North Dakota Opiate, Opioid, and Heroin Laws

North Dakota Century Code

Chapter 19-03.1 – Uniform Controlled Substances Act

• N.D.C.C. § 19-03.1-01 (definitions)
• N.D.C.C. § 19-03.1-22.3 (ingesting a controlled substance)
• N.D.C.C. § 19-03.1-22.6 (distribution of illegal drugs – special penalty for death or injury)
• N.D.C.C. § 19-03.1-23 (prohibited acts – penalties)
• N.D.C.C. § 19-03.1-23.1 (increased penalties for aggravating factors in drug offenses)

• 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

• 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

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

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

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.