ND HB1459

Adds new aggravating factor for drug offenses involving manufacture, delivery, or possession with intent to manufacture or deliver controlled substances (other than marijuana or tetrahydrocannabinol) within 300 feet of a public park.

Increases criminal penalties by one felony class for drug violations meeting aggravating factors: Class B felony becomes Class A, Class C felony becomes Class B, and Class A misdemeanor becomes Class C felony.

Maintains existing aggravating factors including drug offenses near schools during school hours, offenses involving specific drug quantities (heroin, cocaine, methamphetamine, etc.), possession of firearms during drug offenses, and drug distribution resulting in death.

Excludes individuals immune from prosecution under section 19-03.1-23.4 from enhanced penalties for drug distribution causing death.