North Dakota: Medical Marijuana Law Overview and State Fines/Penalties - 1/01/2017

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North Dakota: Medical Marijuana Law Overview and State Fines/Penalties - 1/01/2017

North Dakota Medical Marijuana Law

Measure 5 (2016)

The North Dakota Medical Marijuana Legalization creates a comprehensive medical cannabis program for the patients of the state. The program creates access for patients at retail dispensaries, but would also allow patients to grow up to 8 plants if they live 40 or more miles away from the nearest dispensary. The program will be one of the strictest in the nation in that it would allow the ND Department of Health to conduct in-person patient interviews in order to determine eligibility. Despite this provision, the program will be a vast improvement upon the status quo.

Penalty Details

See

• North Dakota Century Code 19-03.1-23
• North Dakota Century Code 12.1-32-01

Possession
Possession of 1 ounce [28.35 grams] or less of marijuana is a class B misdemeanor punishable by a maximum imprisonment of 30 days, a fine of one thousand five hundred dollars, or both.

The court, assuming the defendant is not subsequently convicted of another criminal offense within the following two years, will permanently seal convictions for first offenders possessing 1 ounce or less.

Possession of more than 1 ounce but less than 500 grams is a Class C felony which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

Possession of 500 grams or more of marijuana is a Class B Felony, which is punishable by up to 10 years imprisonment and a fine of up to $20,000.

Possession on, or within 1,000 feet of the real property comprising a public or private elementary or secondary school or a public career and technical education school is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000.

See

• North Dakota Century Code 19-03.1-23
• North Dakota Century Code 19-03.1-23.1
• North Dakota Century Code 12.1-32-01

Sale
The sale of any amount of marijuana is a class B felony punishable by up to 10 years imprisonment and a fine of up to $20,000. For a second offense there is a minimum term of imprisonment of at least 3 years. For a third or subsequent offense there is a minimum term of imprisonment of at least 10 years.

Sale within 1,000 feet of a school is a class A felony punishable by maximum sentence of 20 years imprisonment and a maximum fine of $20,000.

See

• North Dakota Century Code 19-03.1-23
• North Dakota Century Code 12.1-32-01

Cultivation
Cultivation in North Dakota will be punished based upon the aggregate weight of the plants found. See the "Possession" section for further penalty details.

Hash & Concentrates
North Dakota defines hashish as "the resin extracted from any part of the plant cannabis with or without its adhering plant parts, whether growing or not, and every compound, manufacture, salt, derivative, mixture, or preparation of the resin." Hashish is a Schedule I controlled substance.

See

• North Dakota Century Code 19-03.1-01(14)
• North Dakota Century Code 19-03.1-05(5)(u)

Ingesting hashish is a class A misdemeanor punishable by a fine no greater than $3,000 and/or a term of imprisonment no greater than 1 year.

See

• North Dakota Century Code 19-03.1-22.3
• North Dakota Century Code 12.1-32-01(5)

Possessing any amount of hashish is a class C felony punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 5 years. Possessing hashish within 1,000 feet of a school or career training center is a class B felony punishable by a fine no greater than $20,000 and/or a term of imprisonment no greater than 10 years.

See

• North Dakota Century Code 19-03.1-23(7)
• North Dakota Century Code 12.1-32-01(3),(4)

Manufacturing, delivering, or possessing with intent to manufacture or deliver hashish is a class B felony punishable by a fine no greater than $20,000 and/or a term of imprisonment no greater than 10 years. A second conviction carries a minimum term of imprisonment of 3 years. A third or subsequent conviction carries a minimum term of imprisonment of 10 years. Manufacturing, delivering or possessing with intent to manufacture or deliver hashish within 1,000 feet of a school or career training center carries a mandatory 8 year term of imprisonment. Delivering hashish to a minor carries a mandatory 8 year term of imprisonment.

See

• North Dakota Century Code 19-03.1-23(1)(b)
• North Dakota Century Code 12.1-32-01(3)
• North Dakota Century Code 19-03.1-23(3)

Paraphernalia
Possession, manufacture, delivery, or advertisement of paraphernalia is a Class A Misdemeanor, punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $3,000. Providing paraphernalia to a minor is a Class C Felony, which is punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000.

See

• North Dakota Century Code 19-03.4-01 Web
• North Dakota Century Code 19-03.4-06 Web
• North Dakota Century Code 12.1-32-01(4),(5)

Miscellaneous

Any conviction requires the offender to undergo a drug addiction evaluation.

If a juvenile is adjudicated delinquent of an offense that would be a class A misdemeanor or a felony if the offense were committed by an adult, the juvenile court may order the suspension of the juvenile's driving privileges for a period of up to six months for the first offense.

See

• North Dakota Century Code 27-20-31.1

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Source: NORML & Americans for Safe Access