substances to or by students - Penalties. 1. It shall be unlawful for any person to deliver or administer, whether or not for a consideration, any alcoholic beverage or controlled substance to any student, or to any other person for redelivery or administration to a student, during the time of the student's commitment to the North Dakota youth correctional center. This subsection shall not apply to the delivery or administration of controlled substances or alcoholic beverages in accordance with the orders or prescription of a duly licensed physician and the approval, except in emergency circumstances, of the superintendent. 2. No student shall, during the student's commitment to the North Dakota youth correctional center, possess any controlled substance or alcoholic beverage unless the substance or beverage was delivered to the student or was possessed in accordance with the prescription or orders of a licensed physician. 3. Any person, other than an official or employee of the North Dakota youth correctional center, who violates subsection 1 by delivering or administering a controlled substance is guilty of a class B felony. Any official or employee of the North Dakota youth correctional center who violates subsection 1 by delivering or administering a controlled substance is guilty of a class A felony. Any person who violates subsection 1 by delivering an alcoholic beverage is guilty of a class A misdemeanor. 4. Any person who violates subsection 2 by possessing a controlled substance shall be guilty of a class B felony. Any person who violates subsection 2 by possessing alcoholic beverages shall be guilty of a class A misdemeanor. The district court may waive juvenile jurisdiction over a child above sixteen years of age charged with an offense under subsection 2. The person shall then be transferred to the appropriate court for criminal prosecution. 5. 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.
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