§ 90‑86.
Title of Article.
This Article shall be known and may be
cited as the "North Carolina Controlled Substances Act." (1971, c. 919, s. 1.)
§ 90‑87. Definitions.
As used in this Article:
(1)
"Administer" means the direct application of a controlled substance,
whether by injection, inhalation, ingestion, or any other means to the body of
a patient or research subject by:
a.
A practitioner (or, in his presence, by his authorized agent), or
b.
The patient or research subject at the direction and in the presence of the
practitioner.
(2)
"Agent" means an authorized person who acts on behalf of or at the
direction of a manufacturer, distributor, or dispenser but does not include a
common or contract carrier, public warehouseman, or employee thereof.
(3)
"Bureau" means the Bureau of Narcotics and Dangerous Drugs, United
States Department of Justice or its successor agency.
(3a)
"Commission" means the Commission for Mental Health, Developmental
Disabilities, and Substance Abuse Services established under Part 4 of Article
3 of Chapter 143B of the General Statutes.
(4)
"Control" means to add, remove, or change the placement of a drug,
substance, or immediate precursor included in Schedules I through VI of this
Article.
(5) "Controlled substance" means
a drug, substance, or immediate precursor included in Schedules I through VI of
this Article.
(5a)
"Controlled substance analogue" means a substance (i) the chemical
structure of which is substantially similar to the chemical structure of a
controlled substance in Schedule I or II; (ii) which has a stimulant,
depressant, or hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance
in Schedule I or II; or (iii) with respect to a particular person, which such
person represents or intends to have a stimulant, depressant, or hallucinogenic
effect on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or II; and does not
include (i) a controlled substance; (ii) any substance for which there is an
approved new drug application; (iii) with respect to a particular person any
substance, if an exemption is in effect for investigational use, for that
person, under § 355 of Title 21 of the United States Code to the extent conduct
with respect to such substance is pursuant to such exemption; or (iv) any substance
to the extent not intended for human consumption before such an exemption takes
effect with respect to that substance. The designation of gamma butyrolactone
or any other chemical as a listed chemical pursuant to subdivision 802(34) or
802(35) of Title 21 of the United States Code does not preclude a finding
pursuant to this subdivision that the chemical is a controlled substance
analogue.
(6) "Counterfeit controlled
substance" means:
a.
A controlled substance which, or the container or labeling of which, without
authorization, bears the trademark, trade name, or other identifying mark,
imprint, number, or device, or any likeness thereof, of a manufacturer,
distributor, or dispenser other than the person or persons who in fact manufactured,
distributed, or dispensed such substance and which thereby falsely purports, or
is represented to be the product of, or to have been distributed by, such other
manufacturer, distributor, or dispenser; or
b. Any
substance which is by any means intentionally represented as a controlled
substance. It is evidence
that the substance has
been intentionally misrepresented as a controlled substance if the
following factors are established:
1.
The substance was packaged or delivered in a manner normally used for the
illegal delivery of controlled substances.
2. Money
or other valuable property has been exchanged or requested for the substance, and the amount of that consideration was
substantially in excess of the reasonable value of the substance.
3. The
physical appearance of the tablets, capsules or other finished product
containing the substance is substantially identical to a specified controlled
substance.
(7) "Deliver" or "delivery" means the actual constructive, or attempted transfer from one person to another
of a controlled substance, whether or not there is an agency
relationship.
(8) "Dispense" means to deliver a
controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a
practitioner, including the prescribing, administering, packaging, labeling, or
compounding necessary to prepare the substance for that delivery.
(9)
"Dispenser" means a practitioner who dispenses.
(10) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(11) "Distributor" means a person who distributes.
(12)
"Drug" means a. substances recognized in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or
official National Formulary, or any supplement to any of them; b. substances
intended for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in man or other animals; c. substances (other than food) intended to
affect the structure or any function of the body of man or other animals; and
d. substances intended for use as a component of any article specified in a, b,
or c of this subdivision; but does not include devices or their components,
parts, or accessories.
(13)
"Drug dependent person" means a person who is using a controlled
substance and who is in a state of psychic or physical dependence, or both,
arising from use of that controlled substance on a continuous basis. Drug dependence
is characterized by behavioral and other responses which include a strong
compulsion to take the substance on a continuous basis in order to experience
its psychic effects, or to avoid the discomfort of its absence.
(14)
"Immediate precursor" means a substance which the Commission has
found to be and by regulation designates as being the principal compound
commonly used or produced primarily for use, and which is an immediate chemical
intermediary used or likely to be used in the manufacture of a controlled
substance, the control of which is necessary to prevent, curtail, or limit such
manufacture.
(14a)
The term "isomer" means, except as used in G.S. 90‑87(17)(d),
G.S. 90‑89(c), G.S. 90‑90(1)d., and G.S. 90‑95(h)(3), the
optical isomer. As used in G.S. 90‑89(c) the term "isomer"
means the optical, position, or geometric isomer. As used in G.S. 90‑87(17)(d),
G.S. 90‑90(1)d., and G.S. 90‑95(h)(3) the term "isomer"
means the optical isomer or diastereoisomer.
(15) "Manufacture" means the production, preparation, propagation, compounding, conversion, or
processing of a controlled
substance by any means, whether directly or indirectly, artificially or
naturally, or by extraction from substances of a natural origin, or
independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis; and "manufacture" further includes any
packaging or repackaging of the substance or labeling or relabeling of its
container except that this term does not include the preparation or compounding
of a controlled substance by an individual for his own use or the preparation,
compounding, packaging, or labeling of a controlled substance:
a.
By a practitioner as an incident to his administering or dispensing of a
controlled substance in the course of his professional practice, or
b.
By a practitioner, or by his authorized agent under his supervision, for the
purpose of, or as an incident to research, teaching, or chemical analysis and
not for sale.
(16)
"Marijuana" means all parts of the plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from any part of
such plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin, but shall not include the mature
stalks of such plant, fiber produced from such stalks, oil, or cake made from
the seeds of such plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
such plant which is incapable of germination.
(17)
"Narcotic drug" means any of the following, whether produced directly
or indirectly by extraction from substances of vegetable origin, or
independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis:
a.
Opium and opiate, and any salt, compound, derivative, or preparation of opium
or opiate.
b.
Any salt, compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred to in
clause a, but not including the isoquinoline alkaloids of opium.
c.
Opium poppy and poppy straw.
d.
Cocaine and any salt, isomer, salts of isomers, compound, derivative, or
preparation thereof, or coca leaves and any salt, isomer, salts of isomers,
compound, derivative or preparation of coca leaves, or any salt, isomer, salts
of isomers, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of these substances, except that the
substances shall not include decocanized coca leaves
or extraction of coca leaves, which extractions do not contain cocaine or
ecgonine.
(18)
"Opiate" means any substance having an addiction‑forming
or addiction‑sustaining liability similar to
morphine or being capable of conversion into a drug having addiction‑forming
or addiction‑sustaining liability. It does not
include, unless specifically designated as controlled under G.S. 90‑88,
the dextrorotatory isomer of 3‑methoxy‑n‑methyl‑morphinan
and its salts (dextromethorphan). It does include its racemic and levorotatory
forms.
(19)
"Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(20)
"Person" means individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or
association, or any other legal entity.
(21)
"Poppy straw" means all parts, except the seeds, of the opium poppy,
after mowing.
(22)
"Practitioner" means:
a.
A physician, dentist, optometrist, veterinarian, scientific investigator, or
other person licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to or to administer a controlled
substance so long as such activity is within the normal course of professional
practice or research in this State.
b.
A pharmacy, hospital or other institution licensed, registered, or otherwise
permitted to distribute, dispense, conduct research with respect to or to
administer a controlled substance so long as such activity is within the normal
course of professional practice or research in this State.
(23)
"Prescription" means:
a.
A written order or other order which is promptly reduced to writing for a
controlled substance as defined in this Article, or for a preparation,
combination, or mixture thereof, issued by a practitioner who is licensed in
this State to administer or prescribe drugs in the course of his professional
practice; or issued by a practitioner serving on active duty with the armed
forces of the United States or the United States Veterans Administration who is
licensed in this or another state or Puerto Rico, provided the order is written
for the benefit of eligible beneficiaries of armed services medical care; a
prescription does not include an order entered in a chart or other medical
record of a patient by a practitioner for the administration of a drug; or
b.
A drug or preparation, or combination, or mixture thereof furnished pursuant to
a prescription order.
(24)
"Production" includes the manufacture, planting, cultivation,
growing, or harvesting of a controlled substance.
(25)
"Registrant" means a person registered by the Commission to
manufacture, distribute, or dispense any controlled substance as required by
this Article.
(26)
"State" means the State of North Carolina.
(27)
"Ultimate user" means a person who lawfully possesses a controlled
substance for his own use, or for the use of a member of his household, or for
administration to an animal owned by him or by a member of his household. (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 540, ss. 2‑4;
c. 1358, ss. 1, 15; 1977, c. 482, s. 6; 1981, c. 51, ss. 8, 9; c. 75, s. 1; c.
732; 1985, c. 491; 1987, c. 105, ss. 1, 2; 1991 (Reg. Sess., 1992), c. 1030, s.
21; 1997‑456, s. 27; 2003‑249, s. 2.)
§ 90‑88.
Authority to control.
(a)
The Commission may add, delete, or reschedule substances within Schedules I
through VI of this Article on the petition of any interested party, or its own
motion. In every case the Commission shall give notice of and hold a public
hearing pursuant to Chapter 150B of the General Statutes prior to adding,
deleting or rescheduling a controlled substance within Schedules I through VI
of this Article, except as provided in subsection (d) of this section. A
petition by the Commission, the North Carolina Department of Justice, or the
North Carolina Board of Pharmacy to add, delete, or reschedule a controlled
substance within Schedules I through VI of this Article shall be placed on the
agenda, for consideration, at the next regularly scheduled meeting of the
Commission, as a matter of right.
(a1) In
making a determination regarding a substance, the Commission shall consider the
following:
(1)
The actual or relative potential for abuse;
(2)
The scientific evidence of its pharmacological effect, if known;
(3)
The state of current scientific knowledge regarding the substance;
(4)
The history and current pattern of abuse;
(5)
The scope, duration, and significance of abuse;
(6)
The risk to the public health;
(7)
The potential of the substance to produce psychic or physiological dependence
liability; and
(8)
Whether the substance is an immediate precursor of a substance already
controlled under this Article.
(b)
After considering the required factors, the Commission shall make findings with
respect thereto and shall issue an order adding, deleting or rescheduling the
substance within Schedules I through VI of this Article.
(c)
If the Commission designates a substance as an immediate precursor, substances
which are precursors of the controlled precursor shall not be subject to
control solely because they are precursors of the controlled precursor.
(d)
If any substance is designated, rescheduled or deleted as a controlled
substance under federal law, the Commission shall similarly control or cease
control of, the substance under this Article unless the Commission objects to
such inclusion. The Commission, at its next regularly scheduled meeting that
takes place 30 days after publication in the Federal Register of a final order
scheduling a substance, shall determine either to adopt a rule to similarly
control the substance under this Article or to object to such action. No rule‑making
notice or hearing as specified by Chapter 150B of the General Statutes is
required if the Commission makes a decision to similarly control a substance.
However, if the Commission makes a decision to object to adoption of the
federal action, it shall initiate rule‑making procedures pursuant to
Chapter 150B of the General Statutes within 180 days of its decision to object.
(e)
The Commission shall exclude any nonnarcotic
substance from the provisions of this Article if such substance may, under the
federal Food, Drug and Cosmetic Act, lawfully be sold over‑the‑counter
without prescription.
(f)
Authority to control under this Article does not include distilled spirits,
wine, malt beverages, or tobacco.
(g)
The Commission shall similarly exempt from the provisions of this Article any
chemical agents and diagnostic reagents not intended for administration to
humans or other animals, containing controlled substances which either (i)
contain additional adulterant or denaturing agents so that the resulting
mixture has no significant abuse potential, or (ii) are packaged in such a form
or concentration that the particular form as packaged has no significant abuse
potential, where such substance was exempted by the Federal Bureau of Narcotics
and Dangerous Drugs.
