PHONE (701) 328-2900 ALVIN A, JAEGER. FAK (701) 926-2982 ‘SECRETARY OF STATE HOME PAGE ww.nd.govlsoe EAM sone gov STATE OF NORTH DAKOTA 600 EAST BOULEVARD AVENUE DEPT 108 BISMARCK ND 62605-0500 FOR IMMEDIATE RELEASE CONTACT: Lee Ann Oliver August 13, 2018 (701) 328-4146 A Jaeger (701) 328-3670 Approved for November 6, 2018 Ballot Statutory Amendment Related to Legalization of Marijuana. Bismarck, ND ~ On July 9, 2018, a sponsoring committee delivered petitions to the Secretary of State relating to @ proposed statutory initiative pertaining to legalization of marijuana (copy attached). By state law (see below), the Secretary of State had 35 days or until August 13, 2018, for reviewing the petitions and pass on their sufficiency to place the measure on the ballot. Based on the last federal census, to place a statutory measure on the ballot requires the signatures equal to 13,452 qualified electors. ‘The sponsoring committee submitted 17,695 signatures and 14,637 signatures were accepted as being qualified. See tally sheet. Therefore, the initiative will appear on the November 6, 2018, ballot. It will be assigned a number ‘according to the provisions of N.D.C.C. § 16.1-06-09 (below) when the review is completed of all petitions, ‘submitted prior to the fling deadline, N.D.C.C. § 16.1-01-10 — Secretary of state to pass upon sufficiency of petitions — Method — Time limit The secretary of state shall have a reasonable period, not to exceed thirty-five days, in which to pass upon the Sufficiency of any petition mentioned in section 16.1-01-09. The secretary of state shall conduct a representative random sampling of the signatures contained in the petitions by the use of questionnaires, postcards, telephone calls, personal interviews, or other accepted information gathering techniques, or any combinations thereof, to determine the validity ofthe signatures. Signatures determined by the secretary of state to be invalid may not be counted and all violations of law discovered by the secretary of state must be reported to the attomey general for prosecution, N.D.C.C. § 16.1.06.09. Constitutional am ‘sand initiated and referred measures - Manner of stating question = Explanation of effect of vote - Order of listing (excerpt) “The measures to be submitted to the electors must be grouped and classified as consitutional measures, Intiated statutes, or referred statutes and must be placed within such groups or classifications by the secretary of state in the order received, for the purpose of placing them on the ballot. Measures submitted by the legislative assembly must be placed first on the ballot within their classification in the order approved by the legislative ‘assembly. Constitutional measures shall be placed first on the ballot, initiated statutes second, and referred statutes third. ARer all the measures have been placed within the appropriate group or ciassification, all measures must be ‘numbered consecutively, without regard to the various groups or classificationsWy 60:96:8 sTOz/ET/8 es" seinjeuBis Jo Joquinn peydeooy pue saimjeubig Jo soquiny posnboy usomeg soucieyiC) fbco’st peydeoay sounyeubis Jo soquinn [e304] EL, sosmeubils poyoeley Jo 49qWNN 16304) Suo}sswio ssouppy) ler (ssouppe fenuapisor ojojduioo sous 0} Sijej s0ye|N9319 & UOyM sy o]dUIeXa) ‘s10113 10}0{NO4, ks {erep uopesidxe Buorm 101) Uy SeyUm Zae}OU oip UUM 30 juOUINDOP OY UBS OF Sy86I0) AlejOU oun eum “eNO! ‘Aae}OU o1nue at) o}9|duI09 Jou sop A1eJOU oy) UaYA uOWINIOD a4 dUIE}S 0} SJoB10) AJEJOU e LOYM axe Sioa K1eJOU Jo sojduseXy ‘810113 £18 0N) (u fred au9 4 puo 40 BujUUjGoq ou3 uI) o¥eG On| le p09 diz pue Ayo yjog Bulssius 40 sse1ppy oWIS-J0-1n9| loos (1e} Aq pouinbos se oureu soup 3uLsd 0} pojte} JouBts 