In this election, the third since 2018, North Dakota voters will decide whether to legalize recreational marijuana.
Marijuana buds are ready for harvest.
Tony Dejak, Associated Press
Supporters of Measure 5 say the proposal differs from past proposals because it was created by North Dakota residents, aligns with local values, and promises to boost the economy through taxes and fees. claims. Opponents argue that legalization raises social and enforcement problems and lacks the economic benefits that proponents claim.
If approved, the bill would legalize marijuana for people over 21 and limit the number of commercial cultivation facilities and dispensaries. It would also cap the number of personal plants allowed and limit the amount of cannabis and THC-based products a person can possess.
Steve Bakken, chairman of the bill's sponsoring committee, told the Tribune that marijuana legalization in North Dakota is “just a matter of time” and that this year's bill would give Congress and the state full control. He said he believed it. Bakken is a member of the Burley County Commission and a former mayor of Bismarck.
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“We wanted to make sure that what was ultimately passed was acceptable to law enforcement, Congress, the Attorney General's office, the court system, and conformed to the century norms of existing law. ” Bakken said.
In July 2024, supporters of a ballot measure to legalize recreational marijuana delivered a box of petitions to the Secretary of State's office at the North Dakota State Capitol.
brad nygard
“And that's why we made Measure 5 so conservatively – everything that the state controls, licenses, regulates, ensures quality, ensures purity is maintained. that they may have the power and authority of the people of the United States, and that they may then tax it as they see fit. ”
According to the ballot language, the measure's estimated fiscal impact for the 2025-27 state budget period includes $10.2 million in revenue, $8.3 million in expenditures, and additional undetermined costs related to behavioral health and social impact. is included.
Bakken also emphasized that the bill's language does not reduce restrictions that public and private employers may already have in place regarding drug use.
“If you have to pass a drug test now, you'll still have to pass a drug test. Nothing's going to change that,” Bakken said. “And the opposition likes to say there's a shortage of workers. That doesn't change the working class. Measure 5 doesn't change anything about the working class.”
Mark Friese, a former Bismarck police officer and Fargo-based criminal defense attorney for 20 years, advocates for the legalization of marijuana, believing it is bad policy to continue criminal activity associated with marijuana use. There is.
Friese said, “I'm not advocating the use of marijuana. We should legalize it for adults over the age of 21 who can make their own decisions and stop criminalizing generations of citizens.'' “I am claiming that,” he said. .
“People who use marijuana will continue to use it. If it's not available legally in North Dakota, it's available in Canada, Montana, Minnesota, or, starting in November, South Dakota.” “Wherever you can get it,'' he said.
Pat Finken, president of the Brighter Future Alliance, is considered the architect behind derailing previous legalization efforts in 2018 and 2022.
“The bottom line is marijuana is not safe,” Finken said. “This is not an opportunity for harmless entertainment. This is a drug.”
And the view expressed by Mr. Finken and others, including the state's Catholic bishops, is that normalizing drug use is bad for society as a whole.
Bishop David Kagan and Bishop John Folder of the Bismarck and Fargo dioceses, respectively, wrote in an open letter that Pope Francis has recently come out against the legalization of drugs due to the potential negative socio-economic consequences. reminded the people.
Mr. Finken also disputed Mr. Bakken's statement that marijuana legalization would not affect the labor market.
Many of the jobs Finken mentioned are in the transportation and energy sectors, where employers require pre-employment and unannounced drug testing.
“You can't hire people without proper drug testing, and that's getting harder every day. That's true for truck drivers, oil field workers and everything else,” he said. “So it's very hard to find people to work…and we need more soldiers. We need more heavy equipment operators, we need more truck drivers, we need all of that. And… This is counterproductive to all of them.”
Mr. Friese countered some of the opponents' arguments, stressing that decriminalization related to marijuana use could actually be positive as far as social impact is concerned. Friese said marijuana convictions can prevent people from serving in the military, hold various federal jobs, enroll in medical or pharmacy school, and in some cases prevent people from receiving housing. Access to the site will also be blocked.
“The consequences of these criminal acts do not match the actions,” Friese said. “I think the social effects that come from this (legalization) are probably both positive and negative. But overall, I think the workforce is diminished because the workers are criminals, and the I think the negative effects of depriving people of the opportunities discussed in the article above are: “The cost of continuing to criminalize this is not worth it.'' ”
According to the National Conference of State Legislatures, recreational marijuana is legal in 24 states, two U.S. territories (Guam and the Northern Mariana Islands) and the District of Columbia. Bakken said Montana and Minnesota allow it, and dispensaries in Montana report that more than 30% of their customers drive from North Dakota. He argues that if passed, Measure 5 would increase North Dakota's revenue by encouraging consumers to continue buying local and help residents avoid potential problems with federal authorities.
“It's illegal in North Dakota, so as soon as you cross that state line, you're committing a federal crime, which is human trafficking. But people don't connect the two,” Bakken explained.
Previous attempts to legalize marijuana in 2018 and 2022 failed. More than 59% of voters rejected legalization in 2018, and nearly 55% rejected legalization efforts in 2022, according to the North Dakota Secretary of State's Office.
FILE – A cashier rings the bell for marijuana sales at a marijuana dispensary in Las Vegas on July 1, 2017.
John Locher, A.P.
If voters approve legalizing marijuana, language included in Measure 5 would mean legal use of marijuana by people 21 and older would go into effect on Dec. 5. Passage of this measure would also require the state Department of Health and Human Services to: Develop and implement an adult-use cannabis program that would permit the commercial production and processing of cannabis and the sale of marijuana products by no later than October 1, 2025.
Mandan Police Chief Jason Zeigler said the language contained in the measure would create challenges for law enforcement. Ziegler is also president of the North Dakota Chiefs of Police Association, a group of county sheriffs, deputies and police officers that opposes marijuana legalization.
“Some people say it's not addictive, but there are studies that show it is. It's as addictive as alcohol, if not more so,” Ziegler said. “We can't control alcohol, right? We still have a problem with drunk driving.”
From an enforcement perspective, Ziegler pointed to the tests and measures currently in place to determine if a person is intoxicated. THC, the active ingredient that gives users a high, can be detected in blood and urine long after the intoxicating effects have worn off, often up to 30 days. Ziegler said field breath tests for alcohol are not considered invasive, but blood tests to detect THC levels can be, and law enforcement must obtain a search warrant for each test. He pointed out that it may be necessary to do so. Similarly, saliva tests in development could be considered invasive and require a warrant.
“To get it out, you have to go in and get around the mouth. So why would a reasonable person think they don't even need a search warrant?” Ziegler asked. “It has to apply to all other crimes, like rape and sex crimes. That's true. Why doesn't it have to apply to this?”
Ziegler said he is also concerned about the potential for abuse of edibles, citing the potential for overdose, especially in children.
Bakken said he and other Measure 5 supporters are well aware of the opposition, but believe legalization, regulation and revenue generation are all good reasons for passage.
“Are you saying 'no' because you want to prevent it from invading the state? Well, it's already here, so suppress it in a way that gives the state its power and authority. If you don't intend to, to control that resource, you risk an unrestricted drug trade,” Bakken said.
In 2019, Illinois legalized recreational use of marijuana and decriminalized possession of up to 30 grams.
Contact Brad Nygaard at 701-250-8260 or Brad.Nygaard@bismarcktribune.com.
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