North Dakota Drug Laws: Penalties, Charges & Treatment Options

North Dakota regulates controlled substances under the Uniform Controlled Substances Act (N.D.C.C. Chapter 19-03.1). The state classifies drugs into five schedules based on their potential for abuse, accepted medical use, and potential for dependence. North Dakota has adopted a dual approach that maintains strict felony penalties for manufacturing, delivery, and trafficking while gradually shifting toward treatment-oriented responses for simple possession offenses.

In recent years, the state has enacted several notable reforms. In 2019, Governor Burgum signed HB 1050, which decriminalized possession of less than half an ounce of marijuana to an infraction, and HB 1183, which eliminated mandatory minimum sentences for repeat drug manufacturing and delivery offenses. North Dakota voters approved medical marijuana in 2016 through Initiated Measure 5 (the Compassionate Care Act), though recreational marijuana has been rejected by voters twice, most recently in 2024.

The state uses a felony classification system for drug offenses: Class A felonies carry up to 20 years in prison, Class B felonies up to 10 years, and Class C felonies up to 5 years (N.D.C.C. § 12.1-32-01). North Dakota also has a robust Good Samaritan law, expanded naloxone access, and drug court programs designed to divert non-violent offenders into treatment rather than incarceration.

North Dakota's drug possession penalties are governed by N.D.C.C. § 19-03.1-23 (Prohibited Acts – Penalties). The state distinguishes between simple possession and possession with intent to deliver, with escalating penalties based on the drug schedule and prior offenses.

Simple Possession

Under N.D.C.C. § 19-03.1-23(8), a person who possesses a controlled substance in violation of the Uniform Controlled Substances Act is guilty of a Class A misdemeanor for a first offense, punishable by up to 360 days in jail and a fine of up to $3,000. A second or subsequent offense is a Class C felony, carrying up to 5 years in prison and a fine of up to $10,000.

Reduced Penalty for Small Quantities

A person who possesses five or fewer capsules, pills, or tablets of a Schedule II, III, IV, or V controlled substance is guilty of a Class A misdemeanor regardless of prior offenses, providing a safety valve for small-quantity possession cases.

Marijuana Possession (Decriminalized for Small Amounts)

Under HB 1050 (2019), possession of less than half an ounce (14 grams) of marijuana is an infraction punishable by a fine of up to $1,000, with no jail time. Possession of 1/2 ounce to 500 grams is a Class B misdemeanor (up to 30 days jail, $1,500 fine). Possession of more than 500 grams is a Class A misdemeanor (up to 360 days, $3,000 fine).

Ingesting a Controlled Substance

Under N.D.C.C. § 19-03.1-22.3, a person who ingests a controlled substance (unless lawfully prescribed or administered) is guilty of a Class A misdemeanor for a first offense and a Class C felony for a subsequent offense.

Aggravating Factors

Under N.D.C.C. § 19-03.1-23.1, penalties are increased when drug offenses occur within 1,000 feet of a school, involve a minor, or the offender possesses a firearm. These aggravating factors can elevate the offense by one felony class.

North Dakota prohibits driving under the influence of alcohol, drugs, or any combination under N.D.C.C. § 39-08-01. A person is guilty of DUI if they operate or are in actual physical control of a vehicle while under the influence of any drug or substance to a degree that renders them incapable of safely driving.

Criminal Penalties

• 1st offense (within 5 years): Class B misdemeanor – minimum $250 fine; addiction evaluation required; up to 30 days jail.
• 2nd offense (within 5 years): Class B misdemeanor – minimum 5 days imprisonment (or 30 days community service); minimum $500 fine; addiction evaluation required.
• 3rd offense (within 5 years): Class A misdemeanor – minimum 60 days imprisonment (48 hours consecutive); minimum $1,000 fine; addiction evaluation required.
• 4th offense (within 7 years): Class A misdemeanor – minimum 120 days imprisonment; $1,000 fine; addiction evaluation required.
• 5th or subsequent offense (within 7 years): Class C felony – minimum 180 days imprisonment (48 hours consecutive); minimum $1,000 fine; addiction evaluation required.

