North Dakota Initiated Measure 5, Marijuana Legalization Initiative (2024)

North Dakota Initiated Measure 5
Election date November 5, 2024
Topic Marijuana
Status d Defeated
Type State statute	Origin Citizens

North Dakota Initiated Measure 5, the Marijuana Legalization Initiative, was on the ballot in North Dakota as an initiated state statute on November 5, 2024. It was defeated.

A "yes" vote supported legalizing recreational marijuana, allowing individuals to possess up to 1 oz of marijuana, 4g of concentrate, 300mg of edibles; and allowing individuals to grow three plants with a limit of six plants per household.

A "no" vote opposed legalizing recreational marijuana.

Election results

See also: Results for marijuana and psychedelics ballot measures, 2024

North Dakota Initiated Measure 5
Result		Votes	Percentage
Yes		172,174	47.47%
No		190,548	52.53%

Results are officially certified.

Source

Overview

What would Initiated Measure 5 have done?

See also: Text of measure

The initiative would have legalized recreational marijuana. Under the measure, individuals could have possessed up to 1 ounce of marijuana flower, four grams of cannabinoid concentrate, 1,500mg of THC in the form of cannabinoid products, and 300mg of edibles. Individuals would have been allowed to grow three plants with a limit of six plants per household.

The measure would have required the Department of Health and Human Services, or another department or agency designated by the state legislature, to establish marijuana regulations, including for the production and distribution of marijuana by October 1, 2025. Under the measure, the department could have licensed up to seven cultivation facilities and 18 marijuana retailers.

What did supporters and opponents say about the measure?

See also: Support and Opposition

New Economic Frontier sponsored the initiative. The campaign said, "As seen in other states, legalizing adult-use cannabis can fuel economic development by creating new jobs, stimulating tourism, and generating tax revenue. By embracing this growing industry, we can unlock new sources of income, foster entrepreneurship, and build a more resilient and prosperous economy for North Dakota. ... Arresting adults for minor cannabis offenses drains law enforcement resources and burdens our judicial system. By legalizing cannabis, we can redirect these valuable resources toward addressing more pressing public safety concerns, ensuring our communities are safer and our officers can focus on serious crimes."

Opponents of the measure included the North Dakota Medical and Hospital Associations, North Dakota Peace Officers, Chiefs of Police Association of North Dakota, and North Dakota Sheriffs and Deputies Associations. Tim Blasl, President of the North Dakota Hospital Association, said, "It is crucial that we prioritize the well-being of our communities and take a cautious approach to any policy changes that could increase the prevalence of substance use and its associated harms. Instead of legalizing marijuana, we should focus on prevention, education, and providing adequate resources for those who need help with substance use and mental health issues. We continue to experience an epidemic in terms of behavioral health issues in our communities and the health and safety of our community must come first.”

Has North Dakota voted on marijuana legalization before?

See also: Background

North Dakota voters rejected marijuana legalization initiatives in 2022 and 2018. In 2022, voters rejected Measure 2 with 55% of voters opposed and Measure 3 2018 with 59% of voters opposed.

In 2016, North Dakotans approved Issue 5, which legalized the use of medical marijuana to treat defined debilitating medical conditions, such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy.

What is the status of recreational marijuana in the United States?

See also: Background

As of September 2024, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.

• In 13 states and D.C., the ballot initiative process was used to legalize marijuana.
• In two states, the legislature referred a measure to the ballot for voter approval.
• In nine states, bills to legalize marijuana were enacted into law.

In 2024, three states decided on marijuana legalization initiatives: Florida, North Dakota, and South Dakota.

Text of measure

Ballot title

The ballot title for the measure was as follows:

“

The initiated measure would create a new chapter of the North Dakota Century Code. It would allow for the production, processing, and sale of cannabis and the possession and use of various forms of cannabis by individuals who are 21 years of age and older; direct a state entity to regulate and register adult use cannabis production businesses, dispensaries, and their agents; provide protections for individuals who are 21 years of age or older who use cannabis; provide penalties for violations of the chapter; preserve certain employer rights regarding use of cannabis products by employees; supersede local ordinances that otherwise would prohibit the purchase, sale, use, delivery, or growing of cannabis by or to individuals 21 years of age or older; and provide that fees must be appropriated for administration of this chapter. The estimated fiscal impact of this measure includes revenues of $10,227,600, expenses of $8,324,275, and an undetermined amount of additional costs associated with behavioral health and social impacts for the 2025-2027 biennium. Yes – Means you approve the measure as summarized above. No – Means you reject the measure as summarized above.

”

Full text

The full text of the measure can be read below.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 12, and the FRE is 37. The word count for the ballot title is 177.

Measure design

Click on the arrows (▼) below to read more about the provisions of the initiative.

Marijuana use and possession: quantity limitations and home grow provisions

The initiative was designed to legalize marijuana and allow individuals to possess up to 1 ounce of marijuana flower, four grams of cannabinoid concentrate, 1,500mg of THC in the form of cannabinoid products, and 300mg of edibles.

