Heckaman, 120817 NDAGO, AGO 2017-L-6

Case DateDecember 08, 2017
CourtNorth Dakota
The Honorable Joan Heckaman
AGO 2017-L-6
Letter Opinion 2017-L-06
North Dakota Attorney General Opinion
December 8, 2017
         The Honorable Joan Heckaman          State Senate          322 2nd Avenue N          New Rockford, ND 58356          The Honorable Pamela Anderson          House of Representatives          3001 40th Avenue South Unit H          Fargo, ND 58104-4406          The Honorable Mary Schneider          House of Representatives          1011 8th Street South          Fargo, ND 58103-2725          Dear Senator Heckaman, Representative Anderson, and Representative Schneider:          Thank you for your letter asking whether the two-thirds vote requirement contained in Article III, § 8 of the North Dakota Constitution, applies to N.D.C.C. ch. 19-24.1 for seven years.          For the following reasons, it is my opinion N.D.C.C. ch. 19-24.1 retains initiated status and is subject to the constitutional limitations provided in N.D. Const. art. III, § 8.          ANALYSIS          North Dakota voters legalized the medical use of marijuana by approving Initiated Measure No. 5 during the 2016 election, creating N.D.C.C. ch. 19-24, known as the North Dakota Compassionate Care Act.[1] In the subsequent legislative session, S.B. 2344 repealed N.D.C.C. ch. 19-24 and created N.D.C.C. ch. 19-24.1.[2] Senate Bill 2344 was approved by the Legislative Assembly with at least two-thirds vote of the members elected to each house.[3]          Article III, § 8, N.D. Const., provides in part:
A measure approved by the electors may not be repealed or amended by the legislative assembly for seven years from its effective date, except by a two-thirds vote of the members elected to each house.
         The Constitution does not address whether this limitation continues to apply after an initiated measure has been amended or repealed by a two-thirds vote of each house.          The North Dakota Supreme Court...

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