Administrative Penalties

Under N.D.C.C. § 39-20-04.1, refusal to submit to a chemical test results in license revocation for 180 days (1st offense), 2 years (2nd offense), or 3 years (3rd or subsequent offense). The state also imposes 24/7 Sobriety Program participation as a condition of bond or probation in many cases.

Implied Consent

Under N.D.C.C. § 39-20-01, any person who operates a motor vehicle in North Dakota is deemed to have given consent to a chemical test of blood, breath, saliva, or urine for the purpose of determining alcohol or drug content.

North Dakota has expanded access to naloxone (Narcan), the opioid overdose reversal medication, through several legal and programmatic mechanisms.

Pharmacist Prescriptive Authority

Under North Dakota law, the Board of Pharmacy has established rules granting pharmacists limited prescriptive authority to provide naloxone rescue kits for the treatment of opioid overdoses. This allows individuals to obtain naloxone directly from a pharmacy without a prior prescription from a physician.

Statewide Standing Order

North Dakota has a statewide standing order that enables Medicaid-enrolled pharmacies to dispense over-the-counter naloxone products at no cost to Medicaid members. The standing order is issued in partnership with the North Dakota Board of Pharmacy and is renewed annually.

Distribution Channels

Naloxone is available through multiple channels in North Dakota:

• Licensed pharmacies (with or without a prescription);
• Public health units across the state;
• Primary care providers;
• Opioid treatment programs and harm reduction organizations;
• The North Dakota Department of Health and Human Services (contact: 701-328-8920).

Immunity for Administration

North Dakota law provides civil and criminal immunity to individuals who administer naloxone in good faith to a person believed to be experiencing an opioid overdose, as well as to prescribers who issue naloxone prescriptions or standing orders.

North Dakota operates several types of treatment courts designed to address the root causes of substance abuse-related criminal behavior as an alternative to traditional incarceration.

Adult Drug Courts

North Dakota's Adult Drug Court is a court-supervised, treatment-oriented program that targets willing high-risk, high-need participants whose major problems stem from substance use disorders. The program is voluntary and includes regular court appearances before a drug court judge, intensive probation supervision, drug testing between one and five times per week, and treatment sessions three nights per week.

DWI Courts

North Dakota also operates Adult Hybrid DWI/Drug Courts that combine elements of DWI and drug court programming for individuals with co-occurring substance use and impaired driving charges.

Juvenile Treatment Courts

The Juvenile Drug Court (JDC) is a post-adjudication program with a minimum duration of nine months. Upon successful completion, the petition may be dismissed. The program targets youth with alcohol and drug-using delinquent behavior through intensive supervision and participation in recovery services.

Program Outcomes

North Dakota drug courts report an approximate 60% success rate among participants. Successful completion of the program (typically a minimum of 18 months for adults) can lead to discharge from probation with charges amended to lesser offenses, or charges may be set aside or sealed entirely. The North Dakota legislature has invested $7 million to divert funding from prison bed expansion into drug treatment programs.

North Dakota has significantly reformed its mandatory minimum sentencing laws for drug offenses in recent years.

2019 Reform: HB 1183

In 2019, Governor Doug Burgum signed House Bill 1183 as the first bill of the 2019 legislative session. This landmark legislation removed mandatory minimum sentences for second and subsequent offenses of manufacturing, delivering, or possessing with intent to manufacture or deliver controlled substances. Prior to this reform, repeat drug delivery offenses carried mandatory prison terms that judges could not deviate from.

