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HB 1596

Civil procedure; Pleading Code; claims and averments; effective date.

2025 Regular Session Introduced by Mark Lepak

Replace most small marijuana/THC offenses with noncriminal citations and fees, and seal first-time small-possession records.

Referred to Civil Judiciary
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Bill Summary · HB 1596

Summary — HB 1596 (North Dakota)

Title: An Act to create and enact a new section to chapter 19‑03.1 of the North Dakota Century Code, relating to noncriminal marijuana, tetrahydrocannabinol, or paraphernalia violations; to amend penalties for ingestion and possession; and to provide a penalty.

Purpose

HB 1596 would (1) create a statutory process for handling low‑level marijuana/THC and paraphernalia violations as noncriminal citations, (2) change classification and penalties for certain possession and ingestion offenses involving marijuana and tetrahydrocannabinol (THC), and (3) create record‑sealing rules for a first small‑possession conviction.

Key provisions (what the bill would do)

  • Create a new noncriminal citation scheme for small marijuana/THC/paraphernalia violations:

    • Establishes a noncriminal citation carrying a fee of $150 (some draft language allowed “up to $150”).
    • Allows the cited person to pay the fee before a scheduled hearing or appear at the designated hearing; posted bond may be forfeited if the person does not appear.
    • If bond is mailed, it must be submitted within 14 days and the cited person must indicate whether they request a hearing; failure to request a hearing within 14 days = bond forfeited and violation admitted.
    • The designated official may waive, reduce, or suspend the fee or bond at the hearing.
    • The required bond amount must equal the statutory fee.

  • Reclassify certain possession amounts and adjust age thresholds (amending NDCC sections 19‑03.1‑22.3, 19‑03.1‑23, and 19‑03.4‑03):

    • Marijuana
    • Less than 1/2 ounce (14.175 g): classified as an infraction / subject to noncriminal citation for adults (drafts vary on whether “adult” is 18 or 21).
    • At least 1/2 oz but up to 100 g: class B misdemeanor or infraction (drafts vary).
    • 100 g to 500 g: class B misdemeanor.
    • More than 500 g: class A misdemeanor.
    • Tetrahydrocannabinol (THC)
    • Less than 2 g: infraction / subject to noncriminal citation for adults (drafts vary on age).
    • 2 g to 4 g (or 2–6 g depending on draft): class B misdemeanor or infraction.
    • More than 6 g: class A misdemeanor.
    • Paraphernalia (NDCC 19‑03.4‑03(4))
    • Use or possession of paraphernalia to consume or store marijuana/THC: treated as an infraction for minors and subject to noncriminal citation for adults (drafts differ on minor/adult age lines).

  • Ingestion by minors (NDCC 19‑03.1‑22.3(2)):

    • A person under (18 or 21 — drafts vary) who intentionally ingests/injects/inhalest marijuana or THC (excluding authorized medical marijuana) would be guilty of a class B misdemeanor or an infraction under the proposed changes.

  • Record sealing:

    • If a person is convicted of a first offense of possession of one ounce (28.35 g) or less of marijuana (or up to specified THC amounts) and is not convicted again within two years, the court must seal that conviction and the sealed record may not be reopened.

Who would be affected

  • Individuals cited for small amounts of marijuana or THC and those possessing or using drug paraphernalia.
  • Particularly affected: young people (the bill’s drafts vary between under‑18 and under‑21 thresholds).
  • Courts, county officials, and law‑enforcement agencies implementing noncriminal citation procedures and fee collection.

Procedural status / timeline

  • Introduced: December 12, 2024.
  • Multiple drafts and amendments were prepared (including first engrossment and senate amendments) that altered age cutoffs and some quantity thresholds.
  • Status (as provided): Second reading — failed to pass (yeas 13, nays 33).

Notes / important caveats

  • The bill text went through multiple drafts; key numeric thresholds and the adult/minor age used for different penalties changed across versions (some versions use age 18, others 21). The summary above reflects the principal changes proposed across drafts; specific legal effect would depend on the final enrolled language.
  • The bill shifts many low‑level possession/paraphernalia offenses from criminal to noncriminal handling (citation + fee), while retaining misdemeanor/A‑class felony exposure for larger quantities.
  • If enacted, the bill would decriminalize (in practice) very small possession amounts by replacing criminal charges with civil/noncriminal citations and create a simple statutory path for sealing first‑time small‑possession convictions.

Compiled from official sources — confirm details with the bill’s official record.

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