Committee backs changes to paraphernalia and drug possession statutes to count out‑of‑state convictions and add penalties

The House Judiciary Committee voted to recommend do‑pass on House Bill 1367, a two‑part measure that would (1) change how prior drug possession or paraphernalia convictions from other jurisdictions are counted and (2) add penalties for certain paraphernalia items tied to packaging and storage.

Rosa Larson, Ward County state’s attorney, said the first section would amend North Dakota Century Code language so that prior convictions “from any other state, federal jurisdiction” count when enhancing simple‑possession penalties. Under current state language, Larson said, some out‑of‑state possession convictions cannot be counted toward enhancement in North Dakota.

Larson described the second change as closing a drafting gap that left packing and storage items — baggies, scales and similar items used to package or conceal drugs — outside the penalty section when statutes were reorganized. “We’re asking that you put that back in at the C felony level,” Larson said, noting the intent is to treat possession of packaging and storage paraphernalia consistently with other paraphernalia offenses that already carry misdemeanor or felony penalties.

Jonathan Byers, representing the North Dakota State’s Attorneys Association, voiced the association’s support. The committee voted 13–0 with one member absent to give the bill a do‑pass recommendation; Representative Better agreed to carry the bill.

Supporters said the bill aims to make state law consistent and to restore penalty language the Legislature intended when statutes were reorganized. Committee members asked clarifying questions about marijuana‑related paraphernalia and how infractions convert to misdemeanors; Larson said marijuana tools remain largely treated as infractions except in repeated or grow‑related cases.