Being convicted of a drug offense in North Dakota can mean paying a hefty fine and facing jail time. While the penalties depend on the specifics of your charges, the state’s system for determining charges is relatively straightforward. For North Dakota residents, understanding this system and its main categories is vital.
Possession
Almost all drug charges in North Dakota involve some variation of possession of a controlled substance. Unlike most other states, though, the type of drugs you possess is generally not as relevant under North Dakota drug laws.
For example, possession of heroin is often punished as equally as the illegal possession of certain prescription drugs. Instead, the most important factor for determining the penalties associated with possession charges in North Dakota tends to be how often you have been previously convicted of possession.
The first offense for drug possession is classified as a class A misdemeanor. The state can penalize you with as much as 360 days of jail time and a fine of up to $3,000 for this charge. If you offend again, you can be charged with a class C felony, which can result in a sentence of up to five years in prison and a fine of up to $10,000.
However, if your later offense involved five or fewer pills of any but the most dangerous drugs, you may only be charged with a class A misdemeanor.
Marijuana and THC Concentrates
An exception to this disregard for the type of drug possessed involves marijuana and THC concentrates. If you are found in possession of less than a half ounce of marijuana or less than two grams of THC concentrate, you will usually only be charged with an infraction. An infraction is an offense that is only punishable by a fine and can never result in jail time.
If you have between a half-ounce and 500 grams of marijuana or more than 2 grams of THC concentrate, though, you can be charged with a class B misdemeanor. The maximum penalty for this charge is 30 days of jail time and a $1,500 fine.
Finally, if you possess more than 500 grams of marijuana, you can be charged with a class A misdemeanor. However, unlike the other types of possession, there are no increased penalties for being a repeat offender when it comes to marijuana.
Enhanced Drug Possession Offenses
When charged with drug possession, you might also face enhancements that can increase the classification of your charge.
Drugs on School Grounds
If you are charged with possession of any drug other than marijuana while on school grounds, even if you are a first-time offender, the classification of your charge can significantly increase. You will often be charged with a class B felony.
This charge can result in a prison sentence of up to 10 years and a fine as high as $20,000. You should contact an experienced criminal defense lawyer immediately if you’re charged with this offense.
Drugs and Firearms at the Same Time
Possessing a firearm while illegally possessing drugs can also influence your charges. Even if you legally own the firearm, your drug possession charges can be increased by one offense level. This can potentially heighten a misdemeanor charge to a felony charge.
Significant Quantities of Schedule I and II Drugs
This enhancement is another exception to North Dakota law’s typical stance on the quantity or type of drug. If you are found in possession of high quantities of the most dangerous types of drugs, the classification of your offense may be increased by one level, just as if you possessed a firearm.
What counts as a high quantity is different for every type of drug. Our criminal defense lawyers can determine whether you are at risk of enhanced charges and how you can potentially fight them.
Using Illegal Drugs
The state can charge you with a crime if it can prove that you used illegal drugs. For any drug other than marijuana or THC concentrate, usage is a class A misdemeanor. However, for those two drugs, usage is only illegal if you are under 21. If you are, then you can be charged with a class B misdemeanor.
Contact a Skilled Criminal Defense Lawyer Today
If you have been arrested for possession or usage in North Dakota, you need a seasoned legal advocate on your side. Contact Heartland Law Office PC immediately to find out how our knowledgeable team can protect your future.