N.D. Cent. Code § 12-44.1-21

12-44.1-21. Prohibited acts

1. It is unlawful for a person to willfully:

a. Manufacture, or possess with intent to manufacture, a controlled substance in a

correctional facility.

b. Deliver, or possess with intent to deliver, a controlled substance in a correctional

facility. This subsection does not apply to the possession or delivery of controlled

substances in accordance with the orders or prescription of a licensed physician

and the approval, except in emergency circumstances, of the correctional facility

administrator.

c. A person who violates this subsection is guilty of a class A felony.

2. It is unlawful for an inmate detained in a correctional facility to possess any controlled

substance except in accordance with the prescription or orders of a licensed physician,

and the approval, except in emergency circumstances, of the correctional facility

administrator. It is unlawful for an inmate in a correctional facility to possess alcohol or

alcoholic beverages. If a correctional facility has adopted a rule banning the

possession of tobacco in a correctional facility, it is unlawful for an inmate in a

correctional facility to possess any tobacco except when the correctional facility

administrator has authorized possession of tobacco for religious purposes or when on

an authorized release from the correctional facility. An 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 a person to willfully deliver alcohol or alcoholic beverages to an

inmate in a correctional facility. It is unlawful for a person to willfully deliver tobacco to

an inmate in a correctional facility that has adopted a rule banning the possession of

tobacco except when the correctional facility administrator has authorized possession

of tobacco for religious purposes or when the inmate is on an authorized release from

the correctional facility. A person who violates this subsection by:

a. Delivery of alcohol or alcoholic beverages to an inmate in a correctional facility is

guilty of a class A misdemeanor.

b. Delivery of tobacco to an inmate in a correctional facility is guilty of a class B

misdemeanor.

4. It is unlawful for a person who is not an inmate to willfully possess a controlled

substance in a correctional facility except in accordance with the orders or prescription

of a licensed physician. A person who violates this subsection is guilty of a class B

felony.

5. It is unlawful for an inmate in a correctional facility to willfully procure, make, or

possess an object, including a shard made of any material or a weapon, firearm,

ammunition, or explosive material, intended to be used for an assault on another

person or to damage property. An inmate in a correctional facility 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 a person to deliver or provide to an inmate in a correctional facility an

object intended to be used for an assault on another person or to damage property. A

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
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 communication 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 an inmate in a correctional facility to willfully manufacture,

possess, or use a wireless electronic communication device in a correctional

facility except for law enforcement purposes.

b. It is unlawful for any person to willfully deliver, or possess with intent to deliver, a

wireless electronic communication device to an inmate in a correctional facility or

to any person for redelivery to an inmate in a correctional facility, or to allow an

inmate to possess or use a wireless electronic communication device in a

correctional facility except for law enforcement purposes.

c. A violation of this subsection is a class C felony.