COMPASSIONATE CARE ACT SUBJECT TO CONSTITUTIONAL LIMITATIONS FOR AMENDMENTS

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December 8, 2017


Request: Does the two-thirds vote requirement contained in Article III Section 8 of the North Dakota Constitution apply to N.D.C.C. Ch. 19-24.1 for seven years?

Conclusion:  North Dakota voters legalized the medical use of marijuana by approving Initiated Measure 5 during the 2016 election, creating N.D.C.C. Ch. 19-24. By a two-thirds vote, the Legislative Assembly repealed Ch. 19-24 and created N.D.C.C. Ch. 19-24.1 in its stead, and also provided a statement of legislative intent that Ch. 19-24.1 should be treated as an amendment to Initiated Measure 5.  Prior to its repeal, Ch. 19-24 was substantially similar to Ch. 19-24.1, both in scope and operation.

Chapter 19-24.1 retains initiated status and is subject to the constitutional limitations in Article III, Section 8 until December 8, 2023.  2017-L-06

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