(h)
Repealed by Session Laws 1987, c. 413, s. 4.
(i)
The North Carolina Department of Health and Human Services shall maintain a
list of all preparations, compounds, or mixtures which are excluded, exempted
and excepted from control under any schedule of this Article by the United
States Drug Enforcement Administration and/or the Commission. This list and any
changes to this list shall be mailed to the North Carolina Board of Pharmacy,
the State Bureau of Investigation and each district attorney of this State. (1971, c. 919, s. 1; 1973, c. 476, s. 128; cc. 524, 541; c.
1358, ss. 2, 3, 15; 1977, c. 667, s. 3; 1981, c. 51, s. 9; 1987, c. 413, ss. 1‑4;
1989, c. 770, s. 16; 1997‑443, s. 11A.118(a); 2000‑189, s. 4; 2001‑487,
s. 22.)
§ 90‑89.
Schedule I controlled substances.
This schedule includes the controlled
substances listed or to be listed by whatever official name, common or usual
name, chemical name, or trade name designated. In determining that a substance
comes within this schedule, the Commission shall find: a high potential for
abuse, no currently accepted medical use in the United States, or a lack of
accepted safety for use in treatment under medical supervision. The following
controlled substances are included in this schedule:
(1)
Any of the following opiates, including the isomers, esters, ethers, salts and
salts of isomers, esters, and ethers, unless specifically excepted, or listed
in another schedule, whenever the existence of such isomers, esters, ethers,
and salts is possible within the specific chemical designation:
a.
Acetyl‑alpha‑methylfentanyl (N[1‑(1‑methyl‑2‑phenethyl)‑4‑
piperidinyl]‑N‑phenylacetamide).
b.
Acetylmethadol.
c.
Repealed by Session Laws 1987, c. 412, s. 2.
d.
Alpha‑methylthiofentanyl (N‑[1‑methyl‑2‑(2‑thienyl)ethyl‑4‑piperidinyl]‑N‑phenylpropanamide).
e.
Allylprodine.
f.
Alphacetylmethadol.
g.
Alphameprodine.
h.
Alphamethadol.
i.
Alpha‑methylfentanyl (N‑(1‑(alpha‑methyl‑beta‑phenyl) ethyl‑4‑piperidyl)
propionalilide; 1(1‑methyl‑2‑phenyl‑ethyl)‑4‑(N‑propanilido) piperidine).
j.
Benzethidine.
k.
Betacetylmethadol.
l
. Beta‑hydroxfentanyl
(N‑[1‑(2‑hydroxy‑2‑phenethyl)‑4‑piperidinyl]‑N‑phenylpropanamide).
m.
Beta‑hydroxy‑3‑methylfentanyl (N‑[1‑(2‑hydroxy‑2‑phenethyl)‑3‑methyl‑4‑piperidinyl]‑N‑phenylpropanamide).
n.
Betameprodine.
o.
Betamethadol.
p.
Betaprodine.
q.
Clonitazene.
r.
Dextromoramide.
s.
Diampromide.
t.
Diethylthiambutene.
u.
Difenoxin.
v.
Dimenoxadol.
w.
Dimepheptanol.
x.
Dimethylthiambutene.
y.
Dioxaphetyl butyrate.
z.
Dipipanone.
aa.
Ethylmethylthiambutene.
bb.
Etonitazene.
cc.
Etoxeridine.
dd.
Furethidine.
ee.
Hydroxypethidine.
ff.
Ketobemidone.
gg.
Levomoramide.
hh.
Levophenacylmorphan.
ii.
1‑methyl‑4‑phenyl‑4‑propionox ypiperidine
(MPPP).
jj.
3‑Methylfentanyl (N‑[3‑methyl‑1‑(2‑Phenylethyl)‑4‑Pi‑peridyl]‑N‑Phenylpropanamide).
kk. 3‑Methylthiofentanyl
(N‑[(3‑methyl‑1‑(2‑thienyl)ethyl‑4‑piperidinyl]‑N‑phenylpropa namide).
lo
. Morpheridine.
mm.
Noracymethadol.
nn.
Norlevorphanol.
oo.
Normethadone.
pp.
Norpipanone.
qq.
Para‑fluorofentanyl (N‑(4‑fluorophenyl)‑N‑[1‑(2‑phen‑ethyl)‑4‑piperidinyl]‑propanamide.
rr.
Phenadoxone.
ss.
Phenampromide.
tt.
1‑(2‑phenethyl)‑4‑phenyl‑4‑ac etoxypiperidine (PEPAP).
uu.
Phenomorphan.
vv.
Phenoperidine.
ww. Piritramide.
xx.
Proheptazine.
yy.
Properidine.
zz.
Propiram.
aaa.
Racemoramide.
bbb. Thiofentanyl (N‑phenyl‑N‑[1‑(2‑thienyl)ethyl‑4‑piperidinyl]‑propanamide.
ccc. Tilidine.
ddd.
Trimeperidine.
(2)
Any of the following opium derivatives, including their salts, isomers, and
salts of isomers, unless specifically excepted, or listed in another schedule,
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
a.
Acetorphine.
b.
Acetyldihydrocodeine.
c.
Benzylmorphine.
d.
Codeine methylbromide.
e.
Codeine‑N‑Oxide.
f.
Cyprenorphine.
g.
Desomorphine.
h.
Dihydromorphine.
i.
Etorphine (except hydrochloride salt).
j.
Heroin.
k.
Hydromorphinol.
l
. Methyldesorphine.
m.
Methyldihydromorphine.
n.
Morphine methylbromide.
o.
Morphine methylsulfonate.
p.
Morphine‑N‑Oxide.
q.
Myrophine.
r.
Nicocodeine.
s.
Nicomorphine.
t.
Normorphine.
u.
Pholcodine.
v.
Thebacon.
w.
Drotebanol.
(3)
Any material, compound, mixture, or preparation which contains any quantity of
the following hallucinogenic substances, including their salts, isomers, and
salts of isomers, unless specifically excepted, or listed in another schedule,
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
a.
3, 4‑methylenedioxyamphetamine.
b.
5‑methoxy‑3, 4‑methylenedioxyamphetamine.
c.
3, 4‑Methylenedioxymethamphetamine (MDMA).
d.
3,4‑methylenedioxy‑N‑ethylamphetamine (also known as N‑ethyl‑alpha‑methyl‑3,4‑(methylenedioxy)phenethylamine, N‑ethyl MDA, MDE, and MDEA).
e.
N‑hydroxy‑3,4‑methylenedioxyamphetamine (also known as N‑hydroxy‑alpha‑methyl‑3,4‑(methylenedioxy)phenethylamine, and
N‑hydroxy MDA).
f.
3, 4, 5‑trimethoxyamphetamine.
g.
Alpha‑ethyltryptamine. Some trade or other
names: etryptamine, Monase,
alpha‑ethyl‑1H‑indole‑3‑ ethanamine,
3‑(2‑aminobutyl) indole, alpha‑ET,
and AET.
h.
Bufotenine.
i.
Diethyltryptamine.
j.
Dimethyltryptamine.
k.
4‑methyl‑2, 5‑dimethoxyamphetamine.
l
. Ibogaine.
m.
Lysergic acid diethylamide.
n.
Mescaline.
o.
Peyote, meaning all parts of the plant presently classified botanically as
Lophophora Williamsii Lemaire, whether growing or
not; the seeds thereof; any extract from any part of such plant; and every
compound, manufacture, salt, derivative, mixture or preparation of such plant,
its seed or extracts.
p.
N‑ethyl‑3‑piperidyl benzilate.
q.
N‑methyl‑3‑piperidyl benzilate.
r.
Psilocybin.
s.
Psilocin.
t.
2, 5‑dimethoxyamphetamine.
u.
2, 5‑dimethoxy‑4‑ethylamphetamin e. Some trade or other
names: DOET.
v.
4‑bromo‑2, 5‑dimethoxyamphetamine.
w.
4‑methoxyamphetamine.
x.
Ethylamine analog of phencyclidine. Some trade or other names: N‑ethyl‑1‑phenylcyclohexylamine,
(1‑ phenylcyclohexyl) ethylamine, N‑(1‑phenylcyclohexyl)
ethylamine, cyclohexamine, PCE.
y.
Pyrrolidine analog of phencyclidine. Some trade or other names: 1‑(1‑phenylcyclohexyl)‑pyrrol idine, PCPy,
PHP.
z.
Thiophene analog of phencyclidine. Some trade or other names: 1‑[1‑(2‑thienyl)‑cyclohexyl]‑piperidine, 2‑ thienyl
analog of phencyclidine, TPCP, TCP.
aa.
1‑[1‑(2‑thienyl)cyclohexyl]pyrrolidine;
Some other names: TCPy.
bb.
Parahexyl.
cc.
4‑Bromo‑2, 5‑Dimethoxyphenethylamine.
(4)
Any material compound, mixture, or preparation which contains any quantity of
the following substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation, unless specifically excepted or unless listed in
another schedule:
a.
Mecloqualone.
b.
Methaqualone.
c.
Gamma hydroxybutyric acid; Some other names: GHB, gamma‑hydroxybutyrate,
4‑hydroxybutyrate, 4‑hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate.
(5)
Stimulants. – Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers, and salts of isomers:
a.
Aminorex. Some trade or other names: aminoxaphen; 2‑amino‑5‑phenyl‑2‑oxazoline;
or 4,5‑dihydro‑5‑ phenly‑2‑oxazolamine.
b.
Cathinone. Some trade or other names: 2‑amino‑1‑phenyl‑1‑propanone,
alpha‑aminopropiophenone, 2‑aminopropiophenone,
and norephedrone.
c.
Fenethylline.
d.
Methcathinone. Some trade or other names: 2‑(methylamino)propiophenone, alpha‑(methylamino)propiophenone, 2‑
(methylamino)‑1‑ phenylpropan‑1‑one,
alpha‑N‑methylaminopropiophenone, monomethylproprion, ephedrone, N‑methylcathinone, methylcathinone,
AL‑ 464, AL‑422, AL‑463, and UR1432.
e.
(+/‑)cis‑4‑methylaminorex |(+/‑)cis‑4,5‑dihydro‑4‑
methyl‑5‑phenyl‑2‑oxazolamine_ (also known as 2‑amino‑4‑methyl‑5‑phenyl‑2‑o
xazoline).
f.
N,N‑dimethylamphetamine. Some other names: N,N,alpha‑trimethylbenzeneetha neamine;
N,N,alpha‑trimethylphenethyla mine.
g.
N‑ethylamphetamine. (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 844; c. 1358,
ss. 4, 5, 15; 1975, c. 443, s. 1; c. 790; 1977, c. 667, s. 3; c. 891, s. 1;
1979, c. 434, s. 1; 1981, c. 51, s. 9; 1983, c. 695, s. 1; 1985, c. 172, ss. 1‑3;
1987, c. 412, ss. 1‑5; 1989 (Reg. Sess., 1990), c. 1040, s. 1; 1993, c.
319, ss. 1, 2; 1995, c. 186, ss. 1‑3; c. 509, s. 135.1(c); 1997‑456,
ss. 12, 27; 1999‑165, s. 1; 2000‑140, s. 92.2(a).)
§ 90‑89.1.
Treatment of controlled substance analogues.
A controlled substance analogue shall, to
the extent intended for human consumption, be treated for the purposes of any
State law as a controlled substance in Schedule I. (2003‑249, s. 1.)
§ 90‑90. Schedule II controlled substances.
This schedule includes the controlled
substances listed or to be listed by whatever official name, common or usual
name, chemical name, or trade name designated. In determining that a substance
comes within this schedule, the Commission shall find: a high potential for
abuse; currently accepted medical use in the United States, or currently
accepted medical use with severe restrictions; and the abuse of the substance
may lead to severe psychic or physical dependence. The following controlled
substances are included in this schedule:
(1)
Any of the following substances whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis,
unless specifically excepted or unless listed in another schedule:
a.
