North Dakotans will have the chance to vote on legalizing recreational marijuana in this fall’s midterm elections.

Secretary of State Al Jaeger has determined that of the approximately 25,000 signatures submitted with the petitions to his office, 23,368 signatures were valid, paving the way for recreational marijuana legalization to be on the ballot Nov. 8 in North Dakota. After two other petition campaigns for other measures were rejected for issues over signature collecting and allegations of fraud, the sponsoring committee of New Approach North Dakota went to great efforts to fortify its signature numbers and verify their validity before submitting them.

NAND’s sponsoring committee includes District 40 Rep. Matthew Ruby, R-Minot, who considers the measure to be a “conservative approach” to cannabis legalization, as it is largely based on House Bill 1420 that was passed by the North Dakota House of Representatives in 2021.

“It balances personal freedom with personal responsibility. Adults will no longer be punished for using cannabis, but only if they do so safely and responsibly,” Ruby said in the committee’s news release.

The referendum is set to be titled “Initiated Statuary Measure No. 1” and would legalize the sale, possession and use of cannabis for anyone aged 21 or older, with a substantial amount of regulation and control by state authorities. Should it pass, North Dakota would join 19 other states that have adopted laws legalizing and regulating cannabis.

Legal adults would be limited to up to one ounce of cannabis and small quantities of cannabis products like concentrates and infusions. Individuals also would be allowed to grow up to three cannabis plants in their own homes as long as it is out of public view and in a secure locked space.

Under Measure 1, a number of penalties are possible for violating possession limits, gifting more than the legal limit to others and using or consuming cannabis or cannabis products in public. The measure further restricts anyone from driving a motor vehicle while under the influence or bringing cannibis on to the grounds of any public or private school campus or location hosting school activities, on school buses, on state or federal property or child care facilities.

There are also provisions penalizing users who pass second-hand inhalation from cannabis smoke or vapor to anyone younger than 21. The measure does not prohibit employers from adopting a zero tolerance or drug-free workplace policy or terminating an employee for violating it.

Measure 1 would protect individuals from being denied the right to own firearms for cannabis use or possession, something that the medical marijuana measure that passed in 2016 did not do. Individuals partaking in legal cannabis use would not be denied parental rights, custody or visitation based solely on their use of the substance, or denied eligibility in public assistance, unless required by federal law.

All cannabis products made in the state also would be required to be tested in state-approved laboratories as part of a comprehensive regulatory system for businesses manufacturing or selling cannabis. The number of cannabis manufacturing business in the state would be limited to seven, and the number of dispensaries to 18.

Attorney and former policeman Mark Friese, who is the NAND treasurer, feels there is a strong argument to be made to North Dakota voters in the days to come.

“Cannabis causes far less harm than alcohol. Many people find therapeutic benefits from it. The government shouldn’t be in the business of punishing adults who use cannabis responsibly,” Friese said.

More information on the “Yes on 1” campaign, including the full text of the measure, can be found at www.measure1nd.org.

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Other states

Other legalization measures have qualified for the 2022 ballot in Maryland, Missouri and South Dakota. Signatures collected for efforts in Nebraska are still being verified. Activists in Arkansas have submitted the required number of signatures but are contesting a change in the name of the measure made by election officials.