Letter to the Editor: Marijuana measure will create bad law 

We are asking people to vote No on Measure 3 on Nov. 6. We are vigorously opposed to this measure. We intend to do everything we can to educate North Dakota voters as to the many problems this measure will bring to our beloved state of North Dakota. Most importantly this measure to allow recreational marijuana will create bad law!  We believe it is very important right now to let North Dakota voters know we care enough to fight this flawed measure. In the near future we will be bringing more detailed information to you in our effort to defeat this measure.

Medical marijuana is well on its way to being made available to those who can be helped by it. But the idea of “recreational marijuana” is simply not what North Dakota needs. If you read and analyze the measure – as it is written – you will understand that if it were to pass, it would make North Dakota the most liberal state for the regulation and control of marijuana. We are certain this is not what North Dakotans want.

Consider these few key points as you think about how you will vote on Measure 3, because if this measure passes:

• It will NOT be against the law to drive while impaired by marijuana

• Laws prohibiting smoking in public places would NOT apply to the smoking of marijuana. People will be able to smoke marijuana in restaurants, stores, churches, public buildings – anywhere. We do NOT want this to be allowed!

Why do we say this as to driving and smoking? Because Measure 3 creates a brand new law giving marijuana supremacy over all other laws. This is the last section of Measure 3, and I quote:

66-01-03 Statement of Supremacy

“In the event of the existance of any language in the North Dakota Century Code which conflicts with this chapter those sections are hereby repealed and nullified”

It is currently illegal to operate a motor vehicle under the influence of marijuana. It is currently illegal to smoke in public buildings. This measure would end those restrictions as to driving under the influence of marijuana and as to smoking marijuana in public buildings.

Also we urge voters to consider these negative consequences of this measure:

• The measure is full of discrepancies. Some examples:

The language says the “sale” of marijuana to anyone under 21 is a crime, but what about the “gifting” of marijuana to someone under 21?

Neglect and endangerment laws prohibiting the smoking of marijuana in the presence of a child would be repealed.

• There would be no limit on the amount of marijuana a person can possess.

• There would be no restrictions on growing marijuana – anyone could grow it, as much as they want.

• Zoning laws would not apply, therefore marijuana could be grown, processed and sold in any quantity without regard to this activity being near schools, playgrounds, churches, hospitals and neighborhoods.

• The measure makes no mention of any special tax, therefore the sale of marijuana would only be subject to normal sales taxes.

• This measure would NOT be the big money new source of dollars for the state treasury as its proponents might contend.

• This flawed measure does not establish the regulatory framework for distribution of marijuana. This means there would be no rules.

• Recreational marijuana is about big money and big profits - with little regard for the consequences to society and its people.

• And, to top it off, the effective date of the measure is just 30 days from passage. How in the world can we expect our state and local government entities to set up and be ready to oversee this new business category in just 30 days? Impossible!

Consider these facts supplied by Smart Approaches to Marijuana (SAM) from states that have allowed the sale of recreational marijuana:

• In Colorado poison control calls have increased 210 percent.

• Central Oregon hospitals have seen a 2000 percent increase in marijuana-related emergency room visits. One hospital in Bend, Ore. had an increase in 2015 from 229 to 2,251 visits.

• The Black Market is flourishing. In Colorado, law enforcement has seen a 50 percent increase in illegal growing operations in rural areas of the state. Of course in North Dakota, if this measure were to pass, that wouldn’t be a problem because anyone, anywhere in the state could grow marijuana. Think about that!

• In Colorado the crime rate has increased 11 times the national average since legalized marijuana began. That includes a nearly 19 percent increase in violent crimes.

• Washington state sadly has seen a doubling of drugged-driving fatalities since legalization. Across the country 50 percent of fatal car crashes involved drivers whose blood tests showed positive for a THC - the active ingredient in marijuana.

•And what about our kids and marijuana use? What can we expect? In Colorado studies now show that first-time use has skyrocketed by 65 percent since legalization.

• Across the nation in states where recreational marijuana is legal the increases in workplace problems, labor shortages, tardiness and accidents are reported to have all been on the rise. It will hit businesses in North Dakota hard.

• Alcohol consumption has not decreased in any of these states, and in some has increased quite a bit. So that argument won’t work.

I’ve been a lawyer for most of my life and another thing that boggles my mind is the section of this measure that addresses – in very broad terms – the expungement of marijuana-related records for anyone in the past. Ladies and gentlemen, that is thousands and thousands and thousands of records. Think of the hours it would take to sift through all these records for the past years. Believe me, it’s not as easy a doing computer search and pushing the expunge button. It would be a massively time consuming project for the state and local governments. The Attorney General’s office projects they would have to hire lots and lots of temporary employees to accomplish this massive undertaking. And that costs money, money, money - your tax dollars.

I could go on and on, our committee is focused on one thing, and that is for voters to be fully informed so they will join us in voting NO on Measure 3 on November 6! Please don’t be complacent and assume this measure will be defeated without your vote.

We NEED YOU to vote NO on Measure 3! Thank you.

North Dakotans Against the Legalization of Recreational Marijuana

Bob Wefald, Chairman

Statistics and experiences from other states were found on the Smart Approaches to Marijuana (SMART) website: https://learnaboutsam.org/wp-content/uploads/2018/04/SAM-Lessons-Learned-From-Marijuana-Legalization-Digital.pdf

Learn more, watch this video produced by Drug Free Idaho (July 2018): https://hidtanmi.org/category/resources/educational-materials/