Opium and opiate, and any salt, compound, derivative, or preparation of opium
and opiate, excluding apomorphine, nalbuphine, dextrorphan, naloxone,
naltrexone and nalmefene, and their respective salts, but including the
following:
1.
Raw opium.
2. Opium
extracts.
3.
Opium fluid extracts.
4.
Powdered opium.
5.
Granulated opium.
6.
Tincture of opium.
7.
Codeine.
8.
Ethylmorphine.
9.
Etorphine hydrochloride.
10. Hydrocodone.
11. Hydromorphone.
12.
Metopon.
13. Morphine.
14. Oxycodone.
15. Oxymorphone.
16.
Thebaine.
17.
Dihydroetorphine.
b.
Any salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of the substances referred to in paragraph 1
of this subdivision, except that these substances shall not include the
isoquinoline alkaloids of opium.
c.
Opium poppy and poppy straw.
d.
Cocaine and any salt, isomer, salts of isomers, compound, derivative, or
preparation thereof, or coca leaves and any salt, isomer, salts of isomers,
compound, derivative, or preparation of coca leaves, or any salt, isomer, salts
of isomers, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of these substances, except that the
substances shall not include decocanized coca leaves
or extraction of coca leaves, which extractions do not contain cocaine or
ecgonine.
e.
Concentrate of poppy straw (the crude extract of poppy straw in either liquid,
solid or powder form which contains the phenanthrine
alkaloids of the opium poppy).
(2) Any of the
following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, whenever the existence of
such isomers, esters, ethers, and salts is possible within the specific
chemical designation unless specifically exempted or listed in other schedules:
a.
Alfentanil.
b.
Alphaprodine.
c.
Anileridine.
d.
Bezitramide.
e.
Carfentanil.
f.
Dihydrocodeine.
g.
Diphenoxylate.
h.
Fentanyl.
i.
Isomethadone.
j.
Levo‑alphacetylmethadol. Some trade or other
names: levo‑alpha‑acetylmethadol,
levomethadyl acetate, or LAAM.
k.
Levomethorphan.
l.
Levorphanol.
m. Metazocine.
n.
Methadone.
o.
Methadone – Intermediate, 4‑cyano‑2‑dimethylamino‑4, 4‑
diphenyl butane.
p.
Moramide – Intermediate, 2‑methyl‑3‑morpholino‑1, 1‑diphenyl‑propane‑carboxylic
acid.
q.
Pethidine.
r.
Pethidine – Intermediate – A, 4‑cyano‑1‑methyl‑4‑phenylpiperidine.
s.
Pethidine – Intermediate – B, ethyl‑4‑phenylpiperidine‑4‑carboxylate.
t.
Pethidine – Intermediate – C, 1‑methyl‑4‑phenylpiperidine‑4‑carboxylic
acid.
u.
Phenazocine.
v.
Piminodine.
w.
Racemethorphan.
x.
Racemorphan.
y.
Remifentanil.
z.
Sufentanil.
(3)
Any material, compound, mixture, or preparation which contains any quantity of
the following substances having a potential for abuse associated with a
stimulant effect on the central nervous system unless specifically exempted or
listed in another schedule:
a.
Amphetamine, its salts, optical isomers, and salts of its optical isomers.
b.
Phenmetrazine and its salts.
c.
Methamphetamine, including its salts, isomers, and salts of isomers.
d.
Methylphenidate.
e.
Phenylacetone. Some trade or other names: Phenyl‑2‑propanone;
P2P; benzyl methyl ketone; methyl benzyl ketone.
(4)
Any material, compound, mixture, or preparation which contains any quantity of
the following substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation, unless specifically exempted by the Commission
or listed in another schedule:
a.
Amobarbital
b.
Glutethimide
c.
Repealed by Session Laws 1983, c. 695, s. 2.
d.
Pentobarbital
e.
Phencyclidine
f.
Phencyclidine immediate precursors:
1.
1‑Phenylcyclohexylamine
2.
1‑Piperidinocyclohexanecarbonitrile (PCC)
g.
Secobarbital.
(5)
Any material, compound, mixture, or preparation which contains any quantity of
the following hallucinogenic substances, including their salts, isomers, and
salts of isomers, unless specifically excepted, or listed in another schedule,
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
a.
Repealed by Session Laws 2001‑233, s. 2(a).
b.
Nabilone [Another name for nabilone: (+/‑)‑trans‑3‑(1,1‑dimethylheptyl)‑6,6a,7,8,10,10a‑hexahyd
ro‑1‑hydroxy‑6,6‑dimethyl‑9H‑dibenzo[b,d]pyran‑9‑one]. (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 540, s. 6; c.
1358, ss. 6, 15; 1975, c. 443, s. 2; 1977, c. 667, s. 3; c. 891, s. 2; 1979, c.
434, s. 2; 1981, c. 51, s. 9; 1983, c. 695, s. 2; 1985, c. 172, ss. 4, 5; 1987,
c. 105, s. 3; c. 412, ss. 5A‑7; 1989 (Reg. Sess., 1990), c. 1040, s. 2;
1993, c. 319, ss. 3, 4; 1995, c. 186, s. 4; 1997‑385, s. 1; 1997‑456,
s. 27; 1999‑165, s. 2; 2001‑233, ss. 1, 2(a).)
§ 90‑91.
Schedule III controlled substances.
This schedule includes the controlled
substances listed or to be listed by whatever official name, common or usual
name, chemical name, or trade name designated. In determining that a substance
comes within this schedule, the Commission shall find: a potential for abuse
less than the substances listed in Schedules I and II; currently accepted
medical use in the United States; and abuse may lead to moderate or low
physical dependence or high pyschological dependence.
The following controlled substances are included in this schedule:
(a)
Repealed by Session Laws 1973, c. 540, s. 5.
(b)
Any material, compound, mixture, or preparation which contains any quantity of
the following substances having a depressant effect on the central nervous
system unless specifically exempted or listed in another schedule:
1.
Any substance which contains any quantity of a derivative of barbituric acid,
or any salt of a derivative of barbituric acid.
2.
Chlorhexadol.
3.
Repealed by Session Laws 1993, c. 319, s. 5.
4.
Lysergic acid.
5.
Lysergic acid amide.
6.
Methyprylon.
7.
Sulfondiethylmethane.
8.
Sulfonethylmethane.
9.
Sulfonmethane.
9a.
Tiletamine and zolazepam or any salt thereof. Some
trade or other names for tiletamine‑zolazepam
combination product: Telazol. Some trade or other
names for tiletamine:
2‑(ethylamino)‑2‑(2‑thienyl)‑cyclohexanone.
Some trade or other names for zolazepam: 4‑(2‑fluorophenyl)‑6,8‑dihydro‑1,3,8‑trimethylpyrazolo‑[3,4‑e][
1,4]‑diazepin‑7(1H)‑one. flupyrazapon.
10.
Any compound, mixture or preparation containing
(i)
Amobarbital.
(ii)
Secobarbital.
(iii)
Pentobarbital.
or any salt thereof and one or more active
ingredients which are not included in any other schedule.
11.
Any suppository dosage form containing
(i)
Amobarbital.
(ii)
Secobarbital.
(iii)
Pentobarbital.
or any salt of any of these drugs and
approved by the federal Food and Drug Administration for marketing as a
suppository.
12.
Ketamine.
(c)
Nalorphine.
(d)
Any material, compound, mixture, or preparation containing limited quantities
of any of the following narcotic drugs, or any salts thereof unless
specifically exempted or listed in another schedule:
1.
Not more than 1.80 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit with an equal or greater quantity of an isoquinoline
alkaloid of opium.
2.
Not more than 1.80 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
3.
Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit with a four‑fold or greater
quantity of an isoquinoline alkaloid of opium.
4.
Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
5.
Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than
90 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
6.
Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
7.
Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or
not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
8.
Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams
with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
(e)
Any compound, mixture or preparation containing limited quantities of the
following narcotic drugs, which shall include one or more active, nonnarcotic, medicinal ingredients in sufficient proportion
to confer upon the compound, mixture, or preparation, valuable medicinal
qualities other than those possessed by the narcotic drug alone:
1.
Paregoric, U.S.P.; provided, that no person shall purchase or receive by any
means whatsoever more than one fluid ounce of paregoric within a consecutive 24‑hour
period, except on prescription issued by a duly licensed physician.
(f)
Paregoric, U.S.P., may be dispensed at retail as permitted by federal law or
administrative regulation without a prescription only by a registered
pharmacist and no other person, agency or employee may dispense paregoric,
U.S.P., even if under the direct supervision of a pharmacist.
(g)
Notwithstanding the provisions of G.S. 90‑91(f), after the pharmacist has
fulfilled his professional responsibilities and legal responsibilities required
of him in this Article, the actual cash transaction, credit transaction, or
delivery of paregoric, U.S.P., may be completed by a nonpharmacist.
A pharmacist may refuse to dispense a paregoric, U.S.P., substance until he is
satisfied that the product is being obtained for medicinal purposes only.
(h)
Paregoric, U.S.P., may only be sold at retail without a prescription to a
person at least 18 years of age. A pharmacist must require every retail
purchaser of a paregoric, U.S.P., substance to furnish suitable identification,
including proof of age when appropriate, in order to purchase paregoric, U.S.P.
The name and address obtained from such identification shall be entered in the
record of disposition to consumers.
(i)
The Commission may by regulation except any compound, mixture, or preparation
containing any stimulant or depressant substance listed in paragraphs (a)1 and
(a)2 of this schedule from the application of all or any part of this Article
if the compound, mixture, or preparation contains one or more active medicinal
ingredients not having a stimulant or depressant effect on the central nervous
system; and if the ingredients are included therein in such combinations,
quantity, proportion, or concentration that vitiate the potential for abuse of
the substances which have a stimulant or depressant effect on the central
nervous system.
(j)
Any material, compound, mixture, or preparation which contains any quantity of
the following substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of said isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation, unless specifically excluded or listed in some
other schedule.
1.
Benzphetamine.
2.
Chlorphentermine.
3.
Clortermine.
4.
Repealed by Session Laws 1987, c. 412, s. 10.
5.
Phendimetrazine.
(k)
Anabolic steroids. The term "anabolic steroid" means any drug or
hormonal substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins, and corticosteroids) that promotes muscle
growth, including, but not limited to, the following:
1.
Methandrostenolone,
2.
Stanozolol,
3.
Ethylestrenol,
4.
Nandrolone phenpropionate,
5.
Nandrolone deconoate,
6.
Testosterone propionate,
7.
Chorionic gonadotropin,
8.
Boldenone,
9.
Chlorotestosterone (4‑chlorotestosterone),
10.
Clostebol,
11.
Dehydrochlormethyltestosterone,
12.
Dibydrostestosterone (4‑dihydrotestosterone),
13.
Drostanolone,
14.
Fluoxymesterone,
15.
Formebulone (formebolone),
16.
Mesterolene,
17.
Methandienone,
18.
Methandranone,
19.
Methandriol,
20.
Methenolene,
21.
Methyltestosterone,
22.
Mibolerone,
23.
Nandrolene,
24.
Norethandrolene,
25.
Oxandrolone,
26.
Oxymesterone,
27.
Oxymetholone,
28.
Stanolone,
29.
Testolactone,
30.
Testosterone,
31.
Trenbolone, and
32.
Any salt, ester, or isomer of a drug or substance described or listed in this
subsection, if that salt, ester, or isomer promotes muscle growth. Except such
term does not include an anabolic steroid which is expressly intended for
administration through implants to cattle or other nonhuman species and which
has been approved by the Secretary of Health and Human Services for such
administration. If any person prescribes, dispenses, or distributes such
steroid for human use, such person shall be considered to have prescribed,
dispensed, or distributed an anabolic steroid within the meaning of this
subsection.
(l)
Repealed by Session Laws 2001‑233, s. 3(a).
(m) Any
drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under
section 505 of the Federal Food, Drug, and Cosmetic Act.
