North Dakota Statutory Measure 2, Marijuana Legalization Initiative (2022)

North Dakota Statutory Measure 2
Election date November 8, 2022
Topic Marijuana
Status d Defeated
Type State statute	Origin Citizens

North Dakota Statutory Measure 2, the Marijuana Legalization Initiative, was on the ballot in North Dakota as an initiated state statute on November 8, 2022. The measure was defeated.

A "yes" vote supported legalizing the use and possession of up to one ounce of marijuana for adults 21 years old and older, allowing individuals to grow up to three marijuana plants, and requiring the Department of Health and Human Services to establish rules regulating adult use marijuana by October 1, 2023.

A "no" vote opposed legalizing marijuana for personal use by adults in North Dakota.

Election results

North Dakota Statutory Measure 2
Result		Votes	Percentage
Yes		107,608	45.06%
No		131,192	54.94%

Results are officially certified.

Source

Overview

What would Statutory Measure 2 have done?

See also: Measure design

Statutory Measure 2 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. 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, 2023. Under the measure, the department could have licensed seven cultivation facilities and 18 marijuana retailers.

Has North Dakota voted on marijuana legalization in the past?

See also: North Dakota marijuana legalization initiative, 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.

David Owen said, "The biggest difference between now and Measure 3 of 2018, ... is this is restricted, regulated, controlled, legal marijuana."

Who was behind the campaigns surrounding Statutory Measure 2?

See also: Support, Opposition, and Campaign finance

New Approach North Dakota Ballot Measure Committee registered to support the initiative. According to campaign finance reports covering information through September 9, the committee had raised $549,321 and had spent $313,411 in expenditures. Top donors included New Approach Advocacy Fund; GR Holdings OH-ND, LLC; Pure Dakota, LLC; and Marijuana Policy Project.

Healthy and Productive North Dakota. The committee reported $4,174 in in-kind contributions from Protect Our Kids.

What was the status of recreational marijuana in the United States in 2022?

See also: Background

Going into the election, 19 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.

• In 11 states and D.C., the ballot initiative process was used to legalize marijuana.
• In one state, the legislature referred a measure to the ballot for voter approval.
• In seven states, bills to legalize marijuana were enacted into law.

Marijuana legalization measures were on the 2022 ballot in Arkansas, Maryland, Missouri, North Dakota, and South Dakota. The measures were approved in Maryland and Missouri and were defeated in Arkansas, North Dakota, and South Dakota.

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 the personal use, possession, cultivation, transport, and distribution of marijuana for adults 21 years old and older. Individuals would have been allowed to purchase, possess, transport, and distribute up to one ounce (28.35 grams) of marijuana, four grams of marijuana in a concentrated form, and 500 milligrams of marijuana in infused products.

Under the initiative, individuals would have been allowed to possess up to three marijuana plants kept in a locked space in a private residence and not visible from a public place.

Under the initiative, individuals could not have been 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 have warranted a detention, search, or arrest unless there was evidence that the quantity limitations were exceeded.

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

Under the measure, the Department of Health and Human Services would have been able to license up to seven cultivation facilities and 18 marijuana dispensaries. An individual or entity would not have been able to 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 could have been no more than $5,000. Once approved for registration, a marijuana business would have needed to pay a certification fee of $90,000 for a dispensary and $100,000 for a manufacturing facility. The business would have been 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 have been deposited in the Adult-Use Cannabis Fund and would have been used to administer the adult-use program.

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, 2023.

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 have been 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.

Text of measure

Ballot title

The ballot title was as follows:

“

Initiated Statutory Measure No. 2 This initiated measure would create a new chapter of the North Dakota Century Code. It would legalize 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 or older, within limitations as to location; direct a state entity to regulate and register businesses that produce or dispense cannabis for use by individuals aged 21 years or older, and the businesses’ agents; permit an individual aged 21 years or older to possess a limited amount of cannabis product; provide protections, limitations, penalties, and employer rights relating to use of cannabis products; and specify that fees are to be appropriated for administration of the chapter. The estimated fiscal impact of this measure beginning in 2023 through the 2025-2027 Biennium is Revenue of $3,145,000 and Expenses of $4,985,000. YES – means you approve the measure summarized above. NO – means you reject the measure summarized above.

