North Dakota Senate Rejects Marijuana Decriminalization Bill HB 1596

7 April 2025

North Dakota lawmakers have once again decided to hold the line on marijuana laws, rejecting a proposal that would have reduced penalties for low-level cannabis possession.

The Senate voted 33–13 to defeat House Bill 1596, which sought to make possession of less than half an ounce of marijuana a noncriminal offense — similar to receiving a traffic ticket. Instead of facing criminal charges, individuals would have been fined $150 with no mandatory court appearance.

The bill had gained broad support in the House earlier this year, passing by a wide margin, and was backed by prosecutors from Cass and Stark counties. Supporters argued that reducing minor possession offenses would ease pressure on North Dakota’s overburdened court system. Between 2021 and 2024, more than 8,600 marijuana arrests led to nearly 17,000 court hearings statewide, diverting valuable resources from more serious criminal matters.

Even though jail time for small possession was eliminated in 2019, marijuana possession in North Dakota is still treated as a criminal infraction with potential fines up to $1,000 and repeated court dates. House Bill 1596 aimed to shift that approach toward a civil penalty system — a move seen in neighboring states like Montana and South Dakota.

Opposition from law enforcement groups and concerns about undermining past voter rejections of full legalization led to the bill’s failure. Some senators viewed the measure as a possible step toward broader cannabis legalization, something they said North Dakota voters have consistently opposed.

However, critics of the bill’s defeat argue that voters have only weighed in on full legalization initiatives — not on the question of decriminalization for simple possession.

For North Dakota residents and potential cannabis entrepreneurs, the Senate’s decision signals that major changes to marijuana policy will continue to face strong political resistance, even as federal discussions around cannabis reform gain momentum and neighboring states move forward.

Bottom Line: North Dakota’s cannabis laws remain among the strictest in the region — and for now, low-level possession will continue to carry criminal consequences.