The initiated measure would create a new chapter of the North Dakota Century Code. It would allow for 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 and older; direct a state entity to regulate and register adult use cannabis production businesses, dispensaries, and their agents; provide protections for individuals who are 21 years of age or older who use cannabis; provide penalties for violations of the chapter; preserve certain employer rights regarding use of cannabis products by employees; supersede local ordinances that otherwise would prohibit the purchase, sale, use, delivery, or growing of cannabis by or to individuals 21 years of age or older; and provide that fees must be appropriated for administration of this chapter.

The estimated fiscal impact of this measure includes revenues of $10,227,600, expenses of $8,324,275, and an undetermined amount of additional costs associated with behavioral health and social impacts for the 2025-2027 biennium.

This constitutional measure would amend and reenact sections 2, 3, 4, and 9 of article III of the Constitution of North Dakota, relating to initiated constitutional amendments. The proposed amendments would require both constitutional and non-constitutional initiated measures to be limited to one subject as determined by the Secretary of State, who may not approve the initiated petition if it comprises more than one subject; require that measure sponsors be qualified electors; require that only qualified electors may circulate a petition; require petition signers to provide a complete residential address; and increase the number of signatures required to place a constitutional initiated measure on the ballot from four percent to five percent of the North Dakota resident population. Additionally, the proposed amendments would require that constitutional initiated measures approved by the Secretary of State be voted upon by the voters at the next primary election and, if approved by a majority of the voters, voted upon at the general election immediately following the primary election; if the measure fails at either the primary or general election, the measure is deemed failed.

The estimated fiscal impact of this measure is none.