Bill Summary – FastDemocracy

0542.01000
     Sixty-seventh
     Legislative Assembly                         HOUSE BILL NO. 1201
     of North Dakota
     Introduced by
       Representatives Roers Jones, Becker, Boschee, Dockter, Mock, M. Ruby
       Senators Meyer, K. Roers
  A BILL for an Act to amend and reenact subdivision d of subsection 7 of section 19-03.1-23 and
  section 19-03.4-03 of the North Dakota Century Code, relating to marijuana.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Subdivision d of subsection 7 of section 19-03.1-23 of the
  North Dakota Century Code is amended and reenacted as follows:
           d.     A person who violates this subsection by possessing:
                  (1)   Marijuana in an amount of less than one-halfone ounce [14.17528.350
                        grams] is guilty of an infractiona noncriminal offense punishable by a fee of
                        up to fifty dollars.
                 (2)   At least one-halfone ounce [14.17528.350 grams] but not more than 500250
                       grams of marijuana is guilty of a class B misdemeanoran infraction.
                 (3)   More than 250 grams but not more than 500 grams of marijuana is guilty of
                       a class B misdemeanor.
                 (4)   More than 500 grams of marijuana is guilty of a class A misdemeanor.
     SECTION 2. AMENDMENT. Section 19-03.4-03 of the North Dakota Century Code is
 amended and reenacted as follows:
     19-03.4-03. 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 manufacture, compound, convert, produce, process, prepare, test, or analyze a
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           controlled substance, other than marijuana, 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, 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
           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 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 possess with the
          intent to use drug paraphernalia to store or contain marijuana in violation of
          chapter 19-03.1. A person violating this subsection is guilty of an infractiona
          noncriminal offense punishable by a fee of up to fifty dollars. If a person is subject to a
          fee or penalty under subdivision d of subsection 7 of section 19-03.1-23, the person
          may not be subject to a fee under this subsection.
     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 drug court. If the person is placed in another facility or treatment program
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         upon release from imprisonment, the remainder of the sentence must be considered
         as time spent in custody.
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Statutes affected: 
INTRODUCED: 19-03.1-23, 19-03.4-03