§ 12-47-21 — Alcoholic beverages and controlled substances prohibited - Physician's orders - Use of tobacco - Weapons and firearms - Penalty

North Dakota § 12-47-21

• Jurisdiction: North Dakota
• Title 12: Corrections, Parole, and Probation
• Ch. 12-47: The Penitentiary

Text

orders - Use of tobacco - Weapons and firearms - Penalty.
1. It is unlawful for any person to willfully:
a. Manufacture or possess with intent to manufacture or deliver, a controlled
substance, on or within any premises under the control of the department of
corrections and rehabilitation or any of its divisions.
b. Deliver a controlled substance to any inmate of the penitentiary, or to any other
person for redelivery to an inmate of the penitentiary. This subsection does not
apply to the possession, delivery, or administration of controlled substances by
the penitentiary pharmacy or agent of the penitentiary pharmacy or in accordance
with the orders or prescription of a licensed physician and the approval, except in
emergency circumstances, of the warden. Any person who violates this
subsection is guilty of a class A felony.
2. It is unlawful for a penitentiary inmate to possess any controlled substance except in
accordance with the prescription or orders of a licensed physician. It is unlawful for a
penitentiary inmate to possess alcohol or alcoholic beverages. It is unlawful for a
penitentiary inmate to possess any tobacco except when the warden has authorized
possession of tobacco for religious purposes or when on authorized release from the
penitentiary. Any penitentiary inmate who violates this subsection with respect to:
a. Possession of a controlled substance is guilty of a class B felony.
b. Possession of alcohol or alcoholic beverages is guilty of a class A misdemeanor.

c. Possession of tobacco is guilty of a class B misdemeanor.
3. It is unlawful for any person to willfully deliver alcohol or alcoholic beverages to a
penitentiary inmate. It is unlawful for any person to willfully deliver tobacco to an
inmate except when the warden has authorized delivery of tobacco for religious
purposes or when the inmate is on an authorized release from the penitentiary. Any
person who violates this subsection by:
a. Delivery of alcohol or alcoholic beverages to a penitentiary inmate is guilty of a
class A misdemeanor.
b. Delivery of tobacco to a penitentiary inmate is guilty of a class B misdemeanor.
4. It is unlawful for any person other than a penitentiary inmate to willfully possess a
controlled substance on or within any property under the control of the department of
corrections and rehabilitation or any of its divisions except when the person is an
authorized agent of the penitentiary pharmacy or except in accordance with the orders
or prescription of a licensed physician. Any person who violates this subsection is
guilty of a class B felony.
5. It is unlawful for a penitentiary inmate to willfully procure, make, or possess any object,
including a shard made of any material or any weapon, firearm, ammunition, or
explosive material, intended to be used for an assault on another person or to damage
property. Any penitentiary inmate who violates this subsection with respect to:
a. A shard or weapon that is not a dangerous weapon or firearm as defined in
section 62.1-01-01 is guilty of a class B felony.
b. Ammunition, a knife of any length, a weapon that is a dangerous weapon or
firearm as defined in section 62.1-01-01, or explosive material is guilty of a
class A felony.
6. It is unlawful for any person to deliver or provide to a penitentiary inmate any object
intended to be used for an assault on another person or to damage penitentiary
property. Any person who violates this subsection with respect to:
a. A shard or weapon that is not a dangerous weapon or firearm as defined in
section 62.1-01-01 is guilty of a class B felony.
b. Ammunition, a knife of any length, a weapon that is a dangerous weapon or
firearm as defined in section 62.1-01-01 or is an explosive or destructive device is
guilty of a class A felony.
7. 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. As used in this
section, "willfully" is as defined in section 12.1-02-02. As used in this section, "alcohol"
and "alcoholic beverage" are as defined in section 5-01-01. As used in this section,
"tobacco" means any form of tobacco, including cigarettes, cigars, snuff, or tobacco in
any form in which it may be used for smoking or chewing. As used in this section, a
wireless electronic communications device includes a cellular telephone, personal
digital assistant, pager, mobile broadband card, internet router, digital camera,
two-way radio, modem, or any other electronic device capable of wireless
transmission, reception, interception, or storage of oral communications, text,
electronic mail, video or photograph images, data signals, or radio communications,
and also includes a component of a wireless electronic device, regardless whether the
component itself is able to transmit, store, or receive oral communications, text,
electronic mail, video or photograph images, data signals, or radio communications. A
wireless electronic communications device does not include a medically prescribed
device or any other device approved by the department.
8. a. It is unlawful for a penitentiary inmate to willfully manufacture, possess, or use a
wireless electronic communications device on or within any premises under the
control of the department of corrections and rehabilitation or any of its divisions
except as authorized by the department of corrections and rehabilitation.
b. It is unlawful for any person to willfully deliver, or possess with intent to deliver, a
wireless electronic communications device to a penitentiary inmate or to any
person for redelivery to a penitentiary inmate, or to allow a penitentiary inmate to
possess or use a wireless electronic communications device, on or within any

premises under the control of the department of corrections and rehabilitation or
any of its divisions except as authorized by the department of corrections and
rehabilitation.
c. A violation of this subsection is a class C felony.