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The Fight for Cannabis Legalization in North Dakota Continues

On November 5, 2024, Measure 5, a ballot initiative to legalize adult-use cannabis in North Dakota, was narrowly defeated with 47.45% voting in favor and 52.55% against.

If passed, Measure 5 would have allowed adults to possess, purchase, and gift up to one ounce of cannabis and grow up to six plants per household. While disappointing, many states—like Colorado, California, and Nevada—faced defeats before achieving legalization.

Medical Cannabis in North Dakota

In 2016, voters approved Measure 5, allowing medical cannabis access for patients with qualifying conditions. However, home cultivation is not permitted, and patients can only purchase up to 7.5 ounces from licensed dispensaries every 30 days.

Decriminalization and Cannabis Penalties

In 2019, North Dakota decriminalized possession of 0.5 ounces or less, removing jail time but imposing a $1,000 fine. However, any cannabis use remains a misdemeanor, carrying serious consequences like difficulty finding jobs or housing. Over 1,500 people are still arrested or cited annually for cannabis possession.

Lawmakers should further reduce penalties, making them more consistent with other decriminalization states by replacing criminal charges with civil fines.

Cannabis Policy Reform Timeline

  • 2016 – Medical cannabis legalized via Measure 5.
  • 2017 – Lawmakers modify medical cannabis law with SB 2344.
  • 2018 – Voters reject Measure 3, an adult-use legalization effort.
  • 2019HB 1050 decriminalizes possession of 0.5 ounces or less.
  • 2022 – Adult-use legalization effort fails to pass.
  • 2024Measure 5 defeated with 47% of the vote.

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State
Legal Status
Medicinal
Decriminalized
North Dakota
Mixed
Yes
Yes