Do not fall for the urban myth that a first offense drug charge (like marijuana possession) is no big deal. Even if you have been charged with a misdemeanor drug crime, the penalties will be dire. Following an arrest or citation for a drug crime, it is common for North Dakota police and law enforcement agencies to secure a warrant, conduct a raid, and press additional charges against you. If that were not bad enough, in many instances, if you plead guilty to a misdemeanor drug crime, a future offense will likely be a felony. Do not rely on the bad advice of people who have been charged in the past. What you may think is a minor crime can become a very serious problem.
As a Fargo, North Dakota drug crime defense lawyer, I serve clients throughout the state. My job is to work tirelessly to secure your freedom and present a competent defense in your case. Even if you have committed the crime that has been alleged, it is the burden of the state to prove that the crime occurred and you are responsible. I am a pro at challenging the state’s theory in your North Dakota drug case. If you have been charged with a drug crime, you need my help. Call or text me at 701-353-8021 for your free consultation. Together, we will build a competent defense strategy for your case.
Criminal Penalties for Drug Crimes
Penalties for drug offenses in North Dakota are wide-ranging. From small fines for the possession of a small amount of marijuana to decades in prison for multiple, felonious drug possession, distribution, delivery, and/or manufacturing charges. Many people who are charged with a misdemeanor drug offense reoffend later on and end up with a felony record. Violations of conditions of probation and parole can have similar repercussions.
Types of Drug Crimes in North Dakota
Drug Possession
Drug Possession with Intent to Deliver
Delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance whether or not there is an agency relationship. This crime differs from drug possession in that it requires the prosecution to prove that the defendant intended to deliver a banned substance to another individual. This crime does not require the sale of a narcotic or transferring from one person to another. Rather, the crime simply requires that the defendant intended to deliver the drug.
Drug Possession with Intent to Distribute
Distribute means to deliver other than by administering or dispensing a controlled substance (in other words, outside the scope of a legitimate doctor or pharmacist’s control).
Drug Possession with Intent to Manufacture
means the production, preparation, propagation, compounding,
conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
Understanding Drug Crime Classification
Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V.
Anabolic Steroids
Often abused by bodybuilders, athletes, and individuals looking to reclaim the vigor of their youth, anabolic steroids are a schedule III substance. Possession of these drugs without a prescription can have devastating consequences.
Cocaine
A popular stimulant and highly addictive drug, possession, delivery, and distribution charges of cocaine are common in North Dakota.
Depressants
Ranging from schedule I to schedule IV, depressants often come in liquid or tablet form and are referred to by users as “downers.” These drugs are considered illegal in North Dakota.
Fentanyl
Although fentanyl has legitimate medical uses, it is often abused by drug seekers looking for an “ultimate” street drug. The effects last for a couple hours, but the penalties for illegally using or possessing fentanyl in North Dakota can last a lifetime.
Hallucinogenic Substances
This is a broad category of illegal drugs with psychoactive agents that tend to cause hallucinations. The hallucinations caused by these drugs can often lead individuals to commit additional crimes.
Hashish
Extracted from the cannabis plant, hashish is cannabis resin that is consumed similarly to marijuana. Although its prominence in popular culture has gained notoriety in recent years, hashish remains highly illegal in North Dakota.
Heroin
Many think of heroin as an “old school” street drug. But the heroin on the streets today is even more addictive than its previous reiterations. The consequences for possessing, manufacturing, or delivering heroin under North Dakota courts are devastating.
Marijuana
Possession and use of marijuana remains illegal in North Dakota. Being charged with a misdemeanor possession may seem like a minor deal. But many users of marijuana are later charged with a felony. No matter your marijuana charge, you will need a criminal defense lawyer.
Marijuana Wax
A sticky substance that is more dangerous than marijuana itself, marijuana wax has gained popularity and its aftermath is substantial. If you have been caught with marijuana wax, it is time to hire a North Dakota drug defense attorney.
Methamphetamine
Nalorphine
Opiod
Prescription Drugs
Stimulants
Suboxone
Valium