North Dakota Code 19-03.2-03 – Prohibited acts – Penalties – Exception
1. It is a class C felony for any person to manufacture, distribute, or possess with intent to distribute, an imitation controlled substance.
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
| Class B misdemeanor | up to 30 days | up to $1,500 |
Terms Used In North Dakota Code 19-03.2-03
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
2. It is a class C felony for a person to place in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances.
3. It is a class B misdemeanor for a person to use, or to possess with intent to use, an imitation controlled substance.
4. It is not a defense that the defendant believed the substance actually to be a controlled substance.
5. No civil or criminal liability may be imposed by virtue of this chapter on any person registered under chapter 19-03.1 who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research.