Distribution of illegal drugs - Special penalty for death or injury
N.D. Cent. Code § 19-03.1-22.6
in effect19-03.1-22.6. Distribution of illegal drugs - Special penalty for death or injury
1. As used in this section:
a. "Consume" means to inject, ingest, or inhale a controlled substance.
b. "Controlled substance" includes derivatives or analogs to a scheduled controlled
substance.
c. "Injury" means an overdose that puts an individual's life at immediate risk.
d. "Supplies" includes delivering, supplying, directing, or willfully assisting another to
supply or deliver a controlled substance.
2. An individual is guilty of causing death or injury by distributing a controlled substance if
the individual willfully delivers a controlled substance, or supplies another to deliver or
consume a controlled substance, and an individual dies or is injured from overdosing
after consuming a portion of that controlled substance.
a. A violation of this section is a class A felony.
b. This section does not limit a conviction under chapter 12.1-16, but an individual
may not be found guilty of this section and an offense under chapter 12.1-16 if
the conduct arises out of the same course of conduct.
3. Venue for an offense under this section is in the county where the death or injury
occurred or any county where the controlled substance was directly or indirectly
obtained by the deceased or injured individual.
a. An individual may not be convicted in more than one county for the death or injury
of the same individual who overdosed on a controlled substance.
b. Notwithstanding chapter 29-03, an individual outside the state may be prosecuted
within the state under this section.
c. The charging document for a violation of this section must list an overt act in
which the individual engaged to violate this section.
d. Injury or death by an overdose may be proven by direct or circumstantial
evidence.
4. An individual may not be charged under this section if the individual supplied or
administered a controlled substance as part of a medical procedure or the individual
was in a lawful position to dispense a medication prescription.
a. An individual may not be charged under this section if the individual complied with
section 19-3.1-23.4.
b. It is not a defense to this section that the deceased or injured individual had other
controlled substances or alcohol in the individual's system which the defendant
did not supply at the time of an overdose.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c03-1.pdf#nameddest=19-03p1-22p6Fetched: 10/16/2026