043 40 ‘uosiad JeyjOUR 40} pouB|s Uosiod e uewNop oun Jo oye UOREZEIOU ‘9u) Joye 40 UORHad oUp Jo ovep feAoIdde ety o10J0q paute}qo o1om souMjeUBIs ‘oo1} UOHREd au) PoUBIS UOSied e ‘eUIEU yse| 40 3814) & epnioul 3,uS90p esmyeuBys |4y ‘UONHEd UMO .J9uy UBIS 40,BINOWID 40 ALeJOU e UOYM e1e SeAMeUiBIs eyenbapeUl jo sojduex3) ‘ounjeub\g oyenbopeu ‘Avounu3 8H Ul poreino419 oN uoHee soanyeUb|g poyoefoy Jo Arewwing [22'S 8102 ‘91 Ainr uo seyjuw0g BuLosuods Aq paying sosmeuBlg Jo Joquiny jenjo¥4 jooo'st 8102 ‘9 Ainr uo sey )WW0D Buosuods Aq peywiqng seunjeuBis jo Joquinn payewysal lesv'ey YORMSUOD BOXeC YHON Aq posnboy sosnjeubig Jo sequNN 120]PHONE (701) 328-2900 ALVIN A. JAEGER FAX (701) 328-2002 ‘SECRETARY OF STATE HOME PAGE worund.govisos E-MAIL sos@nd.gov SECRETARY OF STATE [STATE OF NORTH DAKOTA, (600 EAST BOULEVARD AVENUE DEPT toe 'BISMARCK ND 58505-0500 August 13, 2018 David Owen Chairperson Sponsoring Committee 3A Noren Hall Grand Forks ND 58202 Dear Mr. Owen, On July 9, 2018, and prior to the 120-day deadline before the November 6, 2018, statewide election, as prescribed in the Constitution of North Dakota, Article Ill, Section 5, the sponsoring committee submitted petitions to the Secretary of State to piace an initiated statutory measure on the ballot. The measure pertains to legalization of marijuana. ‘As provided for in the Constitution of North Dakota, Article Il, Section 9, a statutory initiative is placed on the ballot if petitions have been submitted to the Secretary of State containing the signatures of qualified North Dakota “electors equal to two percent of the resident population of the state at the last federal decennial census,”. According to the most recent federal census, the number of valid signatures required is 13,452. AAs further prescribed under the provisions of the state's consttution and its statutes, this office has completed its review of the submitted petitions. Based upon the results of that review, | have determined the sponsoring committee did submit petitions containing the valid signatures of qualified North Dakota electors equal to the required number. See enclosed tally form. Therefore, the measure will be placed on the ballot for the November 6, 2018, election. It will be assigned a number according to the provisions of N.D.C.C. § 18.1-06-09 (enclosed) when the review is completed of all petitions submitted prior to the filing deadline. lf you have any questions or need additional information, please contact the Secretary of State's Elections Division at (701) 328-4146, or (800) 352-0867, ext. 328-4146, or via e-mail at soselect@nd.cov. Sincerely, pt Al Jagger Secretary of State16.1-06-09. Constitutional amendments and initiated and referred measures — Manner of stating question - Explanation of effect of vote - Order of listing. Constitutional amendments or measures, initiated measures, and referred measures, duly certified to the county auditor by the secretary of state, or any other question or measure to be voted on, except the election of public officers at any primary, general, or special election including officers subject to a recall petition, must, unless otherwise determined by the secretary of state, be stated in full in a legible manner ‘on the ballot. If the secretary of state concludes the amendment or measure is too long to make it practicable to print in full, the secretary of state in consultation with the attorney general shall cause to be printed a short, concise summary, which must faitly represent the substance of the constitutional amendment or initiated or referred measure. After the foregoing statement, the secretary of state shall ‘cause to be printed another short, concise statement of the effect