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North Dakota Opiate, Opioid, and Heroin Laws

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.

Heroin, a powerful opioid, is a Schedule I drug under North Dakota and federal law. Other opiates, like fentanyl and oxycodone, are Schedule II drugs under North Dakota state law.

The table below contains additional details of North Dakota's heroin, opiate, and opioid laws. See FindLaw's Drug Charges section to learn more.

North Dakota Heroin, Opiate, and Opioid Code Sections

North Dakota Century Code

Chapter 19-03.1 - Uniform Controlled Substances Act

North Dakota Heroin, Opioid, and Opiate Possession Offenses and Penalties

  • 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
  • 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:
    • First offense: Class A misdemeanor
    • Second or subsequent offense: Class C felony
    • If committed the offense on public property or in a school zone: Class B felony
  • Willful possession with the intent to manufacture or deliver heroin: Class B felony
  • Unless authorized by law, the willful possession with intent to manufacture or deliver opiates and/or opioids: Class B felony
  • 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

North Dakota Heroin, Opiate, or Opioid Manufacturing, Sale, or Intent to Distribute Offenses and Penalties

  • Manufacturing or delivering heroin: Class B felony
  • Unless authorized by law, manufacturing or delivering opioids and/or opiates: Class B felony
  • Delivering, distributing, or dispensing heroin using the internet: Class B felony
  • Creating, delivering, distributing, or dispensing a counterfeit substance: Class B felony
  • Possession with the intent to deliver a counterfeit substance: Class B felony
  • 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
  • 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
    • If the child or vulnerable adult suffers bodily injury due to the exposure: Class B felony
    • If the child or vulnerable adult dies as a result of the contact: Class A felony
  • 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

North Dakota Criminal Penalties for Drug Offenses

N.D.C.C. 12.1-32-01 imposes the following penalties:

  • 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

Possible Additional Penalties for Heroin, Opiate, and Opioid Offenses Under North Dakota Law

Violating N.D.C.C. § 19-03.1-22.3 while engaging in the following may impose additional or more severe penalties:

School-related penalties

  • Committing an offense involving the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance in, on, or within 300 feet of a school
  • Committing an offense during a school-sponsored event or between 6:00 a.m. and 10:00 p.m. if school is in session
  • The defendant was at least 21 years old
  • The offense involved the delivery of heroin, opiates, or opioids to a minor

Public park

  • Committing an offensive involving the manufacture, delivery, or possession with the intent to manufacture or deliver heroin, opioids, or opiates in, on, or within 300 feet of a public park

Drug amounts

  • Committing an offense that involved 50 grams or more of a mixture containing a detectable amount of heroin

Firearm possession

  • The defendant had actual possession of a firearm at the time of the offense

Death of a person

  • Selling, distributing, delivering, or conspiring to deliver heroin, opioids, or opiates to a person who dies as a result of using the controlled substance, and their death would not have occurred in the absence of the defendant's conduct

Penalties

  • If the penalty was a Class B felony, it becomes a Class A felony
  • If the penalty was a Class C felony, it becomes a Class B felony
  • If the penalty was a Class A misdemeanor, it becomes a Class C felony

Is Drug Court an Option?

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 to learn more.

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

Related Resources

Consider browsing the following links for more information about North Dakota law and drug crimes:

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

Facing Heroin, Opiate, or Opioid Charges in North Dakota? An Attorney Can Help

If law enforcement officials arrest you for possession of a controlled substance like heroin, methamphetamine, or cannabis, contact a North Dakota drug crime lawyer. An experienced attorney can provide helpful legal advice that could make a difference in your criminal case. For example, they can provide information about the following:

  • The differences in criminal penalties for possession or distribution of Schedule III, Schedule IV, or Schedule V drugs
  • How a prior criminal history involving different types of drugs may affect criminal sentencing
  • Specific defense strategies for offenses involving controlled substances

For more information and legal help, contact a drug crime attorney. Get a skilled legal advocate in your corner.

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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

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