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North Dakota House Bill HB1367

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1367 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1367
4-(Representatives Klemin, Karls, Lefor, Schneider, Louser)
5-(Senators Dwyer, Larson, Sickler)
6-AN ACT to amend and reenact subsection 7 of section 19-03.1-23 and subsection 1 of section
7-19-03.4-03 of the North Dakota Century Code, relating to drug crime penalties and drug
1+25.1001.01000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Klemin, Karls, Lefor, Schneider, Louser
7+Senators Dwyer, Larson, Sickler
8+A BILL for an Act to amend and reenact subsection 7 of section 19-03.1-23 and subsection 1 of
9+section 19-03.4-03 of the North Dakota Century Code, relating to drug crime penalties and drug
810 paraphernalia possession; and to provide a penalty.
911 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. AMENDMENT. Subsection 7 of section 19-03.1-23 of the North Dakota Century Code
11-is amended and reenacted as follows:
12-7.a.It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess a
13-controlled substance or a controlled substance analog unless the substance was
14-obtained directly from, or pursuant to, a valid prescription or order of a practitioner while
15-acting in the course of the practitioner's professional practice, or except as otherwise
16-authorized by this chapter, but any person who violates section 12-46-24 or 12-47-21
17-may not be prosecuted under this subsection.
18-b.Except as otherwise provided in this subsection, any person who violates this subsection
19-is guilty of a class A misdemeanor for the first offense under this subsection and a
20-class C felony for a second or subsequent offense under this subsection. If a person is
21-convicted of a second or subsequent offense not related to marijuana or
22-tetrahydrocannabinol under this section or chapter 19 - 03.2, 19 - 03.3, or 19 - 03.4, or an
23-equivalent offense from another court in the United States, the violation is a class C
24-felony.
25-c.If, at the time of the offense the person is in or on the real property comprising a public or
26-private elementary or secondary school or a public career and technical education
27-school, the person is guilty of a class B felony, unless the offense involves marijuana or
28-tetrahydrocannabinol.
12+SECTION 1. AMENDMENT. Subsection 7 of section 19-03.1-23 of the North Dakota
13+Century Code is amended and reenacted as follows:
14+7.a.It is unlawful for any person to willfully, as defined in section 12.1-02-02, possess
15+a controlled substance or a controlled substance analog unless the substance
16+was obtained directly from, or pursuant to, a valid prescription or order of a
17+practitioner while acting in the course of the practitioner's professional practice, or
18+except as otherwise authorized by this chapter, but any person who violates
19+section 12-46-24 or 12-47-21 may not be prosecuted under this subsection.
20+b.Except as otherwise provided in this subsection, any person who violates this
21+subsection is guilty of a class A misdemeanor for the first offense under this
22+subsection and a class C felony for a second or subsequent offense under this
23+subsection. If a person is convicted of a second or subsequent offense not
24+related to marijuana or tetrahydrocannabinol under this section or chapter
25+19 - 03.2, 19 - 03.3, or 19 - 03.4, or an equivalent offense from another court in the
26+United States, the violation is a class C felony.
27+c.If, at the time of the offense the person is in or on the real property comprising a
28+public or private elementary or secondary school or a public career and technical
29+education school, the person is guilty of a class B felony, unless the offense
30+involves marijuana or tetrahydrocannabinol.
2931 d.A person who violates this subsection by possessing:
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3060 (1)Marijuana:
31-(a)In an amount of less than one-half ounce [14.175 grams] is guilty of an
32-infraction.
33-(b)At least one-half ounce [14.175 grams] but not more than 500 grams of
34-marijuana is guilty of a class B misdemeanor.
61+(a)In an amount of less than one-half ounce [14.175 grams] is guilty of
62+an infraction.
63+(b)At least one-half ounce [14.175 grams] but not more than 500 grams
64+of marijuana is guilty of a class B misdemeanor.
3565 (c)More than 500 grams of marijuana is guilty of a class A misdemeanor.
3666 (2)Tetrahydrocannabinol:
3767 (a)In an amount less than two grams is guilty of an infraction.
38-(b)At least two grams but not more than six grams of tetrahydrocannabinol is
39-guilty of a class B misdemeanor.
68+(b)At least two grams but not more than six grams of
69+tetrahydrocannabinol is guilty of a class B misdemeanor.
4070 (c)More than six grams of tetrahydrocannabinol is guilty of a class A
41-misdemeanor. H. B. NO. 1367 - PAGE 2
42-e.If an individual is sentenced to the legal and physical custody of the department of
43-corrections and rehabilitation under this subsection, the department may place the
44-individual in a drug and alcohol treatment program designated by the department. Upon
45-the successful completion of the drug and alcohol treatment program, the department
46-shall release the individual from imprisonment to begin any court-ordered period of
47-probation.