(n)
Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule
in a U.S. Food and Drug Administration approved drug product. [Some other
names: (6aR‑trans), ‑6a,7,8,10a‑tetrahydro‑6,6,9‑trimethyl‑3‑pentyl‑6H‑dibenzo
[b,d]pyran‑1‑o1 or (‑)‑delta‑9‑(trans)‑tetrahydrocannabinol].
(1971, c. 919, s. 1; 1973, c. 476, s. 128;
c. 540, s. 5; c. 1358, ss. 7, 15; 1975, c. 442; 1977, c. 667, s. 3; 1979, c.
434, s. 3; 1981, c. 51, s. 9; 1987, c. 412, ss. 8‑10; 1987 (Reg. Sess.,
1988), c. 1055; 1991, c. 413, s. 1; 1993, c. 319, s. 5; 1999‑370, s. 3;
2000‑140, s. 92.2(b); 2001‑233, ss. 2(b), 3(a), 3(b).)
§ 90‑92.
Schedule IV controlled substances.
(a)
This schedule includes the controlled substances listed or to be listed by
whatever official name, common or usual name, chemical name, or trade name
designated. In determining that a substance comes within this schedule, the
Commission shall find: a low potential for abuse relative to the substances
listed in Schedule III of this Article; currently accepted medical use in the
United States; and limited physical or pyschological
dependence relative to the substances listed in Schedule III of this Article.
The following controlled substances are included in this schedule:
(1)
Depressants. – Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances, including its salts, isomers, and salts
of isomers whenever the existence of such salts, isomers, and salts of isomers
is possible within the specific chemical designation:
a.
Alprazolam.
b.
Barbital.
c.
Bromazepam.
d.
Camazepam.
e.
Chloral betaine.
f.
Chloral hydrate.
g.
Chlordiazepoxide.
h.
Clobazam.
i.
Clonazepam.
j.
Clorazepate.
k.
Clotiazepam.
l
. Cloxazolam.
m.
Delorazepam.
n.
Diazepam.
o.
Estazolam.
p.
Ethchlorvynol.
q.
Ethinamate.
r.
Ethyl loflazepate.
s.
Fludiazepam.
t.
Flunitrazepam.
u.
Flurazepam.
v.
Repealed by Session Laws 2000, c. 140, s. 92.2(c).
w.
Halazepam.
x.
Haloxazolam.
y.
Ketazolam.
z.
Loprazolam.
aa.
Lorazepam.
bb.
Lormetazepam.
cc.
Mebutamate.
dd.
Medazepam.
ee.
Meprobamate.
ff.
Methohexital.
gg.
Methylphenobarbital (mephobarbital).
hh.
Midazolam.
ii.
Nimetazepam.
jj.
Nitrazepam.
kk. Nordiazepam.
ll
. Oxazepam.
mm.
Oxazolam.
nn.
Paraldehyde.
oo.
Petrichloral.
pp.
Phenobarbital.
qq.
Pinazepam.
rr.
Prazepam.
ss.
Quazepam.
tt.
Temazepam.
uu.
Tetrazepam.
vv.
Triazolam.
ww. Zolpidem.
xx.
Zaleplon.
(2)
Any material, compound, mixture, or preparation which contains any of the
following substances, including its salts, or isomers and salts of such
isomers, whenever the existence of such salts, isomers, and salts of isomers is
possible:
a.
Fenfluramine.
b.
Pentazocine.
(3)
Stimulants. – Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers (whether optical, position, or
geometric), and salts of such isomers whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
a.
Diethylpropion.
b.
Mazindol.
c.
Pemoline (including organometallic complexes and chelates
thereof).
d.
Phentermine.
e.
Cathine.
f.
Fencamfamin.
g.
Fenproporex.
h.
Mefenorex.
i.
Sibutramine.
j.
Modafinil.
(4)
Other Substances. – Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture or preparation which contains any
quantity of the following substances, including its salts:
a.
Dextropropoxyphene (Alpha‑(plus)‑4‑dimethylamino‑1, 2‑diphenyl‑3‑methyl‑2‑propionoxybutane).
b.
Pipradrol.
c.
SPA ((‑)‑1‑dimethylamino‑1, 2‑diphenylethane).
d.
Butorphanol.
(5)
Narcotic Drugs. – Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation containing limited
quantities of any of the following narcotic drugs, or any salts thereof:
a.
Not more than 1 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.
b.
Buprenorphine.
(b)
The Commission may by regulation except any compound, mixture, or preparation
containing any stimulant or depressant substance listed in this schedule from
the application of all or any part of this Article if the compound, mixture, or
preparation contains one or more active, nonnarcotic,
medicinal ingredients not having a stimulant or depressant effect on the
central nervous system; provided, that such admixtures shall be included
therein in such combinations, quantity, proportion, or concentration as to
vitiate the potential for abuse of the substances which do have a stimulant or
depressant effect on the central nervous system. (1971,
c. 919, s. 1; 1973, c. 476, s. 128; c. 1358, ss. 8, 15; c. 1446, s. 5; 1975,
cc. 401, 819; 1977, c. 667, s. 3; c. 891, s. 3; 1979, c. 434, ss. 4‑6;
1981, c. 51, s. 9; 1985, c. 172, ss. 6‑8; c. 439, s. 1; 1987, c. 412, ss.
11, 12; 1993, c. 319, s. 6; 1995, c. 509, s. 38; 1997‑456, s. 27; 1997‑501,
s. 1; 1999‑165, s. 3; 2000‑140, s. 92.2(c); 2001‑233, s. 4.)
§ 90‑93.
Schedule V controlled substances.
(a)
This schedule includes the controlled substances listed or to be listed by
whatever official name, common or usual name, chemical name, or trade name
designated. In determining that a substance comes within this schedule,
the Commission shall find: a low potential for abuse relative to the substances
listed in Schedule IV of this Article; currently accepted medical use in the
United States; and limited physical or psychological dependence relative to the
substances listed in Schedule IV of this Article. The following
controlled substances are included in this schedule:
(1)
Any compound, mixture or preparation containing any of the following limited
quantities of narcotic drugs or salts thereof, which shall include one or more nonnarcotic active medicinal ingredients in sufficient
proportion to confer upon the compound, mixture, or preparation valuable
medicinal qualities other than those possessed by the narcotic alone:
a.
Not more than 200 milligrams of codeine or any of its salts per 100 milliliters
or per 100 grams.
b.
Not more than 100 milligrams of dihydrocodeine or any of its salts per 100
milliliters or per 100 grams.
c.
Not more than 100 milligrams of ethylmorphine or any of its salts per 100
milliliters or per 100 grams.
d.
Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit.
e.
Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
f.
Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.
(2)
Repealed by Session Laws 1985, c. 172, s. 9.
(3)
Stimulants. – Unless specifically exempted or excluded or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant effect on
the central nervous system, including its salts, isomers and salts of isomers:
a.
Repealed by Session Laws 1993, c. 319, s. 7.
b.
Pyrovalerone.
(b)
A Schedule V substance may be sold at retail without a prescription only by a
registered pharmacist and no other person, agent or employee may sell a
Schedule V substance even if under the direct supervision of a pharmacist.
(c)
Notwithstanding the provisions of G.S. 90‑93(b), after the pharmacist has
fulfilled the responsibilities required of him in this Article, the actual cash
transaction, credit transaction, or delivery of a Schedule V substance, may be
completed by a nonpharmacist. A pharmacist may
refuse to sell a Schedule V substance until he is satisfied that the product is
being obtained for medicinal purposes only.
(d)
A Schedule V substance may be sold at retail without a prescription only to a
person at least 18 years of age. The pharmacist must require every retail
purchaser of a Schedule V substance to furnish suitable identification,
including proof of age when appropriate, in order to purchase a Schedule V
substance. The name and address obtained from such identification shall
be entered in the record of disposition to consumers. (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 1358, ss. 9,
15; 1977, c. 667, s. 3; 1979, c. 434, ss. 7, 8; 1981, c. 51, s. 9; 1985, c.
172, s. 9; 1989 (Reg. Sess., 1990), c. 1040, s. 3; 1993, c. 319, s. 7; 1997‑456,
s. 27.)
§ 90‑94.
Schedule VI controlled substances.
This schedule includes the controlled
substances listed or to be listed by whatever official name, common or usual
name, chemical name, or trade name designated. In determining that such
substance comes within this schedule, the Commission shall find: no currently
accepted medical use in the United States, or a relatively low potential for
abuse in terms of risk to public health and potential to produce psychic or
physiological dependence liability based upon present medical knowledge, or a
need for further and continuing study to develop scientific evidence of its
pharmacological effects.
The following controlled substances are
included in this schedule:
(1)
Marijuana.
(2)
Tetrahydrocannabinols. (1971, c. 919, s. 1;
1973, c. 476, s. 128; c. 1358, s. 15; 1977, c. 667, s. 3; 1981, c. 51, s. 9;
1997‑456, s. 27.)
§ 90‑95.
Violations; penalties.
(a)
Except as authorized by this Article, it is unlawful for any person:
(1)
To manufacture, sell or deliver, or possess with intent to manufacture, sell or
deliver, a controlled substance;
(2)
To create, sell or deliver, or possess with intent to sell or deliver, a
counterfeit controlled substance;
(3)
To possess a controlled substance.
(b)
Except as provided in subsections (h) and (i) of this section, any person who
violates G.S. 90‑95(a)(1) with respect to:
(1)
A controlled substance classified in Schedule I or II shall be punished as a
Class H felon, except as follows: (i) the sale of a controlled substance
classified in Schedule I or II shall be punished as a Class G felony, and (ii)
the manufacture of methamphetamine shall be punished as provided by subdivision
(1a) of this subsection.
(1a)
The manufacture of methamphetamine shall be punished as a Class C felony unless
the offense was one of the following: packaging or repackaging methamphetamine,
or labeling or relabeling the methamphetamine container. The offense of
packaging or repackaging methamphetamine, or labeling or relabeling the
methamphetamine container shall be punished as a Class H felony.
(2)
A controlled substance classified in Schedule III, IV, V, or VI shall be
punished as a Class I felon, except that the sale of a controlled substance
classified in Schedule III, IV, V, or VI shall be punished as a Class H felon.
The transfer of less than 5 grams of marijuana for no remuneration shall not
constitute a delivery in violation of G.S. 90‑95(a)(1).
(c)
Any person who violates G.S. 90‑95(a)(2) shall be punished as a Class I
felon.
(d)
Except as provided in subsections (h) and (i) of this section, any person who
violates G.S. 90‑95(a)(3) with respect to:
(1)
A controlled substance classified in Schedule I shall be punished as a Class I
felon;
(2)
A controlled substance classified in Schedule II, III, or IV shall be guilty of
a Class 1 misdemeanor. If the controlled substance exceeds four tablets,
capsules, or other dosage units or equivalent quantity of hydromorphone or if
the quantity of the controlled substance, or combination of the controlled
substances, exceeds one hundred tablets, capsules or other dosage units, or
equivalent quantity, the violation shall be punishable as a Class I felony. If
the controlled substance is methamphetamine, amphetamine, phencyclidine, or
cocaine and any salt, isomer, salts of isomers, compound, derivative, or
preparation thereof, or coca leaves and any salt, isomer, salts of isomers,
compound, derivative, or preparation of coca leaves, or any salt, isomer, salts
of isomers, compound, derivative or preparation thereof which is chemically
equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves
which does not contain cocaine or ecgonine), the violation shall be punishable
as a Class I felony.
(3)
A controlled substance classified in Schedule V shall be guilty of a Class 2
misdemeanor;
(4)
A controlled substance classified in Schedule VI shall be guilty of a Class 3
misdemeanor, but any sentence of imprisonment imposed must be suspended and the
judge may not require at the time of sentencing that the defendant serve a
period of imprisonment as a special condition of probation. If the quantity of
the controlled substance exceeds one‑half of an
ounce (avoirdupois) of marijuana or one‑twentieth
of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known
as hashish, the violation shall be punishable as a Class 1 misdemeanor. If the
quantity of the controlled substance exceeds one and one‑half
ounces (avoirdupois) of marijuana or three‑twentieths
of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known
as hashish, or if the controlled substance consists of any quantity of
synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana,
the violation shall be punishable as a Class I felony.
