Fighting a Drug Possession Charge in North Dakota: What You Need to Know

Drug charges in North Dakota can derail your future—especially if you’re facing a felony. Whether it’s a small amount of marijuana or a more serious controlled substance, a conviction can mean jail time, fines, and a permanent criminal record. But being charged is not the same as being convicted.

This guide explains your options for building a strong drug possession defense in ND, including common legal strategies and how North Dakota’s marijuana laws affect your case.

Understanding Drug Possession Charges in North Dakota

In North Dakota, drug possession typically falls under one of two categories:

• Simple possession: Having a controlled substance for personal use

• Possession with intent to deliver: Having drugs in quantities or circumstances suggesting distribution

The penalties depend on the type and amount of substance, whether it's a repeat offense, and where the alleged offense took place (for example, near a school). Even marijuana charges in North Dakota, which have been decriminalized to some extent, can still result in criminal consequences.

Let’s take a closer look at the key legal defenses you may have.

1. Illegal Search and Seizure

The Fourth Amendment protects you from unlawful searches. If police found drugs on you or in your car, the first question is: Did they have the legal right to search you in the first place?

Common violations include:

• No valid warrant when one was required

• Searching your vehicle without probable cause

• Searching your home without consent or exigent circumstances

Example: Let’s say you were pulled over near Dickinson for a broken taillight, and an officer decided to search your vehicle without asking or having a warrant. If drugs were found in your glove compartment, a court may rule that the evidence is inadmissible—meaning it can’t be used against you.

Bottom line: If your rights were violated, your attorney can file a motion to suppress the evidence, which could lead to a dismissal.

2. Lack of Knowledge or Intent

In some cases, people are charged simply for being in the wrong place at the wrong time.

Possible scenarios:

• You borrowed a friend’s car and didn’t know there were drugs in the trunk

• A roommate hid something illegal in shared living space

• Someone dropped drugs in your bag without your knowledge

North Dakota law generally requires knowing possession. So if you had no idea the drugs were there—and there’s no evidence proving otherwise—this can be a powerful defense.

3. Lab Testing Errors or Chain of Custody Issues

When prosecutors charge someone with drug possession, they must prove the substance is actually illegal. This involves lab testing, and surprisingly, errors happen more often than you might think.

Issues that can weaken the prosecution’s case:

• The lab never tested the substance

• Test results were inconclusive or contaminated

• The substance changed hands too many times, making it hard to prove proper handling

If your defense lawyer can challenge the lab results or chain of custody, it may cast enough doubt to result in reduced charges—or an acquittal.

4. Medical Marijuana or Legal CBD Use

With evolving marijuana laws, some North Dakotans may be caught off guard by what’s still considered illegal.

What’s legal:

• Registered medical marijuana patients using cannabis through a licensed dispensary

• Hemp-derived CBD products that contain less than 0.3% THC

What’s still illegal:

• Recreational marijuana use (even small amounts)

• Possession of marijuana from out-of-state dispensaries

• Homegrown marijuana, regardless of medical status

Even though attitudes toward marijuana are shifting, North Dakota’s criminal laws haven’t fully caught up. As of now, marijuana charges in North Dakota remain a reality, especially for unregistered users or out-of-state travelers.

What About Felony Drug Charges in ND?

Possessing certain controlled substances—like meth, cocaine, or prescription pills without a valid prescription—can lead to felony drug charges in ND.

Penalties may include:

• Years in prison

• Thousands in fines

• Loss of professional licenses

• Lifetime criminal record

The seriousness of the charge often depends on the drug schedule and quantity. For example:

• Possession of methamphetamine = Class C felony

• Possession with intent to deliver = Class B felony or higher

That’s why having a knowledgeable defense attorney is critical. Your lawyer can often negotiate a plea to reduce a felony to a misdemeanor, argue for probation, or even fight for full dismissal if your rights were violated.

Local Court Processes Matter

If you're facing charges in a place like Burleigh County, Ward County, or Williams County, the court's procedures and the local prosecutor’s approach can significantly affect your case. Some jurisdictions offer diversion programs or deferred imposition of sentence for first-time offenders. Others may be more aggressive.

An experienced North Dakota defense lawyer will know how to navigate your local court system—and tailor a strategy to give you the best possible outcome.

What to Do If You’re Charged

Here’s what you should do immediately if arrested or charged with drug possession:

1. Stay silent – Don’t explain or justify anything to the police. You have the right to remain silent.

2. Request a lawyer – Invoke your right to an attorney and don’t answer further questions.

3. Document everything – Write down what happened before, during, and after the arrest, including anything the officers said or did.

4. Avoid social media – Don’t post anything about your case online. Prosecutors can and will use it against you.

Need Help? Contact Heartland Law Office

At Heartland Law Office, we’ve helped clients across North Dakota—from Minot to Bismarck to Williston—fight drug possession charges and protect their futures. Whether you're facing a minor marijuana charge or serious felony drug charges, we’ll help you understand your rights, build a strong defense, and explore every option.

Call us at 701-JUSTICE or contact us online to schedule your free criminal consultation.

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