48-f.If the individual is not subject to any court-ordered probation, the court shall order the
49-individual to serve the remainder of the sentence of imprisonment on supervised
50-probation subject to the terms and conditions imposed by the court.
51-g.Probation under this subsection may include placement in another facility, treatment
52-program, drug court, mental health court, or veterans treatment docket. If an individual is
53-placed in another facility or treatment program upon release from imprisonment, the
54-remainder of the sentence must be considered as time spent in custody.
71+misdemeanor.
72+e.If an individual is sentenced to the legal and physical custody of the department
73+of corrections and rehabilitation under this subsection, the department may place
74+the individual in a drug and alcohol treatment program designated by the
75+department. Upon the successful completion of the drug and alcohol treatment
76+program, the department shall release the individual from imprisonment to begin
77+any court-ordered period of probation.
78+f.If the individual is not subject to any court-ordered probation, the court shall order
79+the individual to serve the remainder of the sentence of imprisonment on
80+supervised probation subject to the terms and conditions imposed by the court.
81+g.Probation under this subsection may include placement in another facility,
82+treatment program, drug court, mental health court, or veterans treatment docket.
83+If an individual is placed in another facility or treatment program upon release
84+from imprisonment, the remainder of the sentence must be considered as time
85+spent in custody.
5586 h.An individual incarcerated under this subsection as a result of a second probation
56-revocation is not eligible for release from imprisonment upon the successful completion
57-of treatment.
58-i.A person who violates this subsection regarding possession of five or fewer capsules,
59-pills, or tablets of a schedule II, III, IV, or V controlled substance or controlled substance
60-analog is guilty of a class A misdemeanor. If a person is convicted of a second or
61-subsequent offense not related to marijuana or tetrahydrocannabinol under this section
62-or chapter 19 - 03.2, 19 - 03.3, or 19 - 03.4, or an equivalent offense from another court in
63-the United States, the violation is a class C felony.
64-SECTION 2. AMENDMENT. Subsection 1 of section 19-03.4-03 of the North Dakota Century Code
65-is amended and reenacted as follows:
66-1.A person may not use or possess with intent to use drug paraphernalia to plant, propagate,
67-cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
68-analyze, pack, repack, store, contain, or conceal a controlled substance in violation of chapter
69-19-03.1. A person violating this subsection is guilty of a class C felony if the drug
70-paraphernalia is used, or possessed with intent to be used, to plant, propagate, manufacture,
71-compound, convert, produce, process, prepare, test, or analyze, pack, repack, store, contain,
72-or conceal a controlled substance, other than marijuana or tetrahydrocannabinol, classified in
73-schedule I, II, or III of chapter 19-03.1. H. B. NO. 1367 - PAGE 3
74-____________________________ ____________________________
75-Speaker of the House President of the Senate
76-____________________________ ____________________________
77-Chief Clerk of the House Secretary of the Senate
78-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
79-Assembly of North Dakota and is known on the records of that body as House Bill No. 1367.
80-House Vote: Yeas 93 Nays 0 Absent 1
81-Senate Vote:Yeas 46 Nays 0 Absent 1
82-____________________________
83-Chief Clerk of the House
84-Received by the Governor at ________M. on _____________________________________, 2025.
85-Approved at ________M. on __________________________________________________, 2025.
86-____________________________
87-Governor
88-Filed in this office this ___________day of _______________________________________, 2025,
89-at ________ o’clock ________M.
90-____________________________
91-Secretary of State
87+revocation is not eligible for release from imprisonment upon the successful
88+completion of treatment.
89+i.A person who violates this subsection regarding possession of five or fewer
90+capsules, pills, or tablets of a schedule II, III, IV, or V controlled substance or
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124+controlled substance analog is guilty of a class A misdemeanor. If a person is
125+convicted of a second or subsequent offense not related to marijuana or
126+tetrahydrocannabinol under this section or chapter 19 - 03.2, 19 - 03.3, or 19 - 03.4,
127+or an equivalent offense from another court in the United States, the violation is a
128+class C felony.
129+SECTION 2. AMENDMENT. Subsection 1 of section 19-03.4-03 of the North Dakota
130+Century Code is amended and reenacted as follows:
131+1.A person may not use or possess with intent to use drug paraphernalia to plant,
132+propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
133+process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled
134+substance in violation of chapter 19-03.1. A person violating this subsection is guilty of
135+a class C felony if the drug paraphernalia is used, or possessed with intent to be used,
136+to plant, propagate, manufacture, compound, convert, produce, process, prepare, test,
137+or analyze, pack, repack, store, contain, or conceal a controlled substance, other than
138+marijuana or tetrahydrocannabinol, classified in schedule I, II, or III of chapter 19-03.1.
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