Unlawful possession of drug paraphernalia - Penalty
N.D. Cent. Code § 19-03.4-03
in effect19-03.4-03. Unlawful possession of drug paraphernalia - Penalty
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,
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.
2. A person may not use or possess with the intent to use drug paraphernalia to inject,
ingest, inhale, or otherwise induce into the human body a controlled substance, other
than marijuana or tetrahydrocannabinol, classified in schedule I, II, or III of
chapter 19-03.1. A person violating this subsection is guilty of a class A misdemeanor.
If a person previously has been convicted of an offense under this title, other than an
offense related to marijuana or tetrahydrocannabinol, or an equivalent offense from
another court in the United States, a violation of this subsection is a class C felony.
3. 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, or repack marijuana or tetrahydrocannabinol in
violation of chapter 19-03.1. A person violating this subsection is guilty of a class A
misdemeanor.
4. A person may not use or possess with the intent to use drug paraphernalia to ingest,
inhale, or otherwise introduce into the human body marijuana or tetrahydrocannabinol
or possess with the intent to use drug paraphernalia to store or contain marijuana or
tetrahydrocannabinol in violation of chapter 19-03.1. A person violating this subsection
is guilty of an infraction.
5. A person sentenced to the legal and physical custody of the department of corrections
and rehabilitation under this section may be placed in a drug and alcohol treatment
program as designated by the department. Upon the successful completion of the drug
and alcohol treatment program, the department shall release the person from
imprisonment to begin any court-ordered period of probation. If the person is not
subject to court-ordered probation, the court may order the person to serve the
remainder of the sentence of imprisonment on supervised probation subject to the
terms and conditions imposed by the court.
6. Probation under this section may include placement in another facility, treatment
program, or treatment court. If the person 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c03-4.pdf#nameddest=19-03p4-03Fetched: 10/16/2026