Under the initiative, individuals would be allowed to possess up to three marijuana plants (up to six per household) kept in a locked space in a private residence and not visible from a public place.

Under the initiative, individuals could not be prohibited from owning, purchasing, or possessing a firearm once obtaining an adult-use marijuana registration card.

The smell of marijuana, the possession of marijuana, or the suspicion of possession of marijuana alone would not warrant a detention, search, or arrest unless there was evidence that the transport quantity limitations were exceeded or if to determine if an individual is driving under the influence.

Marijuana business licensing: rules governing the licensing of marijuana manufacturers and dispensaries

Under the measure, the Department of Health and Human Services could license up to seven cultivation facilities and 18 marijuana dispensaries. An individual or entity could not hold an interest in more than one manufacturing facility, four dispensaries, or more than one dispensary within 20 miles of another dispensary.

A marijuana business registration application fee would be no more than $5,000. Once approved for registration, a marijuana business would need to pay a certification fee of $90,000 for a dispensary and $110,000 for a manufacturing facility. The business would be required to give the department financial assurance or a security bond to ensure "protection of the public health and safety and the environment in the event of abandonment, default, or other inability or unwillingness to meet the requirements" of the initiative. Licensing and registration fees would be deposited in the existing Medical Marijuana Fund.

Department of Health and Human Services rules for program implementation: rules governing the implementation of adult-use marijuana

The measure was designed to require the Department of Health and Human Services, or another department or agency designated by the state legislature, to establish an adult-use marijuana program and regulate the production and distribution of adult-use marijuana by October 1, 2025.

The initiative was designed to require the department to develop the following regulations to implement the program:

• requirements for transporting, storing, advertising, packaging, labeling, and testing marijuana products;
• the establishment of other categories of allowable registered marijuana businesses including limited cultivation registrations, propagation registrations, and research or education facility registrations;
• the establishment of licensing processes, procedures, and forms for marijuana businesses;
• requirements for inventory and product tracking for manufacturing facilities and dispensaries;
• rules providing that dispensaries can not sell marijuana products in excess of the allowed amounts;
• the selection of a certified laboratory to conduct random sample quality testing of marijuana products;
• the creation of labeling standards listing THC and CBD amounts;
• the establishment of design and security features for marijuana product containers;
• procedures to prevent sales to underage individuals such as the use of an age verification scanner;
• a cardholder registration and verification system;
• rules providing that no adult-use dispensaries may be located within 1,000 feet from a school; and
• rules providing for department inspections of marijuana businesses to ensure compliance.

Limitations and legal penalties: personal use limitations and penalties for violating the initiative's provisions

The initiative would have set the following penalties for violating the personal use marijuana laws:

• a $250 fine for growing marijuana plants that are visible and recognizable from a public place or that are not kept in a locked space in a private residence;
• a $300 fine for the possession, production, or delivery of marijuana in quantities beyond what is allowed.

Consuming marijuana would be prohibited in the following places:

• in any public place whether indoor or outdoor, or on any form of public transportation;
• on the grounds of an adult-use marijuana business unless expressly allowed by the state legislature or a department rule;
• in a motor vehicle;
• on school grounds, school buses, or school property;
• on state or federal property;
• at correctional facilities; and
• at childcare facilities.

Support

New Economic Frontier led the campaign in support of the initiative. The initiative was filed by Burleigh County commissioner and former Bismarck mayor Steve Bakken (R).

Supporters

Officials

• State Rep. Matthew Ruby (R)
• Former Bismarck Mayor Steve Bakken (Nonpartisan)

Arguments

• New Economic Frontier: "North Dakota’s economy is poised for growth, and legalizing cannabis presents a unique opportunity to expand it further. As seen in other states, legalizing adult-use cannabis can fuel economic development by creating new jobs, stimulating tourism, and generating tax revenue. By embracing this growing industry, we can unlock new sources of income, foster entrepreneurship, and build a more resilient and prosperous economy for North Dakota. ... Arresting adults for minor cannabis offenses drains law enforcement resources and burdens our judicial system. By legalizing cannabis, we can redirect these valuable resources toward addressing more pressing public safety concerns, ensuring our communities are safer and our officers can focus on serious crimes."
• Former Mayor of Bismarck Steve Bakken (R): “A lot of what we don’t want to see is what’s going on in some of the other states, and we think that this is a measure that fits the conservative nature of North Dakota.”

