This initiated statutory measure would amend Chapter 19-03.1 to remove hashish, marijuana, and tetrahydrocannabinols from the list of Schedule I hallucinogenic controlled substances set forth in the Uniform Controlled Substances Act. The measure would decriminalize the possession of marijuana by an individual 21 years of age or older and provide for the same penalty as the penalty associated with a minor in possession of alcohol, for the possession of marijuana by an individual under the age of 21. The measure would provide the penalty for the distribution of marijuana to an individual under the age of 21 would be the same penalty as if an individual sold alcohol to a minor. The measure would require that any individual who has an illegitimate drug conviction have the individual's records expunged and sealed by the court automatically. The measure would require the state to pay all legal expenses for both parties and would authorize an individual to sue the state for damages caused by a failure to properly expunge records. The measure would create Chapter 66-01 to provide a definition for marijuana and marijuana paraphernalia and a general repeal of any conflicting language in Century Code.
This initiated measure would amend the North Dakota Century Code by removing hashish, marijuana, and tetrahydrocannabinols from the list of schedule I controlled substances in section 19-03.1-05. It would create chapter 66-01, which would define the terms marijuana and marijuana paraphernalia and prohibit prosecution of any person over the age of 21 for any non-violent marijuana related activity (including growing, manufacturing, distributing, selling, or testing marijuana) or drug paraphernalia relating to any non- violent marijuana activity, except for the sale of marijuana to a person under the age of 21. Any language in the North Dakota Century Code that conflicts with chapter 66-01, including the prohibitions on prosecution, is nullified and repealed. The measure also would add penalties for individuals under the age of twenty-one in possession of, or attempting to distribute, marijuana; and provide penalties for individuals who distribute marijuana to anyone under the age of twenty-one. It would amend the definition of drug paraphernalia in section 19-03.4-01 to apply only to non-marijuana controlled substances. It would amend section 25-03.1-45 to require the automatic expungement of the record of an individual who has a drug conviction for a controlled substance that has been legalized; create an appeals process for an individual who believes the state did not expunge a record properly; and eliminate the state's sovereign immunity for damages resulting from expungement lawsuits.
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