Skip to content
ImNotAnAttorney logo

North Dakota Drug Possession Law

North Dakota Drug Possession Defense

What you're facing under N.D. Cent. Code § 19-03.1-23(1), how the penalties scale, and the questions your attorney needs to answer, specific to North Dakota (ND) law.

Offense Class

Class A Misdemeanor (Schedule IV-V); Class C Felony (Schedule I-III)

Maximum Penalty

1 year (Schedule IV-V); 5 years (Schedule I-III)

Maximum Fine

$3,000 (Schedule IV-V); $10,000 (Schedule I-III)

Penalty Range in North Dakota

StatuteN.D. Cent. Code § 19-03.1-23(1) — Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty1 year (Schedule IV-V); 5 years (Schedule I-III)
Maximum Fine$3,000 (Schedule IV-V); $10,000 (Schedule I-III)

Charge Enhancements

These factors can elevate the charge or penalty in North Dakota:

  • Possession on school property
  • Prior drug convictions

North Dakota-Specific Detail

North Dakota classifies controlled substances into Schedules I-V. Personal-use amounts may be eligible for deferred imposition of sentence.

Is your North Dakota drug case defense on track?

The free Defense Score checks 10 critical defense behaviors specific to drug-possession cases. Takes 2 minutes. Instant results.

Take the Free Defense Score

Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to North Dakota defendants.

Important: This page provides legal INFORMATION about North Dakota drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.