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North Dakota Cannabis Advocates Strike Out as Prohibition Prevails

The state’s voters rejected an adult-use legalization measure with 52.5% opposed in the 2024 election, marking the third failed reform attempt since 2018.

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Updated at 6:41 a.m. CT Nov. 6.

North Dakota’s cannabis legalization advocates took another swing at adult-use reform but failed to gain majority support at the polls for the third time in six years.

Voters in the Peace Garden State rejected Measure 5 with 52.5% casting ballots in opposition to adult-use legalization on Nov. 5, according to unofficial election results from the North Dakota secretary of state’s office with 100% of votes counted as of 6:41 a.m. CT on Nov. 6.

Sponsored by New Economic Frontier (NEF), the measure intended to allow adults 21 years and older to possess up to 1 ounce of cannabis and establish a regulated adult-use marketplace for licensed businesses to provide tested products to consumers. The measure also would have allowed individuals to home cultivate up to three plants for personal use.  

"North Dakota, your voices were heard," NEF said in a public statement. "While Measure 5 didn’t pass, we saw the highest voter turnout for a ballot measure, confirming the growing support for cannabis legalization in our state. This close result shows that many North Dakotans are ready for local control over cannabis policy—one that reflects our values. Thank you to everyone who voted, shared your personal stories, got involved in your networks, and showed up to support this effort. The conversation isn’t over, and together, we’ll continue working toward practical solutions for our state."

With Measure 5’s failure, North Dakota will continue to criminalize using or possessing any amount of cannabis except for those who qualify and are registered under the state’s medical cannabis program.

Despite ongoing efforts, the 2024 election marks North Dakota’s third failed attempt to legalize adult-use cannabis.

In 2018, North Dakota voters rejected Legalize ND’s adult-use ballot measure with 59.5% opposed. And in 2022, the state’s voters turned down New Approach North Dakota’s adult-use ballot measure with 55% opposed.

NEF’s setback in this election came despite a recent poll predicting its probable passage. The September survey conducted by WPA Intelligence pollsters found that 45% of registered voters in North Dakota supported Measure 5, while 40% opposed the measure and 15% were undecided at the time.

Although several state organizations came out against the ballot initiative—including the Chiefs of Police Association of North Dakota, the North Dakota Sheriffs Association, the North Dakota Hospital Association, and the North Dakota Medical Association—cannabis advocates stepped up their game a week out from the election with an advertisement highlighting the potential economic impacts of legalization.

Specifically, the advertisement drew attention to neighboring states Montana and Minnesota, which recently legalized adult-use cannabis.

“Would you throw away millions of dollars?” a voice in the ad asks. “That’s what North Dakota is doing right now. While our neighbors are raking in cannabis tax revenue, we’re left empty-handed. Montana alone generated over $118 million in just two years. That could be us. Imagine the impact that kind of money could have on our school systems, emergency services, and roads and bridges.”

But that message wasn’t enough to sway voters in their favor on Election Day.

Instead, North Dakota will remain a medical-only cannabis market with roughly 1.3% of the population, or approximately 10,000 residents, registered as qualifying patients, according to the state’s Department of Health and Human Services.

Under the state’s medical cannabis program that voters approved in 2016, there are two cultivation facilities and eight existing dispensaries operated by three companies, including four stores owned by multistate operator Curaleaf and three stores owned by Pure Dakota Health—the two main financial backers of NEF’s 2024 campaign, according to state finance reports.

“While we are disappointed that Measure 5 did not pass, Curaleaf remains committed to advocating for responsible cannabis access and education across the country,” Curaleaf CEO and Chairman Boris Jordan said in a statement to Cannabis Business Times.

“Although this outcome continues to delay the opportunity for legal cannabis in North Dakota, we respect the democratic process and the will of the voters,” he said. “Curaleaf believes in the potential of cannabis to improve lives and drive economic growth through job creation and tax revenue. As more states across the country embrace reform, we are confident that North Dakota will continue the conversation about cannabis legalization in the future.

“That said, we will continue to support and prioritize medical patients in the state and will be prepared to transition to adult use in the state when the time comes, as we have already done successfully in several medical markets.”

Instead of the economic benefits associated with a legalized adult-use industry, including increased tax revenues and job creation, North Dakota’s law enforcement agencies will continue to spend resources on criminalizing certain individuals after charging 4,451 people with cannabis use or possession in 2023, The Associated Press reported.

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