North Dakota Medical Marijuana Legalization, Initiated Statutory Measure 5 (2016)
| North Dakota Measure 5 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Marijuana | |
Status Approved | |
| Type State statute | Origin Citizens |
The North Dakota Medical Marijuana Legalization Initiative, also known as Initiated Statutory Measure 5, was on the November 8, 2016, ballot in North Dakota as an initiated state statute. It was approved.
| A "yes" vote supported legalizing the use of medical marijuana to treat defined debilitating medical conditions, such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy, and developing certain procedures for regulating medical marijuana growing, dispensing, and usage. |
| A "no" vote opposed legalizing the use of medical marijuana to treat defined debilitating medical conditions, such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy, keeping the state's full prohibition of marijuana use. |
The North Dakota Constitution states that initiated measures that are approved by voters become law 30 days after the election. As such, Measure 5 went into effect December 8, 2016. The North Dakota Senate unanimously approved legislation that would delay the implementation of the measure on January 18, 2017. Specifically, the bill would keep the North Dakota Department of Health from issuing applications or licenses for medical marijuana dispensaries until July.[1]
Under the specifications of the measure, patients need identification cards listing specific criteria. The act was known as the "North Dakota Compassionate Care Act."[2]
A similar measure failed to reach the North Dakota ballot in 2012 after thousands of signatures were determined to be fraudulent.[3]
This election was one of Ballotpedia's top 10 state-level races in 2016. Click here to read the full list.
Election results
| Measure 5 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 216,042 | 63.79% | ||
| No | 122,615 | 36.21% | ||
- Election results from North Dakota Secretary of State
Initiative design
Qualified patients
Measure 5 was designed to allow medical marijuana treatment for patients with the following debilitating medical conditions:[2]
- Cancer and its treatments
- Human immunodeficiency virus (HIV)
- Acquired immune deficiency syndrome (AIDS)
- Decompensated cirrhosis (Hepatitis C)
- Amyotrophic lateral sclerosis (ALS or Lou Gehrig's disease)
- Post-tramautic stress disorder (PTSD)
- Agitation of Alzheimer’s disease, dementia, or the treatment of these conditions
- Crohn’s disease or Fibromyalgia
- Glaucoma
- Epilepsy
- Spinal stenosis or chronic back pain including neuropathy or damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
- Any other medical condition or its treatment added by the North Dakota Department of Health
- A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe debilitating pain that has not responded to previously prescribed medication or surgical measures for more than three months or for which other treatment options produced serious side effects; intractable nausea; seizures; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis
Patients may petition the North Dakota Department of Health to add to the list of qualifying medical conditions.
Identification cards
The measure was designed to require patients and designated caregivers to apply for registry identification cards in order to participate in the medical marijuana compassionate care program. The patient application would have to include certain documentation, a written certification from the applicant's physician, and an application fee.[2]
Designated caregivers would be responsible for treating one to five qualified patients, and can be qualified patients themselves. The designated caregiver application would have to include certain documentation verifying identity, written approval and contact information from qualified patient(s), and a criminal history screening/background check. An individual convicted of a felony offense would not be able to serve as a designated caregiver.[2]
Text of measure
Ballot language
The ballot language was as follows:[4][5]
| “ |
This initiated measure would add a new chapter to Title 19 of the North Dakota Century Code creating an Act which provides for the medical use of marijuana for defined medical conditions, such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy. To participate in the program, the Act would provide for identification cards and certificates of registration which would be issued by the Department of Health for patients, caregivers, and qualified facilities, if all requirements are met. The Act would create provisions for monitoring, inventorying, dispensing, cultivating and growing marijuana to be regulated and enforced by the Department of Health. A qualified patient could be dispensed up to three ounces of usable marijuana, and could grow marijuana if his or her home is located more than forty miles from the nearest registered facility. For violations, the Act would authorize the Department of Health to provide for corrective action, suspension, revocation, appeal, hearings, and referral for criminal prosecution. The Act would require the Department of Health to submit an annual report to the legislature regarding program statistics.[6] |
” |
Measure analysis
The measure analysis was as follows:[7]
