’s attorneys, indigent defense lawyers as well as courts and judges.”
As well as setting new possession thresholds, the measure would also alter rules regarding record sealing for past criminal convictions. More specifically, those convicted of their first possession offense up to 500 grams or four grams of THC within two years would become eligible.
“This legislation offers those convicted of Class B possession offenses an avenue to have their conviction erased from their record provided no further offenses occur within two years from initial conviction”, as stated by its sponsor.
Change would also include making most marijuana paraphernalia possession noncriminal offense.
Before moving ahead with their bill, House committee adopted an amendment proposed by Conmy that would alter cannabis possession rules among individuals under 18, thus keeping such cases within juvenile court systems.
Another amendment removed words in the original bill that allowed for citation penalties to range “up to” $150–an adjustment recommended by North Dakota State’s Attorneys Association who supported its passage, though judges still could choose to reduce those fines, according to this office.
As with the bill itself, panel members approved of this amendment by an 11-11-2 vote.
North Dakota Legal Counsel for Indigents, which helps those charged with crimes who cannot afford lawyers, expressed its approval of this bill during testimony earlier in the day before committee members voted in favour.
On Monday, lawyer Stephanie Engebretson voiced opposition to the bill on behalf of Chiefs of Police Association of North Dakota.
Engebretson noted, in response to Measure 5 being defeated on November’s ballot. Chiefs generally see this move as one step toward decriminalization or legalization of marijuana–an approach rejected by voters back then.
Karen O’Keefe, Director of State Policies of Marijuana Policy Project told MEDCAN24 prior to voting that while her organization endorsed reform overall, they opposed an amendment which removed “up to.”
“HB 1596 would ease the load for North Dakota courts, prosecutors, and indigent defense services while eliminating life-altering criminal records for small amounts of cannabis possession,” according to her testimony. Although we strongly support lowering maximum fine from up to $1,000 to up to $150 (rather than up to), 150 is an out of reach amount which can have devastating repercussions for people struggling to make ends meet.”
MPP sent an email last weekend urging passage of their bill, writing that criminal records “close off many doors of opportunity, making it hard for individuals to secure employment, housing or professional licensure”.
“A civil infraction would be more appropriate when possessing small quantities of cannabis — something half of all Americans engage in,” according to the group, calling the current $1,000 fine excessive and warning that such costs “can lead to missed rent payments or worse – with devastating results for both sides. “
“Up to $150 would more accurately reflect the seriousness of an offense,” according to an email received by South Dakota GOP Lawmakers seeking repeal of Voter Approved Medical Marijuana Law
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