Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Heroin is a powerful narcotic derived from the opium poppy, which has a very high potential for abuse and addiction. The drug, illegal under federal and all state laws, is classified as a Schedule I drug under federal law and most state laws, which means heroin-related offenses tend to be punished quite severely. Even simple possession of a tiny amount of heroin is punishable by prison time in many states, but an increasing number of states has introduced "drug courts" to assess treatment options for addicts instead of prison for minor offenses.
Possession of heroin in North Dakota -- regardless of how small an amount it is -- may be charged as a Class C felony, punishable by up to five years in prison. The penalty doubles to 10 years in prison (Class B felony) if the offense occurs within 1000 of a school. The state has mandatory minimum sentences for some offenses, including a five-year minimum for a second conviction for selling heroin.
North Dakota's drug courts provide an alternative to incarceration for non-violent drug offenders who agree to plead guilty and undergo treatment. The 12-month program is split into three phases, which involve participation in a 12-step program, regular drug and alcohol testing, and other requirements. See the North Dakota Department of Correction's Drug Court section to learn more.
Additional details of North Dakota's heroin laws are listed in the table below. See FindLaw's Drug Charges section to learn more.
| Code Section | 19-03.1-01, et seq. |
| Possession | Class C felony; Within 1000 ft. of school: Class B felony |
| Manufacturing, Sale, or Intent to Distribute |
Class A felony: up to 20 yrs. and up to $10,000 (but at least 1 yr.); 2nd offense: at least 5 yrs.; 3rd offense: 20 yrs.; If over 50 g.: Class AA felony (up to life imprisonment); Within 1000 ft. of school or to minor or delivery to a minor by an 18 year old: at least 4 yrs.; Subsequent offense: 8 yrs. |
| Trafficking | - |
| Is Drug Court an Option? |
Yes (see North Dakota Parole and Probation Services to learn more) |
Note: State laws may change at any time through the enactment of new legislation, decisions from higher courts, and other means. You may want to contact a North Dakota drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.
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