A North Dakota Senate committee has voted to defeat a bill aimed at reducing penalties for low-level marijuana possession. The House-passed bill, known as HB 1596, sought to lower the penalty for possessing up to half an ounce of cannabis to a civil fine of $150. The Senate Judiciary Committee rejected the proposal with a 5-2 vote on Monday.
The bill, sponsored by Rep. Liz Conmy (D), had garnered support from various county prosecutors and defense attorneys. However, law enforcement groups, including police and sheriffs’ departments, were largely against it. Stephanie Ingebretsen, representing the Chiefs of Police Association of North Dakota, stated that voters have expressed their stance against legalization, preferring to keep marijuana possession as a criminal offense.
In 2019, North Dakota implemented a marijuana decriminalization law that eliminated jail time for possessing under a half-ounce of cannabis. Despite this, possession still remains a criminal infraction, punishable by a fine of up to $1,000. In recent years, voters have rejected adult-use legalization initiatives, highlighting a reluctance to move towards a commercial cannabis market.
The now-defeated HB 1596 aimed to transform possession of up to half an ounce of marijuana into a civil citation, which proponents argued would alleviate pressure on the state’s court system. Rep. Conmy highlighted the extensive resources spent on marijuana-related charges, reporting that between January 1, 2021, and December 31, 2024, North Dakota saw 8,676 marijuana charges, with 7,365 cases opened and 17,000 hearings conducted. She noted that over 90 percent of these cases involved possession of less than half an ounce.
Conmy explained that the proposal stemmed from feedback from state’s attorneys in various counties regarding the burden on judicial resources and law enforcement. In addition to changing the penalty for low-level possession, HB 1596 sought to adjust penalties for other amounts of marijuana and THC. For example, possession of more than half an ounce but less than 100 grams would become a criminal infraction, while larger amounts would incur greater penalties.
During the hearing, Sen. Jose Castaneda (R) suggested that the committee consider removing provisions that would reduce penalties for higher amounts of marijuana and THC. He pointed out that focusing on the half-ounce limit could address most of the issues at hand. However, the committee ultimately decided to reject the bill entirely, with Sen. Bob Paulson (R) stating that he must respect the voters’ previous decisions against legalization.
