North Dakota decriminalizes possession of small amounts of cannabis

After a failed attempt at legalization last November, North Dakota has nonetheless taken the initiative to relax its cannabis control policies. The government has just decriminalized possession of certain amounts, thereby becoming the 25th U.S. state (10 of which have legalized cannabis) to eliminate prison sentences for the possession of small amounts of cannabis.

Reclassify Offenses

State Governor Doug Burgum, signed The bill was introduced last week rather quietly. It reclassifies offenses related to cannabis possession. For amounts under 14 grams, cannabis possession is no longer a misdemeanor (punishable by 30 days in prison) but a simple traffic violation (though still 1,000$). A repeat offense, however, may result in criminal prosecution, and possession of cannabis paraphernalia is also considered an offense.

The penalties for possession of more than 14 grams of cannabis have also been reduced. In fact, possession of up to 500 grams of cannabis is no longer considered a felony (punishable by 5 years in prison) but a Class B misdemeanor (punishable by a maximum of 30 days’ imprisonment and a fine of 1,500$). For amounts exceeding 500 grams, the offense is no longer considered a felony but a Class A misdemeanor (punishable by one year in prison and a fine of 3,000$). These new penalties will take effect on August 1.

A «first step»

«North Dakota had been ranked among the states with the highest rates »in arrests for cannabis possession per person (6th in 2016), so this news is a huge step forward" considers Carly Wolf of NORML. Matthew Schweich, the director of Marijuana Policy Project, takes a more nuanced tone: «This legislation is far from ideal, but it’s a significant step in the right direction. It is very encouraging to see a conservative state like North Dakota recognize and rectify the injustice of imprisoning people for possession of small amounts of cannabis.».

Last November, the people of North Dakota voted “no” on the proposal to legalize cannabis that was put to a public vote—though it should be noted that the proposal did not include any regulations. As for the state’s legislators, they had, last February, rejected a similar initiative which decriminalized the possession of 28 grams and two cannabis plants. In Texas, also one of the most conservative states in the United States, decriminalization seems to have failed due to the governor's opposition. However, New Mexico has decriminalized this year, and similar initiatives are being debated in Hawaii and Alabama.