{"id":375549,"date":"2016-03-31T21:36:18","date_gmt":"2016-04-01T02:36:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-dakota-law\/north-dakota-heroin-laws.html"},"modified":"2024-10-30T17:27:01","modified_gmt":"2024-10-30T22:27:01","slug":"north-dakota-heroin-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-dakota-law\/north-dakota-heroin-laws.html","title":{"rendered":"North Dakota Opiate, Opioid, and Heroin Laws"},"content":{"rendered":"\n
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North Dakota Opiate, Opioid, and Heroin Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

North Dakota classifies all controlled substances into one of five schedules. Schedule I drugs are those that have a high potential for abuse and no accepted medical use. Schedule II controlled substances also have a high potential for abuse and dependence, but they have some limited accepted medical uses.<\/p>\r\n

Heroin, a powerful opioid, is a Schedule I drug<\/a> under North Dakota and federal law. Other opiates, like fentanyl and oxycodone, are Schedule II drugs<\/a> under North Dakota state law.<\/p>\r\n

The table below contains additional details of North Dakota’s heroin, opiate, and opioid laws. See FindLaw’s Drug Charges<\/a> section to learn more.<\/p>\r\n\r\n

North Dakota Heroin, Opiate, and Opioid Code Sections<\/b><\/p>\r\n<\/th>\r\n

North Dakota Century Code<\/b><\/p>\r\n

Chapter 19-03.1 – Uniform Controlled Substances Act<\/u><\/p>\r\n

North Dakota Heroin, Opioid, and Opiate Possession Offenses and Penalties<\/b><\/p>\r\n<\/th>\r\n

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  • The intentional ingestion, inhalation, injection, or otherwise taking into the body of heroin, opioids, or opiates (unless they obtained from a practitioner or under a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice): Class A misdemeanor<\/b><\/li>\r\n
  • Willful possession of heroin, opioids, or opiates (or a controlled substance analog) unless they obtained it from or under a valid prescription from an authorized practitioner who acted in the court of their professional practice:
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    • First offense: Class A misdemeanor<\/b><\/li>\r\n
    • Second or subsequent offense: Class C felony<\/b><\/li>\r\n
    • If committed the offense on public property or in a school zone: Class B felony<\/b><\/li>\r\n<\/ul>\r\n<\/li>\r\n
    • Willful possession with the intent to manufacture or deliver heroin: Class B felony<\/b><\/li>\r\n
    • Unless authorized by law, the willful possession with intent to manufacture or deliver opiates and\/or opioids: Class B felony<\/b><\/li>\r\n
    • Employing, soliciting, or otherwise using a person under the age of 18 to aid or assist in the possession with the intent to manufacture or deliver heroin, opioids, or opiates: Class B felony<\/b><\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

North Dakota Heroin, Opiate, or Opioid Manufacturing, Sale, or Intent to Distribute Offenses and Penalties<\/b><\/p>\r\n<\/th>\r\n

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  • Manufacturing or delivering heroin: Class B felony<\/b><\/li>\r\n
  • Unless authorized by law, manufacturing or delivering opioids and\/or opiates: <\/span>Class B felony<\/b><\/li>\r\n
  • Delivering, distributing, or dispensing heroin using the internet: Class B felony<\/b><\/li>\r\n
  • Creating, delivering, distributing, or dispensing a counterfeit substance: Class B felony<\/b><\/li>\r\n
  • Possession with the intent to deliver a counterfeit substance: Class B felony<\/b><\/li>\r\n
  • Employing, soliciting, or otherwise using a person under the age of 18 to aid or assist in the manufacture or delivery of heroin, opioids, or opiates: Class B felony<\/b><\/li>\r\n
  • Causing or allowing a child or vulnerable adult to be exposed to, ingest or inhale, or to have contact with heroin, opioids, opiates, a controlled substance, chemical substance, or drug paraphernalia: Class C felony<\/b>
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    • If the child or vulnerable adult suffers bodily injury due to the exposure: Class B felony<\/b><\/li>\r\n
    • If the child or vulnerable adult dies as a result of the contact: Class A felony<\/b><\/li>\r\n<\/ul>\r\n<\/li>\r\n
    • Delivering or supplying another to deliver or consume heroin, opioids, or opiates, and the person who consumed a portion of it dies or is injured from it: Class A felony<\/b><\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

North Dakota Criminal Penalties for Drug Offenses<\/b><\/p>\r\n<\/th>\r\n

N.D.C.C. 12.1-32-01<\/a> imposes the following penalties:<\/p>\r\n

Possible Additional Penalties for Heroin, Opiate, and Opioid Offenses Under North Dakota Law<\/b><\/p>\r\n<\/th>\r\n

Violating N.D.C.C. \u00a7 19-03.1-22.3<\/a> while engaging in the following may impose additional or more severe penalties:<\/p>\r\n

School-related penalties<\/b><\/p>\r\n

Is Drug Court an Option?<\/b><\/p>\r\n<\/th>\r\n

Yes. If someone convicted of a controlled substance felony completes a drug court or mental health court program, the state will deem them to have been convicted of a misdemeanor. A person convicted of a misdemeanor who completes one of those programs may have their case dismissed. Visit North Dakota Parole and Probation Services<\/a> to learn more.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> North Dakota state laws change through the enactment of new legislation, decisions from higher courts, and other means. Contact a <\/i>North Dakota drug crime attorney<\/i><\/a> or conduct your own legal research to confirm current state law.<\/i><\/p>\r\n

Related Resources<\/b><\/h2>\r\n

Consider browsing the following links for more information about North Dakota law and drug crimes:<\/p>\r\n