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Senate rejects bill to decriminalize small marijuana possessions after extended debate
Summary
House Bill 15 96, proposing to reduce penalties for certain small marijuana possessions, failed on the Senate floor 13–33 after debate about court congestion, enforcement, and public will.
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The North Dakota Senate defeated House Bill 15 96, which would have decriminalized certain small noncriminal possession of marijuana, THC or paraphernalia. After a floor amendment adjusting age-related language passed 25–21, senators on the floor rejected final passage 13–33.
Why it mattered: Sponsors argued the measure would reduce court time and free resources for more serious crimes; opponents said the change would contravene the public’s prior vote against legalizing recreational marijuana and could undermine community safety. Law enforcement groups and chiefs testified against the bill in committee, and multiple senators referenced testimony expressing concern about measuring impairment and THC potency.
What happened on the floor: An amendment (described in the transcript as adjusting age-related provisions to align with minor-in-possession laws) was introduced from the floor and adopted 25–21. Supporters emphasized that about 90% of marijuana cases they cited involve small amounts and administrative processing; opponents stressed that infractions are treated as criminal in North Dakota under state precedent and that closing the criminal pathway was contrary to voters’ will. The final roll call closed the measure: 13 ayes, 33 nays, 1 absent — the bill failed to pass.
Key floor concerns and clarifications: witnesses and senators raised these points on record: whether changing classification would increase or decrease public defenders’ appointments (testimony cited 2,357 public defender appointments for marijuana-related cases between Jan 1, 2021 and Dec 31, 2024 in one sponsor’s materials); how repeat infractions would be handled (not discussed or resolved on the floor); whether local rule 43 citation practices already provide an administrative path (some states’ attorneys use rule 43 processes to issue citations without booking). Several senators asked for—and sponsors conceded—clarifications tying age thresholds to 21 in certain sections.
Ending: The bill’s defeat preserves the existing statutory framework for small marijuana possession in North Dakota; the transcript notes that the clerk’s tally recorded the final outcome.
