If a jury convicts you of a drug crime, you can face a lengthy prison term and a hefty fine. Moreover, a North Dakota drug conviction can result in the loss of your:
- Right to own a firearm,
- Ability to rent an apartment
- Entitlement to receive public services, and
- Eligibility to work for the government.
Therefore, a North Dakota drug conviction has severe lifelong collateral consequences.
However, a North Dakota drug crime lawyer can help you avoid these harsh penalties by aggressively defending your rights.
The Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka has successfully represented many clients facing drug charges.
We are drug defense lawyers in Fargo who have a history of protecting our clients from the harsh penalties of a drug conviction.
What Drugs Are Illegal in North Dakota?
Despite a wave of marijuana legalization sweeping the nation, it is still illegal to possess small amounts of marijuana in North Dakota.
Therefore, charges can range from possession of marijuana to sales of heroin and fentanyl. Also, punishments can range from a mere fine to 20 years in prison.
North Dakota prohibits the possession, manufacture, and sale of:
- Heroin (and other opiates),
- Crystal meth (methamphetamine),
- MDA (MDMA, PMA, ecstasy), and
- Prescription opiates (Vicodin, oxy, oxycontin, Adderall, Ritalin).
This list is not comprehensive. A drug crime defense attorney can walk you through the complete list found in Chapter 19-03.1 of the North Dakota Statutes under controlled substance schedules I, II, III, IV, and V.
Is It Illegal to Use a Controlled Substance?
Yes. In North Dakota, it is a crime to intentionally take into the body (inhale, inject, ingest) a controlled substance without a prescription.
Ingestion of a controlled substance is a class A misdemeanor. If convicted, you can face 360 days in jail and a $3,000 fine.
Nevertheless, the statute has some caveats. For example, if you are over 21, it is not a crime to ingest marijuana in North Dakota.
However, if you are under 21, ingesting marijuana is a class B misdemeanor. A class B misdemeanor carries a maximum of 30 days in jail and a fine of up to $1,000.
Possession of Controlled Substances
In North Dakota, it is illegal to possess controlled substances. First offense possession is a class A misdemeanor.
Thus, you can face 360 days in jail and a $3,000 fine. However, if convicted of a second or subsequent offense, the court can sentence you to the punishment of a class C felony.
A class C felony carries up to five years in state prison and a maximum fine of $10,000.
Nonetheless, the legislature did carve out an exception for weed. Possession of small amounts of marijuana is an infraction.
An infraction carries a maximum fine of $1,000. However, subsequent convictions can be sentenced as a class B misdemeanor.
Possession of one-half ounce to 500 grams of marijuana is a class B misdemeanor. A class B misdemeanor carries a maximum penalty of 30 days in jail and a fine of up to $1,500.
In comparison, possession of more than 500 grams of marijuana is a class A misdemeanor.
Distribution of Controlled Substances
In North Dakota, it is a crime to manufacture, deliver, or distribute controlled substances. It is also a crime to possess controlled substances with the intent to distribute.
A distribution conviction can range from a class A misdemeanor to a class B felony. A class B felony conviction carries up to ten years imprisonment and a maximum fine of $20,000.
The difference between a felony and misdemeanor charge depends on the drug type and whether there are aggravating factors.
For example, if you employ a minor in a drug distribution scheme, the state can charge you with a class B felony. In contrast, the distribution of schedule V drugs is a class A misdemeanor.