North Dakota Lawmakers Consider Reducing Penalties For Marijuana Possession

Jacob Redmond

Well-Known Member
Lawmakers on Wednesday took testimony on a bill that, if passed, would decrease the severity of marijuana possession offenses, particularly for first-time offenders.

The North Dakota State House Judiciary Committee took up House Bill 1394 on Wednesday morning.

The bill's sponsor, Rep. Lois Delmore, D-Grand Forks, who also sits on the committee, introduced the bill and spoke in its favor.

Delmore's bill effectively would downgrade the severity of the offense level involving less than an ounce of marijuana.

Delmore's bill also would reduce the severity of driving with less than an ounce of marijuana to the same level of penalty applied to driving under the influence of alcohol.

In her Wednesday remarks, Delmore said the intent of her bill was to create a dialogue with the youth of North Dakota.

Delmore pointed out that many respected individuals – presidents, artists, lawyers and doctors – smoked marijuana in their youth but went on to accomplish great things. She said a conviction for possessing even a small amount of marijuana, what she called a "youthful indiscretion," could forever close doors to a young person.

Delmore said she didn't believe it was the right time to legalize marijuana in North Dakota, but that it was time to reduce the stigma directed at those convicted for possessing it.

The representative's comments touched off a brief discussion by committee members, some of whom disclosed that they, too, had smoked marijuana in their youth.

"You want to ask for a show of hands?" West Fargo Republican and committee chairman Rep. Kim Koppelman joked.

Committee member Rep. Diane Larson, R-Bismarck, said that one of the most dismaying things about her time as a youth worker with the Bismarck Police Department was seeing juveniles come in who didn't take marijuana seriously.

"My concern is we are perpetuating the myth that there is nothing wrong with marijuana," Larson said.

In response, Delmore said her bill wasn't about excusing marijuana use, but rather giving young people a second chance when they make a mistake.

"I think we've finally decided we don't need to send people to prison for everything," Delmore said.

Bruce Burkett, speaking on behalf of the North Dakota Peace Officers Association, said he opposed reducing possession of less than half an ounce of marijuana to an infraction-level offense, which would remove a judge's sentencing discretion, including the ability to impose mandatory treatment or probation.

Burkett added that a youthful marijuana conviction would not necessarily prevent a person from achieving ambitions, but, in cases where it does, he said actions should have consequences.

"Life practices do limit what you can do," he said.

Delmore replied that, if judges and prosecutors always showed leniency to young people caught in possession of marijuana, "this bill might not be necessary."

Delmore and Burkett were the only two people to speak to the bill. The committee accepted the testimony and closed the hearing without taking further action.

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Full Article: North Dakota lawmakers consider reducing penalties for marijuana possession | Grand Forks Herald
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