The State Laws of North Dakota

Disclaimer:

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. If you need legal advice and assistance, contact North Dakota lawyers.

North Dakota Abortion Laws

Within the state of North Dakota, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, North Dakota state legislation expresses a variety of stipulations with regard to a legal abortion process:

• North Dakota State protects the ‘right to choose’ granted to a Mother; in the event that the development of a fetus exists within the first 12 weeks of pregnancy

• A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review

• An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of North Dakota, unauthorized individuals conducting abortions may be charged with applicable Class Felonies and Misdemeanors

North Dakota Marijuana Laws

Within the state of North Dakota, the possession of Marijuana - or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the North Dakota State Government is a punishable, criminal offense; positive drug testing revealing usage on the part of an individual can render a possession charge. The following penalties are associated with Marijuana within the state of North Dakota:

Possession/Under the Influence of Marijuana

1. Amount: less than 1 ounce

• Penalty: 30 days’ incarceration

• Fines: $1,000

• Classification: Misdemeanor

2. Amount: less than 1 ounce (while operating a motor vehicle)

• Penalty: 1 years’ incarceration

• Fines: $1,000

• Classification: Misdemeanor

3. Amount: ½ to 1 ounce

• Penalty: 1 years’ incarceration

• Fines: $2,000

• Classification: Misdemeanor

4. Amount: more than 1 ounce

• Penalty: 5 years’ incarceration

• Fines: $5,000

• Classification: Felony

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration. Any drug conviction requires an individual to undergo mandatory substance abuse examination:

5. Amount: less than 100 pounds

• Penalty: up to 10 years’ incarceration

• Fines: $10,000

• Classification: Felony

6. Amount: more than 100 pounds

• Penalty: up to 20 years’ incarceration

• Fines: $10,000

• Classification: Felony

Medical Marijuana

Within the state of North Dakota, Medical Marijuana is considered to be illegal both for patient use and cultivation

North Dakota DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of North Dakota:

• Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of North Dakota, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

• The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

• In North Dakota, supplementary penalties may be incurred due to BAC levels exceeding .18%

• Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within North Dakota, law enforcement agents are permitted to act in accordance with implied consent laws

• Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 91 days’ time; penalties can range upwards of 2 years in addition to the installation of an ignition interlock device

• Upon a second DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle

North Dakota Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of North Dakota, handgun laws are as follows:

• The sale, ownership, or possession of handguns with regard to convicted felons within 10 years of release from prison, minors– outside of hunting purposes - without parental consent, individuals convicted of Class A Misdemeanors within the past 5 years, or individuals who have been in long-term care in a mental health facility is illegal in the state of North Dakota; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

• A waiting period for the purchase of a firearm does not currently exist in the state of North Dakota

• Current listing or report of forearms considered to be illegal in the state of North Dakota: silenced firearms, sawed-off shotguns or rifles, machine guns, and any or all firearms not in compliance with the National Firearms Safety Act

North Dakota Adoption Laws

In the state of North Dakota, an unmarried individual who has been deemed as a law-abiding citizen of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:

• Any individual may be adopted; children above the age(s) of 10 must express consent with regard to a potential adoption

• Within the state of North Dakota, the Department of HumanServices mandates all adoptions

• The statute of limitations available to challenge an adoption is 1 years’ time subsequent to the adoption

• Within the state of North Dakota, and individual must maintain residence for a period of no less than 6 months

North Dakota Employment and Labor Laws

• Within the state of North Dakota, the minimum wage is $6.55 - $7.25 awarded per hour of labor

• Within the state of North Dakota, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

North Dakota Divorce Laws

Within the state of North Dakota, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

• A divorce must be filed by an individual resident of North Dakota state or serve as a member of the Armed Forces who serves in state

• ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

• Additional grounds for divorce can include cruelty, adultery, criminal conviction, addiction to drugs or alcohol, desertion, neglect, and insanity

North Dakota Death Penalty Laws

Within the state of North Dakota, Capital Punishment – or the Death Penalty – is illegal

North Dakota Gambling Laws

Within the state of North Dakota, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

• Licensed Horse racing wagering is legal

• Licensed Dog racing wagering is illegal

• Any and all unsanctioned structures and facilities intended to house gambling activity are deemed as illegal in the state of North Dakota

North Dakota Child Laws

Within the state of North Dakota, the following stipulations with regard to child laws and child custody are recognized:

• Joint custody is not permitted

• The rights implied within grandparental visitation are recognized

• The wishes of any or all children involves are taken into consideration with regard to a custody decision