Section 19-03.1-23 - Prohibited acts - Penalties1. Except as authorized by this chapter, it is unlawful for a person to willfully, as defined in section 12.1-02-02, manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance, or to deliver, distribute, or dispense a controlled substance by means of the internet, but a person who violates section 12-46-24 or 12-47-21 may not be prosecuted under this subsection. A person who violates this subsection with respect to: a. A controlled substance classified in schedule I or II which is a narcotic drug, or methamphetamine, is guilty of a class B felony.b. Any other controlled substance classified in schedule I, II, or III, or a controlled substance analog, except marijuana or tetrahydrocannabinol is guilty of a class B felony.c. Marijuana, tetrahydrocannabinol, or a substance classified in schedule IV, is guilty of a class C felony.d. A substance classified in schedule V, is guilty of a class A misdemeanor.2. A prior misdemeanor conviction under subsection 7 or a prior conviction under subsection 3 or 4 of section 19-03.4-03 may not be considered a prior offense under subsection 1.3. Except as authorized by this chapter, it is unlawful for any person to willfully, as defined in section 12.1-02-02, create, deliver, distribute, or dispense a counterfeit substance by means of the internet or any other means, or possess with intent to deliver, a counterfeit substance by means of the internet or any other means, but any person who violates section 12-46-24 or 12-47-21 may not be prosecuted under this subsection. Any person who violates this subsection with respect to: a. A counterfeit substance classified in schedule I, II, or III, is guilty of a class B felony.b. A counterfeit substance classified in schedule IV, is guilty of a class C felony.c. A counterfeit substance classified in schedule V, is guilty of a class A misdemeanor.4. A person at least eighteen years of age who solicits, induces, intimidates, employs, hires, or uses a person under eighteen years of age to aid or assist in the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance for the purpose of receiving consideration or payment for the manufacture or delivery of any controlled substance is guilty of a class B felony. It is not a defense to a violation of this subsection that the defendant did not know the age of a person protected under this subsection.5. Except for a prior conviction equivalent to a misdemeanor violation of subsection 7 or a prior conviction under subsection 3 or 4 of section 19-03.4-03, a violation of this title or a law of another state or the federal government which is equivalent to an offense with respect to the manufacture, delivery, or intent to deliver a controlled substance under this title committed while the offender was an adult and which resulted in a plea or finding of guilt must be considered a prior offense under subsection 1. The prior offense must be alleged in the complaint, information, or indictment. The plea or finding of guilt for the prior offense must have occurred before the date of the commission of the offense or offenses charged in the complaint, information, or indictment.6. It is unlawful for a person to willfully, as defined in section 12.1-02-02: a. Serve as an agent, intermediary, or other entity that causes the internet to be used to bring together a buyer and seller to engage in the delivery, distribution, or dispensing of a controlled substance in a manner not authorized by this chapter; orb. Offer to fill or refill a prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire. A person who violates this subsection is guilty of a class C felony.
7.a. It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess a controlled substance or a controlled substance analog unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this chapter, but any person who violates section 12-46-24 or 12-47-21 may not be prosecuted under this subsection.b. Except as otherwise provided in this subsection, any person who violates this subsection is guilty of a class A misdemeanor for the first offense under this subsection and a class C felony for a second or subsequent offense under this subsection.c. If, at the time of the offense the person is in or on the real property comprising a public or private elementary or secondary school or a public career and technical education school, the person is guilty of a class B felony, unless the offense involves marijuana or tetrahydrocannabinol.d. A person who violates this subsection by possessing: (1) Marijuana:(a) In an amount of less than one-half ounce [14.175 grams] is guilty of an infraction.(b) At least one-half ounce [14.175 grams] but not more than 500 grams of marijuana is guilty of a class B misdemeanor.(c) More than 500 grams of marijuana is guilty of a class A misdemeanor.