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North Dakota Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Less than 1/2 oz misdemeanor 30 days $ 1,000
Less than 1/2 oz while operating a motor vehicle misdemeanor 1 year $ 1,000
1/2 - 1 oz misdemeanor 1 year $ 1,000
1 oz - 500 g felony 5 years $ 5,000
More than 500 g felony 10 years $ 10,000

Sale

100 lbs or less felony 10 years $ 10,000
100 lbs or more felony 20 years $ 10,000
Within 1000 feet of a school carries increased length of imprisonment and fine.

Cultivation

See Possession section for penalty details.

Hash & Concentrates

Ingesting misdemeanor 1 year $ 2,000
Possession felony 5 years $ 5,000
Manufacture or delivery felony 10 years $ 10,000

Paraphernalia

Possession, manufacture, or delivery of paraphernalia misdemeanor 1 year $ 1,000
To a minor felony 5 years $ 5,000
Within 1000 feet of a school carries increased length of imprisonment and fine.

Miscellaneous

Any conviction requires the offender to undergo a drug addiction evaluation.
Juveniles may have their driver's license suspended for up to 6 mos.

Penalty Details

See:

  • North Dakota Century Code 19-03.1-23
  • North Dakota Century Code 12.1-32-01

Possession

Possession of less than half an ounce is a Class B misdemeanor punishable by a maximum sentence of 30 days imprisonment and a maximum fine of $1,000.*

Possession of less than half an ounce while operating a motor vehicle is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.*

Possession of half an ounce - 1 ounce is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.*

* First convictions can be removed from one's criminal record after 2 years if there are no further criminal violations.

Possession of more than an 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 $5,000.

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 $10,000.

See:

  • North Dakota Century Code 19-03.1-23
  • North Dakota Century Code 12.1-32-01

Sale

The sale of 100 lbs. or less is a Class B felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $10,000.

The sale of 100 lbs. or more is a Class A felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $10,000.

Sale within 1,000 feet of a school is a felony that carries with it an increased penalty for the length of imprisonment and the fine to be paid.

See:

  • North Dakota Century Code 19-03.1-23
  • North Dakota Century Code 12.1-32-01

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)
  • North Dakota Century Code 19-03.1-05(5)(u)

Ingesting hashish is a class A misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See:

  • North Dakota Century Code 19-03.1-22.3
  • North Dakota Century Code 12.1-32-01(5)

Possessing any amount of hashish is a class C felony punishable by a fine no greater than $5,000 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 $10,000 and/or a term of imprisonment no greater than 10 years.

See:

  • North Dakota Century Code 19-03.1-23(7)
  • North Dakota Century Code 12.1-32-01(3),(4)

Manufacturing, delivering, or possessing with intent to manufacture or deliver hashish is a class B felony punishable by a fine no greater than $10,000 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)
  • North Dakota Century Code 12.1-32-01(3)
  • North Dakota Century Code 19-03.1-23(3)

Any device or equipment used to create hashish is considered drug paraphernalia. Manufacturing, delivering, or possessing any such device or equipment is a class C felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 5 years. Delivering any such device or equipment to a minor is a class C felony punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 5 years. Advertising any such device or equipment is a class A misdemeanor punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 1 year.

See:

  • North Dakota Century Code 19-03.4-01(13)
  • North Dakota Century Code 19-03.4-03
  • North Dakota Century Code 19-03.4-04
  • North Dakota Century Code 19-03.4-05
  • North Dakota Century Code 19-03.4-06
  • North Dakota Century Code 12.1-32-01(4),(5)

Paraphernalia

Possession, manufacture, or delivery of paraphernalia is a Class A Misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000. 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 $5,000.

See:

  • North Dakota Century Code 19-03.4-01
  • North Dakota Century Code 19-03.4-06

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
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.






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