North Dakota Cocaine Laws

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 31, 2024

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North Dakota classifies drugs into five schedules. Cocaine and its derivatives are Schedule II controlled substances under North Dakota law. Schedule II drugs are those that have an accepted medical use but also have a high potential for abuse that could lead to severe dependence.

North Dakota law uses the drug schedule to determine the level of threat each drug poses. Examples of drugs in each schedule are as follows:

  • Schedule I: psilocybin, LSD, cannabis, and some derivatives of opium such as heroin and morphine
  • Schedule II: cocaine, precursors to PCP and methamphetamine, and opiates like codeine, fentanyl, and oxycodone
  • Schedule III: ketamine and anabolic steroids
  • Schedule IV: clonazepam, lorazepam, and propafol
  • Schedule V: gabapentin and ganaxolone

The table below contains information about North Dakota's cocaine laws. See FindLaw's Drug Charges section to learn about other types of drugs and possession of drug crimes.

North Dakota Cocaine Laws Code Sections

North Dakota Century Code

Chapter 19-0.31 - Uniform Controlled Substances Act

North Dakota Possession of a Controlled Substance Penalties
  • Possessing any amount of a controlled substance (or controlled substance analog) without a prescription or doctor's orders is a Class A misdemeanor. For a second or subsequent conviction, it is a Class C felony.
  • If the person commits a possession crime at a school or a government building, they are guilty of a Class B felony.

North Dakota Distribution of Cocaine Penalties

A person is guilty of causing death or injury by distributing cocaine if they willfully deliver it (or supply another to deliver or consume it), and a person dies or is injured from overdosing after consuming a portion of it. A person who violates this law is guilty of a Class A felony.

Aggravating Factors That May Affect A Sentence for Cocaine Offenses Under North Dakota Law

The following aggravating factors apply to controlled substance possession crimes:

  • The person committed the offense during a school-sponsored event, or they committed the offense between 6:00 a.m. and 10:00 p.m. while school is in session
  • The offense involved the manufacture, delivery, or possession of a controlled substance, with the intent to deliver it on or within 300 feet of a school, government building, or a public park
  • The defendant was at least 21 years old at the time of the offense, and the offense involved delivering a controlled substance to a minor
  • The offense involved 50 grams or more of cocaine
  • The offense involved a mixture of a substance weighing 28 grams or more and containing a cocaine base
  • The defendant has actual possession of a firearm during the commission of the offense
  • The defendant sells, distributes, delivers, or conspires to deliver cocaine to a person, which results in the person's death due to their use of the cocaine, and their death would not have occurred in the absence of the defendant's conduct

If an aggravating factor applies, it carries the corresponding penalties to crimes under N.D.C.C. Section 19-03.1-23:

  • A designated Class B felony becomes a Class A felony
  • A designed Class C felony becomes a Class B felony
  • A designated Class A misdemeanor becomes a Class C felony

North Dakota Cocaine Manufacture, Sale, or Intent to Sell Penalties

It is unlawful to willfully manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance or to deliver, distribute, or dispense a controlled substance using the Internet. If the controlled substance at issue is a Schedule I or II narcotic drug, like cocaine, the person is guilty of a Class B felony.

A person who conspires with or employs someone under the age of 18 to aid or assist in the manufacture, delivery, or possession with the intent to manufacture or deliver cocaine is guilty of a Class B felony.

Any person who serves as an agent, intermediary, or other entity and uses the Internet to bring together a buyer and seller in the delivery, distribution, or dispensing of cocaine is guilty of a Class C felony.

Ingesting a Controlled Substance/ Use of Cocaine Penalties

Anyone who intentionally ingests, inhales, injects, or otherwise takes cocaine into their body is guilty of a Class A misdemeanor.

Criminal Penalties for Drug Offenses

N.D.C.C. 12.1-32-01 classifies crimes and penalties as follows:

  • Class A felony: Up to 20 years imprisonment and a fine of up to $20,000
  • Class B felony: Up to 10 years imprisonment and a fine of up to $20,000
  • Class C felony: Up to five years imprisonment and a fine of up to $10,000
  • Class A misdemeanor: Up to 360 days imprisonment and a fine of up to $3,000
  • Class B misdemeanor: Up to 30 days imprisonment and a fine of up to $1,500
  • Infraction: A fine of up to $1,000

Is Drug Court an Option?

Yes. Visit North Dakota's Adult Hybrid DWI/Drug Courts website for more information.

Disclaimer: North Dakota state drug laws may change at any time by enacting newly signed legislation, court decisions, or other means. Contact a North Dakota drug crime attorney or conduct legal research to verify current state laws.

North Dakota Cocaine Laws - Research the Law

The following links provide more information about North Dakota law and drug crimes:

For information about other states' drug laws, visit FindLaw's Official State Codes page.

Issues With Cocaine in North Dakota? Speak With an Attorney

If law enforcement in North Dakota charges you with a controlled substance crime or drug possession charges, contact a criminal defense attorney. An experienced drug crime lawyer can provide critical legal advice regarding pending drug charges. For example, they can provide you with specific legal advice about the following:

Contact a North Dakota drug crime attorney to ensure you receive the best defense possible. Put their knowledge of North Dakota law to work for you.

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  • Complex drug crimes usually require a lawyer
  • Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
  • Drug crime laws involve many specifics that can quickly change a case

Get tailored legal advice and ask a lawyer questions. Many North Dakota attorneys offer free consultations for Drug Crime.

 

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