Under federal law (applicable in all states) it is illegal for a person to knowingly or intentionally manufacture, distribute, or dispense a controlled substance—or to possess a controlled substance with the intent to manufacture, distribute, or dispense it. It is also illegal to create, distribute, or dispense a counterfeit substance, or to possess a counterfeit substance with the intent to distribute or dispense it.

The term controlled substance means a drug or other substance—or an immediate precursor to the drug or other substance—that is included in schedule I, II, III, IV, or V of the relevant portion of the United States Code (statute). See 21 U.S.C. §841.

The term counterfeit substance means a controlled substance (or its container or labeling) that—without authorization—bears the trademark, trade name, or other identifying mark, imprint, or number of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance. In other words, a counterfeit substance is falsely represented to be manufactured or distributed by an another (presumably authorized) manufacturer, distributor, or dispenser.

It is also illegal for a person to knowingly or intentionally manufacture, distribute, or dispense a controlled substance—or to possess a controlled substance with the intent to manufacture, distribute, or dispense it—under state law. As under federal law, state laws usually classify substances in groups or schedules that determine which substances are included in the definition of controlled substances, and the potential penalties or punishments for distributing them.

Criminal charges and penalties for these offenses vary from state to state and are usually located in a state’s statutes.

Under both federal and North Dakota state law, it is illegal to manufacture, distribute, or dispense controlled substances, or to possess them with the intent to do so. Controlled substances are classified into schedules I through V according to their potential for abuse and accepted medical use, as outlined in 21 U.S.C. §841. Additionally, it is unlawful to create, distribute, or dispense counterfeit substances, which are drugs misrepresented as being produced by an authorized manufacturer. In North Dakota, these activities are regulated under the North Dakota Century Code (NDCC), which mirrors federal legislation and provides specific penalties for violations. The NDCC also categorizes drugs into schedules and establishes the corresponding legal ramifications for the manufacture, distribution, dispensation, or possession with intent to engage in these activities. Penalties in North Dakota for such offenses can include fines, imprisonment, or both, and vary based on the substance's schedule, the amount involved, and the offender's criminal history.