| “ |
Initiated Statutory Measure No. 5 was placed on the ballot by petitions circulated by a sponsoring committee. If approved, this initiated measure would add a new chapter to Title 19 of the North Dakota Century Code creating an Act which provides for the medical use of marijuana for defined medical conditions, such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy. To participate in the program, the Act would provide for identification cards and certificates of registration which would be issued by the Department of Health for patients, caregivers, and qualified facilities, if all requirements are met. The Act would create provisions for monitoring, inventorying, dispensing, cultivating and growing marijuana to be regulated and enforced by the Department of Health. A qualified patient could be dispensed up to three ounces of usable marijuana, and could grow marijuana if his or her home is located more than forty miles from the nearest registered facility. For violations, the Act would authorize the Department of Health to provide for corrective action, suspension, revocation, appeal, hearings, and referral for criminal prosecution. The Act would require the Department of Health to submit an annual report to the legislature regarding program statistics. Voting “YES” means you approve the measure as summarized above. Voting “NO” means you reject the measure as summarized above.[6] |
” |
Estimated fiscal impact statement
The fiscal impact was as follows:[8]
| “ |
The fiscal note prepared by the State Department of Health states the fiscal impact of the statutory measure would total $12.6 million in additional expenditures and $6 million in revenue through June 30, 2019. The fiscal impact to the department would be an estimated $7.4 million in expenditures and $4.8 million in revenue for the 2017-19 biennium. The department estimates, if implemented in December 2016, expenditures of up to $2.4 million, including $1.4 million of one-time costs, and revenues of $1.2 million during the 2015-17 biennium for an impact of $9.8 million in expenditures and $6 million in revenue to the department through June 30, 2019. The fiscal note also stated the fiscal impact to the Attorney General would total $2.8 million in additional expenditures during the 2017-19 biennium.[6] |
” |
Full text
The full text of the measure can be found here.
Support
Initiated Statutory Measure 5 was sponsored by North Dakotans for Compassionate Care. The following is a list of committee members:[9][2]
- Rilie Ray Morgan, chairperson
- Patricia J. Wilhelm
- Bill Wilhelm
- Martin J. Riske
- Anita P. Morgan
- Sandra L. Banish
- Sandra C. Wallner
- Tracy Vearrier
- Gerald A. Novacek
- Cari Oye
- John Dean Morgan
- John Strand
- Richard A. Gartner
- Barbara Kay Bue
- Larry Grinaker
- Maxine Schmidt
- Victoria Aasand
- Ernest Hoffert
- Scott Anderson
- Stanley Hoglund
- Robert L. Labonte
- Mary L Rennich
- Kory Bjerke
- Gary Skeim
- Richard Stenerson
- Don Hutson
- Greg W. Anderson
Arguments in favor
Rilie Ray Morgan, sponsor of the initiative, said:[10]
| “ | Even though we are a conservative state, I think most of the voters in this state would view this as an alternative to prescription drugs that we know are harmful.[6] | ” |
Opposition
Opponents
- North Dakota Medical Association[11]
Arguments
The North Dakota Medical Association said the following in opposition to Measure 5:[11]
| “ |
The North Dakota Medical Association opposed medical marijuana in the 2015 legislative session and our opposition continues today. The proposed petition would be very difficult to implement in a safe and cost-effective manner. Furthermore, medical marijuana has not been tested or vetted through the Federal Drug Administration's protocols; all other pharmaceuticals are required to pass this process before consumption. Therefore, dosage, side effects, and contraindications of medical marijuana are not fully known. As an organization that holds evidence-based medicine in the highest regard, the North Dakota Medical Association cannot endorse medical marijuana.[6] |
” |
Campaign finance
| Total campaign contributions: | |
| Support: | $32,245.98 |
| Opposition: | $0.00 |
Three campaign committees registered in support of Measure 5, while none registered in opposition. The contribution and expenditure totals below were current as of February 6, 2017.[12][13][14]
Support
| PAC | Amount raised | Amount spent |
|---|---|---|
| ND Compassionate Care 2016 | $30,434.35 | $17,702.12 |
| North Dakota Compassionate Care 2016 | $1,811.63 | $867.26 |
| North Dakotans for Medical Marijuana | $0.00 | $0.00 |
| Total | $32,245.98 | $18,569.38 |
The following were the top donors in support of Measure 5 as of February 6, 2017:
| Donor | Amount |
|---|---|
| Drug Policy Action | $15,000.00 |
| Marijuana Policy Project | $7,659.84 |
| Anita Morgan/AB Advertizing | $6,153.84 |
| Privateer Holdings | $970.70 |
| Craig Russell | $407.52 |
Background
Other 2016 measures
Another marijuana-related measure, the Legalization of Marijuana Initiative, was submitted for the 2016 ballot. The measure would have legalized recreational marijuana, and although it was not certified for the 2016 ballot, its circulation status did not expire, so supporters could potentially qualify it for the 2018 ballot.