”

Full text

The full text of the ballot measure is below:

Readability score

See also: Ballot measure readability scores, 2022

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 153.

Support

New Approach North Dakota sponsored the initiative.

Supporters

Officials

• State Rep. Matthew Ruby (R)

Organizations

• Edjon Data Service
• GR Holdings OH-ND, LLC
• MRT Manufacturing LLC
• Marijuana Policy Project
• New Approach Advocacy Fund
• Pure Dakota, LLC
• Strive Life Grand Forks

Arguments

• David Owen, campaign manager of New Approach North Dakota and former chairman of the committee that sponsored a marijuana legalization initiative that was rejected by voters in 2018: "So, the biggest difference between now and Measure 3 of 2018, and that’s the one I want to talk about because that’s the one people are familiar with, is this is restricted, regulated, controlled, legal marijuana. This is a marijuana program that is very, very similar to the one that passed the North Dakota State House."
• New Approach North Dakota campaign treasurer Mark Friese, a criminal defense attorney and former police officer: "North Dakota’s policy of punishing adults who use cannabis is the wrong approach. No one’s life should be derailed over a small amount of marijuana. Our ballot measure is thoughtful and well-crafted, and I’m confident voters will approve it this November."
• State Rep. Matthew Ruby (R-40): "[The measure would] remove barriers for North Dakota veterans and other people with health conditions who need access to cannabis for therapeutic reasons. It will also create good jobs and new economic opportunities for farmers in our state. With reasonable controls and regulations in place, this measure represents a responsible approach to legalization. Our neighbors in Montana are demonstrating that cannabis legalization can work successfully. Now it’s our turn to move forward."

Opposition

Smart Approaches to Marijuana (SAM) (Healthy and Productive North Dakota) led the campaign in opposition to the measure.

Opponents

Organizations

• Chiefs of Police Association of North Dakota
• Greater North Dakota Chamber
• Lignite Energy Council
• North Dakota Catholic Council
• North Dakota Medical Association
• North Dakota Peace Officers Association
• North Dakota Petroleum Council
• North Dakota Sheriff’s and Deputies Association

Arguments

• Smart Approaches to Marijuana (SAM): "We believe that the health, safety and economic harms of recreational marijuana legalization far outweigh the perceived social benefits. We are medical doctors, employers, treatment providers, drug prevention professionals, business owners, employees, law enforcement officers, and parents. Healthy and Productive North Dakota believes that ND communities should not be victims of the commercialization and normalization of marijuana."
• Healthy and Productive North Dakota Chair Kristie Spooner: “Marijuana use is not safe, like proponents want you to believe. Marijuana can cause psychosis and a host of other mental health issues. We already have a mental health crisis in North Dakota, we don’t need to add to it.”
• North Dakota Farm Bureau President Daryl Lies: “Our concerns are based on the unintended consequences for farmers, ranchers, employers and rural communities. Workplace safety and accountability are a huge concern for NDFB. If passed, the measure will compound North Dakota’s workforce shortage, particularly if an employer requires applicants to pass a drug test. We believe the unintended consequences for business owners would be crippling.”
• Mandan Police Chief Jason Ziegler: “Don’t buy into the argument that legalization of recreational marijuana will free up law enforcement to focus on more serious crime. If that were true, why would law enforcement associations come out opposed to this measure? The many states that already have legalized marijuana are only now realizing the huge social cost. North Dakota voters can put a stop to this by voting no.”
• Mark Jorritsma of North Dakota Family Alliance: "I could go into a long litany of the harmful effects of recreational marijuana. It is addictive and has adverse effects on mental health and intelligence. Driving while acutely intoxicated with marijuana greatly increases the risk of fatal motor vehicle collisions, and states with legal use of recreational marijuana have seen substantial increases in marijuana related DUIs. The lack of reliable testing methods is a direct threat to workplace safety."

