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The first offense was for delivery of 3 grams of marijuana and the charge was dismissed, guilty plea withdrawn and then changed to a plea of not guilty and sealed after all of the probation requirements were met.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?
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