Drug Crimes

You may be charged with a drug crime in North Dakota if you possess, sell, or have intent to sell any controlled substance (illegal drug). You may also be charged if you fail to comply with any rules regarding these illegal drugs. Both possession and distribution of controlled substances can have a devastating impact on your life.

This guide is designed to give you an overview of what it means to be criminally charged for drug possession or sales in North Dakota. It will also provide an overview of defense strategies that may be helpful to you if you find yourself facing a legal threat from a drug possession or sales charge.

North Dakota law prohibits the sale, possession, manufacturing, cultivation, and trafficking of a variety of controlled substances. The chart below lists some of the drugs that are prohibited in North Dakota. However, it is not an exhaustive list. For more information and a full list of illegal controlled substances, please see the North Dakota Century Code Chapter 19-03.1.

Schedule I Drugs

• Opiates (heroin & opium derivatives)

• Fentanyl & fentanyl derivatives

• Methamphetamine & similar stimulants

• GHB & other barbiturates

• Hallucinogenic substances like:

  • LSD & PCP

  • Marijuana

  • Peyote

  • Psilocybin

  • Cannabis and synthetic derivatives

  • MDA, MDMA, PMA, ecstasy

Schedule II Drugs

• Combination Opiates (<15 mg of hydrocodone)

  • Vicodin

  • OxyContin

  • Dilaudid

  • Adderall & ritalin

Schedule III Drugs

• Prescription products (<90 mg of codeine)

  • Tylenol with codeine

  • Anabolic steroids & testosterone

Schedule IV Drugs

North Dakota law is vague in what it classifies as a Schedule IV drug. It states that Schedule IV drugs have a low potential for abuse relative to Schedule III drugs, are accepted for medical use in the US, and may lead to limited physical dependence. ND law doesn’t list specific drugs, but the DEA states this can include:

• Xanax

• Valium

• Ambien

Schedule V Drugs

• Prescription products (<200 mg of codeine).

• Antidiarrheal, antitussive, and analgesic purposes like:

  • Lomotil

  • Robitussin AC

  • Parepectolin

In North Dakota, it is unlawful to manufacture or possess a controlled substance with the intent to distribute the drug to others.

The severity of this crime in North Dakota is based on the drug’s schedule classification listed above.

Possession with the intent to distribute Schedule I, II, or III drugs (excluding marijuana) can face a Class B felony. This charge carries a maximum sentence of 10 years in prison and a $20,000 fine.

Possession with the intent to distribute marijuana or a substance classified as a Schedule IV drug can face a Class C felony. This charge carries a penalty of 5 years in prison and $10,000 fine.

A substance classified in Schedule V, is guilty of a Class A misdemeanor. This carries a penalty of 360 days in jail and up to a $3,000 fine.

It is also illegal in North Dakota to create, deliver, or distribute a counterfeit substance. This means you can be arrested for selling non-illicit substances simply labeled and marketed as controlled substances.

• A counterfeit substance classified in Schedule I, II, or III is guilty of a Class B felony.

• A counterfeit substance classified in Schedule IV is guilty of a Class C felony.

• A counterfeit substance classified in Schedule V is guilty of a Class A misdemeanor.

If the state can prove you employed an individual under the age of 18 to assist in the distribution of a controlled substance, you could face a Class B felony charge that carries an additional 10 years in prison.

It is illegal in North Dakota to possess drugs unless authorized by a doctor. The law breaks down the severity of drug possession charges based on the type of drug, how much is in your possession, and if you have a previous drug conviction.

North Dakota drug laws are extremely complicated. If you have been charged with drug possession, call one of the attorneys at Ringstrom DeKrey to discuss your situation in person.

Any person who violates this law is guilty of a Class A misdemeanor for the first offense and a Class C felony for a second or subsequent offense.

If the individual is caught possessing a controlled substance while on school property, they could face a Class B felony.

Marijuana Possession in North Dakota

As of January 2022, it is illegal in the state of North Dakota to possess marijuana without a prescription. Individual caught with the following amounts could be found guilty of a crime.

• At least one-half ounce (14.175g) but not more than 500g of marijuana is a Class B misdemeanor and could face up to 30 days in jail, a $1,500 fine, or both.

• More than 500g of marijuana is a Class A misdemeanor and could face 360 days in jail and up to a $3,000 fine.

The North Dakota Century Code calls the act of physically taking drugs “analog use.”

This includes the act of ingesting, inhaling, or absorbing drugs into your body. If caught under the influence of an illegal controlled substance, individuals could face a Class A misdemeanor for a first offense and a Class C felony for subsequent offenses.

In the individual is under the age of 21 and is caught under the influence of drugs, they could face a Class B misdemeanor, equaling 30 days in jail, a $1,500 fine, or both.

The North Dakota Century Code has a law surrounding drug paraphernalia that aims to keep others safe from harmful items used to administer drugs.

This law involves the proper disposal of needles. Drug users are expected to dispose of syringes and needles in a way that prevents reuse by any person other than the original user. Individuals who do not follow this statute could face an additional Class A misdemeanor.

There are several activities that can cause your drug charge to be more severe in the eyes of the law. Here are some aggravating factors that could cause harsher penalties.

• Endangerment of Child or Vulnerable Adult - a person who knowingly permits a child or vulnerable adult to be exposed to a controlled substance is guilty of a Class C felony equaling 5 years in prison, a $10,000 fine, or both.

• Bodily Injury to a Child or Vulnerable Adult - if a child or vulnerable adult suffers bodily injury due to the exposure or ingestion of a controlled substance, the negligent individual could face a Class B felony which includes a 10-year prison sentence, a $20,000 fine, or both.

• Death of a Child or Vulnerable Adult - if the child or vulnerable adult dies due to the exposure or ingestion of a controlled substance, the negligent individual could face a Class A felony. Class A felonies could result in 20 years in prison and a fine of $20,000.

• School Hours or School Sponsored Activities - if drugs are possessed or sold on school property or at a school sponsored event, you could face a harsher penalty.

• Possession of a Firearm - having a firearm in your possession at the time of the drug offense will result in a more severe penalty.

• Sale Resulting in Death - if a death or overdose can be directly attributed to the sale of a controlled substance, the individual who sold the substance will face a harsher penalty.