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

• Forum Communications Co (InForum) Editorial Board: "The nation has bigger concerns than worrying about marijuana use. Overdose deaths — mostly from opioids — numbered more than 150 last year in North Dakota. Meth continues to make its way into the state. Let’s focus on those crimes, and let marijuana users consume that product in peace — albeit a peace that is regulated, taxed and well planned."

Opposition

Submit links to editor@ballotpedia.org.

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 December 31, 2022.

New Approach North Dakota Ballot Measure Committee registered to support the initiative. The committee reported $615,777.48 in contributions $450,174.71 in expenditures. Top donors included New Approach Advocacy Fund; GR Holdings OH-ND, LLC; Pure Dakota, LLC; and Marijuana Policy Project.

Healthy and Productive North Dakota The committee reported $4,174 in in-kind contributions from Protect Our Kids.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$482,640.12	$133,137.36	$615,777.48	$450,174.71	$583,312.07
Oppose	$0.00	$4,174.00	$4,174.00	$0.00	$4,174.00

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Statutory Measure 2
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
New Approach North Dakota Ballot Measure Committee	$482,640.12	$133,137.36	$615,777.48	$450,174.71	$583,312.07
Total	$482,640.12	$133,137.36	$615,777.48	$450,174.71	$583,312.07

Donors

The following were the top donors who contributed to the support committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
New Approach Advocacy Fund	$257,630.75	$81,839.22	$339,469.97
GR Holdings OH-ND, LLC	$97,500.00	$0.00	$97,500.00
Pure Dakota, LLC	$78,000.00	$0.00	$78,000.00
Marijuana Policy Project	$0.00	$71,059.82	$71,059.82
Strive Life Grand Forks	$17,500.00	$0.00	$17,500.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the measure.

Committees in opposition to Statutory Measure 2
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Healthy and Productive North Dakota	$0.00	$4,174.00	$4,174.00	$0.00	$4,174.00
Total	$0.00	$4,174.00	$4,174.00	$0.00	$4,174.00

Donors

The following was the single donor that contributed to the opposition committee.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Protect Our Kids	$0.00	$4,174.00	$4,174.00

Methodology

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

Background

North Dakota marijuana legalization initiative, 2018

See also: North Dakota Measure 3, Marijuana Legalization and Automatic Expungement Initiative (2018)

Measure 3, on the 2018 ballot, was designed to do the following:

• legalize the recreational use of marijuana in the state of North Dakota for people 21 years of age or older;
• create penalties for the possession or distribution to or by any individuals under 21 years of age;
• create an automatic expungement process for individuals with convictions for a controlled substance that has been legalized; and
• eliminate the state of North Dakota's immunity from damages resulting from expungement lawsuits.

It was rejected by a vote of 59.45% to 40.55%.

Attempt to pass marijuana legalization in the state legislature, 2021

A bill to legalize marijuana was introduced by State Representative Jason Dockter (R) in the 2021 state legislative session. The North Dakota House of Representatives passed House Bill 1420 on February 23, 2021, in a vote of 56-38. Of the 14 House Democrats, all voted in favor. Of the 80 House Republicans, 42 voted in favor and 38 voted against. The bill was defeated in the North Dakota State Senate on March 25, 2021, in a vote of 10-37. Of the seven Senate Democrats, three voted in favor and four voted against. Of the 40 Senate Republicans, seven voted in favor and 33 voted against.

Recreational marijuana in the U.S.

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

As of June 2022, 19 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.

• In 11 states and D.C., the ballot initiative process was used to legalize marijuana.
• In one state, the legislature referred a measure to the ballot for voter approval.
• In seven states, bills to legalize marijuana were enacted into law.

The following table provides information about when and how recreational marijuana became legal.