(d1)
(1) Except as authorized by this
Article, it is unlawful for any person to:
a.
Possess an immediate precursor chemical with intent to manufacture a controlled
substance; or
b.
Possess or distribute an immediate precursor chemical knowing, or having
reasonable cause to believe, that the immediate precursor chemical will be used
to manufacture a controlled substance.
Any person who violates this subsection shall be punished as
a Class H felon, unless the immediate precursor is one that can be used to
manufacture methamphetamine.
(2)
Except as authorized by this Article, it is unlawful for any person to:
a.
Possess an immediate precursor chemical with intent to manufacture
methamphetamine; or
b.
Possess or distribute an immediate precursor chemical knowing, or having
reasonable cause to believe, that the immediate precursor chemical will be used
to manufacture methamphetamine.
Any person who violates this subdivision
shall be punished as a Class F felon.
(d2) The
immediate precursor chemicals to which subsection (d1) and (d1a) of this
section applies are those immediate precursor chemicals designated by the
Commission pursuant to its authority under G.S. 90‑88, and the following
(until otherwise specified by the Commission):
(1)
Acetic anhydride.
(2)
Acetone.
(3)
Anhydrous ammonia.
(4)
Anthranilic acid.
(5)
Benzyl chloride.
(6)
Benzyl cyanide.
(7)
2‑Butanone (Methyl Ethyl Ketone).
(8)
Chloroephedrine.
(9)
Chloropseudoephedrine.
(10)
D‑lysergic acid.
(11)
Ephedrine.
(12)
Ergonovine maleate.
(13)
Ergotamine tartrate.
(14)
Ethyl ether.
(15)
Ethyl Malonate.
(16)
Ethylamine.
(17)
Gamma‑butyrolactone.
(18)
Hydrochloric Acid.
(19)
Iodine.
(20)
Isosafrole.
(21)
Lithium.
(22)
Malonic acid.
(23)
Methylamine.
(24)
Methyl Isobutyl Ketone.
(25)
N‑acetylanthranilic acid.
(26)
N‑ethylephedrine.
(27)
N‑ethylepseudoephedrine.
(28)
N‑methylephedrine.
(29)
N‑methylpseudoephedrine.
(30)
Norpseudoephedrine.
(31)
Phenyl‑2‑propane.
(32)
Phenylacetic acid.
(33)
Phenylpropanolamine.
(34)
Piperidine.
(35)
Piperonal.
(36)
Propionic anhydride.
(37)
Pseudoephedrine.
(38)
Pyrrolidine.
(39)
Red phosphorous.
(40)
Safrole.
(41)
Sodium.
(42)
Sulfuric Acid.
(43)
Tetrachloroethylene.
(44)
Thionylchloride.
(45)
Toluene.
(e)
The prescribed punishment and degree of any offense under this Article shall be
subject to the following conditions, but the punishment for an offense may be
increased only by the maximum authorized under any one of the applicable
conditions:
(1),
(2) Repealed by Session Laws 1979, c. 760, s. 5.
(3)
If any person commits a Class 1 misdemeanor under this Article and if he has
previously been convicted for one or more offenses under any law of North
Carolina or any law of the United States or any other state, which offenses are
punishable under any provision of this Article, he shall be punished as a Class
I felon. The prior conviction used to raise the current offense to a Class I
felony shall not be used to calculate the prior record level.
(4)
If any person commits a Class 2 misdemeanor, and if he has previously been
convicted for one or more offenses under any law of North Carolina or any law
of the United States or any other state, which offenses are punishable under
any provision of this Article, he shall be guilty of a Class 1 misdemeanor. The
prior conviction used to raise the current offense to a Class 1 misdemeanor
shall not be used to calculate the prior conviction level.
(5)
Any person 18 years of age or over who violates G.S. 90‑95(a)(1) by
selling or delivering a controlled substance to a person under 16 years of age
but more than 13 years of age or a pregnant female shall be punished as a Class
D felon. Any person 18 years of age or over who violates G.S. 90‑95(a)(1)
by selling or delivering a controlled substance to a person who is 13 years of
age or younger shall be punished as a Class C felon. Mistake of age is not a
defense to a prosecution under this section. It shall not be a defense that the
defendant did not know that the recipient was pregnant.
(6)
For the purpose of increasing punishment under G.S. 90‑95(e)(3) and
(e)(4), previous convictions for offenses shall be counted by the number of
separate trials at which final convictions were obtained and not by the number
of charges at a single trial.
(7)
If any person commits an offense under this Article for which the prescribed
punishment requires that any sentence of imprisonment be suspended, and if he
has previously been convicted for one or more offenses under any law of North
Carolina or any law of the United States or any other state, which offenses are
punishable under any provision of this Article, he shall be guilty of a Class 2
misdemeanor.
(8)
Any person 21 years of age or older who commits an offense under G.S. 90‑95(a)(1)
on property used for a child care center, or for an elementary or secondary
school or within 1,000 feet of the boundary of real property used for a child
care center, or for an elementary or secondary school shall be punished as a
Class E felon. For purposes of this subdivision, the transfer of less than five
grams of marijuana for no remuneration shall not constitute a delivery in
violation of G.S. 90‑95(a)(1). For purposes of this subdivision, a child
care center is as defined in G.S. 110‑86(3)a., and that is licensed by
the Secretary of the Department of Health and Human Services.
(9)
Any person who violates G.S. 90‑95(a)(3) on the premises of a penal
institution or local confinement facility shall be guilty of a Class H felony.
(10)
Any person 21 years of age or older who commits an offense under G.S. 90‑95(a)(1)
on property that is a public park or within 1,000 feet of the boundary of real
property that is a public park shall be punished as a Class E felon. For
purposes of this subdivision, the transfer of less than five grams of marijuana
for no remuneration shall not constitute a delivery in violation of G.S. 90‑95(a)(1).
(f)
Any person convicted of an offense or offenses under this Article who is
sentenced to an active term of imprisonment that is less than the maximum
active term that could have been imposed may, in addition, be sentenced to a
term of special probation. Except as indicated in this subsection, the
administration of special probation shall be the same as probation. The
conditions of special probation shall be fixed in the same manner as probation,
and the conditions may include requirements for rehabilitation treatment.
Special probation shall follow the active sentence. No term of special
probation shall exceed five years. Special probation may be revoked in the same
manner as probation; upon revocation, the original term of imprisonment may be
increased by no more than the difference between the active term of
imprisonment actually served and the maximum active term that could have been
imposed at trial for the offense or offenses for which the person was
convicted, and the resulting term of imprisonment need not be diminished by the
time spent on special probation.
(g)
Whenever matter is submitted to the North Carolina State Bureau of
Investigation Laboratory, the Charlotte, North Carolina, Police Department
Laboratory or to the Toxicology Laboratory, Reynolds Health Center, Winston‑Salem for chemical analysis to determine if
the matter is or contains a controlled substance, the report of that analysis
certified to upon a form approved by the Attorney General by the person
performing the analysis shall be admissible without further authentication and
without the testimony of the analyst in all proceedings in the district court
and superior court divisions of the General Court of Justice as evidence of the
identity, nature, and quantity of the matter analyzed. Provided, however, the
provisions of this subsection may be utilized by the State only if:
(1)
The State notifies the defendant at least 15 business days before the
proceeding at which the report would be used of its intention to introduce the
report into evidence under this subsection and provides a copy of the report to
the defendant, and
(2)
The defendant fails to file a written objection with the court, with a copy to
the State, at least five business days before the proceeding that the defendant
objects to the introduction of the report into evidence.
If the defendant's attorney of record, or the defendant if
that person has no attorney, fails to file a written objection as provided in
this subsection, then the report may be admitted into evidence without the
testimony of the analyst. Upon filing a timely objection, the admissibility of
the report shall be determined and governed by the appropriate rules of
evidence.
Nothing in this subsection precludes the
right of any party to call any witness or to introduce any evidence supporting
or contradicting the evidence contained in the report.
(g1)
Procedure for establishing chain of custody without calling unnecessary
witnesses. –
(1)
For the purpose of establishing the chain of physical custody or control of
evidence consisting of or containing a substance tested or analyzed to
determine whether it is a controlled substance, a statement signed by each
successive person in the chain of custody that the person delivered it to the
other person indicated on or about the date stated is prima facie evidence that
the person had custody and made the delivery as stated, without the necessity
of a personal appearance in court by the person signing the statement.
(2)
The statement shall contain a sufficient description of the material or its
container so as to distinguish it as the particular item in question and shall
state that the material was delivered in essentially the same condition as
received. The statement may be placed on the same document as the report
provided for in subsection (g) of this section.
(3)
The provisions of this subsection may be utilized by the State only if:
a.
The State notifies the defendant at least 15 days before trial of its intention
to introduce the statement into evidence under this subsection and provides the
defendant with a copy of the statement, and
b.
The defendant fails to notify the State at least five days before trial that
the defendant objects to the introduction of the statement into evidence.
(4)
Nothing in this subsection precludes the right of any party to call any witness
or to introduce any evidence supporting or contradicting the evidence contained
in the statement.
(h)
Notwithstanding any other provision of law, the following provisions apply
except as otherwise provided in this Article.
(1)
Any person who sells, manufactures, delivers, transports, or possesses in
excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony
which felony shall be known as "trafficking in marijuana" and if the
quantity of such substance involved:
a.
Is in excess of 10 pounds, but less than 50 pounds, such person shall be
punished as a Class H felon and shall be sentenced to a minimum term of 25
months and a maximum term of 30 months in the State's prison and shall be fined
not less than five thousand dollars ($5,000);
b.
Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished
as a Class G felon and shall be sentenced to a minimum term of 35 months and a
maximum term of 42 months in the State's prison and shall be fined not less
than twenty‑five thousand dollars ($25,000);
c.
Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be
punished as a Class F felon and shall be sentenced to a minimum term of 70
months and a maximum term of 84 months in the State's prison and shall be fined
not less than fifty thousand dollars ($50,000);
d.
Is 10,000 pounds or more, such person shall be punished as a Class D felon and
shall be sentenced to a minimum term of 175 months and a maximum term of 219
months in the State's prison and shall be fined not less than two hundred
thousand dollars ($200,000).
(2)
Any person who sells, manufactures, delivers, transports, or possesses 1,000
tablets, capsules or other dosage units, or the equivalent quantity, or more of
methaqualone, or any mixture containing such substance, shall be guilty of a
felony which felony shall be known as "trafficking in methaqualone"
and if the quantity of such substance or mixture involved:
a.
Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000
dosage units, or equivalent quantity, such person shall be punished as a Class
G felon and shall be sentenced to a minimum term of 35 months and a maximum
term of 42 months in the State's prison and shall be fined not less than twenty‑five thousand dollars ($25,000);
b.
Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000
dosage units, or equivalent quantity, such person shall be punished as a Class
F felon and shall be sentenced to a minimum term of 70 months and a maximum
term of 84 months in the State's prison and shall be fined not less than fifty
thousand dollars ($50,000);
c.
Is 10,000 or more dosage units, or equivalent quantity, such person shall be
punished as a Class D felon and shall be sentenced to a minimum term of 175
months and a maximum term of 219 months in the State's prison and shall be
fined not less than two hundred thousand dollars ($200,000).
(3)
Any person who sells, manufactures, delivers, transports, or possesses 28 grams
or more of cocaine and any salt, isomer, salts of isomers, compound,
derivative, or preparation thereof, or any coca leaves and any salt, isomer,
salts of isomers, compound, derivative, or preparation of coca leaves, and any
salt, isomer, salts of isomers, compound, derivative or preparation thereof
which is chemically equivalent or identical with any of these substances
(except decocainized coca leaves or any extraction of coca leaves which does
not contain cocaine) or any mixture containing such substances, shall be guilty
of a felony, which felony shall be known as "trafficking in cocaine"
and if the quantity of such substance or mixture involved:
a.
