Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1367
(Representatives Klemin, Karls, Lefor, Schneider, Louser)
(Senators Dwyer, Larson, Sickler)
AN ACT to amend and reenact subsection 7 of section 19-03.1-23 and subsection 1 of section
19-03.4-03 of the North Dakota Century Code, relating to drug crime penalties and drug
paraphernalia possession; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 7 of section 19-03.1-23 of the North Dakota Century Code
is amended and reenacted as follows:
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. If a person is
convicted of a second or subsequent offense not related to marijuana or
tetrahydrocannabinol under this section or chapter 19 - 03.2, 19 - 03.3, or 19 - 03.4, or an
equivalent offense from another court in the United States, the violation is a class C
felony.
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. H. B. NO. 1367 - PAGE 2
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. If a person is convicted of a second or
subsequent offense not related to marijuana or tetrahydrocannabinol under this section
or chapter 19 - 03.2, 19 - 03.3, or 19 - 03.4, or an equivalent offense from another court in
the United States, the violation is a class C felony.
SECTION 2. AMENDMENT. Subsection 1 of section 19-03.4-03 of the North Dakota Century Code
is amended and reenacted as follows:
1.A person may not use or possess with intent to use drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, or conceal a controlled substance in violation of chapter
19-03.1. A person violating this subsection is guilty of a class C felony if the drug
paraphernalia is used, or possessed with intent to be used, to plant, propagate, manufacture,
compound, convert, produce, process, prepare, test, or analyze, pack, repack, store, contain,
or conceal a controlled substance, other than marijuana or tetrahydrocannabinol, classified in
schedule I, II, or III of chapter 19-03.1. H. B. NO. 1367 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1367.
House Vote: Yeas 93 Nays 0 Absent 1
Senate Vote:Yeas 46 Nays 0 Absent 1
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State