North Dakota Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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FAQ
Schedules of Controlled Substances: Placement of Propofol Into Schedule IV.
Propofol has not been considered a controlled substance because it is not associated with physical dependency.
During the 2011 North Dakota Legislative session SB 2119 was en- acted in law. This legislation added previously non-scheduled substances Soma® and propofol to the list of substances as a Schedule IV substance. The law took effect on August 1, 2011.
A controlled substance classified in schedule I or II which is a narcotic drug, or methamphetamine, is guilty of a class B felony. b. Any other controlled substance classified in schedule I, II, or III, or a controlled substance analog, except marijuana or tetrahydrocannabinol is guilty of a class B felony.
Propofol is not scheduled under the Controlled Substances Act (CSA).
What Is Possession of a Controlled Substance? North Dakota state law makes it illegal to possess an unlawful controlled substance such as cocaine, heroin, opiates, and methamphetamine. This includes drugs that would be legal if they were lawfully prescribed and properly used?such as Oxycodone.
A person may not use or possess with the intent to use drug paraphernalia to inject, ingest, inhale, or otherwise induce into the human body a controlled substance, other than marijuana, classified in schedule I, II, or III of chapter 19-03.1. A person violating this subsection is guilty of a class A misdemeanor.
If the offense for which the offender is convicted is a class C felony, the court shall impose a minimum sentence of two years' imprisonment. 3. This section applies even when being armed is an element of the offense for which the offender is convicted.