Is 28 grams or more, but less than 200 grams, such person shall be punished as
a Class G felon and shall be sentenced to a minimum term of 35 months and a
maximum term of 42 months in the State's prison and shall be fined not less
than fifty thousand dollars ($50,000);
b.
Is 200 grams or more, but less than 400 grams, such person shall be punished as
a Class F felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 months in the State's prison and shall be fined not less
than one hundred thousand dollars ($100,000);
c.
Is 400 grams or more, such person shall be punished as a Class D felon and
shall be sentenced to a minimum term of 175 months and a maximum term of 219
months in the State's prison and shall be fined at least two hundred fifty
thousand dollars ($250,000).
(3a)
Repealed by Session Laws 1999‑370, s. 1, effective December 1, 1999.
(3b)
Any person who sells, manufactures, delivers, transports, or possesses 28 grams
or more of methamphetamine or any mixture containing such substance shall be
guilty of a felony which felony shall be known as "trafficking in
methamphetamine" and if the quantity of such substance or mixture
involved:
a.
Is 28 grams or more, but less than 200 grams, such person shall be punished as
a Class F felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 months in the State's prison and shall be fined not less
than fifty thousand dollars ($50,000);
b.
Is 200 grams or more, but less than 400 grams, such person shall be punished as
a Class E felon and shall be sentenced to a minimum term of 90 months and a
maximum term of 117 months in the State's prison and shall be fined not less
than one hundred thousand dollars ($100,000);
c.
Is 400 grams or more, such person shall be punished as a Class C felon and
shall be sentenced to a minimum term of 225 months and a maximum term of 279
months in the State's prison and shall be fined at least two hundred fifty
thousand dollars ($250,000).
(3c)
Any person who sells, manufactures, delivers, transports, or possesses 28 grams
or more of amphetamine or any mixture containing such substance shall be guilty
of a felony, which felony shall be known as "trafficking in
amphetamine", and if the quantity of such substance or mixture involved:
a.
Is 28 grams or more, but less than 200 grams, such person shall be punished as
a Class H felon and shall be sentenced to a minimum term of 25 months and a
maximum term of 30 months in the State's prison and shall be fined not less
than five thousand dollars ($5,000);
b.
Is 200 grams or more, but less than 400 grams, such person shall be punished as
a Class G felon and shall be sentenced to a minimum term of 35 months and a
maximum term of 42 months in the State's prison and shall be fined not less
than twenty‑five thousand dollars ($25,000);
c.
Is 400 grams or more, such person shall be punished as a Class E felon and
shall be sentenced to a minimum term of 90 months and a maximum term of 117
months in the State's prison and shall be fined at least one hundred thousand
dollars ($100,000).
(4)
Any person who sells, manufactures, delivers, transports, or possesses four
grams or more of opium or opiate, or any salt, compound, derivative, or
preparation of opium or opiate (except apomorphine, nalbuphine, analoxone and naltrexone and their respective salts),
including heroin, or any mixture containing such substance, shall be guilty of
a felony which felony shall be known as "trafficking in opium or
heroin" and if the quantity of such controlled substance or mixture involved:
a.
Is four grams or more, but less than 14 grams, such person shall be punished as
a Class F felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 months in the State's prison and shall be fined not less than
fifty thousand dollars ($50,000);
b.
Is 14 grams or more, but less than 28 grams, such person shall be punished as a
Class E felon and shall be sentenced to a minimum term of 90 months and a
maximum term of 117 months in the State's prison and shall be fined not less
than one hundred thousand dollars ($100,000);
c.
Is 28 grams or more, such person shall be punished as a Class C felon and shall
be sentenced to a minimum term of 225 months and a maximum term of 279 months
in the State's prison and shall be fined not less than five hundred thousand
dollars ($500,000).
(4a)
Any person who sells, manufactures, delivers, transports, or possesses 100
tablets, capsules, or other dosage units, or the equivalent quantity, or more,
of Lysergic Acid Diethylamide, or any mixture containing such substance, shall
be guilty of a felony, which felony shall be known as "trafficking in
Lysergic Acid Diethylamide". If the quantity of such substance or mixture
involved:
a.
Is 100 or more dosage units, or equivalent quantity, but less than 500 dosage
units, or equivalent quantity, such person shall be punished as a Class G felon
and shall be sentenced to a minimum term of 35 months and a maximum term of 42
months in the State's prison and shall be fined not less than twenty‑five thousand dollars ($25,000);
b.
Is 500 or more dosage units, or equivalent quantity, but less than 1,000 dosage
units, or equivalent quantity, such person shall be punished as a Class F felon
and shall be sentenced to a minimum term of 70 months and a maximum term of 84
months in the State's prison and shall be fined not less than fifty thousand
dollars ($50,000);
c.
Is 1,000 or more dosage units, or equivalent quantity, such person shall be
punished as a Class D felon and shall be sentenced to a minimum term of 175
months and a maximum term of 219 months in the State's prison and shall be
fined not less than two hundred thousand dollars ($200,000).
(4b)
Any person who sells, manufactures, delivers, transports, or possesses 100 or
more tablets, capsules, or other dosage units, or 28 grams or more of 3,4‑methylenedioxyamphetamine
(MDA), including its salts, isomers, and salts of isomers, or 3,4‑methylenedioxymethamphetamine
(MDMA), including its salts, isomers, and salts of isomers, or any mixture
containing such substances, shall be guilty of a felony, which felony shall be
known as "trafficking in MDADMA." If the quantity of the substance or
mixture involved:
a.
Is 100 or more tablets, capsules, or other dosage units, but less than 500
tablets, capsules, or other dosage units, or 28 grams or more, but less than
200 grams, the person shall be punished as a Class G felon and shall be sentenced
to a minimum term of 35 months and a maximum term of 42 months in the State's
prison and shall be fined not less than twenty‑five
thousand dollars ($25,000);
b.
Is 500 or more tablets, capsules, or other dosage units, but less than 1,000
tablets, capsules, or other dosage units, or 200 grams or more, but less than
400 grams, the person shall be punished as a Class F felon and shall be
sentenced to a minimum term of 70 months and a maximum term of 84 months in the
State's prison and shall be fined not less than fifty thousand dollars
($50,000);
c.
Is 1,000 or more tablets, capsules, or other dosage units, or 400 grams or
more, the person shall be punished as a Class D felon and shall be sentenced to
a minimum term of 175 months and a maximum term of 219 months in the State's
prison and shall be fined not less than two hundred fifty thousand dollars
($250,000).
(5)
Except as provided in this subdivision, a person being sentenced under this
subsection may not receive a suspended sentence or be placed on probation. The
sentencing judge may reduce the fine, or impose a prison term less than the
applicable minimum prison term provided by this subsection, or suspend the
prison term imposed and place a person on probation when such person has, to
the best of his knowledge, provided substantial assistance in the
identification, arrest, or conviction of any accomplices, accessories, co‑conspirators,
or principals if the sentencing judge enters in the record a finding that the
person to be sentenced has rendered such substantial assistance.
(6)
Sentences imposed pursuant to this subsection shall run consecutively with and
shall commence at the expiration of any sentence being served by the person
sentenced hereunder.
(i)
The penalties provided in subsection (h) of this section shall also apply to
any person who is convicted of conspiracy to commit any of the offenses
described in subsection (h) of this section. (1971,
c. 919, s. 1; 1973, c. 654, s. 1; c. 1078; c. 1358, s. 10; 1975, c. 360, s. 2;
1977, c. 862, ss. 1, 2; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1251, ss. 4‑7;
1983, c. 18; c. 294, s. 6; c. 414; 1985, c. 569, s. 1; c. 675, ss. 1, 2; 1987,
c. 90; c. 105, ss. 4, 5; c. 640, ss. 1, 2; c. 783, s. 4; 1989, c. 641; c. 672;
c. 690; c. 770, s. 68; 1989 (Reg. Sess., 1990), c. 1024, s. 17; c. 1039, s. 5;
c. 1081, s. 2; 1991, c. 484, s. 1; 1993, c. 538, s. 30; c. 539, s. 1358.1;
1994, Ex. Sess., c. 11, s. 1; c. 14, ss. 46, 47; c. 24, s. 14(b); 1996, 2nd Ex.
Sess., c. 18, s. 20.13(c); 1997‑304, ss. 1, 2; 1997‑443, s.
19.25(b), (u), (ii); 1998‑212, s. 17.16(e); 1999‑165, s. 4; 1999‑370,
s. 1; 2000‑140, s. 92.2(d); 2001‑307, s. 1; 2001‑332, s. 1;
2004‑178, ss. 3, 4, 5, 6; 2007‑375, s. 1; 2009‑463, ss. 1, 2;
2009‑473, s. 7.)
§ 90‑95.1.
Continuing criminal enterprise.
(a)
Any person who engages in a continuing criminal enterprise shall be punished as
a Class C felon and in addition shall be subject to the forfeiture prescribed
in subsection (b) of this section.
(b)
Any person who is convicted under subsection (a) of engaging in a continuing
criminal enterprise shall forfeit to the State of North Carolina:
(1)
The profits obtained by him in such enterprise, and
(2)
Any of his interest in, claim against, or property or contractual rights of any
kind affording a source of influence over, such enterprise.
(c)
For purposes of this section, a person is engaged in a continuing criminal
enterprise if:
(1)
He violates any provision of this Article, the punishment of which is a felony;
and
(2)
Such violation is a part of a continuing series of violations of this Article;
a.
Which are undertaken by such person in concert with five or more other persons
with respect to whom such person occupies a position of organizer, a
supervisory position, or any other position of management; and
b.
From which such person obtains substantial income or resources.
(d)
Repealed by Session Laws 1979, c. 760, s. 5. (1971,
s. 919, s. 1; 1979, c. 760, s. 5.)
§ 90‑95.2.
Cooperation between law‑enforcement agencies.
(a)
The head of any law‑enforcement agency may
temporarily provide assistance to another agency in enforcing the provisions of
this Article if so requested in writing by the head of the other agency. The
assistance may comprise allowing officers of the agency to work temporarily
with officers of the other agency (including in an undercover capacity) and
lending equipment and supplies. While working with another agency under the
authority of this section, an officer shall have the same jurisdiction, powers,
rights, privileges, and immunities (including those relating to the defense of
civil actions and payment of judgments) as the officers of the requesting
agency in addition to those he normally possesses. While on duty with the other
agency, he shall be subject to the lawful operational commands of his superior
officers in the other agency, but he shall for personnel and administrative
purposes remain under the control of his own agency, including for purposes of
pay. He shall furthermore be entitled to workers' compensation when acting
pursuant to this section to the same extent as though he were functioning
within the normal scope of his duties.
(b)
As used in this section:
(1)
"Head" means any director or chief officer of a law‑enforcement
agency, including the chief of police of a local police department and the
sheriff of a county, or an officer of the agency to whom the head of the agency
has delegated authority to make or grant requests under this section, but only
one officer in the agency shall have this delegated authority at any time.
(2)
"Law‑enforcement agency" means any
State or local agency, force, department, or unit responsible for enforcing
criminal laws in this State, including any local police department or sheriff's
department.
(c)
This section in no way reduces the jurisdiction or authority of State law‑enforcement officers. (1975, c. 782, s. 1; 1981, c. 93, s. 1; 1991, c. 636, s. 3.)
§ 90‑95.3.
Restitution to law‑enforcement agencies for
undercover purchases; restitution for drug analyses; restitution for seizure
and cleanup of clandestine laboratories.
(a)
When any person is convicted of an offense under this Article, the court may
order him to make restitution to any law‑enforcement
agency for reasonable expenditures made in purchasing controlled substances
from him or his agent as part of an investigation leading to his conviction.
(b)
Repealed by Session Laws 2002‑126, s. 29A.8(b), effective October 1,
2002. See Editor's Note.
(c)
When any person is convicted of an offense under this Article involving the
manufacture of controlled substances, the court must order the person to make
restitution for the actual cost of cleanup to the law enforcement agency that
cleaned up any clandestine laboratory used to manufacture the controlled
substances, including personnel overtime, equipment, and supplies. (1975, c. 782, s. 2; 1989 (Reg. Sess., 1990), c. 1039, s. 3;
1999‑370, s. 2; 2002‑126, s. 29A.8(b).)
