Marijuana issue likely far from settled in North Dakota despite measure's rejection
An initiated measure that would have legalized the use of recreational marijuana by people over the age of 21 in North Dakota failed to pass Tuesday, with opponents saying voters made a sensible decision from a health perspective and proponents maintaining voters made a poor choice from a legal standpoint.
The issue is likely far from settled, with recreational marijuana legal now in nearly half of U.S. states, and proponents believing that Tuesday's defeat doesn't change the fact that attitudes are shifting in North Dakota, as well.
Of the 361,936 votes cast statewide, 53% rejected the proposal versus 47% favoring the legalization of the plant, according to results from the state Secretary of State's Office. The vote total was the highest among the five measures on Tuesday's general election ballot.
Supporters of Measure 5 said legalization was an opportunity to create legislation and policy "in keeping with North Dakota values," while providing opportunities previously unavailable to those with marijuana convictions. Opponents said the third defeat of legalization efforts within a six-year period in the state should send a message and put the matter to rest.
Locally, 58% of voters in Burleigh County and 57% of voters in Morton County rejected legalization.
The opportunity to vote for legalization was a big reason that Bismarck resident Angela Tochek said she utilized "our hard-earned right" to vote, but she was in the minority in the county, and state.
Bismarck resident Gary Jaeger was with the majority who voted against legalization.
"I just wasn't sure how it would work out," he said.
The measure gained favor in only four of the state's 53 counties: Cass, Grand Forks, Rolette and Sioux.
News of Tuesday's defeat was lauded by Dr. Kevin Sabat, president of Smart Approaches to Marijuana. SAM bills itself as a nonpartisan, nonprofit group of medical doctors, lawmakers, treatment providers, preventionists, teachers and law enforcement officers who liken efforts to legalize cannabis use to previous efforts regarding smoking by tobacco companies.
"Voters continue to send a clear, decisive message that public health, science, and common sense should come before industry profits," Sabat said in a statement.
Sabat said efforts to legalize the use of recreational cannabis beginning after the implementation of North Dakota's medical marijuana program was "simply the industry's way of getting a foothold in the state so that then they could create a full-scale THC drug market," and praised voters' opposition to the idea. THC is what gives marijuana users a high.
Had Measure 5 been approved, use of recreational marijuana and cannabis products by those 21 and older would have become legal effective Dec. 1, and the Department of Health and Human Resources would have been mandated to create a program for licensing and management of commercial growing facilities and dispensaries by Oct. 1, 2025.
Supporters maintained legalization would provide the state with an additional revenue source via taxes and fees paid by now-law-abiding users and sellers, and would eliminate certain stigmas that accompany criminal convictions.
Chairman of the measure's sponsoring committee Steve Bakken previously told the Tribune that he believes the legalization of marijuana in North Dakota is "only a matter of time," and that this most recent proposal provided full control to the Legislature and state. Bakken is a Burleigh County Commissioner and a former mayor of Bismarck.
"And that is why we crafted Measure 5 extremely conservatively - so that the state has all the power, (and) all the authority to manage it, license it, regulate it, make sure the quality is there, make sure the purity is there, and then subsequently tax it as they see fit," he said.
The estimated fiscal impact of the measure for the 2025-27 state budget period included revenues of $10.2 million, expenses of $8.3 million, and an undetermined amount of additional costs associated with behavioral health and social impacts, according to the ballot language.
Locally, opponents of Measure 5 applauded the rejection of legalization. Pat Finken, a longtime political consultant and executive director of the Brighter Future Alliance, said voters made a wise choice.
"They understand that today's marijuana is not safe and that legalization will only add to the addiction and mental health crisis already punishing North Dakota families," he said, citing studies showing concentrations of THC in marijuana plants cultivated today are 10 times higher than concentrations of plants cultivated in the 1970s.
Mark Friese, a Fargo attorney and supporter of legalization, called continued criminalization of cannabis "bad policy."
"Those of us who have witnessed firsthand the far-reaching consequences of criminalization of cannabis have a duty to continue educating others about this failed policy," he said after the vote.
Previously, Friese said criminal convictions for even small amounts of marijuana have disqualified people from military service, access to employment, educational opportunities and housing.
"The consequences for these offenses don't match the conduct," Friese said.
Changing attitudes?
Tuesday's results mark the closest margin of defeat compared to previous attempts. A 2018 measure failed when more than 59% of voters cast "no" votes, and a proposal put before voters in 2022 failed after 56% of voters rejected legalization.
In a statement provided by New Economic Frontier, a pro-legalization group Bakken chairs, supporters contend strong voter turnouts coupled with the narrowing margins of defeat indicate changing attitudes toward cannabis products by residents.
"We urge lawmakers to pay attention to the growing support for cannabis reform and consider policies that better reflect the needs and values of North Dakota," the statement said.
Bakken said legalization coming through a locally originated initiated measure rather than a measure crafted by out-of-state interests would be far better for North Dakota. Regarding Tuesday's defeat, he said opposition focused its efforts on preventing North Dakota from "becoming another Colorado, and here we are."
"Now we've got a president-elect that's in favor of legalization and here we are in North Dakota without something already in place," he said.
Other states voting on marijuana
North Dakota voters weren't alone Tuesday. Questions concerning legalization of marijuana and cannabis products were also put before voters in Florida, Nebraska and South Dakota.
In Florida, voters rejected a constitutional amendment that would have legalized recreational marijuana and allowed people over the age of 21 to possess up to 3 ounces of product.
The amendment would have also allowed medical marijuana treatment centers and other licensed state entities to acquire, cultivate, process, manufacture, sell and distribute marijuana products and accessories.
Passage required approval by 60% of voters, but the measure failed, garnering 56% approval.
Nebraska voters approved a measure allowing for possession of up to 5 ounces of medical marijuana with the written recommendation of a physician, with more than 70% of voters saying "yes," according to The Associated Press. Another measure, approved by nearly 67% of voters, creates a Medical Cannabis Commission to regulate the manufacture, distribution, delivery and dispensing of cannabis for medical purposes by registered private entities.
An initiated measure that would legalize the possession, distribution and recreational use of marijuana in South Dakota failed, with 56% of voters saying "no."
Before Tuesday, use of recreational marijuana and cannabis products was legal in 24 states, two U.S. territories (Guam and the Northern Mariana Islands) and the District of Columbia, according to the National Conference of State Legislatures.
Reach Brad Nygaard at 701-250-8260 or
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