Ben Pifher/MDN Yard signs in southwest Minot show support for Measure 5 in the 2024 election.

This fall’s election is the third attempt of its kind in North Dakota to legalize adult use, possession and distribution of allowable amounts of recreational cannabis and cannabis products.

Measure 5 was added to the ballot on Aug. 12, in a win for those who would like to see North Dakota added to the growing list of states with legal adult-use cannabis.

Joan Connell is a pediatrician from Bismarck who works with the University of North Dakota. According to Connell, while cannabis does have some benefits for those with serious illnesses, the assortment of chemicals in cannabis “is like ingesting a handful of stuff, and that is never healthy.”

Lisa Hermosillo, Democratic-NPL candidate in District 38 for the North Dakota House of Representatives, said the issues that come with cannabis are far overshadowed by the problems that alcohol causes for both public health issues and personal health issues. She said the majority of issues caused by substances are rooted in deeper problems. Hermosillo holds a degree in psychology, with a concentration in addiction studies.

“If people have the ability to not take a pill, and have the power to manage their own healthcare, to a point,” said Steve Bakken, Burleigh County commissioner, “there could be significant benefit in reducing risk of addiction to opioids or other drugs.” Bakken is chairman of the New Economic Frontier, the ballot measure committee that penned Measure 5.

Studies vary in their findings about cannabis and its health risks and benefits. One study in August by the University of Southern California links those with cannabis use disorder to an increased risk of cancer. This study was cited by Connell and Pat Finken of Bismarck, who is part of an organized effort to defeat Measure 5, in their arguments against the measure.

The Centers for Disease Control and Prevention (CDC) states cannabis users are more likely to develop long lasting mental health issues, such as psychosis, and these issues are more prevalent in those who began using cannabis at an earlier age.

Marijuana users are much more likely to have also tried a variety of other drugs in the past year, according to Finken, chairman of the Brighter Future Alliance, an organization asking voters to decide against recreational cannabis. He stated the information came from a 2022 national survey on drug use and health. A handout published by Brighter Future Alliance contained a variety of information about cannabis use, its effects and which agencies formally oppose Measure 5.

Finken said he and the organization are opposed to the measure because marijuana is addictive and not safe. Connell also said cannabis alters brain development when used by children, and it places youth who use it at risk for polysubstance use forever.

Hermosillo holds the opinion that cannabis is not a gateway drug. She said people should be allowed another legal option besides alcohol, but without all of the health issues of tobacco. She states in her studies or research, she has not seen research showing cannabis leads people to try other drugs, and the CDC states most people do not go on to use other drugs.

According to Hermosillo, the notion that cannabis is a gateway drug is an outdated stigma and mentality. She said its stigma is tied to its use by minority groups and the media portrayal of users and sellers being targeted by police. She asks people to do a comparison between cannabis and other drugs or vices and come to their own conclusions.

Bakken countered that substances prescribed by doctors have caused addictions to pain medications that cannabis has helped people recover from.

“If you want to talk about a gateway drug. … Cannabis is not the gateway drug. The gateway drug is the dealer,” he said.

Regarding the risks of children consuming cannabis unintentionally, Bakken said “good parenting and personal responsibility is key.” He said the measure’s adult use cannabis age is 21 to mirror alcohol, and users should treat cannabis like alcohol in the home – educate their children and store it separately to prevent access.

Hermosillo agreed with Bakken and said people should be as responsible with cannabis around their children as they are with cigarettes. She also noted the health issues caused by cigarettes and alcohol.

According to a 2022 study published in Pediatrics, there was an increase in reported children younger than 6 consuming edibles, from 207 exposures in 2017 to 3,054 in 2021. In providing statistics from this study, Connell explained that there has been an increase of 1375% in reported exposures. The study states 22.7% of these patients were admitted to the hospital for various levels of care.

Connell said that the measure includes language to allow for cannabis gummies, and she called to mind the parallels between the marketing techniques being used to sell cannabis and those used to sell tobacco decades ago.

Connell also stated concern that Measure 5 doesn’t include language to use money generated from cannabis sales to fund addiction research, treatment and counseling.

“Even if you’re supportive of marijuana use,” she said, “you have to be supportive of having access to care…We have to address the social consequences that have impacted every other state that has legalized it.”

“I think on the medical marijuana side of it, there is still some debate going on, but as far as legalization, I don’t think that’s a good idea,” said Burleigh County Sheriff Kelly Leben, who is a 34-year veteran of law enforcement who worked in and managed jails.

Leben said he has seen the effects of substances on people, and the one thing he keeps going back to are his conversations with other law enforcement professionals from around the country. According to them, he said, “The problems didn’t go away. They got worse.”

He said no one can be sure exactly what would happen if legalization happens, but police from around the country are saying legalization has not been good for their areas.

“Take a look at the laws in the places where they are saying that (problems got worse), and what you’ll find is that they’re nonrestrictive and unfettered. Other places are rolling back on drug legalization because they made everything legal. You’ll notice what they aren’t touching is cannabis, because there’s no reason to,” Bakken said.

“There will be some learning needed for law enforcement, and there will be some struggles to find balance between enforcement and acceptance of problems (that come with) cannabis if legalization passes,” Leben said. He also brought up that in states with legal cannabis, members of its industry are requesting law enforcement crack down on black markets, because of their lost revenue.

Hermosillo said as long as there are strong regulations associated with legal cannabis and regulators control what goes into cannabis products, there is potential that users may move from the black and gray markets that exist today into daytime businesses generating tax revenue.

“There’s no such thing as free money,” Leben said, explaining North Dakotans are facing the consequences of legalizing gambling and other vices. He said while there are other costs, legalization would spark growth similar to the oil boom in western North Dakota, both good and bad. North Dakotans should pause before deciding the fate of the measure and consider the negatives that would come with its passing, he said. One of the most important things is education, he said.

Leben and Finken agreed the odor of smoked cannabis would not be contained to where it is being used and raised concerns about the smell encroaching on others’ property. Bakken also made similar statements.

Finken argued against verbiage in the measure.

“The only way they can arrest somebody or investigate public use is not if they see somebody doing it or smell the distinct odor of marijuana; it’s only if they can see that the person is in possession of an amount in excess of the maximum amount,” he said.

Another concern that often arises is driving under the influence of cannabis.

According to T Kvigne, Public Safety Information and Outreach officer with the City of Minot, there isn’t an offense that is strictly a DUI caused by marijuana in North Dakota. Between Oct. 12, 2019, and Oct. 12 of this year, there were 35 incidents in which DUI charges and marijuana charges were involved in the same incident, he said.

Over the five-year span, there were 537 incidents related to DUIs, with 681 offenses total, according to Kvigne. This means in Minot, marijuana has been involved in about 6.5% of DUIs. He said in the city, Student Resource officers help to educate Minot students, as well as parents and guardians, about the effects and consequences of drug use.

The Brighter Future Alliance advocates for a “no” vote to protect North Dakota from problems that might come with the measure’s passage, arguing costs may eclipse benefits and leave North Dakota worse off.

Proponents say voters should give cannabis a chance and let North Dakota reap the rewards of another cash crop.