Timeline and process of recreational marijuana legalization
State	Year legalized	Process used	Votes on ballot measures
			For	Against
Colorado	2012	Initiative	55.32%	45.68%
Washington	2012	Initiative	55.70%	44.30%
Alaska	2014	Initiative	53.23%	46.77%
Oregon	2014	Initiative	56.11%	43.89%
Washington, D.C.	2014	Initiative	70.06%	29.94%
California	2016	Initiative	57.13%	42.87%
Maine	2016	Initiative	50.26%	49.74%
Massachusetts	2016	Initiative	53.66%	46.34%
Nevada	2016	Initiative	54.47%	45.53%
Michigan	2018	Initiative	55.89%	44.11%
Vermont	2018	Legislation	N/A	N/A
Illinois	2019	Legislation	N/A	N/A
Arizona	2020	Initiative	60.03%	39.97%
Montana	2020	Initiative	56.90%	43.10%
New Jersey	2020	Referral	67.08%	32.92%
New York	2021	Legislation	N/A	N/A
Virginia	2021	Legislation	N/A	N/A
New Mexico	2021	Legislation	N/A	N/A
Connecticut	2021	Legislation	N/A	N/A
Rhode Island	2022	Legislation	N/A	N/A

Comparison of ballot measures to legalize recreational marijuana

The following table compares a selection of ballot measure provisions, such as possession limits, local control, taxes, and revenue dedications.

Click "Show" to expand the table.

