North Dakota has failed (again) to pass legislation to legalize the possession or use of marijuana. As an initiated measure, the State of North Dakota has had this issue brought before the voters of the state several times in the past decade and each time it has been voted down. However, with each passing voting period the measure has slowly, but surely, gotten closer to passing.
Marijuana is still illegal to possess in North Dakota.
Although some level of decriminalization has occurred, it is still not legal to possess marijuana in the State of North Dakota. Most possession of marijuana charges, as well as possession of marijuana paraphernalia (such as pipes), are still infractions under state law. An infraction is an offense punishable by a maximum fine of $1000.00 under state law. An infraction cannot carry a jail sentence.
Even an infraction can be a blot on your North Dakota criminal record?
An infraction is not technically a crime. However, try telling that to a future employer who may see a conviction for possession on your record. Even an infraction may remain on your record if you have a marijuana possession charge and that can have long lasting consequences. If you are charged with an infraction for marijuana offense, it is still beneficial to get the help of an experienced criminal defense attorney for this charge.
Selling or possession of marijuana with intent to deliver is still a felony in North Dakota!
The lessening of penalties for marijuana possession is a great step forward, but selling or possessing marijuana with intent to deliver to others is still a felony charge that can carry a potential prison sentence. Anyone charged with this type of offense must take it seriously and get the help of an experienced criminal defense attorney to handle this serious crime.