Marijuana legislation
During the 2015 legislative session, the North Dakota House of Representatives defeated two bills that would have legalized medical marijuana. In February, a measure that would have added the legalization of medical marijuana to state statutes and provided for the regulation of the medical marijuana program and penalties for violations was defeated in a 67-26 house vote. A second bill that would have directed the Legislative Management to study the legalization of medical marijuana for individuals with serious medical conditions was defeated in a house vote of 61-32.[15][16][17]
Medical marijuana
As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.[18] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal.[19] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.
Unique instances
Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [20]
South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section.[21] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.[22]
After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.[23] Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.[22]
On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.[24]
History of marijuana on the ballot
Polls
A poll conducted in 2014 by the University of North Dakota College of Business and Public Administration found that 47 percent of respondents supported the legalization of medical marijuana, while 41 percent were opposed, and 9 percent were neutral to the legalization of medical marijuana. The poll surveyed 505 North Dakotans who indicated they were likely to vote and had a margin of error of 5 percent.[25]
While this poll is related to the general issue of medical marijuana in North Dakota, as of August 2016, Ballotpedia has not found polls specific to this initiative. If you know of a poll that should be posted here, please email editor@ballotpedia.org.
Reports and analyses
Secretary of state analysis
The North Dakota Secretary of State's analysis of Measure 5 was as follows:[26]
| “ |
Initiated Statutory Measure No. 5 was placed on the ballot by petitions circulated by a sponsoring committee. If approved, this initiated measure would add a new chapter to Title 19 of the North Dakota Century Code creating an Act which provides for the medical use of marijuana for defined medical conditions, such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy. To participate in the program, the Act would provide for identification cards and certificates of registration which would be issued by the Department of Health for patients, caregivers, and qualified facilities, if all requirements are met. The Act would create provisions for monitoring, inventorying, dispensing, cultivating and growing marijuana to be regulated and enforced by the Department of Health. A qualified patient could be dispensed up to three ounces of usable marijuana, and could grow marijuana if his or her home is located more than forty miles from the nearest registered facility. For violations, the Act would authorize the Department of Health to provide for corrective action, suspension, revocation, appeal, hearings, and referral for criminal prosecution. The Act would require the Department of Health to submit an annual report to the legislature regarding program statistics.[6] |
” |
Path to the ballot
The petition was submitted on November 2, 2015, and issued a petition title on November 12, 2015. It was approved for circulation on November 30, 2015. To qualify the measure for the 2016 general election, supporters had to collect 13,452 valid signatures by July 11, 2016.[27] Initiated Statutory Measure 5 qualified for the ballot on August 10, 2016.[28]
Cost of signature collection:
Ballotpedia found no petition companies that received payment from the sponsors of this measure, which means signatures were likely gathered largely by volunteers. A total of $0 was spent to collect the 13,452 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.[13]
Recent news
The link below is to the most recent stories in a Google news search for the terms North Dakota medical marijuana legalization Initiative. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
State profile
| Demographic data for North Dakota | ||
|---|---|---|
| North Dakota | U.S. | |
| Total population: | 756,835 | 316,515,021 |
| Land area (sq mi): | 69,001 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 88.7% | 73.6% |
| Black/African American: | 1.6% | 12.6% |
| Asian: | 1.2% | 5.1% |
| Native American: | 5.3% | 0.8% |
| Pacific Islander: | 0% | 0.2% |
| Two or more: | 2.2% | 3% |
| Hispanic/Latino: | 2.9% | 17.1% |
| Education | ||
| High school graduation rate: | 91.7% | 86.7% |
| College graduation rate: | 27.7% | 29.8% |
| Income | ||
| Median household income: | $57,181 | $53,889 |
| Persons below poverty level: | 12.2% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in North Dakota. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
North Dakota voted Republican in all six presidential elections between 2000 and 2020.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in North Dakota, accounting for 1.94 percent of the total pivot counties.[29]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. North Dakota had three Retained Pivot Counties, 1.66 percent of all Retained Pivot Counties.
More North Dakota coverage on Ballotpedia
- Elections in North Dakota
- United States congressional delegations from North Dakota
- Public policy in North Dakota
- Influencers in North Dakota
- North Dakota fact checks
- More...
