Increased penalties for aggravating factors in drug offenses - Penalty
N.D. Cent. Code § 19-03.1-23.1
in effect19-03.1-23.1. Increased penalties for aggravating factors in drug offenses - Penalty
1. A person who violates section 19-03.1-23 is subject to the penalties provided in
subsection 2 if:
a. The offense was committed during a school sponsored activity or was committed
during the hours of six a.m. to ten p.m. if school is in session, the offense
involved the manufacture, delivery, or possession, with intent to manufacture or
deliver a controlled substance in, on, or within three hundred feet [91.4 meters] of
the real property comprising a preschool facility, a public or private elementary or
secondary school, or a public career and technical education school, the
defendant was at least twenty-one years of age at the time of the offense, and the
offense involved the delivery of a controlled substance to a minor;
b. The offense involved the manufacture, delivery, or possession, with intent to
manufacture or deliver a controlled substance, other than marijuana or
tetrahydrocannabinol, in, on, or within three hundred feet [91.4 meters] of the real
property comprising a public park;
c. The offense involved:
(1) Fifty grams or more of a mixture or substance containing a detectable
amount of heroin;
(2) Fifty grams or more of a mixture or substance containing a detectable
amount of:
(a) Coca leaves, except coca leaves and extracts of coca leaves from
which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed;
(b) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
(c) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(d) Any compound, mixture, or preparation that contains any quantity of
any of the substance referred to in subparagraphs a through c;
(3) Twenty-eight grams or more of a mixture or substance described in
paragraph 2 which contains cocaine base;
(4) Ten grams or more of phencyclidine or one hundred grams or more of a
mixture or substance containing a detectable amount of phencyclidine;
(5) One gram, one hundred dosage units, or one-half liquid ounce or more of a
mixture or substance containing a detectable amount of lysergic acid
diethylamide;
(6) Forty grams or more of a mixture or substance containing a detectable
amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or ten
grams or more of a mixture or substance containing a detectable amount of
any analog of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(7) Fifty grams or more of a mixture or substance containing a detectable
amount of methamphetamine;
(8) Ten grams, one hundred dosage units, or one-half liquid ounce or more of a
mixture or substance containing a detectable amount of
3,4-methylenedioxy-N-methylamphetamine, C11H15NO2;
(9) One hundred dosage units or one-half liquid ounce of a mixture or
substance containing a detectable amount of gamma-hydroxybutyrate or
gamma-butyrolactone or 1,4 butanediol or any substance that is an analog
of gamma-hydroxybutyrate; or
(10) One hundred dosage units or one-half liquid ounce of a mixture or
substance containing a detectable amount of flunitrazepam;
d. The defendant had a firearm in the defendant's actual possession at the time of
the offense; or
e. The defendant sells, distributes, delivers, or conspires to deliver a controlled
substance to an individual which results in the death of the individual due to the
use of that controlled substance and the death of the individual would not have
occurred in the absence of the defendant's conduct. This subdivision does not
apply to an individual who is immune from prosecution under section
19-03.1-23.4.
2. The offense is:
a. A class A felony if the violation of section 19-03.1-23 is designated as a class B
felony.
b. A class B felony if the violation of section 19-03.1-23 is designated as a class C
felony.
c. A class C felony if the violation of section 19-03.1-23 is designated as a class A
misdemeanor.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c03-1.pdf#nameddest=19-03p1-23p1Fetched: 10/16/2026