of an affirmative or negative vote on the constitutional amendment or initiated or referred measure. This explanatory statement must be drafted by the secretary of state in consultation with the attomey general. The words "Yes" and "No" must be printed (on the ballot at the close of the statement regarding the effect of an affirmative or negative vote, in separate lines with an oval before each statement in which the voter is to indicate how the voter desires to vote on the question by darkening the oval. If two or more amendments or questions are to be voted fon, they must be printed on the same ballot. ‘The measures to be submitted to the electors must be grouped and classified as constitutional measures, initiated statutes, or referred statutes and must be placed within such groups or classifications by the secretary of state in the order received, for the purpose of placing them on the ballot. Measures submitted by the legislative assembly must be placed first on the ballot within their classification in the order approved by the legislative assembly. Constitutional measures shall be placed first on the ballot, initiated statutes second, and referred statutes third. After all the measures have been placed within the appropriate group or classification, all measures must be numbered consecutively, without regard to the various groups or classifications,INITIATIVE PETITION ‘TO THE SECRETARY OF STATE, ‘STATE OF NORTH DAKOTA We, the undersigned, being qualified electors request the following initiated law be placed on the ballot as provided by law. SPONSORING COMMITTEE ‘The following are the names and addresses of the qualified electors of the state of North Dakota who, as the sponsoring committee for the petitioners, represent and act for the petitioners in accordance with law: David Owen Josh Dryer Casey Brevik Jacob Knaack Jason K. Coghill Keedan Holzworth Chairperson 3027 7° St. West 707 Broadway 3548.47" St. 5 3027 7% St. W. 3A Noren Hall :ApL 101, ‘Apt Thad Apt. 4 ‘Apt. 108 Apt. 311 West Fargo,ND Grand Forks, ND Fargo, ND Fargo, ND West Fargo, ND Grand Forks, ND sg078 58201 58102 58104 58078 58202 Bradley Foster yest Joseph Pelter Alex Larson Eric Olson Sarah Fugiseth Cyrus Sarabakhsh Michelle Tait 1145 12" St. N i 720 12" St. N 915.4" Ave. 5. 144130" Ave.S. 1717 40"St.SW 222 Crown Butte Dr. Fargo, ND_ 354126 Ave. S. Fargo, ND Fargo, ND Unit E. Apt. 323 Mandan, ND 58102 Apt. 115 58102 58103, Fargo, ND Fargo, ND 58554 Grand Forks, ND 58103, 58103, 58201 Tisha LDenault _Jennifer Bailey Kevin Johnson Donald Bailey Chad Hellwig Nicole Moos Erika Zimmerman 232.2"St. 1119 University Dr. 662 San Juan Dr.$, 1119 University Dr. 7008. 12 St. 106 W Buffalo St. 409.2"! Ave NW Minto, ND ‘Apt. 1319 Fargo, ND Bismarck, ND Apt. 236 ‘Mandan, ND Mandan, ND 58261 Bismarck, ND 58103, 58508, Bismarck, ND 58554 58554 58504 58504 Jolene Berger Todd Were Dustin Peyer Mark Burke Sandra L Farrell Duwayne Brian $ Taylor J. 3004 Manchester St. 52 Benteen Dr. 3004 Manchester St. 100W3"St Lot B8 Hendrickson 3100 € Rosser Ave Bismarck, ND Lincoln, ND Bismarck, ND Parkview Estates 1001 S4**St SE Apt 585504 58508 58504 Mandan, ND Minot, ND Bismarck, ND 58501 58554 58701PETITION TITLE create an appeals process for an individual who believes the state did not expunge a record properly; and eliminate the state's sovereign immunity for damages resulting from expungement lawsuits. It would create chapter 66-01 to define the terms marijuana and marijuana paraphernalia; to prevent prosecution for non-violent marijuana related activity; and to nullify and repeal any North Dakota Century Code language which conflicts with chapter 66.01 FULL TEXT OF THE MEASURE IF MATERIAL IS UNDERSCORED, IT IS NEW