Federal Law

• Federal law provides criminal and civil penalties for unlawful possession or distribution of drugs and alcohol. Details related to federal trafficking penalties for controlled substance violations are available from the Drug Enforcement Administration (DEA). Among incarceration and/or fines, there are federal laws allowing the forfeiture of property used in possession or to facilitate possession of a controlled substance. This could include homes, vehicles, boats, aircrafts, and any other personal or real property.

ND State and Local Law: Alcohol

• Individuals in the state of North Dakota must be 21 years of age to buy, possess and/or consume alcohol. Person(s) providing alcohol to individuals under the age of 21 violate state law and may be cited for contributing to the delinquency of a minor among other possible citations depending on the circumstances. There are other important state laws and local rules relating to alcohol including driving under the influence (DUI) and open container. Under North Dakota statute, for a first DUI offense, violators are fined at least $500 and are ordered to have an addiction evaluation. Individuals with blood alcohol levels over 0.16 will be fined up to $750 and may spend two days in jail.
• The North Dakota Century Code prohibits driving under the influence of intoxicating liquor or controlled substances. State Law also prohibits open containers of alcohol in vehicles.
• More information can be found at www.legis.nd.gov/cencode/t05c01.pdf.

Medical Amnesty Law

• Important to Note: North Dakota has a medical amnesty law for alcohol-related emergencies. ND Century Code states: "An individual under twenty-one years of age is immune from criminal prosecution under this section if that individual contacted law enforcement or emergency medical services and reported that another individual under twenty-one years of age was in need of medical assistance due to alcohol consumption, provided assistance to the individual in need of medical assistance until assistance arrived and remained on the scene, or was the individual in need of medical assistance and cooperated with medical assistance and law enforcement personnel on the scene. The maximum number of individuals that may be immune for any one occurrence is five individuals."

ND State and Local Law: Marijuana

• Possession of marijuana or drug paraphernalia for marijuana are considered misdemeanors, and delivery of marijuana or intent to deliver within 1,000 feet of a school (which includes a university) are class B felonies. Penalties for these crimes range from a $1,000 fine and 30-days imprisonment for a class B misdemeanor to a $10,000 fine and up to 10 years imprisonment for a class B felony.
• Students found to be in violation of the NDSCS Alcohol and Other Drug policy may be subject to one or more sanctions below, depending on the severity of the offense and any existing or prior violations:

1. Consultation only;
2. Referral to special classes or counseling sessions;
3. Restitution and/or fines;
4. Verbal and/or written warning that continuation of prohibited conduct may be the cause of more severe disciplinary action;
5. Probation/suspension/cannot serve in elected positions in campus clubs and/or organizations;
6. Eviction from College-owned housing;
7. Indefinite suspension;
8. Expulsion.