(2) Tetrahydrocannabinol:(a) In an amount less than two grams is guilty of an infraction.(b) At least two grams but not more than six grams of tetrahydrocannabinol is guilty of a class B misdemeanor.(c) More than six grams of tetrahydrocannabinol is guilty of a class A misdemeanor.e. If an individual is sentenced to the legal and physical custody of the department of corrections and rehabilitation under this subsection, the department may place the individual in a drug and alcohol treatment program designated by the department. Upon the successful completion of the drug and alcohol treatment program, the department shall release the individual from imprisonment to begin any court-ordered period of probation.f. If the individual is not subject to any court-ordered probation, the court shall order the individual to serve the remainder of the sentence of imprisonment on supervised probation subject to the terms and conditions imposed by the court.g. Probation under this subsection may include placement in another facility, treatment program, drug court, mental health court, or veterans treatment docket. If an individual is placed in another facility or treatment program upon release from imprisonment, the remainder of the sentence must be considered as time spent in custody.h. An individual incarcerated under this subsection as a result of a second probation revocation is not eligible for release from imprisonment upon the successful completion of treatment. i. A person who violates this subsection regarding possession of five or fewer capsules, pills, or tablets of a schedule II, III, IV, or V controlled substance or controlled substance analog is guilty of a class A misdemeanor.8. Except as provided by section 19-03.1-45, a court may order a person who violates this chapter or chapter 19-03.4 to undergo a drug addiction evaluation by a licensed addiction counselor. The evaluation must indicate the prospects for rehabilitation and whether addiction treatment is required. If ordered, the evaluation must be submitted to the court before imposing punishment for a felony violation or a misdemeanor violation.9. If a person pleads guilty or is found guilty of a first offense regarding possession of one ounce [28.35 grams] or less of marijuana or two grams or less of tetrahydrocannabinol and a judgment of guilt is entered, a court, upon motion, shall seal the court record of that conviction if the person is not subsequently convicted within two years of a further violation of this chapter. Once sealed, the court record may not be opened even by order of the court.10. Upon successful completion of a drug court program, mental health court program, or veterans treatment docket, a person who has been convicted of a felony under this section and sentenced to drug court, mental health court, or veterans treatment docket is deemed to have been convicted of a misdemeanor.11. If a person convicted of a misdemeanor under this section is sentenced to drug court, mental health court, or veterans treatment docket and successfully completes a drug court program, mental health court, or veterans treatment docket, the court shall dismiss the case and seal the file in accordance with section 12.1-32-07.2.12. If an individual under the age of twenty-one pleads guilty or is found guilty of a first offense regarding possession of one-half ounce [14.175 grams] or less of marijuana, the court also may sentence the individual to an evidence-based alcohol and drug education program operated under rules adopted by the department of human services under section 50-06-44. For a second or subsequent offense regarding possession of one-half ounce [14.175 grams] or less of marijuana, the court also shall sentence the individual to an evidence-based alcohol and drug education program operated under rules adopted by the department of health and human services under section 50-06-44.Amended by S.L. 2023 , ch. 132( HB 1138 ), § 2, eff. 8/1/2023.Amended by S.L. 2021 , ch. 175( SB 2283 ), § 3, eff. 8/1/2021.Amended by S.L. 2021 , ch. 176( SB 2264 ), § 2, eff. 8/1/2021.Amended by S.L. 2021 , ch. 110( SB 2246 ), § 2, eff. 8/1/2021.Amended by S.L. 2021 , ch. 172( HB 1213 ), § 5, eff. 5/3/2021.Amended by S.L. 2019 , ch. 186( HB 1050 ), § 3, eff. 8/1/2019.Amended by S.L. 2019 , ch. 188( HB 1164 ), § 2, eff. 8/1/2019.Amended by S.L. 2019 , ch. 187( HB 1183 ), § 2, eff. 8/1/2019.Amended by S.L. 2017 , ch. 164( HB 1269 ), § 6, eff. 8/1/2017.Amended by S.L. 2017, ch. 165 (HB 1341),§ 2, eff. 8/1/2017.Amended by S.L. 2017, ch. 165 (HB 1341),§ 1, eff. 8/1/2017.Amended by S.L. 2017 , ch. 108( HB 1041 ), § 12, eff. 4/21/2017.Amended by S.L. 2015 , ch. 170( HB 1394 ), § 1, eff. 8/1/2015.Amended by S.L. 2013, ch. 183 (HB 1133),§ 6, eff. 4/26/2013.Amended by S.L. 2013, ch. 183 (HB 1133),§ 5, eff. 4/26/2013.Amended by S.L. 2011 , ch. 162( SB 2251 ), § 1, eff. 8/1/2011.