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The legislation passed to legalize marijuana for recreation in North Dakota for people over 21 is on the November ballot and contains heated arguments.
"I think it's an excellent law. I think the law is wonderfully written, "said David Owen, Chair of the Measure 3 Sponsorship Committee.
"If it comes into effect, it will be a bad law," said Bob Wefald, a former Attorney General and retired district judge, who chairs the main opposition campaign.
If passed, the measure will raise questions for law enforcement, from K9 police to DUI marijuana. Legal observers question the statutory interpretation of the measure. And how the legislature can modify the measure 3 while the law remains unknown.
Pass on the grass?
Wefald considers that North Dakota is left "open" on marijuana in an industry without regulation, limitation or control if Measure 3 is legal.
He added that more people were using it in public and at a younger age, and that grocery stores could offer a marijuana section in "the country's most liberal marijuana state".
Owen is considering a state where people are not sentenced to marijuana, where farmers could grow hemp and marijuana so that the state benefits from sales tax and ancillary tourism.
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"What is liberal in complete free market capitalism?" Owen said. "What is liberal in removing barriers to market entry? What is liberal in deregulation? "
Wefald pointed out that marijuana was a "gateway" potentially leading to harder drugs, such as heroin.
"I think anyone with children or family would be extremely worried about this law," he said.
Owen stated that the measure would give the opportunity to anyone convicted of marijuana to be struck off with the adoption of Measure 3.
"Whether you're 20 or 70, you have marijuana problems in your locker," he said.
Wefald criticizes the write-off requirements of the measure, which had a $ 1.1 million tax impact as the Attorney General's office hired and trained 124 temporary employees to clear approximately 179,000 criminal records in the 30 days from December 6th.
He also criticized the provision in Measure 3 that "in the event of the existence of any language of the North Dakota Code that is inconsistent with this Chapter, those sections are rescinded and repealed".
Wefald said this provision nullifies the state's sales tax as taxation. Owen said Wefald "sees a conflict where there is none."
All of this comes down to the "evil, badly worded" measure, according to Wefald.
Owen stated that Measure 3 had been drafted for months with the participation of a legal advisor, including a public defender, a federal prosecutor and a civilian practitioner. He rejected Wefald's criticism of poor writing.
"If you look at all the opposition groups that criticize a measure, they write badly," Owen said. "When is your reference complaint poorly written, how is it badly written?"
"Burn the house"
US State Representative Rick Becker, R-Bismarck, said he will vote in favor of Measure 3 but admitted that "bad writing" was a fair criticism.
But it is high time to legalize marijuana, he added. Voting by voters in North Dakota on marijuana for medical purposes indicates heightened acceptance of drugs and marijuana-related crimes are largely victimless, according to Becker.
Like marijuana for medical purposes, the Legislature could "absolutely" intervene if Measure 3 is adopted, he added.
"We took something that was infinitely worse – in terms of how it was written – infinitely worse than the full legalization measure, and we've always made it work, and we can do the same thing. thing with this measure, "said Becker.
Wefald said the votes on Measure 3 could be considered a "punch in the eyes" of lawmakers regarding the deadlines and rules for marijuana for medical purposes.
"My analogy is this: my father did not paint the color I wanted in my room, so I burned the house," he said.
Owen said he hoped legislators "respect the wishes of the people" on measure 3.
& # 39; Wait and watch & # 39;
Law enforcement officials claim that the consequences of the adoption of Measure 3 constitute a "wait-and-see" approach, which still raises many questions.
For example, should K9s trained on the smell of marijuana be removed or replaced?
Deputy Chief of Burleigh County, Kelly Leben, said the sheriff's command and K9 officials met to discuss a plan if Measure 3 was passed. One of their three K9s could be replaced, he said.
Although marijuana is legal in North Dakota if Measure 3 is adopted, its illegal federal status remains.
"The mere fact that something is legal does not necessarily eliminate the criminal enterprise," said Leben, pointing to cigarette smuggling between states with low and high tax rates.
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