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Most Common Drug Defenses in North Dakota

29th September 2017 | Sand Law, PLLC

Whether you are facing prosecution for possession of a controlled substance or the intent to sell or distribute an illegal substance, you may have a number of potential legal defenses available to assert. Depending on the unique circumstances of your case, choosing the right drug defense in North Dakota can dramatically reduce the potential punishment that you are facing. When meeting with your attorney, here are some key defense strategies to consider.


It happens more than you would think. You are offered drugs by someone you don’t know and despite repeatedly refusing them, they continue to pester you. Eventually, you may cave just to make them go away, but as soon as you agree, you find the cuffs slapped on your wrists. This is referred to as entrapment, and it is not something that police officers are allowed to do. When investigating drug crimes undercover, officers cannot aggressively pursue or persuade you to purchase drugs illegally, yet many will do it, especially if you are hanging around a common drug trafficking area. This is just one scenario, but entrapment can take many different forms.

Malicious Intent

If you are arrested for drug possession and you have no idea where the drugs came from, then taking up a malicious intent defense may be the next natural step. Occasionally in order to seek revenge for something, someone may plant drugs and then place a tip to the police. This can be a huge deal and difficult to prove. It requires a lot of investigation into the person you believe to have planted it. For this defense, you and your attorney will need to turn up evidence proving they planted it, like witnesses or documents that point to their malicious intent.

Medicinal Use

This defense only works for marijuana specifically and can be a gamble. While marijuana is legalized for medicinal use in North Dakota, it is required that you carry a card to signal that you are a licensed user of medical marijuana. However, these cards can be difficult to obtain. If you can prove you were possessing marijuana in order to use it for a medical condition that studies have shown marijuana use to be effective for then it may still be a valid defense. If you have proof you have back pain or glaucoma, both of which can be treated by medical marijuana, are conditions that may make you eligible for such a card.

Denying Ownership

If there is one drug defense that is used more than others, it is the denial of ownership. While you may think it is the first step of this defense to deny the ownership of illegal substances at the time of arrest, it is best to just keep quiet. Instead, contact your attorney as soon as possible so they can advise you as to how to proceed.

If you have been arrested for drug possession with or without the intent to sell, no matter what you think your defense strategy should be, your first steps should be to shut your mouth right after you ask for your lawyer. The worst thing you can do for your case can often be the defensive utterances that you make at the time of your arrest. What you say then can greatly derail a potentially effective drug defense. If you need a drug charge defense lawyer in Watford City, Williston, Minot, or Bismark, North Dakota, contact us today. The criminal defense lawyers at Sand Law PLLC will fight in order to help you get the best possible result for your case. We offer free consultations. Call us today at 701-609-1510.

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