MATERIAL WHICH IS BEING ADDED. IF MATERIAL IS OVERSTRUCK BY DASHES, THE MATERIAL IS BEING DELETED. IF MATERIAL IS NOT UNDERSCORED OR OVERSTRUCK, THE MATERIAL |S EXISTING LAW THAT IS NOT BEING CHANGED. BE IT ENACTED BY THE PEOPLE OF THE STATE OF NORTH DAKOTA: ‘SECTION 1. AMENDMENT. Section 19-03.1-05 of the North Dakota Century Code is amended and reenacted as follows: 4. The controlled substances listed inthis section are included in schedule | 2 Schedule | consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, ted inthis section ites. Unloss specifically excepted or unless salts of isomers esters, and ethers, whenever designation: ‘a. Acetyimethnacol b. Allyiprogine. ¢. Alphacetyimethadol 4. Alphameprodine. €. Alohamethadol f. Benzethiine. 9. Betacetyimetnadl. hi Betameprodine. i. Betamethadol j. Betaprodine k. Clonitazene. \ Dextromoramide. m, Diampromige. 1. Diethyithiambutene. isted in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and ‘existence:©. Difenoxin. p. Dimenoxadol 4. Dimepheptanol +. Dimethytthiambutene, s, Dioxaphetyl butyrate. t. Dipipanone. u. Ethylmethythiambutene, x. Furethidine. y. Hydroxypethidine. 2. Ketobemidone. ga, Levomoramide, bb. Levophenacylmorphan, known as 1-methyl-4-pheny/-4-propionoxypiperidine). ee, Noracymethadol. ff. Norievorphanol 499. Normethadone. hh, Norpipanone. ji, PEPAP (1-(2-Phenylethy!)-4-Phenyl-4-acetoxypiperidine). ji, Phenadoxone. kk, Phenampromide. 1, Phenomorphan. ‘mm. Phenoperiine. tn, Piitramide. 00. Proheptazine. ine. rr, Racemoramide, 35. Tilidine. tt. Trimeperidine. uu, 3 4-cichlro-N2.(dimethylamino}cylbhenyI-N-methybenzamide (also known as U47700), vw, 1-cyclohexyi-4-(1,2-diphenylethyl)piper -hydroxy-2-phenethy))-3-methy!-4-piperidinyl|-N-phenylpropanamide (also known as Beta-hydroxy-3-methyifentany)) (6) N-{3-methy-1-(2-phenylethy!)-4-piperidyl]-N-phenylpropanamide known as 3-Methylfentany)).4, Opium derivatives. U 5. Hallucinogenic substances. Unless sf -phenylbutanamide (also know as Butyryl {2-hydroxy-2-(thiophen-2-yi)ethylpiperidin-4-yi-N-phenyipropionamide; N- Ipropanamide (also known as Beta-Hydroxythiofentany)) ‘phenethylpi N-phenyl-N-{1-(2-phenylet (15) Ny {2-hydroxy-2-(2-thieny)jethy!]-4-piperidiny|-N- , isomers, and salts of isomers whenever 2 Acetorphine. b. Acetyldihydrocodeine, d. Codeine methylbromide. fe. Codeine-N-Oxide, f. Cyprenorphine. 4g, Desomorphine. fh. Dinydromorphine. i. Drotebanol 1 (except hydrochloride | Hydromorphinol. m. Methyldesorphine, 1, Methyidinydromorphine. ©, Morphine methylbromide. . Morphine methylsutfonate. 4g, Morphine-N-Oxide. . Myrophine. s. Nicocodeine, 1 Nicomorphine. uu, Normorphine, v. Pholcodine, w. Thebacon, ‘aminobuty) ind b. Alphesmathyrypcina . 4-methoxyamphetamine (also known as 4-methoxy-2-methylphenethylaming; paramethoxyamphetamine; PMA), d, N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenylamine, and N-hydroxy MDA. @-Hashish£2, lbogaine (also known as 7-Ethyl-6, 6B, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5 H-pyrido [1', 2:1,2] azepino (6,4-b) indole; ‘Tabernanthe iboga), 9. £. Lysergic acid diethylamide. E Blaha #9, Parahexy! (also known as 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro- 6,6 9-trimethyl- 6H-dibenzol[p.d}pyran; Synhexy)). ih, Peyote (all parts of the plant presently classified botanically as Lophophora williamsli Lemai ‘owing or not, the seeds thereof, any ‘any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds, or its ‘Substitution to the indole ring to any extent: or petition tote Bheny benzy naphthyadareny, cyclopropyl, propionsehyde group to any extent; or ‘Annitrogen heterocyclic analog of the indole ri [13] 1-Penty-3-{2-methyiphenylacety)indole- Other names: JWH-251(2) Indole