Legalization on the November ballot!

The third time may be the charm for adult-use marijuana in North Dakota. The New Economic Frontier gathered more than 22,000 signatures to secure its spot for Measure 5 — the cannabis legalization initiative — on the 2024 ballot. 

In 2018 and 2022, legalization ballot measures fell shy of passage. But public support has increased nationwide since then, and North Dakota is almost surrounded by legalization jurisdictions now. This is also the first time legalization will appear on a presidential election ballot in North Dakota, and stronger turnout should improve its odds. 

 Measure 5 would allow adults who are 21 and older to:

• Possess and give away up to one ounce of cannabis, four grams of concentrated cannabis, and infused products with 1,500 milligrams of THC.
• Securely and discreetly cultivate three plants per person over the age of 21 with a limit of six plants per household.

It would allow no more than 18 licensed cannabis stores and seven growers. The state legislature would assign either the Department of Health and Human Safety as the regulator, or decide on another department.

The campaign is facing strong opposition from some in law enforcement. While there are reasons for hope, it’s important that advocates get involved and make it to the polls on Election Day. North Dakota is the only state where you do not have to register to vote. Learn more about how to vote, and make sure you and your network turns out.  

Medical Cannabis 

In 2016, North Dakota voters passed a medical marijuana initiative, known as Initiated Statute Measure 5. The legislature subsequently revised the measure, but many of the provisions remain intact. 

Under the law, patients with a practitioner’s certification and a qualifying debilitating condition may use and access medical cannabis. Patients may also petition for other ailments to be added to the qualifying conditions list. Patients will need a compassionate use card, you can sign up and get one here. Due to changes made by the legislature, it unfortunately does not allow home cultivation. However, patients may purchase up to 7.5 ounces of marijuana from licensed medical dispensaries once every 30 days. 

Decriminalization Laws

In 2019, the North Dakota Legislative Assembly passed “decriminalization” for possession of 0.5 ounces or less of marijuana. While a person can’t be jailed for possession of small amounts of cannabis anymore, the penalty is still extremely harsh — a criminal infraction with a maximum penalty of a $1,000 fine. Also, using any amount of cannabis is still a misdemeanor. North Dakota has seen a decline in cannabis-related charges every year since medical marijuana and decrim laws passed, but over 1,500 people are still being arrested and cited each year for cannabis possession. 

If voters approve Measure 5 in November, adults 21 and older will no longer be criminalized for cannabis, and the number of arrests should plummet.

For more information on cannabis penalties check out NORML’s North Dakota penalties page.

Timeline of cannabis policy reform in North Dakota

2016 - Voters approve Measure 5 to legalize medical cannabis

2017 - State lawmakers adopt Senate Bill 2344 to modify the voter-approved medical cannabis law

2018 - Legalize ND gathers signatures and qualifies Measure 3, an adult-use legalization measure, for the ballot; voters ultimately reject the initiative.

2019 - Lawmakers approve House Bill 1050 to remove jail time penalties for adults possessing up to half an ounce of cannabis.

2022 - New Approach North Dakota launches a signature drive and submits over 25,000 signatures to put an adult-use legalization measure on the ballot, the measure falls short of passage 

2024 - New Economic Frontier leads initiative campaign for  adult-use legalization, which will appear on the November 5 ballot as Measure 5

Get involved

Follow the 2024 ballot measure campaign and join the team of volunteers working to pass the initiative by visiting https://NewEconomicFrontier.com/.

Stay connected

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