The North Dakota House approved a bill to legalize adult-use cannabis for people over 21 this past Tuesday February 23. Called HB 1420, it would allow citizens to possess up to one ounce of adult-use cannabis on themselves at one time. However, it would not allow for home cultivation. This is different from many other states that have legalized adult-use usage cannabis, such as Colorado, Alaska, and California.
House Bill 1420
Surprisingly, HB 1420 almost didn’t make it past its initial committee hearing. The House Human Services Committee voted 7-6. But in the full House chamber, HB 1420 received a 56-38 approval. This moved the bill to the Senate for consideration.
Representative Jason Dockter (R) is the sponsor for this bill. Previously, Representative Dockter has been against legalization of both medical and adult-use cannabis for North Dakota citizens. But he has changed his mind in light of recent events. He quoted the changes that are happening around the country, with 13 states now legalizing recreational. Most recently, neighboring state South Dakota saw two separate measures approved by voters to legalize. Both medical and adult-use cannabis usage. While those are both being contested and changed around, Rep Dockter has taken note.
Rep. Dockter said on Tuesday it’s not a question of “if” legalization is coming. “It is coming in—it’s already here.”
Activists Groups
This sudden push to legalize adult-use cannabis is to keep the lawmakers in charge of the legislation – not the activists. Even lawmakers who aren’t in favor of legalization are in favor of SB 1420. That way stricter provisions can be added. Many activist groups, like Legalize ND, are excited about these new changes, but say that it isn’t enough. It still limits consumers on what they want and what other states have offered their citizens.
One activist group called ND for Freedom of Cannabis Act agrees with HB 1420. But they also started measures to get an amendment on the 2022 ballot about home cultivation. The House did not include this measure in their bill. A new amendment would allow for the home growth of 12 plants. Six of those plants can be mature at one time. Lawmakers have previously struck down attempts to put cannabis legalization on the 2022 ballot. It’s unclear how this new amendment will be treated, though it’s only in the beginning of the signature collecting process.
Along with HB 1420, House members also passed a complementary bill for a tax structure for the recreational market. It was approved 73-21 and would apply a 15 percent gross receipts tax on sales. An additional 10 percent distribution tax would apply for dispensaries. It is unclear at this time where revenue from taxed marijuana sales will go.
Future
HB 1420 is set to move to the Senate in the near future for further discussion and debate. It has a probable chance of passing the Senate and making it to the governor’s desk. It’s unknown whether Governor Doug Burgum (R) will sign the bill or veto it.
As more news develops, we will be sure to update you with the latest information. Make sure to check back for more cannabis and hemp related news.