Measure 3 North Dakota: Is the time for marijuana? | Election

"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.

Wefald considers that North Dakota is left "open" on marijuana in an industry without regulation, without limits and 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.

"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of the existence of any language of the North Dakota Code that is inconsistent with this Chapter, those sections are rescinded and repealed".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?"

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 essentially 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.

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, stated that the sheriff's command and K9 attendants met to discuss a plan, if Measure 3 was successful. 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.

Bismarck Police Chief Dave Draovitch said two of the K9s in his department had been trained in marijuana, and that the passage of Measure 3 "would make it very difficult for them to proactively use the way we are now. . "

The K9 Bismarck also have a dual purpose, training in drugs but also patrol work, such as searching for people and cleaning buildings.

"They can still be used in this regard," he said.

Draovitch also said it was difficult for patrollers to not find marijuana these days: "It seems that every time we find harder drugs like heroin, methamphetamine or coke, etc. there is always marijuana, too. "

DUIs of marijuana would be difficult to solve. Police trained as drug recognition experts can help, but Draovitch said there is no "tool" or "number" to determine the influence of marijuana.

Bismarck police detective Jeremy Seeklander, a narcotics investigator, said the local law enforcement and narcotics working group in the metropolitan area are "not specifically focused on a narcotic. in particular". as often net marijuana.

If Measure 3 were successful, the "distinct" smell of marijuana would no longer be a probable cause, said Seeklander.

"I think (measure 3, if adopted) will have a big impact on our community and on Bismarck, in general," he said.

The candidates for the Burleigh County State Lawyer see flaws in Measure 3 itself.

State Attorney Julie Lawyer of Burleigh County said the measure apparently treated marijuana as an alcohol when prosecuting minors, but only allowed for the prosecution of marijuana for elderly people. under 21 years old.

"If I offer you, and you're 16, you can not do anything to me, but if (a prosecutor catches) the 16-year-old man with him, the 16-year-old can be treated as an undisciplined juvenile, "said the lawyer.

Burleigh County's Assistant District Attorney, Brian Johnson, said he saw deficiencies in Measure 3, such as the 30-day time limit for clearing marijuana-related criminal records, and foretelling a special legislative session to deal with radiation, if adopted.

In addition, he said that the state could be sued if the records are not erased in a timely manner.

"When you and I run fast, we are open to responsibility, right?" Owen said. "If you and I do not respect the law, our responsibility is engaged."

Owen also spoke to the Attorney General's tax impact on radiation as "it looks like someone who is very well prepared."

"It will be a dog fight," Owen said of Measure 3. "It will be a fight to the end."