North Dakota Marijuana Laws

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Marijuana possession, sale, and manufacture are regulated by both state and federal law. In North Dakota, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (N.D. Code Ann. § 19-03.1-05.) Also, while not covered in this article, it is also a crime to drive under the influence of marijuana in North Dakota.

For information about charges and penalties for driving under the influence of marijuana in North Dakota, see Driving Under the Influence of Marijuana in North Dakota.

Marijuana Possession

It is a crime to knowingly or intentionally possess marijuana in North Dakota. Penalties vary according to the amount possessed, with increased penalties for possession within 1,000 feet of a school. (N.D. Code Ann. § 19-03.1-23(7).)

  • Up to one-half of an ounce. Penalties include a fine of up to $1,000, up to 30 days in jail, or both.
  • Between one-half ounce and one ounce. Penalties include a fine of up to $1,000, up to one year in jail, or both.
  • One ounce or more. Penalties include a fine of up to $5,000, up to five years in prison, or both.

Manufacture and Sales

It is illegal to cultivate or sell marijuana in North Dakota. Penalties vary according to the amount cultivated or sold, with increased penalties for sales made within 1,000 feet of a school. It is also illegal to hire or solicit a minor to sell drugs. (N.D. Code Ann. § 19-03.1-23(1).)

  • Up to 100 pounds. Penalties include a fine of up to $10,000, up to ten years in prison, or both.
  • 100 pounds or more. Penalties include a fine of up to $10,000, up to 20 years in prison, or both.
  • Soliciting or employing a minor. Penalties include a fine of up to $10,000, up to ten years in prison, or both.

Drug Paraphernalia

It is illegal in North Dakota to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties include a fine of up to $2,000, up to one year in jail, or both. (N.D. Code Ann. §§ 19-03.4-01 & 19-03.4-03.)

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

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LA-NOLO5:DRU.1.6.3.20141021.28794