Comparison of marijuana ballot measure provisions, 2012-2023
Measure	Possession limits	Homegrown plants	Local control	State taxes	Revenue
Marijuana legalization ballot measures that were approved, 2012-2023
Ohio Issue 2 (2023)	• 2.5 ounces of marijuana and up to 15 grams of marijuana concentrates	• Six marijuana plants per individual or 12 plants per household	• A municipality cannot limit research on marijuana, levy a tax or fee on marijuana businesses, prohibit home growing of marijuana, or limit anything authorized by the initiative. A municipality can adopt an ordinance or resolution by a majority vote to prohibit or limit the number of cannabis operators in the territory. If such an ordinance or resolution is adopted, a dispensary needs to cease operations within 60 days. A dispensary can file a petition with the board of elections within the 60-day timeframe to request a public vote on whether or not the dispensary should remain open.	• 10% sales tax	• 36% to the cannabis social equity and jobs fund to fund the implementation of the program; 36% to the host community cannabis fund to provide funds to jurisdictions with adult-use dispensaries based on the percentage of adult-use tax attributable to each municipality or township; 25% to the substance abuse and addiction fund to fund the department of mental health and addiction services in alleviating substance and opiate abuse and supporting related research; and 3% to the division of cannabis control and tax commissioner fund to fund operations of the division of cannabis control.
Maryland Question 4 (2022)	• Not specified	• Not specified	• Not specified	• Not specified	• Not specified
Missouri Amendment 3 (2022)	• 3 ounces of marijuana	• Grow up to six flowering plants, six nonflowering plants, and six clones, if the person is registered to cultivate marijuana plants	• Local government may prohibit operation of all marijuana facilities located within its jurisdiction • Local government may enact ordinances governing time, place, and manner of operations of marijuana facilities, as well as the public smoking and consumption of marijuana products	• 6% tax on retail price of recreational marijuana • Governing body of any local government may impose an additional sales tax to retail sales of marijuana that cannot exceed 3%	• Veterans, Health, and Community Reinvestment Fund
Arizona Proposition 207 (2020)	• 1 ounce of marijuana • 5 grams (0.18 ounces) of marijuana concentrate	• Grow up to 6 marijuana plants	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	• 16% excise sales tax	• community college districts • police and fire departments and fire districts • highways • new criminal justice fund (restorative programs, mentoring, and behavioral health)
Montana I-190 (2020)	• 1 ounce of marijuana	• Individuals could grow up to four marijuana plants and four seedling in a private residence in a locked space	• A local government is not allowed to completely ban marijuana cultivators, testing facilities, wholesalers, or retail stores from operating in its limits; cannot prohibit the transportation of marijuana on public roads in its jurisdiction by those who are licensed to do so; allowed to pass ordinances to regulate an adult-use provider or adult-use marijuana-infused products that operate in its jurisdiction	• 20% sales tax	• After the tax revenue is used by the Department of Revenue to cover costs associated with implementing the initiative, 10.5% of the remaining revenue would be appropriated to the state's general fund, and the remainder would be appropriated to conservation programs, substance abuse treatment, veterans’ services, healthcare costs, and localities where marijuana is sold
New Jersey Amendment (2020)	• Not specified	• Not specified	• Not specified	• Subject to state sales tax • Prohibits additional state sales taxes on marijuana	• Not specified
Michigan Proposal 1 (2018)	• 2.5 ounces of marijuana • 0.5 ounces of marijuana concentrate	•Grow up to 12 marijuana plants	•Municipalities allowed to ban or limit marijuana establishments within their boundaries	•10% excise sales tax	•local governments •K-12 education •road and bridge maintenance
California Proposition 64 (2016)	• 1 ounce of marijuana • 0.3 ounces of marijuana concentrate	•Grow up to 6 marijuana plants	•Municipalities allowed to ban or limit marijuana establishments within their boundaries	•15% excise sales tax •$9.25/ounce cultivation tax for flowers •$2.75/ounce cultivation tax for leaves	•youth drug education, prevention, and treatment •prevent and fix environmental damage from illegal marijuana producers •marijuana DUI prevention and negative health effects programs
Nevada Question 2 (2016)	• 1 ounce of marijuana • 0.125 ounces of marijuana concentrate	•Grow up to 6 marijuana plants	•Permits local ballot measures pertaining to zoning and land use for marijuana establishments	•15% excise sales	•K-12 education
Maine Question 1 (2016)	• 2.5 ounces of marijuana and/or marijuana concentrate	• Grow up to 6 marijuana plants	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	• 10% excise sales tax •The legislature added a $20.94/ounce cultivation tax on flowers and mature plants; $5.88/ounce cultivation tax on marijuana trim; $1.50 tax per immature plant; $0.30 tax per immature plant	•General Fund (legislature added public health programs and law enforcement programs)
Massachusetts Question 4 (2016)	• 10 ounces of marijuana in one's home • 1 ounce of marijuana in public • 0.2 ounces of marijuana concentrate	• Grow up to 6 marijuana plants	• Municipalities allowed to limit number of establishments and restrict the time, place, and manner of their operation • Permits local ballot measures to ban or limit marijuana establishments within their boundaries	• 3.75% excise sales tax (legislature increased to 10.75%)	• General Fund
Alaska Measure 2 (2014)	• 1 ounce of marijuana	• Grow up to 6 marijuana plants	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	• $50/ounce cultivation tax	• General Fund
Oregon Measure 91 (2014)	• 8 ounces of marijuana in one's home • 1 ounce of marijuana in public • 1 ounce of marijuana concentrate	• Grow up to 4 marijuana plants	• Permits local ballot measures to ban or limit marijuana establishments	• 17% excise sales tax (legislature added the excise sales tax) • $35/ounce producer tax for flowers • $10/ounce producer tax for leaves	• K-12 education • drug prevention and treatment • state police • local law enforcement
Colorado Amendment 64 (2012)	• 1 ounce of marijuana • 1 ounce of marijuana concentrate	• Grow up to 6 marijuana plants	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	•Required the state legislature to enact taxes •In 2013, the legislature's Proposition AA enacted a 15% excise tax on unprocessed retail marijuana and 10% (increased to 15% in 2017) sales tax on retail sales	• K-12 public education • Proposition AA added allocations for local governments, healthcare, substance abuse prevention and treatment, and law enforcement
Washington Initiative 502 (2012)	• 1 ounce of marijuana • 0.25 ounce of marijuana concentrate	• Illegal	• Municipalities allowed to ban or limit marijuana establishments within their boundaries	•25% excise sales tax (legislature increased the tax to 37%)	• research • drug prevention, public health education • healthcare • dropout prevention, intervention • General Fund

Political context of recreational marijuana ballot measures

The following table summarizes the political context surrounding recreational marijuana ballot measures, including whether the state's presidential voting history in the preceding three elections was Democratic, mixed, or Republican.

