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HB 1367

Law Enforcement - As introduced, requires a law enforcement officer initiating a traffic stop or pedestrian stop, on or after January 1, 2026, to inform the person stopped of the reason for the stop before engaging the person in questioning related to an investigation of a possible criminal offense or traffic violation; permits the officer to withhold such information if the officer believes that doing so is necessary to protect life or property from an imminent threat. - Amends TCA Title 38; Title 39 and Title 40.

114th Regular Session (2025-2026) Introduced by Jesse Chism

ND HB 1367 tightens drug-possession penalties, expands drug-paraphernalia offenses, and adds treatment and supervised-probation options tied to sentencing.

P2C, ref. to Judiciary Committee
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Bill Summary · HB 1367

HB 1367 — North Dakota (2025)

Amends NDCC §§ 19-03.1-23(7) and 19-03.4-03(1) — drug possession penalties and drug‑paraphernalia offenses

Purpose

To revise criminal classifications and sentencing options for unlawful possession of controlled substances and to increase penalties for certain drug‑paraphernalia offenses. The bill also adds provisions authorizing treatment placement and supervised‑probation options tied to possession convictions.

Key provisions and changes

  • Clarifies that “willful” possession of a controlled substance or analog is unlawful unless obtained by valid prescription/practitioner order; preserves certain statutory exceptions (see NDCC references in the bill).
  • Adjusts criminal classifications for possession:
    • General rule: first offense = class A misdemeanor; second or subsequent offense = class C felony (except for marijuana and tetrahydrocannabinol (THC) where separate thresholds apply).
    • Possession on school property (public/private elementary or secondary school or public career & technical school): upgraded to a class B felony unless the offense involves marijuana or THC.
  • Marijuana thresholds (possession):
    • < 1/2 ounce (less than 14.175 grams) → infraction.
    • ≥ 1/2 ounce and ≤ 500 grams → class B misdemeanor.
    • > 500 grams → class A misdemeanor.
  • Tetrahydrocannabinol (THC) thresholds:
    • < 2 grams → infraction.
    • ≥ 2 grams and ≤ 6 grams → class B misdemeanor.
    • > 6 grams → class A misdemeanor.
  • Small quantity opioid/other controlled substances:
    • Possession of five or fewer capsules, pills, or tablets of a Schedule II–V controlled substance (or analog) → class A misdemeanor; second/subsequent non‑marijuana/THC offenses can elevate to class C felony.
  • Drug‑paraphernalia:
    • Possessing or using paraphernalia to plant/produce/process/etc. controlled substances is prohibited.
    • If paraphernalia is used (or intended for use) in connection with Schedule I–III controlled substances (other than marijuana or THC), the offense is a class C felony.
  • Sentencing/treatment options:
    • If sentenced to DOC custody under this subsection, the department may place the individual in a designated drug & alcohol treatment program; successful completion can result in release to begin court‑ordered probation.
    • If no court‑ordered probation exists, the court shall order supervised probation for the remainder of the sentence.
    • Probation may include placement in another facility, treatment program, drug court, mental‑health court, or veterans treatment docket.
    • Individuals incarcerated due to a second probation revocation are ineligible for release based solely on successful completion of treatment.

Who is affected

  • Individuals possessing controlled substances or paraphernalia in North Dakota (including distinctions for marijuana and THC).
  • Persons found in possession on school property (heightened penalties).
  • Courts, DOC, and treatment providers — by expanding treatment placement and supervised‑probation authority/options.

Procedural / timeline status

  • Introduced: November 18, 2024.
  • Passed both chambers (House vote recorded 93–0; Senate 46–0) and enrolled.
  • Filed with the Secretary of State: April 8, 2025 (per bill status provided).

Potential impacts

  • Criminal justice: increases felony exposure for repeat possession (non‑marijuana/THC) and for paraphernalia tied to Schedule I–III drugs; raises school‑property penalties.
  • Public health/treatment: formalizes and expands use of treatment programs and supervised‑probation alternatives tied to incarceration, potentially increasing diversion to treatment while retaining criminal penalties.
  • Local courts and correctional agencies may see increased demand for treatment‑program placements and supervised‑probation monitoring.

Statutes amended: North Dakota Century Code sections 19‑03.1‑23(7) and 19‑03.4‑03(1).

Compiled from official sources — confirm details with the bill’s official record.

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