carboxamides. Any compound structurally derived from 1 both of the following ways naphthyl, adamant cyelopropy. or propionaldehyde group wether or not the compound is further mosfed to the following ways: )-1-pentyl-1H-indazole- 3-carboxamide - Other names: AB-PINACA. -{(4- fluoropher boxamide - Other names: ADB-PINACA. H-indazole-3-carboxamide - Other names: AB- '5s,7s)-adamantan-t [1-1 urcberzy)-tH indszle- 3 carboramide- Other names: FUB-AKB48 and 8p) tH-indazoe-3-carboxamide - Other names: 5uoro-TH. luoropenty/}-1H-indazole-3-carboxamido)-3- methylbutanoate - Other names: fluoro AMB, [15] methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate - Other names: FUB-AMB,16] N-[1-{aminocarbonyl)-2,2-dimethylpropyl]-1-(cyclohexylmethyl)-1 H-indazole-3-carboxamide - Other names: MAB- CHNINACA and ADB-CHMINACA. indazole-3-carboxamido)-3,3-dimethylbutanoate - Other names: SF-ADB and §F- luoropenty!)-1H-indazole-3- carboxamide - Other names: 5F-APINACA and SF-AKB48, hyl 2-(1-(cyclohexylmethy!)-1H-indole-3-carboxamido)-3,3- dimethylbutanoate - Other names: MDMB-CHMICA ‘and MMB-CHMINACA. Methyl 2-(1-{4-fluorobenzy!)-1H-indazole-3-carboxamido)-3,3- dimethylbutanoate - Other names: MDMB-FUBINACA. by an alky/, haloalky!, cyanoalky/, or not substituted in the cyelohexy ring to any extent. Examples includeIR,3S}-3-hydroxycyoiohexyl}-phenol - Other names: CP 47,497. .38)-3-hydroxycyclohexy/}-phenol - Other names: Cannabicyciohexanol and CP 47,497 C8 R.2R)-5-hydroxy-2-(3- hydroxypropyljcyclohexyl]-phenol - Other names: CP 85,940, 10a-tetrahydrobenzofe}chromen-1-ol - Other 102-tetrahydrobenzoje}chromen-1-ol - Other -4-benzoxazin-6-yi|-1-napthalenyimethanone - Other names: ‘groups; bj tution with two fused ring at the 2-position by any alkyl groups; or (©) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyi groups. Jethanamine (also known 28 2C-T or 4-methylthio-2,5-dimethoxyphenethylamine). ;pan-2-amine (also known as DOI or 2,5-Dimethoxy-4-iodoamphetemine) inopropane (also known as DOB or 2,5-Dimethoxy-4-bromoamphet yan-2-amine (a ) 2-{4-bromo-2 5- SECTION 4, AMENDMENT, Section 25-03.1-45 of the North Dakota Century Code is amended and reenacted as follows: 25-03.1-45. Expungement of records. ion is defined as follows. Any violation in the state of North Dakota, for a controlled rson has a record of punitive action. ‘This process shall occur for those not incarcerated within 30 days of the passage of a law which creates an i those incarcerated, no sooner than 30 days after their release from prison and zB (1) Upon receiving an appeal request, th fling of the appeal to the court Q patties, 2 Penalties a. _The State shall waive all sovereign immunity for damages in regard to lawsuits dealing with expungement proceedings. b, —Anyindividual shall have the right to sue in court for damages as a result for failure to properly expunge record sons,a. Following the discharge of a respondent from a treatment facil or the state hospital commitment, 2 respondent may at any time move to have all court records perta respondent file a full release of all claims of whatever nature arising out ofthe pr he issuance of a court order denying a the proceedings expunged on condition ‘SECTION 5. AMENDMENT. Chapter 68.1-01 of the North Dakota Century Code is enacted as follows: {68-04 01, Definitions 4. “Marijuana” means any 2 ‘Marijuana paraphenalia’ means_any item ce ‘maniuana, No person over the age of 21 shall be prosecuted in any court for any drug paraphenaila relating to any non-violent marijuana activity. 66-01 03. Statement of Supremacy 4. Inthe event of the existence of any language in the North Dakota Century Code which conflicts with this chapter those sections are here! ‘ullfied and repeal