Cannabis Legalization Measure Approved for North Dakota Ballot

North Dakota voters now have a third shot at legalizing adult-use cannabis after Secretary of State Michael Howe announced Aug. 12 that his office validated 18,964 signatures for a statutory measure to appear on this November’s ballot. This follows unsuccessful legalization attempts in 2018 and 2022.

New Economic Frontier (NEF), the committee behind the 2024 initiative, submitted nearly 22,400 signatures in early July for the measure, which would establish a new chapter of the North Dakota Century Code to create a licensed and regulated marketplace for those 21 years and older to purchase and possess small amounts of cannabis.

NEF needed at least 15,582 valid signatures (2% of the state’s population in the last census) for the measure to go before voters in the Nov. 5 election—a threshold the group passed with more than 3,300 signatures to spare. The initiative will appear as Measure 5 on the state ballot.

“We’re excited for North Dakotans to cast their votes on the legalization of adult-use cannabis in November,” NEF Chairman Steve Bakken said in a public statement. Bakken serves on the Burleigh County Board of Commissioners and is the former Republican mayor of Bismarck.

“It represents a unique opportunity for North Dakota to diversify its economy and alleviate some of the burden on our law enforcement and judicial systems,” he said. “It’s about unlocking our state’s potential and securing a brighter future for all residents.” 

In 2023, North Dakota law enforcement officials charged 4,451 people with cannabis use or possession, The Associated Press reported.

Under current law, possessing a half ounce or less of cannabis is a criminal infraction with a $1,000 max fine, while possessing more than half an ounce is a misdemeanor punishable by incarceration and additional fines, according to industry advocacy group NORML.

Measure 5 would legalize up to 1 ounce of cannabis flower, 4 grams of concentrate or 1,500 milligrams of THC, including up to 300 milligrams in edible products, for adults 21 and older to possess. In addition, individuals 21 and older could grow three cannabis plants at home for personal use, with a limit of six plants per household.

The measure would also establish a licensed and regulated marketplace under the state’s Department of Health and Human Services (DHHS) or another government entity determined by the state’s Legislative Assembly. The authoritative body could license up to 18 adult-use cannabis dispensaries and seven manufacturing facilities. The initiative includes an Oct. 1, 2025, deadline to implement the program.

This legalization attempt comes at a time when neighboring Montana and Minnesota have legalized adult-use cannabis and when South Dakota voters will also cast ballots on an adult-use legalization measure this November.

North Dakota state Rep. Matt Ruby, R-Minot, a sponsoring member for NEF, said the committee’s proposal takes a responsible approach to legalization.

“Our goal now is to educate voters on why we believe this to be a great step forward for our state,” he said in a public statement. “We’re focusing on three key areas: economic growth, more effective regulation, and less barriers to medical cannabis.”

North Dakota voters legalized medical cannabis with a 64% majority in the 2016 election. The program currently includes two manufacturing facilities and eight dispensaries, including four stores operated by Curaleaf, the largest publicly traded cannabis company in the world. As of June 30, 2023, North Dakota had more than 9,550 qualifying patients in the medical program, according to DHHS.

The proposed adult-use measure would set up a separate application process for these existing operators to receive dual-use licensure to serve both marketplaces.

North Dakota’s 2024 adult-use legalization attempt follows unsuccessful attempts in 2018 and 2022, when voters rejected those previous proposals with 60% and 55% majorities, respectively.

But this November marks the state’s first attempt to legalize adult-use cannabis during a presidential election when higher voter turnouts usually help drive support for cannabis reform measures.