• Among states with Democratic presidential voting histories, eight marijuana legalization ballot measures were approved and one was defeated.
• Among states with Republican presidential voting histories, four marijuana legalization ballot measures were approved and six were defeated.
• Among states with mixed presidential voting histories, three marijuana legalization ballot measures were approved and one was defeated.

Partisan control of the 15 states approving marijuana legalization measures was Democratic in four states, divided in five states, and Republican in six states. Partisan control of the eight states rejecting marijuana legalization measures was Democratic in one state, mixed in one state, and Republican in six states.

Click "Show" to expand the table.

Political context surrounding recreational marijuana ballot measures since 2010
State	Measure	Year	Status	Presidential voting history	State partisan control at time of vote
California	Proposition 19	2010	d	Democratic (Gore-Kerry-Obama)	Democratic
Colorado	Amendment 64	2012	a	Mixed (Bush-Obama-Obama)	Divided
Washington	Initiative 502	2012	a	Democratic (Kerry-Obama-Obama)	Democratic
Alaska	Measure 2	2014	a	Republican (Bush-McCain-Romney)	Republican
Oregon	Measure 91	2014	a	Democratic (Kerry-Obama-Obama)	Democratic
Ohio	Issue 3	2015	d	Mixed (Bush-Obama-Obama)	Republican
Arizona	Proposition 205	2016	d	Republican (McCain-Romney-Trump)	Republican
California	Proposition 64	2016	a	Democratic (Obama-Obama-Clinton)	Democratic
Maine	Question 1	2016	a	Democratic (Obama-Obama-Clinton)	Divided
Massachusetts	Question 4	2016	a	Democratic (Obama-Obama-Clinton)	Divided
Nevada	Question 2	2016	a	Democratic (Obama-Obama-Clinton)	Republican
North Dakota	Measure 3	2018	d	Republican (McCain-Romney-Trump)	Republican
Michigan	Proposal 1	2018	a	Mixed (Obama-Obama-Trump)	Republican
Arizona	Proposition 207	2020	a	Mixed (Romney-Trump-Biden)	Republican
Montana	Initiative 190	2020	a	Republican (Romney-Trump-Trump)	Divided
New Jersey	Amendment	2020	a	Democratic (Obama-Clinton-Biden)	Democratic
South Dakota	Amendment A	2020	a/ot	Republican (Romney-Trump-Trump)	Republican
Arkansas	Issue 4	2022		Republican (Romney-Trump-Trump)	Republican
Maryland	Question 4	2022		Democratic (Obama-Clinton-Biden)	Divided
Missouri	Amendment 3	2022		Republican (Romney-Trump-Trump)	Republican
North Dakota	Measure 2	2022		Republican (Romney-Trump-Trump)	Republican
South Dakota	Measure 27	2022		Republican (Romney-Trump-Trump)	Republican
Oklahoma	State Question 820	2023		Republican (Romney-Trump-Trump)	Republican
Ohio	Issue 2	2023		Mixed (Obama-Trump-Trump)	Republican

2022 statewide ballot measures on marijuana

Below is a list of potential and certified state marijuana-related measures.

2022 certified measures:

1. Maryland Question 4, Marijuana Legalization Amendment (2022) 
2. South Dakota Initiated Measure 27, Marijuana Legalization Initiative (2022) 

2022 potential measures: No measures

Path to the ballot

See also: Laws governing the initiative process in North Dakota

The state process

In North Dakota, the number of signatures required to qualify an initiated state statute for the ballot is equal to 2 percent of the population of the state. North Dakota is unique in using the population to determine signature requirements for initiatives and referendums. Petitioners may circulate a petition for one year following the secretary of state's initial approval. The signatures must be submitted at least 120 days prior to the election.

