North Dakota Controlled Substance Laws and Penalties

North Dakota’s controlled substance laws and penalties run from a $1,000 infraction fine for a small amount of marijuana all the way to a Class B felony carrying up to ten years in prison and a $20,000 fine for manufacturing harder drugs. Where a case lands depends on three things: which schedule the drug falls into, the amount involved, and the conduct charged (simple possession, distribution, or paraphernalia). Prior convictions, school property, and firearms can each push a charge up a level, sometimes dramatically.

The Five Schedules and Why They Matter

North Dakota’s Uniform Controlled Substances Act sorts drugs into five schedules based on abuse potential, accepted medical use, and safety under medical supervision.¹ The system tracks the federal Controlled Substances Act, and the North Dakota Board of Pharmacy has the authority to add, delete, or reschedule substances.

Schedule I: high abuse potential, no accepted medical use. Heroin, LSD, and psilocybin.
Schedule II: high abuse potential with accepted medical use under strict restrictions. Methamphetamine, fentanyl, oxycodone, cocaine.
Schedule III: moderate abuse potential. Anabolic steroids, ketamine, and certain combination products with limited codeine.
Schedule IV: lower abuse potential. Benzodiazepines like diazepam and alprazolam, and sleep aids like zolpidem.
Schedule V: lowest abuse potential. Cough preparations containing small quantities of codeine and similar medications.

The schedule directly determines the offense class when someone is charged. Manufacturing a Schedule I narcotic is a Class B felony; the same act with a Schedule V substance is a Class A misdemeanor. This distinction runs through every part of North Dakota drug law.

Marijuana and THC Possession

Marijuana and THC sit in their own tiered penalty scheme, considerably lighter than the rules for other controlled substances. In 2019, the state reduced possession of a small amount of marijuana from a misdemeanor to a non-criminal infraction.

By weight, marijuana possession is punished as follows:¹

Less than half an ounce (14.175 grams): infraction, no jail time, maximum $1,000 fine.
Half an ounce to 500 grams: Class B misdemeanor, up to 30 days in jail and a $1,500 fine.²
More than 500 grams: Class A misdemeanor, up to 360 days in jail and a $3,000 fine.²

THC products (concentrates, edibles, and similar extracts) follow a separate weight scale:¹

Less than 2 grams: infraction.
2 to 6 grams: Class B misdemeanor.
More than 6 grams: Class A misdemeanor.

An infraction is not a criminal conviction. A person cited for a few grams of marijuana pays a fine similar to a traffic violation rather than facing a criminal prosecution.

Possessing Other Controlled Substances

Outside of marijuana and THC, possession penalties escalate quickly. A first offense of possessing any controlled substance without a valid prescription is a Class A misdemeanor, punishable by up to 360 days in jail and a $3,000 fine.¹²

A second or subsequent possession conviction jumps to a Class C felony: up to five years in prison and a $10,000 fine.¹ The prior does not have to come from North Dakota. An equivalent conviction in any state or federal court counts. A single misdemeanor drug conviction from years ago in another state can turn what looks like a misdemeanor case into a felony.

Location can also change the class. Possessing a non-marijuana controlled substance on the grounds of a public or private elementary, secondary, or career and technical education school is automatically a Class B felony (up to 10 years in prison and a $20,000 fine), regardless of whether it is a first offense.¹²

Manufacturing, Delivery, and Possession With Intent

Manufacturing, delivering, or possessing a controlled substance with intent to distribute carries the harshest penalties in the code. The class turns on the schedule:¹

Schedule I or II narcotics, or methamphetamine: Class B felony, up to 10 years and a $20,000 fine.²
Other Schedule I, II, or III substances (except marijuana/THC): Class B felony, same maximums.
Marijuana, THC, or Schedule IV substances: Class C felony, up to 5 years and a $10,000 fine.²
Schedule V substances: Class A misdemeanor, up to 360 days and a $3,000 fine.

Courts separate possession from distribution using more than the drug itself. Quantity, packaging materials, scales, large amounts of cash, and communication records all factor in.

Methamphetamine cases carry an added trap: possessing precursor chemicals or manufacturing equipment can itself be charged as a distribution-related offense, before any finished product exists. Involvement at any stage of the production chain creates serious felony exposure.

Drug Paraphernalia Penalties

Paraphernalia has its own chapter, and the class depends on the substance the item is tied to and how it is used.³

For paraphernalia tied to non-marijuana controlled substances (Schedules I through III):

Possessing paraphernalia for producing or processing drugs: Class C felony.
Possessing paraphernalia for personal use (injecting, inhaling): Class A misdemeanor on a first offense. A second or subsequent conviction is a Class C felony.
Delivering or manufacturing paraphernalia: Class C felony.

