North Dakota Senate defeated a House bill that would have reduced the punishment for marijuana possession of low level to $150 in civil penalties.
The Senate Judiciary Committee on Monday voted 5–2 to reject the bill, HB 1596, from Rep. Liz Conmy (D). Although county prosecutors in California and the defense bar were supportive of the bill, the police and sheriff departments in that state were overwhelmingly opposed.
Stephanie Ingebretsen who spoke on behalf of Chiefs of Police Association of North Dakota said, “The voters are speaking on this matter.” The voters are not interested in the legalization of marijuana and prefer that it remain illegal.
North Dakota passed a decriminalization of marijuana law in 2019. This removed the threat of prison time for possession of less than a half-ounce. However, possessing cannabis remains a crime and can result in a $1,000 fine.
Although voters haven’t weighed in directly on decriminalization, they have rejected a ballot measure last year which would have established a cannabis commercial market. Voters also rejected an earlier legalization proposal at the ballot box in 2022.
The recently rejected bill, HB 1506, would have turned simple possession of less than half an ounce marijuana into a civil citation. The change will eliminate the necessity of courtroom appearances. Proponents say this would decongest California’s overcrowded court system, freeing up resources that can be used for other pressing issues.
“To give you an idea of the magnitude of time, energy and resources extended,” sponsor Conmy told colleagues, “between January 1, 2021 and December 31, 2024—four years in North Dakota—there were 8,676 marijuana charges, 7,365 cases opened, 17,000 hearings, 2,357 cases with a public defender appointed. All of these cases have been handled by the state attorneys.
She said that more than 90% of the cases were based on possession of less half an ounce or marijuana.
Conmy said that this proposal “was the result of suggestions made by state’s attorney’s in Cass County Stark County and many other counties about the overcrowding in state’s attorney’s offices, our courtrooms, and our judicial service and services, as well as the demands placed on our law enforcement personnel when dealing with small quantities of marijuana.”
As well as making the lowest-level of possession into a civil citation under HB 1596, it also would reduce a few other possession penalties. Having between 1/2 ounce and 1 pound would now be considered a criminal offense, while having between 100 grams and 500 gram would then become a misdemeanor class B, and anything over 500 grammes would result in a misdemeanor class A.
The measure would also adjust the law around possession of THC, the primary active ingredient in marijuana. Possession under two grams of marijuana would no longer be considered a crime. However, possession between two grams to four grams is now a criminal offense.
On Monday, Sen. Jose Castaneda suggested that the penalties would be reduced for higher levels of THC or marijuana.
“By just reducing that first part—half an ounce or less—you’re now effectively fixing, I don’t know, hopefully 60, 70, 80 percent of that issue you have,” he said. Conmy reminded panelists that 90 percent of cases involving possession involved less than a half ounce of pot.
They chose instead to completely kill the bill.
Bob Paulson said that he had to “stand behind the voters” in this particular case. He claimed that since voters have rejected commercial legalization they will also oppose any reduction of criminal penalties for simple possessing.
Senators Ryan Braunberger (D) and Claire Cory (R) voted to kill the bill. Ryan Braunberger, (D), and Claire Cory.
Cory’s colleagues thought that it was interesting “that we discussed the whole session on how the courts were so clogged.”
She said, “This solution is to fix it and we are now against it.”
Cory stated that “most of her friends are police officers and many of them support this.”
Braunberger said that it is “such a terrible thing” that alcohol and marijuana in this country are treated differently. He added that the issue of reducing criminal penalties for minor marijuana offenses is important for his constituents.
Kimberlee Shegvik of Cass County State’s Attorney stated in written testimony that the cases that involve small amounts and paraphernalia that is used to prepare or ingest marijuana take away time from dockets dealing with serious violent crime.
Hegvik wrote that “making these crimes functionally equal to traffic tickets, and giving offenders an option to pay fines instead of appearing in Court reduces criminal justice system’s resources in a significant way.” This bill will promote judicial economy and efficiency, and allow the criminal justice system the opportunity to concentrate on serious crimes that affect the safety of communities.
Jason Kraft, Ward County Sheriff’s Department Captain, commented that his county already has a simplified method to ease court congestion.
The way that we are currently handling these infractions within our jurisdiction puts a minimal amount of burden on courts, he said. We give the arrestee the Rule 43 paperwork when they receive a citation for an infraction. It is a document from the State Attorney which outlines an agreement that the arrestee will accept a guilty written plea for $150 in exchange of a fine. The person only needs to take the paperwork, sign it and pay $150.
Kraft said that “this process respects people who have once again voted against the use of cannabis in our society, while also avoiding disparity of penalties and promoting judicial efficiency.”
HB 1596 passed the state House of Representatives in late February, on a 76–17 vote. Earlier that month, the House Judiciary Committee advanced the legislation on an 11–1–2 vote.
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Philip Steffan provided the photo.