The requirements to get an initiated state statute certified for the November 2022 ballot:

• Signatures: 15,582
• Deadline: Each initiative has its own signature deadline of one year after it was approved for circulation. The final deadline to submit signatures regardless of a petition's approval date was July 11, 2022.

Once the signatures have been gathered, the secretary of state verifies them using a random sample method. Since North Dakota does not have a voter registration system, the secretary of state may use "questionnaires, postcards, telephone calls, personal interviews, or other accepted information-gathering techniques" to verify the selected signatures.

Details about this initiative

• The initiative was sponsored by New Approach North Dakota.
• The initiative was cleared for signature gathering on April 21, 2022. To appear on the November 2022 general election ballot, signatures needed to be submitted before midnight on July 11, 2022.
• On July 11, the New Approach North Dakota campaign reported submitting 25,672 signatures to the secretary of state's office. New Approach ND Chairman Dave Owen said he was very confident the initiative would qualify for the ballot.
• The North Dakota secretary of state's office announced on August 15, 2022, that the measure qualified for the ballot, finding that sponsors submitted about 23,000 valid signatures.

Sponsors of the measure hired Eagle Campaigns LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $135,000.00 was spent to collect the 15,582 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $8.66.

How to cast a vote

See also: Voting in North Dakota

Click "Show" to learn more about voter registration, identification requirements, and poll times in North Dakota.

How to cast a vote in North Dakota

Poll times In North Dakota, voting hours at polling locations vary by county. According to statute, all polls must open between 7:00 a.m. and 9:00 a.m., and they must close between 7:00 p.m. and 9:00 p.m. Hours for specific polling places are available online through the state's Polling Place Search. A voter who is standing in line at the time the polls close will be allowed to vote. North Dakota is divided between Central and Mountain time zones. Registration Check your voter information here. North Dakota is the only state that does not require voter registration. “ Although North Dakota was one of the first states to adopt voter registration prior to the turn of the century, it abolished it in 1951. It is also worth noting that North Dakota law still provides cities with the ability to register voters for city elections. North Dakota is a rural state and its communities maintain close ties and networks. North Dakota's system of voting, and lack of voter registration, is rooted in its rural character by providing small precincts. Establishing relatively small precincts is intended to ensure that election boards know the voters who come to the polls to vote on Election Day and can easily detect those who should not be voting in the precinct. ” —North Dakota Secretary of State Voter ID requirements North Dakota requires voters to present identification while voting. Identification must include the voter’s name, current North Dakota residential address, and date of birth. Acceptable forms of voter identification include: Driver’s license Nondriver’s identification card Tribal government-issued identification (including those issued by the Bureau of Indian Affairs (BIA) for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address) Long-term care identification certificate (provided by North Dakota facility) If a voter does not have a form of identification that includes his or her current North Dakota residential address or date of birth, the voter can present the following supplemental documents: Current utility bill Current bank statement Check or a document issued by a federal, state, local, or tribal government (including those issued by BIA for a tribe located in North Dakota, any other tribal agency or entity, or any other document that sets forth the tribal member’s name, date of birth, and current North Dakota residential address) Paycheck Student photo ID card from a North Dakota institution containing the student's photograph and legal name. A printed document on school letterhead containing the student’s name, address, and date of birth must also be presented. North Dakota residents living outside of the United States can submit a U.S. Passport or Military ID if they do not have another valid form of identification. According to the secretary of state's office, "An applicant without an acceptable form of identification may use an attester. The attester must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility." Voters who cast absentee/mail-in ballot must include a valid form of identification with their ballot. A voter who has a disability that prevents them from leaving his or her home and is unable to obtain a valid form of identification "must provide his or her name, North Dakota driver’s license, nondriver’s, or tribal identification number, and sign the absentee/mail ballot application form to attest to the applicant’s North Dakota residency and voting eligibility."

See also

2022 measures

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• Marijuana on the ballot
• 2022 petition deadlines

North Dakota

• North Dakota ballot measures
• North Dakota initiative laws

News and analysis

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External links

• Full text
• North Dakota Secretary of State: Ballot Petitions Being Circulated

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