Opposition

Opponents

Unions

• North Dakota Farmers Union

Organizations

• Association of General Contractors
• Brighter Future Alliance
• Chiefs of Police Association of North Dakota
• North Dakota Catholic Conference
• North Dakota Family Alliance
• North Dakota Hospital Association
• North Dakota Medical Association
• North Dakota Motor Carriers
• North Dakota Petroleum Council
• North Dakota Sheriffs Association

Arguments

• Patrick Finken of the Brighter Future Alliance: "The people of North Dakota soundly rejected the idea of recreational marijuana in 2018 and 2022, but here they are again."
• Tim Blasl, President of the North Dakota Hospital Association: "It is crucial that we prioritize the well-being of our communities and take a cautious approach to any policy changes that could increase the prevalence of substance use and its associated harms. Instead of legalizing marijuana, we should focus on prevention, education, and providing adequate resources for those who need help with substance use and mental health issues. We continue to experience an epidemic in terms of behavioral health issues in our communities and the health and safety of our community must come first."
• Dr. Stephanie Dahl, President of the North Dakota Medical Association: "Marijuana use is not without risk. Studies have shown that frequent use of marijuana is associated with the development of substance use disorders, impaired cognitive function, cancer, and mental health issues such as anxiety, psychosis, and depression. Marijuana legalization is also associated with more suicides, opioid use, and drug overdoses."
• Jason Ziegler, Mandan Chief of Police: "Don’t buy into the argument that legalization of recreational marijuana will free up law enforcement to focus on more serious crime. In fact, quite the opposite will happen. Legalization will lead to an increase in traffic accidents and fatalities. And the legalization of recreational marijuana will not eliminate the illegal sale of marijuana, causing law enforcement to focus their efforts on black-market sales and enforcing the public use ban in addition to the avalanche of other drug related crime inundating our state."
• Burleigh County Sheriff Kelly Leben: "The legalization of recreational marijuana will lead to increased adult use, access, and normalization of its use, but the increase will not be limited to adults only. States that have legalized recreational marijuana have also seen a dramatic increase in youth drug use compared to non-legalized states. The states that already have legalized marijuana are only now realizing the huge social costs associated with legalization."

Campaign finance

See also: Campaign finance requirements for North Dakota ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through January 31, 2025.

New Economic Frontier registered to support the initiative. The committee reported $519,558.50 in contributions.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$433,249.40	$86,309.10	$519,558.50	$474,344.02	$560,653.12
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$433,249.40	$86,309.10	$519,558.50	$474,344.02	$560,653.12

Support

The following table includes contribution and expenditure totals for the committee in support of Initiated Measure 5.

Committees in support of Initiated Measure 5
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
New Economic Frontier	$433,249.40	$86,309.10	$519,558.50	$474,344.02	$560,653.12
Total	$433,249.40	$86,309.10	$519,558.50	$474,344.02	$560,653.12

Donors

The five top donors to the support campaign, which contributed 99.95% of funds, were as follows:

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
GR Holding OH-ND, LLC	$261,050.00	$0.00	$261,050.00
Pure Dakota	$0.00	$86,309.10	$86,309.10
Pure Dakota Health of Bismarck	$75,000.00	$0.00	$75,000.00
Pure Dakota Health of Fargo	$75,000.00	$0.00	$75,000.00

Opposition

Ballotpedia has not identified a committee registered to oppose this measure.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: 2024 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

North Dakota Initiated Measure 5, Marijuana Legalization Initiative (2024)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

North Dakota News Cooperative, WPA Intelligence	09/28/2024-9/30/2024	500 RV	± 4.4%	45%	40%	15%
	Question: "An initiated measure that would legalize marijuana use, production and sales by anyone at least 21 years old."

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Marijuana on the ballot in North Dakota

2022

North Dakota voters rejected a marijuana legalization initiative in 2022 with 55% of voters opposed. The measure would have legalized the personal use of marijuana for adults 21 years of age and older and would have allowed individuals to possess up to one ounce of marijuana and grow up to three marijuana plants.

2018

In 2018, North Dakota voters rejected a marijuana legalization initiative, Measure 3, backed by Legalize ND. David Owen was the primary sponsor and campaign chairman for Measure 3, as well as the 2022 initiative, which was sponsored by New Approach North Dakota. Measure 3 was designed to legalize the recreational use of marijuana in North Dakota for people 21 years of age or older and create an automatic expungement process for individuals with convictions for a controlled substance that was legalized. Under the measure, individuals over the age of 21 could not have been prosecuted in any court for charges relating to any non-violent marijuana-related activity (such as growing, selling, distributing, and smoking) except distribution to someone under 21. The 2018 initiative was rejected by a vote of 59.45% against and 40.55% in favor.

2016

In 2016, North Dakotans approved Issue 5, which legalized the use of medical marijuana to treat defined debilitating medical conditions, such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy.

Recreational marijuana in the U.S.

See also: Marijuana laws and ballot measures in the United States

As of November 2024, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.

• In 13 states and D.C., the ballot initiative process was used to legalize marijuana.
• In two states, the legislature referred a measure to the ballot for voter approval.
• In nine states, bills to legalize marijuana were enacted into law.

See also

2024 measures

• 2024 ballot measures
• Marijuana on the ballot
• 2024 petition deadlines

North Dakota

• North Dakota ballot measures
• North Dakota initiative laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs

External links

• North Dakota Secretary of State: Ballot Measures
• Full text