Marijuana and THC paraphernalia is treated more lightly:

Possessing paraphernalia for growing or producing marijuana: Class A misdemeanor.
Possessing paraphernalia for personal marijuana use or storage: infraction.
Delivering marijuana paraphernalia: Class A misdemeanor.

Delivering any drug paraphernalia to someone under 18 who is at least three years younger than the person delivering it is automatically a Class C felony.³ The three-year age gap is what triggers this enhancement.

Armed Offender Enhancement

North Dakota generally forbids mandatory minimum prison terms for drug offenses unless a statute specifically authorizes one, and even where a minimum exists a judge can depart from it by finding on the record that the minimum would cause manifest injustice and is unnecessary for public protection.²

The armed offender provision is the exception. If someone commits a drug felony while using, threatening with, or possessing a dangerous weapon or firearm, a mandatory minimum applies and must be served without parole:²

Class A or Class B felony drug offense with a weapon: 4 years mandatory minimum.
Class C felony drug offense with a weapon: 2 years mandatory minimum.

The manifest injustice escape valve does not apply here. If a firearm is involved in a drug felony, the judge has no discretion to go lower.

Medical Marijuana Boundary

North Dakota’s Compassionate Care Act lets qualifying patients possess and use marijuana for medical purposes, but only through the registry system. A person diagnosed with a debilitating medical condition may apply for a registry identification card through the state Department of Health and Human Services.⁴ The diagnosis alone is not enough; without a valid card, a patient cannot legally purchase, use, or possess marijuana under the program. Possession outside the program’s bounds (no card, or over the allowed amounts) still faces the standard criminal penalties.

What a Conviction Costs Beyond the Sentence

The statutory penalties are only the first layer. A drug conviction carries consequences that outlast the sentence.

Firearm Rights

A felony drug conviction bars a person from owning or possessing a firearm for at least five years after the later of the conviction date or release from incarceration, parole, or probation.⁵ The ban applies even if the sentence was suspended, imposition was deferred, or the person went on probation; a “conviction” under this statute includes all of those outcomes.

After the prohibition period ends, someone convicted of a non-violent felony can petition the district court to restore firearm rights. The petitioner must show by clear and convincing evidence that all fines are paid, all imprisonment and supervision terms are complete, and their record and reputation show they are not a danger to others.⁵ During the prohibition period, the only firearms allowed are antiques manufactured before 1899, replicas that do not use standard ammunition, and muzzleloading rifles or shotguns designed for black powder.

Professional Licensing

Almost every professional licensing board in North Dakota can deny, suspend, or revoke a license based on a criminal conviction. The general standard across professions is whether the conviction has a direct bearing on the person’s fitness for the field, or whether the person has been sufficiently rehabilitated. A drug conviction does not automatically end a career, but it gives the board discretion to act, and the burden of showing rehabilitation falls on the applicant.

Sealing or Expunging a Drug Record

A person can petition the court to seal a criminal record, which hides it from public view while keeping it available to law enforcement. Waiting periods depend on the offense level:

Misdemeanor drug conviction: eligible after at least 3 years without a new conviction.
Felony drug conviction: eligible after at least 5 years without a new conviction.

The court seals a record only after finding, by clear and convincing evidence, that the petitioner has completed all imprisonment and probation terms, paid all restitution, and demonstrated reformation warranting relief. People convicted of felony offenses involving violence or intimidation cannot seal those records during the ten-year period they are prohibited from possessing a firearm.

A narrower expungement option exists for first-time marijuana possession convictions involving one ounce or less. If the person goes two years without a new conviction, they can file a written motion in the original criminal case asking the court to expunge the record.⁶ This is a true expungement rather than sealing; the record is destroyed rather than hidden.

1
North Dakota Legislative Branch. Chapter 19-03.1 – Uniform Controlled Substances Act
2
North Dakota Legislative Branch. North Dakota Century Code Chapter 12.1-32 – Penalties and Sentencing
3
North Dakota Legislative Branch. Chapter 19-03.4 – Drug Paraphernalia
4
North Dakota Legislative Branch. North Dakota Century Code Chapter 19-24.1 – Medical Marijuana
5
North Dakota Legislative Branch. Chapter 62.1-02 – Possession of Weapons
6
North Dakota Court System. Expungement of Criminal Records – A Research Guide