North Dakota Laws & Penalties


PossessionFOR MORE INFORMATION ON MARIJUANA REFORM http://norml.org/



ffense Penalty Incarceration Max. Fine
Mffense Penalty Incarceration Max. Fine isdemeanor 30 days $ 1,500
More than 1 oz - 500 g Felony 5 years $ 10,000
More than 500 g Felony 10 years $ 20,000
Any amount within 1000 feet of a school Felony 10 years $ 20,000
Sale
Any amount Felony 3* - 10 years $ 20,000
Using a minor Felony 10 years $ 20,000
Any amount within 1000 feet of a school Felony 20 years $ 20,000
* Mandatory minimum sentence for second offense
Cultivation
See Possession section for penalty details.
Hash & Concentrates
Ingesting Misdemeanor 1 year $ 3,000
Possession Felony 5 years $ 10,000
Manufacture or delivery Felony 10 years $ 20,000
Paraphernalia
Possession, manufacture, delivery or advertisement of paraphernalia Misdemeanor 1 year $ 3,000
To a minor Felony 5 years $ 10,000
Miscellaneous
Any conviction requires the offender to undergo a drug addiction evaluation.
Juveniles may have their driver's license suspended for up to 6 months.
Penalty Details
See

North Dakota Century Code 19-03.1-23 Web Search
North Dakota Century Code 12.1-32-01 Web Search
Possession
Possession of 1 ounce [28.35 grams] or less of marijuana is a class B misdemeanor punishable by a maximum imprisonment of 30 days, a fine of one thousand five hundred dollars, or both.

The court, assuming the defendant is not subsequently convicted of another criminal offense within the following two years, will permanently seal convictions for first offenders possessing 1 ounce or less.

Possession of more than 1 ounce but less than 500 grams is a Class C felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

Possession of 500 grams or more of marijuana is a Class B Felony, which is punishable by up to 10 years imprisonment and a fine of up to $20,000.

Possession on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school or a public career and technical education school is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000.

See

North Dakota Century Code 19-03.1-23 Web Search
North Dakota Century Code 19-03.1-23.1 Web Search
North Dakota Century Code 12.1-32-01 Web Search
Sale
The sale of any amount of marijuana is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000. For a second offense there is a minimum term of imprisonment of at least 3 years. For a third or subsequent offense there is a minimum term of imprisonment of at least 10 years.

Sale within 1,000 feet of a school is a class A felony punishable by maximum sentence of 20 years imprisonment and a maximum fine of $20,000.

See

North Dakota Century Code 19-03.1-23 Web Search
North Dakota Century Code 12.1-32-01 Web Search
Cultivation
Cultivation in North Dakota will be punished based upon the aggregate weight of the plants found. See the "Possession" section for further penalty details.

Hash & Concentrates
North Dakota defines hashish as "the resin extracted from any part of the plant cannabis with or without its adhering plant parts, whether growing or not, and every compound, manufacture, salt, derivative, mixture, or preparation of the resin." Hashish is a Schedule I controlled substance.

See

North Dakota Century Code 19-03.1-01(14) Web Search
North Dakota Century Code 19-03.1-05(5)(u) Web Search
Ingesting hashish is a class A misdemeanor punishable by a fine no greater than $3,000 and/or a term of imprisonment no greater than 1 year.

See

North Dakota Century Code 19-03.1-22.3 Web Search
North Dakota Century Code 12.1-32-01(5) Web Search
Possessing any amount of hashish is a class C felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 5 years. Possessing hashish within 1,000 feet of a school or career training center is a class B felony punishable by a fine no greater than $20,000 and/or a term of imprisonment no greater than 10 years.

See

North Dakota Century Code 19-03.1-23(7) Web Search
North Dakota Century Code 12.1-32-01(3),(4) Web Search
Manufacturing, delivering, or possessing with intent to manufacture or deliver hashish is a class B felony punishable by a fine no greater than $20,000 and/or a term of imprisonment no greater than 10 years. A second conviction carries a minimum term of imprisonment of 3 years. A third or subsequent conviction carries a minimum term of imprisonment of 10 years. Manufacturing, delivering or possessing with intent to manufacture or deliver hashish within 1,000 feet of a school or career training center carries a mandatory 8 year term of imprisonment. Delivering hashish to a minor carries a mandatory 8 year term of imprisonment.

See

North Dakota Century Code 19-03.1-23(1)(b) Web Search
North Dakota Century Code 12.1-32-01(3) Web Search
North Dakota Century Code 19-03.1-23(3) Web Search
Paraphernalia
Possession, manufacture, delivery, or advertisement of paraphernalia is a Class A Misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $3,000. Providing paraphernalia to a minor is a Class C Felony, which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

See

North Dakota Century Code 19-03.4-01 Web Search
North Dakota Century Code 19-03.4-06 Web Search
North Dakota Century Code 12.1-32-01(4),(5) Web Search
Miscellaneous
Any conviction requires the offender to undergo a drug addiction evaluation.

If a juvenile is ajudicated delinquent of an offense that would be a class A misdemeanor or a felony if the offense were committeed by an adult, the juvenile court may order the suspension of the juvenile's driving privileges for a period of up to six months for the first offense.

See

North Dakota Century Code 27-20-31.1 Web Search
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.

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