North Dakota Century Code Title 19. Foods, Drugs, Oils, and Compounds § 19-03.1-22.6. Distribution of illegal drugs--Special penalty for death or injury

a. “Consume” means to inject, ingest, or inhale a controlled substance.

b. “Controlled substance” includes derivatives or analogs to a scheduled controlled substance.

c. “Injury” means an overdose that puts an individual's life at immediate risk.

d. “Supplies” includes delivering, supplying, directing, or willfully assisting another to supply or deliver a controlled substance.

a. A violation of this section is a class A felony.

b. This section does not limit a conviction under chapter 12.1-16, but an individual may not be found guilty of this section and an offense under chapter 12.1-16 if the conduct arises out of the same course of conduct.

a. An individual may not be convicted in more than one county for the death or injury of the same individual who overdosed on a controlled substance.

b. Notwithstanding chapter 29-03, an individual outside the state may be prosecuted within the state under this section.

c. The charging document for a violation of this section must list an overt act in which the individual engaged to violate this section.

d. Injury or death by an overdose may be proven by direct or circumstantial evidence.

a. An individual may not be charged under this section if the individual complied with section 19-3.1-23.4.

b. It is not a defense to this section that the deceased or injured individual had other controlled substances or alcohol in the individual's system which the defendant did not supply at the time of an overdose.