Under Influence | North Dakota Concealed Carry

Carrying Under the Influence in North Dakota

North Dakota law restricts carrying or possessing a firearm while under the influence of alcohol or drugs. The statutory framework is in N.D.C.C. Title 62.1, supplemented by liquor-establishment rules under N.D.C.C. 62.1-02-04 and federal law under 18 U.S.C. 922(g)(3) (unlawful drug user prohibition).

Federal Prohibition - Unlawful Drug User (18 U.S.C. 922(g)(3))

A person who is an unlawful user of, or addicted to, a controlled substance is a federally prohibited person. This category includes:

• A person who uses marijuana, including state-medical-cannabis patients in states where medical marijuana is legal. Marijuana remains a Schedule I controlled substance under federal law, so any current marijuana user is federally prohibited regardless of state-medical-cannabis status. (North Dakota legalized medical marijuana in 2016, but the federal prohibition still applies to ND medical cannabis patients.)
• A person who uses cocaine, methamphetamine, heroin, or other controlled substances.
• A person who misuses prescription drugs (using them without a valid prescription or contrary to medical direction).

A current unlawful user is prohibited from possessing any firearm, not just carrying one in public. ATF Form 4473 question 21(g) asks specifically about unlawful drug use, including marijuana.

State Law - Carrying Under the Influence

While North Dakota statutes do not contain a single, isolated "carrying while intoxicated" provision the way some states do, multiple statutory and practical considerations restrict carry while intoxicated:

1. Liquor establishments. Under N.D.C.C. 62.1-02-04, it is generally prohibited to possess a firearm or dangerous weapon at a licensed liquor establishment or gaming site. A CWL holder may carry concealed in a liquor establishment provided the holder is not consuming alcohol. Permitless carriers do not enjoy this exception - they cannot lawfully carry concealed in a liquor establishment at all.

A CWL holder who consumes any alcohol in a liquor establishment loses the carry exception and is in violation of N.D.C.C. 62.1-02-04. The statute does not provide a specific BAC threshold; any consumption at the establishment is the trigger.

2. Reckless endangerment and disorderly conduct. Carrying or handling a firearm while intoxicated to the point of impairment can support charges under general criminal statutes, including reckless endangerment (N.D.C.C. 12.1-17-03) and disorderly conduct (N.D.C.C. 12.1-31-01), particularly if any incident involves brandishing, discharging, or otherwise endangering others.

3. CWL eligibility - alcohol-related convictions (Class 1). Under N.D.C.C. 62.1-04-03, a conviction for any alcohol-related offense within the past 3 years disqualifies an applicant for a Class 1 CWL. The applicant may still pursue a Class 2 license.

4. Justification limits. A person who is voluntarily intoxicated and who initiates or escalates an encounter may be deemed the initial aggressor for purposes of the justification analysis under N.D.C.C. 12.1-05, losing the right to claim self-defense.

"Under the Influence" - Practical Threshold

North Dakota's general "under the influence" definition for criminal law purposes parallels the DUI standard (impaired ability to operate a vehicle), but the carry context typically focuses on:

• Any consumption in a licensed liquor establishment for CWL holders (statutory).
• Impaired judgment, coordination, or perception for general criminal liability (case-specific).

Best practice: Do not consume alcohol while carrying. If you choose to drink:

• Disarm before consuming and secure the firearm appropriately.
• Do not store the firearm in a way that gives the impression of constructive possession during impairment (e.g., on the bar, on the table).
• Recognize that even small amounts of alcohol can affect threat assessment and use-of-force judgment.

Open Container in Vehicles

Carrying a firearm in a vehicle is permitted for CWL holders and constitutional carriers (see Vehicle Carry). However, an open alcohol container in the vehicle implicates ND's open-container law (N.D.C.C. 39-08-18) independently. The combination of an open container and a firearm increases the likelihood of additional charges if the driver shows signs of impairment during a stop.

Marijuana and Firearms - State vs. Federal Conflict

ND allows medical marijuana under N.D.C.C. Chapter 19-24.1. However:

• Marijuana remains a Schedule I controlled substance under federal law (21 U.S.C. 812).
• A ND medical-marijuana cardholder is a current unlawful user under federal law (18 U.S.C. 922(g)(3)) and is federally prohibited from possessing firearms.
• ATF Form 4473 question 21(g) explicitly warns: "The use or possession of marijuana remains unlawful under federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."
• A current marijuana user (medical or otherwise) who possesses a firearm violates federal law regardless of ND state law.
• A medical marijuana card is not an automatic disqualifier under ND state law, but BCI may consider it in evaluating disqualifying drug-use status under N.D.C.C. 62.1-02-01.

This federal-state conflict means a ND medical-marijuana cardholder who wishes to legally possess firearms faces practical and federal-criminal risk. Consult an attorney before relying on any state-level allowance.

CBD and Hemp-Derived Products

CBD products derived from hemp (under 0.3% THC) are federally legal under the 2018 Farm Bill and are not within the 18 U.S.C. 922(g)(3) prohibition. THC-containing products derived from cannabis remain federally controlled.

Prescription Medications

A person taking lawfully prescribed medications according to medical direction is generally not an "unlawful user" under federal law, even if the medication has impairing effects. However:

• Misuse of a prescription (using more than prescribed, using someone else's prescription) makes the user an unlawful user.
• A medication that impairs judgment or coordination can still expose the carrier to use-of-force and negligence consequences even when use is lawful.

Discuss medication interactions with a physician before carrying.

Penalties

• CWL holder carrying in a liquor establishment while consuming alcohol: Loss of the statutory carry exception; may be charged under N.D.C.C. 62.1-02-04. Penalty: typically a misdemeanor under N.D.C.C. 62.1-04-05.
• Constitutional carrier in a liquor establishment: Always prohibited; charged under N.D.C.C. 62.1-02-04 and possibly 62.1-04-05.
• Federal unlawful drug user possessing a firearm: 18 U.S.C. 922(g)(3) violation, up to 15 years federal imprisonment under 18 U.S.C. 924(a)(8) (as amended by the Bipartisan Safer Communities Act, 2022).
• General reckless conduct while armed: Various ND criminal charges depending on facts.

Practical Rules of Thumb

• Do not consume alcohol while carrying. Disarm and secure the firearm before drinking.
• CWL holders in liquor establishments: Do not order anything alcoholic if armed.
• Constitutional carriers: Do not enter liquor establishments while carrying.
• Marijuana users (medical or otherwise): Federal law treats you as a prohibited person. Reconcile with counsel before possessing any firearm.
• Prescription medications: Discuss carry implications with your prescribing physician.

Statutory References

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This is general information, not legal advice. Use-of-force and intoxication issues are fact-specific. Consult a ND attorney for case-specific guidance.