North Dakota Left Off List Of States With Medical Marijuana

Ron Strider

Well-Known Member
A possible error in the Congressional spending bill left North Dakota off a list of states with legalized medical marijuana, raising questions about potential impacts for the state as it launches a new program.

An amendment in the bill lists states that have legalized medical marijuana and prevents federal dollars from being used to prevent the use, distribution, possession or cultivation of medical marijuana in those states.

But North Dakota, which is implementing a medical marijuana program after voters approved it last November, is not on the list.

Sen. John Hoeven, R-N.D., who serves on the Appropriations Committee, said a subcommittee approved the list of states in April 2016, several months before North Dakota had passed the law.

Hoeven said it shouldn't have an impact for North Dakota because the state Department of Health is still implementing rules for the program and the product isn't expected to be available for another 12 to 18 months.

"I'll just go in and make sure we update it," Hoeven said. "It should be in place before North Dakota's program is up and running."

Tim Purdon, former U.S. attorney for North Dakota, said the omission of the state from the amendment could create confusion and uncertainty for an industry that's already complicated by the fact that marijuana continues to be illegal at the federal level.

"Whether it's a mistake or whatever, this is just another challenge for folks who want to get into this industry in North Dakota," Purdon said.

U.S. Attorney Chris Myers was out of the office Friday and unavailable for comment.

Hoeven said he plans to reach out to U.S. Attorney General Jeff Sessions to double check that it won't create an issue for North Dakota. Hoeven said it's his understanding that the Department of Justice does not plan to focus on medical marijuana usage that complies with state law.

Purdon said many in the legal cannabis industry have been "on pins and needles" about Sessions because "he has a long, well documented historical animus toward legal marijuana."

Other than the amendment in the spending bill, the only protection the industry has is a Department of Justice policy that Sessions could change, Purdon said.

Indiana, which recently legalized medical marijuana, also was left off the amendment. Minnesota's program was included in the list.

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