Answer

Under N.D.C.C. § 19-03.1-23, possession with an intent to deliver marijuana is a class B felony:

1. Except as authorized by this chapter, it is unlawful for any person to willfully, as defined in section 12.1-02-02, manufacture, [***5] deliver, or possess with intent to manufacture or deliver, a controlled substance. . . . Any person who violates this subsection with respect to:

a. A controlled substance classified in schedule I or II which is a [**244] narcotic drug, or methamphetamine, is guilty of a class A felony. . . .

b. Any other controlled substance classified in schedule I, II, or III, is guilty of a class B felony, except that any person who delivers one hundred pounds . . . or more of marijuana is guilty of a class A felony. . . .

 

12.1-32-01. Classification of offenses -- Penalties.

Offenses are divided into seven classes, which are denominated and subject to maximum penalties, as follows:

1. Class AA felony, for which a maximum penalty of life imprisonment without parole may be imposed. The court must designate whether the life imprisonment sentence imposed is with or without an opportunity for parole. Notwithstanding the provisions of section 12-59-05, a person found guilty of a class AA felony and who receives a sentence of life imprisonment with parole, shall not be eligible to have that person's sentence considered by the parole board for thirty years, less sentence reduction earned for good conduct, after that person's admission to the penitentiary.

2. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of ten thousand dollars, or both, may be imposed.

3. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of ten thousand dollars, or both, may be imposed.

4. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of five thousand dollars, or both, may be imposed.

5. Class A misdemeanor, for which a maximum penalty of one year's imprisonment, a fine of two thousand dollars, or both, may be imposed.

6. Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of one thousand dollars, or both, may be imposed.

7. Infraction, for which a maximum fine of five hundred dollars may be imposed. Any person convicted of an infraction who has, within one year prior to commission of the infraction of which the person was convicted, been previously convicted of an offense classified as an infraction may be sentenced as though convicted of a class B misdemeanor. If the prosecution contends that the infraction is punishable as a class B misdemeanor, the complaint shall specify that the offense is a misdemeanor.

This section shall not be construed to forbid sentencing under section 12.1-32-09, relating to extended sentences.

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As you can see this is a very serious offense. Your son needs a lawyer. His attorney will investigate the state's case, interview any witnesses, inspect all evidence, question the police officers involved, review any documentation, research all applicable laws, and speak with the prosecuting attorney. Only then will your son be able to intelligently discuss his best options. I would not worry too much at this point about prison, but your son will want to keep his record clean if at all possible through effective negotiation with the prosecutor. Hopefully his attorney will be able to resolve the matter for community service and probation without the necessity of a conviction. The fact that he has no priors and is a good student will help in this effort. Also, the attorney may identify several "technical" defenses that help demonstrate weakness in the state's case and give you more leverage.

 

In short... get a good lawyer.

 

Please reply if I can help further.

 

 

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