§ 90‑95.4.
Employing or intentionally using minor to commit a drug law violation.
(a)
A person who is at least 18 years old but less than 21 years old who hires or
intentionally uses a minor to violate G.S. 90‑95(a)(1) shall be guilty of
a felony. An offense under this subsection shall be punishable as follows:
(1)
If the minor was more than 13 years of age, then as a felony that is one class
more severe than the violation of G.S. 90‑95(a)(1) for which the minor
was hired or intentionally used.
(2)
If the minor was 13 years of age or younger, then as a felony that is two
classes more severe than the violation of G.S. 90‑95(a)(1) for which the
minor was hired or intentionally used.
(b)
A person 21 years of age or older who hires or intentionally uses a minor to
violate G.S. 90‑95(a)(1) shall be guilty of a felony. An offense under
this subsection shall be punishable as follows:
(1)
If the minor was more than 13 years of age, then as a felony that is three
classes more severe than the violation of G.S. 90‑95(a)(1) for which the
minor was hired or intentionally used.
(2)
If the minor was 13 years of age or younger, then as a felony that is four
classes more severe than the violation of G.S. 90‑95(a)(1) for which the
minor was hired or intentionally used.
(c)
Mistake of Age. – Mistake of age is not a defense to a prosecution under this
section.
(d)
The term "minor" as used in this section is defined as an individual
who is less than 18 years of age. (1989
(Reg. Sess., 1990), c. 1081, s. 1; 1998‑212, s. 17.16(f).)
§ 90‑95.5.
Civil liability – employing a minor to commit a drug offense.
A person 21 years of age or older, who
hires, employs, or intentionally uses a person under 18 years of age to commit
a violation of G.S. 90‑95 is liable in a civil action for damages for
drug addiction proximately caused by the violation. The doctrines of
contributory negligence and assumption of risk are no defense to liability
under this section. (1989 (Reg. Sess.,
1990), c. 1081, s. 3; 1998‑212, s. 17.16(g).)
§ 90‑95.6.
Promoting drug sales by a minor.
(a)
A person who is 21 years of age or older is guilty of promoting drug sales by a
minor if the person knowingly:
(1)
Entices, forces, encourages, or otherwise facilitates a minor in violating G.S.
90‑95(a)(1).
(2)
Supervises, supports, advises, or protects the minor in violating G.S. 90‑95(a)(1).
(b)
Mistake of age is not a defense to a prosecution under this section.
(c)
A violation of this section is a Class D felony. (1998‑212,
s. 17.16(h).)
§ 90‑95.7.
Participating in a drug violation by a minor.
(a)
A person 21 years of age or older who purchases or receives a controlled
substance from a minor 13 years of age or younger who possesses, sells, or
delivers the controlled substance in violation of G.S. 90‑95(a)(1) is
guilty of participating in a drug violation of a minor.
(b)
Mistake of age is not a defense to a prosecution under this section.
(c)
A violation of this section is a Class G felony. (1998‑212,
s. 17.16(h).)
§ 90‑96.
(Effective until October 1, 2010) Conditional discharge for first offense.
(a)
Whenever any person who has not previously been convicted of any offense under
this Article or under any statute of the United States or any state relating to
those substances included in Article 5 or 5A of Chapter 90 or to that
paraphernalia included in Article 5B of Chapter 90 pleads guilty to or is found
guilty of (i) a misdemeanor under this Article by possessing a controlled
substance included within Schedules II through VI of this Article or by
possessing drug paraphernalia as prohibited by G.S. 90‑113.22, or (ii) a
felony under G.S. 90‑95(a)(3) by possessing less than one gram of
cocaine, the court may, without entering a judgment of guilt and with the
consent of such person, defer further proceedings and place him on probation
upon such reasonable terms and conditions as it may require. Notwithstanding
the provisions of G.S. 15A‑1342(c) or any other statute or law, probation
may be imposed under this section for an offense under this Article for which
the prescribed punishment includes only a fine. To fulfill the terms and
conditions of probation the court may allow the defendant to participate in a
drug education program approved for this purpose by the Department of Health
and Human Services. Upon violation of a term or condition, the court may enter
an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of
the terms and conditions, the court shall discharge such person and dismiss the
proceedings against him. Discharge and dismissal under this section shall be
without court adjudication of guilt and shall not be deemed a conviction for
purposes of this section or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime including the additional penalties
imposed for second or subsequent convictions under this Article. Discharge and
dismissal under this section or G.S. 90‑113.14 may occur only once with
respect to any person. Disposition of a case to determine discharge and
dismissal under this section at the district court division of the General
Court of Justice shall be final for the purpose of appeal. Prior to taking any
action to discharge and dismiss under this section the court shall make a
finding that the defendant has no record of previous convictions under the
"North Carolina Controlled Substances Act", Article 5, Chapter 90,
the "North Carolina Toxic Vapors Act", Article 5A, Chapter 90, or the
"Drug Paraphernalia Act", Article 5B, Chapter 90.
(a1) Upon the
first conviction only of any offense included in G.S. 90‑95(a)(3) or G.S.
90‑113.22 and subject to the provisions of this subsection (a1), the
court may place defendant on probation under this section for an offense under
this Article including an offense for which the prescribed punishment includes
only a fine. The probation, if imposed, shall be for not less than one year and
shall contain a minimum condition that the defendant who was found guilty or
pleads guilty enroll in and successfully complete, within 150 days of the date
of the imposition of said probation, the program of instruction at the drug
education school approved by the Department of Health and Human Services
pursuant to G.S. 90‑96.01. The court may impose probation that does not
contain a condition that defendant successfully complete the program of instruction
at a drug education school if:
(1)
There is no drug education school within a reasonable distance of the
defendant's residence; or
(2)
There are specific, extenuating circumstances which make it likely that
defendant will not benefit from the program of instruction.
The court shall enter such specific findings in the record;
provided that in the case of subdivision (2) above, such findings shall include
the specific, extenuating circumstances which make it likely that the defendant
will not benefit from the program of instruction.
Upon fulfillment of the terms and
conditions of the probation, the court shall discharge such person and dismiss
the proceedings against the person.
For the purposes of determining whether the
conviction is a first conviction or whether a person has already had discharge
and dismissal, no prior offense occurring more than seven years before the date
of the current offense shall be considered. In addition, convictions for
violations of a provision of G.S. 90‑95(a)(1) or 90‑95(a)(2) or 90‑95(a)(3),
or 90‑113.10, or 90‑113.11, or 90‑113.12, or 90‑113.22
shall be considered previous convictions.
Failure to complete successfully an
approved program of instruction at a drug education school shall constitute
grounds to revoke probation pursuant to this subsection and deny application
for expunction of all recordation of defendant's arrest, indictment, or
information, trial, finding of guilty, and dismissal and discharge pursuant to
G.S. 15A‑145.2. For purposes of this subsection, the phrase "failure
to complete successfully the prescribed program of instruction at a drug
education school" includes failure to attend scheduled classes without a
valid excuse, failure to complete the course within 150 days of imposition of
probation, willful failure to pay the required fee for the course as provided
in G.S. 90‑96.01(b), or any other manner in which the person fails to
complete the course successfully. The instructor of the course to which a
person is assigned shall report any failure of a person to complete
successfully the program of instruction to the court which imposed probation.
Upon receipt of the instructor's report that the person failed to complete the
program successfully, the court shall revoke probation, shall not discharge
such person, shall not dismiss the proceedings against the person, and shall
deny application for expunction of all recordation of defendant's arrest,
indictment, or information, trial, finding of guilty, and dismissal and
discharge pursuant to G.S. 15A‑145.2. A person may obtain a hearing
before the court of original jurisdiction prior to revocation of probation or
denial of application for expunction.
This subsection is supplemental and in
addition to existing law and shall not be construed so as to repeal any
existing provision contained in the General Statutes of North Carolina.
(b)
Upon the discharge of such person, and dismissal of the proceedings against him
under subsection (a) or (a1) of this section, such person, if he were not over
21 years of age at the time of the offense, may be eligible to apply for
expunction of certain records relating to the offense pursuant to G.S. 15A‑145.2(a).
(c)
The clerk of superior court in each county in North Carolina shall, as soon as
practicable after each term of court in his county, file with the
Administrative Office of the Courts the names of those persons granted a
conditional discharge under the provisions of this Article, and the
Administrative Office of the Courts shall maintain a confidential file
containing the names of persons granted conditional discharges. The information
contained in the file shall be disclosed only to Judges of the General Court of
Justice of North Carolina for the purpose of ascertaining whether any person charged
with an offense under this Article has been previously granted a conditional
discharge.
(d)
Whenever any person is charged with a misdemeanor under this Article by
possessing a controlled substance included within Schedules II through VI of
this Article or a felony under G.S. 90‑95(a)(3) by possessing less than
one gram of cocaine, upon dismissal by the State of the charges against him,
upon entry of a nolle prosequi,
or upon a finding of not guilty or other adjudication of innocence, the person may
be eligible to apply for expunction of certain records relating to the offense
pursuant to G.S. 15A‑145.2(b).
(e)
Whenever any person who has not previously been convicted of an offense under
this Article or under any statute of the United States or any state relating to
controlled substances included in any schedule of this Article or to that
paraphernalia included in Article 5B of Chapter 90 of the General Statutes
pleads guilty to or has been found guilty of (i) a misdemeanor under this Article
by possessing a controlled substance included within Schedules II through VI of
this Article, or by possessing drug paraphernalia as prohibited by G.S. 90‑113.22
or (ii) a felony under G.S. 90‑95(a)(3) by possessing less than one gram
of cocaine, the person may be eligible to apply for cancellation of the
judgment and expunction of certain records related to the offense pursuant to
G.S. 15A‑145.2(c).
(f)
Repealed by Session Laws 2009‑577, s. 6, effective December 1, 2009, and
applicable to petitions for expunctions filed on or after that date. (1971, c. 919, s. 1; 1973, c. 654, s. 2; c. 1066; 1977,
2nd Sess., c. 1147, s. 11B; 1979, c. 431, ss. 3, 4; c. 550; 1981, c. 922, ss. 1‑4;
1994, Ex. Sess., c. 11, s. 1.1; 1997‑443, s. 11A.118(a); 2002‑126,
s. 29A.5(d); 2009‑577, s. 6.)
§ 90‑96.
(Effective October 1, 2010) Conditional discharge for first offense.
(a)
Whenever any person who has not previously been convicted of any offense under
this Article or under any statute of the United States or any state relating to
those substances included in Article 5 or 5A of Chapter 90 or to that
paraphernalia included in Article 5B of Chapter 90 pleads guilty to or is found
guilty of (i) a misdemeanor under this Article by possessing a controlled
substance included within Schedules II through VI of this Article or by
possessing drug paraphernalia as prohibited by G.S. 90‑113.22, or (ii) a
felony under G.S. 90‑95(a)(3) by possessing less than one gram of
cocaine, the court may, without entering a judgment of guilt and with the
consent of such person, defer further proceedings and place him on probation
upon such reasonable terms and conditions as it may require. Notwithstanding
the provisions of G.S. 15A‑1342(c) or any other statute or law, probation
may be imposed under this section for an offense under this Article for which
the prescribed punishment includes only a fine. To fulfill the terms and
conditions of probation the court may allow the defendant to participate in a
drug education program approved for this purpose by the Department of Health
and Human Services. Upon violation of a term or condition, the court may enter
an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of
the terms and conditions, the court shall discharge such person and dismiss the
proceedings against him. Discharge and dismissal under this section shall be
without court adjudication of guilt and shall not be deemed a conviction for
purposes of this section or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime including the additional penalties
imposed for second or subsequent convictions under this Article. Discharge and
dismissal under this section or G.S. 90‑113.14 may occur only once with
respect to any person. Disposition of a case to determine discharge and
dismissal under this section at the district court division of the General
Court of Justice shall be final for the purpose of appeal. Prior to taking any
action to discharge and dismiss under this section the court shall make a
finding that the defendant has no record of previous convictions under the
"North Carolina Controlled Substances Act", Article 5, Chapter 90,
the "North Carolina Toxic Vapors Act", Article 5A, Chapter 90, or the
"Drug Paraphernalia Act", Article 5B, Chapter 90.
