Jamestown, ND asked in Criminal Law and Appeals / Appellate Law for North Dakota

Q: Can you get 2nd off intent to deliver meth N.D.C.C. 19-03.1-23(1)(a)(1) if 1st is for 1/8 pot does 19-03.1-22.2 pertain

This is regarding N.D.C.C out of North Dakota.

The first offense was for delivery of 3 grams of marijuana and the charge was dismissed, guilty plea withdrawn and then changed to a plea of not guilty and sealed after all of the probation requirements were met. The judge, states attorney, probation officer, and clerk of court all signed off on it. The second charge comes 4 years after the previous case was sealed. Under 19-03.1-22.2(c) states "Controlled substance" means the same as that term is defined in section

19-03.1-01, except the term does not include less than one-half ounce of

marijuana." Definition in 19-03.1-01: "Controlled substance" means a drug, substance, or immediate precursor in schedules I through V as set out in this chapter."

Would this pertain to a second offense of intent to deliver methamphetamine? Considering both are to be classified as controlled substances? Or does this exclude the 3 grams of marijuana?

1 Lawyer Answer
Lucas Wynne
Lucas Wynne
  • Criminal Law Lawyer
  • Duluth, MN
  • Licensed in North Dakota

A: You are way over your head on this and need a defense attorney. No attorney can give you a real answer until they see the charging documents and evidence. Even if the charging documents made an error, the evidence could negate that error.

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