Current Sentencing Framework

Under N.D.C.C. § 12.1-32-01, felony sentencing ranges for drug offenses are:

• Class A Felony: Up to 20 years imprisonment and $20,000 fine.
• Class B Felony: Up to 10 years imprisonment and $20,000 fine.
• Class C Felony: Up to 5 years imprisonment and $10,000 fine.
• Class A Misdemeanor: Up to 360 days imprisonment and $3,000 fine.
• Class B Misdemeanor: Up to 30 days imprisonment and $1,500 fine.

Remaining Mandatory Provisions

While HB 1183 removed most drug-specific mandatory minimums, certain DUI/DWI offenses under N.D.C.C. § 39-08-01 still carry mandatory minimum jail terms (e.g., 5 days for a 2nd DUI, 60 days for a 3rd, 180 days for a 5th or subsequent). The court retains discretion for most drug-specific offenses.

North Dakota offers several treatment-based alternatives to incarceration for individuals charged with drug offenses.

Drug Court Programs

North Dakota's drug courts provide intensive, court-supervised treatment lasting a minimum of 18 months. Participants receive weekly probation meetings, frequent drug testing, and mandatory treatment sessions. Successful completion can result in charges being reduced, set aside, or sealed.

Deferred Imposition of Sentence

Under N.D.C.C. § 12.1-32-07.2, courts may defer imposition of sentence for eligible defendants. If the defendant successfully completes probation with treatment, the conviction may be set aside and the case dismissed, leaving the individual without a felony record.

Behavioral Health Division Programs

The North Dakota Department of Health and Human Services, Behavioral Health Division, coordinates substance use disorder treatment services statewide, including:

• Residential treatment programs;
• Intensive outpatient treatment (IOP);
• Medication-assisted treatment (MAT) for opioid use disorders;
• Recovery support services and peer support;
• The 988 Suicide and Crisis Lifeline for immediate crisis intervention.

24/7 Sobriety Program

North Dakota participates in the 24/7 Sobriety Program, which requires participants (typically DUI offenders) to undergo twice-daily alcohol testing or wear continuous alcohol monitoring devices. The program serves as a condition of bond or probation and is designed to reduce repeat offenses.

Free Through Recovery

North Dakota's Free Through Recovery program connects individuals in the criminal justice system with community-based behavioral health services, including substance use disorder treatment and mental health services. The program is administered through the Department of Health and Human Services.

North Dakota has enacted several significant drug law reforms in recent years:

Medical Marijuana Edibles – HB 1203 (2025)

Governor signed HB 1203, legalizing cannabinoid edible products for registered medical marijuana patients. Products must be hard or soft lozenges in a square shape, containing no more than 5 mg of THC per serving and 50 mg per package.

Medical Card Duration – SB 2294 (2025)

Extended medical marijuana registration card validity from 1 year to 2 years and increased the registration fee from $25 to $40. The bill also bars health care providers from recommending shorter validity periods.

Marijuana Decriminalization – HB 1050 (2019)

Reduced possession of less than half an ounce of marijuana from a misdemeanor to an infraction (fine up to $1,000, no jail time) for adults 21 and over. This was the first decriminalization measure in North Dakota history.

Mandatory Minimum Reform – HB 1183 (2019)

Eliminated mandatory minimum prison sentences for repeat offenses of manufacturing, delivering, or possessing with intent to deliver controlled substances, granting judges full sentencing discretion within the statutory maximum.

Good Samaritan Law Updates (2023)

The legislature updated the Good Samaritan law to remove the cap on the number of individuals who may receive immunity per overdose incident (previously limited to three).

Fentanyl Response – SB 2248 (2023)

Introduced enhanced penalties for willful delivery of controlled substances resulting in death or serious injury, expanded prosecutorial venue options, and allocated $1.5 million from the opioid settlement fund for a public awareness campaign on fentanyl dangers.

Recreational Marijuana Rejected (2024)

Measure 5, an initiative to legalize recreational marijuana, failed at the ballot with approximately 53% of voters rejecting it. This was the second time North Dakota voters rejected recreational legalization.