North DakotaHB 13672025 Regular SessionHouse

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.

Sponsored By: Lawrence R. Klemin (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Drug possession rules and tougher penalties

It is illegal to willfully possess a controlled substance without a valid prescription or other legal authorization. A first offense is a class A misdemeanor; a second or later offense is a class C felony. Possession on public or private K–12 school or public career and technical education school property is a class B felony, unless it involves marijuana or THC. Marijuana: under 0.5 ounces (14.175 grams) is an infraction; 0.5 ounces to 500 grams is a class B misdemeanor; over 500 grams is a class A misdemeanor. THC: under 2 grams is an infraction; 2 to 6 grams is a class B misdemeanor; over 6 grams is a class A misdemeanor. Possessing five or fewer pills of a Schedule II–V drug is a class A misdemeanor; a second or later conviction (not related to marijuana or THC) is a class C felony. Using or possessing paraphernalia to make, process, or hide non‑marijuana Schedule I–III drugs is a class C felony.

Treatment path to probation with limits

If you are sentenced under this law, the Department of Corrections and Rehabilitation can place you in a drug and alcohol treatment program. After you successfully finish treatment, the Department must release you to start any court‑ordered probation. If no probation was ordered, the court must put you on supervised probation for the rest of your sentence. Probation can include another facility, treatment, drug court, mental health court, or a veterans docket, and time there after release counts as time in custody. If you are jailed for a second probation revocation under this rule, you cannot be released after finishing treatment.

Sponsors & Cosponsors

Sponsor

  • Lawrence R. Klemin

    Republican • House

Cosponsors

  • Karen Karls

    Republican • House

  • Mike Lefor

    Republican • House

  • Scott Louser

    Republican • House

  • Mary Schneider

    Democratic • House

  • Michael Dwyer

    Republican • Senate

  • Diane Larson

    Republican • Senate

  • Jonathan Sickler

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 139 • No: 0

Senate vote 3/28/2025

Second reading, passed, yeas 46 nays 0

Yes: 46 • No: 0

House vote 1/29/2025

Second reading, passed, yeas 93 nays 0

Yes: 93 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 04/08

    4/9/2025House
  2. Signed by Governor 04/07

    4/8/2025House
  3. Sent to Governor

    4/4/2025House
  4. Signed by Speaker

    4/4/2025House
  5. Signed by President

    4/2/2025Senate
  6. Returned to House

    3/31/2025House
  7. Second reading, passed, yeas 46 nays 0

    3/28/2025Senate
  8. Reported back, do pass, place on calendar 7 0 0

    3/26/2025Senate
  9. Committee Hearing 09:30

    3/26/2025Senate
  10. Introduced, first reading, referred Judiciary Committee

    2/13/2025Senate
  11. Received from House

    1/30/2025Senate
  12. Second reading, passed, yeas 93 nays 0

    1/29/2025House
  13. Reported back, do pass, place on calendar 13 0 1

    1/27/2025House
  14. Committee Hearing 09:15

    1/27/2025House
  15. Introduced, first reading, referred Judiciary Committee

    1/13/2025House

Bill Text

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