North Dakota § 12-46-24 Prohibition on delivery or possession of alcoholic beverages or controlled substances to or by students - Penalties

North Dakota Statutes

§ 12-46-24 — Prohibition on delivery or possession of alcoholic beverages or controlled substances to or by students - Penalties

North Dakota·Title 12 Corrections, Parole, and Probation·Ch. 12-46 North Dakota Youth Correctional Center

substances to or by students - Penalties.

1.It shall be unlawful for any person to deliver or administer, whether or not for a consideration, any alcoholic beverage or controlled substance to any student, or to any other person for redelivery or administration to a student, during the time of the student's commitment to the North Dakota youth correctional center. This subsection shall not apply to the delivery or administration of controlled substances or alcoholic beverages in accordance with the orders or prescription of a duly licensed physician and the approval, except in emergency circumstances, of the superintendent.

2.No student shall, during the student's commitment to the North Dakota youth correctional center, possess any controlled substance or alcoholic beverage unless the su

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substances to or by students - Penalties.
1. It shall be unlawful for any person to deliver or administer, whether or not for a
consideration, any alcoholic beverage or controlled substance to any student, or to any
other person for redelivery or administration to a student, during the time of the
student's commitment to the North Dakota youth correctional center. This subsection
shall not apply to the delivery or administration of controlled substances or alcoholic
beverages in accordance with the orders or prescription of a duly licensed physician
and the approval, except in emergency circumstances, of the superintendent.
2. No student shall, during the student's commitment to the North Dakota youth
correctional center, possess any controlled substance or alcoholic beverage unless the
substance or beverage was delivered to the student or was possessed in accordance
with the prescription or orders of a licensed physician.
3. Any person, other than an official or employee of the North Dakota youth correctional
center, who violates subsection 1 by delivering or administering a controlled substance
is guilty of a class B felony. Any official or employee of the North Dakota youth
correctional center who violates subsection 1 by delivering or administering a
controlled substance is guilty of a class A felony. Any person who violates subsection 1
by delivering an alcoholic beverage is guilty of a class A misdemeanor.
4. Any person who violates subsection 2 by possessing a controlled substance shall be
guilty of a class B felony. Any person who violates subsection 2 by possessing
alcoholic beverages shall be guilty of a class A misdemeanor. The district court may
waive juvenile jurisdiction over a child above sixteen years of age charged with an

offense under subsection 2. The person shall then be transferred to the appropriate
court for criminal prosecution.
5. As used in this section, "controlled substance" is as defined in section 19-03.1-01 and
includes counterfeit substances as defined in section 19-03.1-01.

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