Legal Question in Criminal Law in North Dakota

My son was pulled over and had 3 pkgs of herbal incense which is illegal in North Dakota. We live on the boder of Minnesota were he bought it. He is being charge with a class C felony for each one. 2-5yrs on each charge. This is his first offense he's only 18. I think this penalty is outragously harsh. What advice can you give me, I think it should be legal myself. How can I help my son?

Thank you,

Tracy Reyes


Asked on 3/14/11, 9:35 pm

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

That "herbal incense" is synthetic Marijuana. And it qualifies as a felony in ND. This happens a lot in Fargo ever since ND made it illegal. It will soon be illegal in MN too.

The best advice is: "get a lawyer." If you son has no prior offenses there are actions that can be taken to prevent a felony from following him around his whole life.

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Answered on 3/23/11, 10:26 am


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