Current through 2023 Legislative Sessions
Section 19-03.1-22.3 - Ingesting a controlled substance - Venue for violation - Penalty1. Except as provided in subsection 2, a person who intentionally ingests, inhales, injects, or otherwise takes into the body a controlled substance, unless the substance was obtained directly from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, is guilty of a class A misdemeanor. This subsection does not apply to ingesting, inhaling, injecting, or otherwise taking into the body marijuana or tetrahydrocannabinol.2. A person who is under twenty-one years of age and intentionally ingests, inhales, injects, or otherwise takes into the body a controlled substance that is marijuana or tetrahydrocannabinol, unless the substance was medical marijuana obtained in accordance with chapter 19-24.1, is guilty of a class B misdemeanor.3. The venue for a violation of this section exists in either the jurisdiction in which the controlled substance was ingested, inhaled, injected, or otherwise taken into the body or the jurisdiction in which the controlled substance was detected in the body of the accused.Amended by S.L. 2021, ch. 172 (HB 1213),§ 4, eff. 5/3/2021.Amended by S.L. 2019, ch. 186 (HB 1050),§ 2, eff. 8/1/2019.Amended by S.L. 2017, ch. 164 (HB 1269),§ 5, eff. 8/1/2017.Amended by S.L. 2017, ch. 108 (HB 1041),§ 10, eff. 4/21/2017.