Related measures
- See also: History of marijuana on the ballot and Marijuana on the ballot
The first attempt to legalize marijuana through the initiative process came in 1972, when California activists got an initiative certified for the ballot. The measure was defeated. Marijuana legalization advocates had their breakthrough election in 2012, when both Washington and Colorado legalized recreational marijuana. Oregonians rejected a legalization measure that same year, but approved one two years later in 2014. As of the beginning of 2016, recreational marijuana had been legalized in four states and Washington, D.C. All legalizations came through the initiative process. As of the beginning of 2016, medical marijuana was legal in 25 states.[30]
More than 60 statewide marijuana-related initiatives were submitted for the 2016 ballot. The table below shows the marijuana-related measures that qualified for the 2016 election ballot:
| Marijuana measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| Florida | Florida Medical Marijuana Legalization, Amendment 2
|
| California | California Proposition 64, California Marijuana Legalization
|
| Arkansas | Arkansas Medical Marijuana, Issue 6
|
| Arizona | Arizona Marijuana Legalization, Proposition 205  |
The following table includes past initiative attempts in the United States to legalize marijuana:
See also
- North Dakota 2016 ballot measures
- 2016 ballot measures
- North Dakota Legislature
- List of North Dakota ballot measures
External links
Support
- North Dakotans for Compassionate Care website
- North Dakotans for Compassionate Care 2016 Facebook
- ND for Medical Cannabis community Facebook
- North Dakotans for Compassionate Care 2016 Twitter
Footnotes
- ↑ The Daily Chronic, "North Dakota Senate Unanimously Approves Medical Marijuana Delay," January 18, 2017
- ↑ 2.0 2.1 2.2 2.3 2.4 North Dakota Secretary of State, "Initiative Petition," accessed December 16, 2015
- ↑ The Bismarck Tribune, "Medical marijuana petition rejected," October 27, 2015
- ↑ North Dakota Secretary of State, "Official Ballot Language for Measures Appearing on the Election Ballot," accessed November 4, 2016
- ↑ North Dakota Secretary of State, "Official Ballot Language for Measures Appearing on the Election Ballot November 8, 2016
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ North Dakota Secretary of State, "Analyses of Statewide Measures," accessed November 4, 2016
- ↑ North Dakota Legislative Council, "Report of the North Dakota Legislative Council," September 29, 2016
- ↑ Wahpeton Daily News, "Medical marijuana petitioners in Wahpeton," May 5, 2016
- ↑ Inforum, "North Dakota medical marijuana supporters to submit petition Tuesday for ballot measure," October 26, 2015
- ↑ 11.0 11.1 North Dakota Medical Association, "2016 Ballot Measures," accessed August 29, 2016
- ↑ North Dakota Secretary of State - Campaign Finance Online, "ND Compassionate Care 2016 finance report," accessed September 14, 2016
- ↑ 13.0 13.1 North Dakota Secretary of State - Campaign Finance Online, "North Dakota Compassionate Care 2016 finance report," accessed September 14, 2016
- ↑ North Dakota Secretary of State - Campaign Finance Online, "North Dakotans for Medical Marijuana," accessed October 19, 2016
- ↑ Bismarck Tribune, "Medical marijuana measure approved for November ballot," August 11, 2016
- ↑ North Dakota Legislative Branch, "HB 1430," accessed August 29, 2016
- ↑ North Dakota Legislative Branch, "HCR 3059," accessed August 29, 2016
- ↑ This count excludes states that permitted both the use of cannabis oil and medical marijuana.
- ↑ CBD School, "CBD Laws by State 2020 - Just the Facts (is CBD legal in 2020?)," accessed February 28, 2020
- ↑ Idaho Office of Drug Policy, "Cannabidiol (CBD)," accessed February 28, 2020
- ↑ South Dakota Legislature official website, "2019 Senate Bill 22 - Enrolled," accessed February 28, 2020
- ↑ 22.0 22.1 Argus Leader, "Is CBD oil illegal? Confusion reigns over South Dakota's law," April 19, 2019
- ↑ South Dakota Attorney General official website, "Attorney General Ravnsborg clarifies questions regarding industrial hemp and CBD (Cannabidiol) oil," March 25, 2019
- ↑ Argus Leader, "Industrial hemp becomes legal in South Dakota after Noem signs bill," March 27, 2020
- ↑ Bismarck Tribune, "Poll: N.D. accepts medical marijuana, not recreational," October 17, 2014
- ↑ North Dakota Secretary of State, "Analyses of the Statewide Measures Appearing on the Election Ballot November 8, 2016," accessed October 3, 2016
- ↑ North Dakota Secretary of State, "Timeline," accessed December 22, 2015
- ↑ Minot Daily News, "Marijuana legalization makes November ballot," August 10, 2016
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
- ↑ ProCon.org, "25 Legal Medical Marijuana States and DC," June 28, 2016
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