Common Defenses Against Drug Charges in North Dakota

Drug charges are serious matters in North Dakota—and the consequences can be life-changing. Whether you're facing accusations of possession, distribution, or manufacturing, it's critical to understand your rights and legal options.

At Heartland Law Office, we’ve helped clients across Bismarck, Fargo, Minot, and beyond challenge drug charges and protect their futures. In this blog, we break down the most common legal defenses to drug charges under North Dakota law and what they could mean for your case.

Understanding Drug Charges in North Dakota

North Dakota classifies drug crimes under the North Dakota Century Code Chapter 19-03.1. Charges range from simple possession of marijuana to felony-level offenses involving controlled substances like methamphetamine, fentanyl, or prescription opioids.

Potential penalties include:

• Jail or prison time

• Fines ranging from hundreds to tens of thousands of dollars

• Driver’s license suspension

• Loss of employment or professional licenses

• A permanent criminal record

But a charge is not the same as a conviction—and a strong defense can make all the difference.

1. Illegal Search and Seizure

One of the most powerful defenses involves the Fourth Amendment, which protects against unreasonable searches and seizures. In many drug cases, law enforcement finds drugs during:

• Vehicle stops

• Home searches

• Backpack or pocket searches

• Searches of cell phones or containers

If police did not have a valid warrant, probable cause, or your consent, any evidence obtained might be suppressed, which could lead to a full dismissal.

Example: A Mandan man was stopped without probable cause and his vehicle searched without a warrant. The drugs discovered were thrown out by the court, and the charges were dropped.

2. Lack of Possession

To convict you, the prosecution must prove you knowingly possessed the drugs. This isn’t always straightforward. Drugs found in a shared home, borrowed vehicle, or public place don’t automatically mean they were yours.

Types of possession:

• Actual possession – drugs found on your person

• Constructive possession – drugs found in a place you control (like your car or room)

A skilled attorney can argue there’s insufficient evidence you had control or knowledge of the substance.

3. Valid Prescription

If you’re charged with possession of prescription drugs (like Adderall or Oxycodone), providing proof of a valid prescription from a licensed medical provider is a complete defense.

However, this defense won’t apply if:

• The prescription is forged or expired

• You possessed more than what was prescribed

• You were distributing the medication to others

4. Entrapment

Entrapment occurs when a government agent induces you to commit a crime that you otherwise wouldn’t have committed. While it’s not common, entrapment can be a valid defense in undercover sting operations—especially in distribution or trafficking cases.

To use this defense, your attorney must show:

• You were not predisposed to commit the crime

• The idea and pressure came from the officer

5. Lab Analysis Errors or Chain of Custody Issues

The prosecution must prove that the substance is actually an illegal drug. This typically involves a crime lab test. If there are:

• Errors in the chemical analysis

• Lost or contaminated evidence

• Breaks in the chain of custody

...then the lab results may not hold up in court.

Your attorney can file motions to challenge the validity of the testing and request independent analysis.

6. Violation of Miranda Rights

Were you read your Miranda rights? If law enforcement failed to inform you of your right to remain silent or to have an attorney present, any incriminating statements you made may be inadmissible in court.

This is especially important in cases where:

• You allegedly admitted to ownership

• You confessed to transporting or distributing drugs

• Police used coercive interrogation tactics

7. Substance Was Not a Controlled Drug

Sometimes what looks like a controlled substance is not—especially with field tests that can give false positives. For instance, powdered sugar or baking soda might be mistaken for cocaine or meth.

If the lab test comes back negative, your case could be dismissed.

How a North Dakota Criminal Defense Attorney Can Help

Each case is unique. At Heartland Law Office, we’ll:

• Review your arrest for constitutional violations

• Challenge the evidence and lab reports

• Negotiate with prosecutors for dismissal or reduced charges

• Prepare an aggressive defense for trial if needed

We know the courtrooms in Burleigh County, Cass County, Ward County, and on tribal lands. With over 20 years of experience, Attorney Patrick Waters brings both deep legal knowledge and local insight to every case.

Take Action Now—Don’t Wait to Defend Your Rights

Time is critical in a drug case. The sooner you contact a defense attorney, the better your chances of building a strong case.

If you or a loved one has been charged with a drug crime in North Dakota, call 701-JUSTICE today, or fill out our form for a free case evaluation with Heartland Law Office today. We’re ready to stand up for your rights and fight for your future.

Related Pages:

• Criminal Defense in North Dakota

• DUI & Drug-Related Offenses

• Your Rights During a Police Search

Disclaimer:This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.