(a1) Upon the
first conviction only of any offense included in G.S. 90‑95(a)(3) or G.S.
90‑113.22 and subject to the provisions of this subsection (a1), the
court may place defendant on probation under this section for an offense under
this Article including an offense for which the prescribed punishment includes
only a fine. The probation, if imposed, shall be for not less than one year and
shall contain a minimum condition that the defendant who was found guilty or
pleads guilty enroll in and successfully complete, within 150 days of the date
of the imposition of said probation, the program of instruction at the drug
education school approved by the Department of Health and Human Services
pursuant to G.S. 90‑96.01. The court may impose probation that does not
contain a condition that defendant successfully complete the program of
instruction at a drug education school if:
(1)
There is no drug education school within a reasonable distance of the
defendant's residence; or
(2)
There are specific, extenuating circumstances which make it likely that
defendant will not benefit from the program of instruction.
The court shall enter such specific findings in the record;
provided that in the case of subdivision (2) above, such findings shall include
the specific, extenuating circumstances which make it likely that the defendant
will not benefit from the program of instruction.
Upon fulfillment of the terms and
conditions of the probation, the court shall discharge such person and dismiss
the proceedings against the person.
For the purposes of determining whether the
conviction is a first conviction or whether a person has already had discharge
and dismissal, no prior offense occurring more than seven years before the date
of the current offense shall be considered. In addition, convictions for
violations of a provision of G.S. 90‑95(a)(1) or 90‑95(a)(2) or 90‑95(a)(3),
or 90‑113.10, or 90‑113.11, or 90‑113.12, or 90‑113.22
shall be considered previous convictions.
Failure to complete successfully an
approved program of instruction at a drug education school shall constitute
grounds to revoke probation pursuant to this subsection and deny application
for expunction of all recordation of defendant's arrest, indictment, or information,
trial, finding of guilty, and dismissal and discharge pursuant to G.S. 15A‑145.2.
For purposes of this subsection, the phrase "failure to complete
successfully the prescribed program of instruction at a drug education
school" includes failure to attend scheduled classes without a valid
excuse, failure to complete the course within 150 days of imposition of
probation, willful failure to pay the required fee for the course as provided
in G.S. 90‑96.01(b), or any other manner in which the person fails to complete
the course successfully. The instructor of the course to which a person is
assigned shall report any failure of a person to complete successfully the
program of instruction to the court which imposed probation. Upon receipt of
the instructor's report that the person failed to complete the program
successfully, the court shall revoke probation, shall not discharge such
person, shall not dismiss the proceedings against the person, and shall deny
application for expunction of all recordation of defendant's arrest,
indictment, or information, trial, finding of guilty, and dismissal and
discharge pursuant to G.S. 15A‑145.2. A person may obtain a hearing
before the court of original jurisdiction prior to revocation of probation or
denial of application for expunction.
This subsection is supplemental and in
addition to existing law and shall not be construed so as to repeal any
existing provision contained in the General Statutes of North Carolina.
(b)
Upon the discharge of such person, and dismissal of the proceedings against him
under subsection (a) or (a1) of this section, such person, if he were not over
21 years of age at the time of the offense, may be eligible to apply for
expunction of certain records relating to the offense pursuant to G.S. 15A‑145.2(a).
other than the confidential file retained
by the Administrative Office of the Courts under G.S. 15A‑151, agencies,
the Department of Correction, the Division of Motor Vehicles, and any other
State or local government agencies identified by the petitioner as notify State
and local agencies of the court's order as provided in G.S. 15A‑150.
(c)
Repealed by Session Laws 2009‑510, s. 8(b), effective October 1, 2010.
(d)
Whenever any person is charged with a misdemeanor under this Article by
possessing a controlled substance included within Schedules II through VI of
this Article or a felony under G.S. 90‑95(a)(3) by possessing less than
one gram of cocaine, upon dismissal by the State of the charges against him,
upon entry of a nolle prosequi,
or upon a finding of not guilty or other adjudication of innocence, the person
may be eligible to apply for expunction of certain records relating to the
offense pursuant to G.S. 15A‑145.2(b). The clerk shall notify State and
local agencies of the court's order as provided in G.S. 15A‑150.
(e)
Whenever any person who has not previously been convicted of an offense under
this Article or under any statute of the United States or any state relating to
controlled substances included in any schedule of this Article or to that
paraphernalia included in Article 5B of Chapter 90 of the General Statutes
pleads guilty to or has been found guilty of (i) a misdemeanor under this
Article by possessing a controlled substance included within Schedules II
through VI of this Article, or by possessing drug paraphernalia as prohibited
by G.S. 90‑113.22 or (ii) a felony under G.S. 90‑95(a)(3) by
possessing less than one gram of cocaine, the person may be eligible to apply
for cancellation of the judgment and expunction of certain records related to
the offense pursuant to G.S. 15A‑145.2(c).
other than the confidential file retained
by the Administrative Office of the Courts under G.S. 15A‑151, agencies,
the Department of Correction, the Division of Motor Vehicles, and any other
State or local government agency identified by the petitioner as notify State
and local agencies of the court's order as provided in G.S. 15A‑150.
(f)
Repealed by Session Laws 2009‑577, s. 6, effective December 1, 2009, and
applicable to petitions for expunctions filed on or after that date. (1971, c. 919, s. 1; 1973, c. 654, s. 2; c. 1066;
1977, 2nd Sess., c. 1147, s. 11B; 1979, c. 431, ss. 3, 4; c. 550; 1981, c. 922,
ss. 1‑4; 1994, Ex. Sess., c. 11, s. 1.1; 1997‑443, s. 11A.118(a);
2002‑126, s. 29A.5(d); 2009‑510, s. 8(a)‑(d); 2009‑577,
s. 6.)
§ 90‑96.01.
Drug education schools; responsibilities of the Department of Health and Human
Services; fees.
(a)
The Commission for Mental Health, Developmental Disabilities, and Substance
Abuse Services shall establish standards and guidelines for the curriculum and
operation of local drug education programs. The Department of Health and Human
Services shall oversee the development of a statewide system of schools and
shall insure that schools are available in all localities of the State as soon
as is practicable.
(1)
A fee of one hundred fifty dollars ($150.00) shall be paid by all persons
enrolling in an accredited drug education school established pursuant to this
section. That fee must be paid to an official designated for that purpose and
at a time and place specified by the area mental health, developmental
disabilities, and substance abuse authority providing the course of instruction
in which the person is enrolled. If the clerk of court in the county in which
the person is convicted agrees to collect the fees, the clerk shall collect all
fees for persons convicted in that county. The clerk shall pay the fees collected
to the area mental health, developmental disabilities, and substance abuse
authority for the catchment area where the clerk is located regardless of the
location where the defendant attends the drug education school and that
authority shall distribute the funds in accordance with the rules and
regulations of the Department. The fee must be paid in full within two weeks of
the date the person is convicted and before he attends any classes, unless the
court, upon a showing of reasonable hardship, allows the person additional time
to pay the fee or allows him to begin the course of instruction without paying
the fee. If the person enrolling in the school demonstrates to the satisfaction
of the court that ordered him to enroll in the school that he is unable to pay
and his inability to pay is not willful, the court may excuse him from paying
the fee. Parents or guardians of persons attending drug education school shall
be allowed to audit the drug education school along with their children or
wards at no extra expense.
(2)
The Department of Health and Human Services shall have the authority to approve
programs to be implemented by area mental health, developmental disabilities,
and substance abuse authorities. Area mental health, developmental disabilities,
and substance abuse authorities may subcontract for the delivery of drug
education program services. The Department shall have the authority to approve
budgets and contracts with public and private governmental and nongovernmental
bodies for the operation of such schools.
(3)
Fees collected under this section and retained by the area mental health,
developmental disabilities, and substance abuse authority shall be placed in a nonreverting fund. That fund must be used, as necessary,
for the operation, evaluation and administration of the drug educational
schools; excess funds may only be used to fund other drug or alcohol programs.
The area mental health, developmental disabilities, and substance abuse
authority shall remit five percent (5%) of each fee collected to the Department
of Health and Human Services on a monthly basis. Fees received by the
Department as required by this section may only be used in supporting,
evaluating, and administering drug education schools, and any excess funds will
revert to the General Fund.
(4)
All fees collected by any area mental health, developmental disabilities, and
substance abuse authority under the authority of this section may not be used
in any manner to match other State funds or be included in any computation for
State formula‑funded allocations.
(b)
Willful failure to pay the fee is one ground for a finding that a person placed
on probation or who may make application for expunction of all recordation of
his arrest or conviction has not successfully completed the course. If the
court determines the person is unable to pay, he shall not be deemed guilty of
a willful failure to pay the fee. (1981,
c. 922, s. 8; 1991, c. 636, s. 19(b), (c); 1993, c. 395, s. 1; 1997‑443,
s. 11A.118(a).)
§ 90‑96.1.
Immunity from prosecution for minors.
Whenever any person who is not more than 18
years of age, who has not previously been convicted of any offense under this
Article or under any statute of the United States of any state relating to
controlled substances included in any schedule of this Article, is accused with
possessing or distributing a controlled substance in violation of G.S. 90‑95(a)(1)
or 90‑95(a)(2) or 90‑ 95(a)(3), the court may, upon recommendation
of the district attorney, grant said person immunity from prosecution for said
violation(s) if said person shall disclose the identity of the person or
persons from whom he obtained the controlled substance(s) for which said person
is being accused of possessing or distributing. (1973,
c. 47, s. 2; c. 654, s. 3.)
§ 90‑97.
Other penalties.
Any penalty imposed for violation of this
Article shall be in addition to, and not in lieu of, any civil or
administrative penalty or sanction authorized by law. If a violation of this
Article is a violation of a federal law or the law of another state, a
conviction or acquittal under federal law or the law of another state for the
same act is a bar to prosecution in this State. (1971,
c. 919, s. 1.)
§ 90‑98.
Attempt and conspiracy; penalties.
Except as otherwise provided in this
Article, any person who attempts or conspires to commit any offense defined in
this Article is guilty of an offense that is the same class as the offense
which was the object of the attempt or conspiracy and is punishable as specified
for that class of offense and prior record or conviction level in Article 81B
of Chapter 15A of the General Statutes. (1971,
c. 919, s. 1; 1979, c. 760, s. 5; 1997‑80, s. 9.)
§ 90‑99.
Republishing of schedules.
The North Carolina Department of Health and
Human Services shall update and republish the schedules established by this
Article on a semiannual basis for two years from January 1, 1972, and
thereafter on an annual basis. (1971, c. 919, s. 1;
1977, c. 667, s. 3; 1997‑443, s. 11A.118(a).)
§ 90‑100.
Rules.
The Commission may adopt rules relating to
the registration and control of the manufacture, distribution, security, and
dispensing of controlled substances within this State. (1971, c. 919, s. 1; 1977, c. 667, s. 3; 1981, c. 51, s. 9;
1991, c. 309, s. 2; 1993, c. 384, s. 1.)
§ 90‑101.
Annual registration and fee to engage in listed activities with controlled
substances; effect of registration; exceptions; waiver; inspection.
(a)
Every person who manufactures, distributes, dispenses, or conducts research
with any controlled substance within this State or who proposes to engage in
any of these activities shall annually register with the North Carolina
Department of Health and Human Services, in accordance with rules adopted by
the Commission, and shall pay the registration fee set by the Commission for
the category to which the applicant belongs. An applicant for registration
shall file an application for registration with the Department of Health and
Human Services and submit the required fee with the application. The categories
of applicants and the maximum fee for each category are as follows:
CATEGORY.........................................................................
MAXIMUM FEE
Clinic
.............................................................................................
$150.00
Hospital
.........................................................................................
350.00
Nursing Home ................................................................................
150.00
Teaching Institution
.........................................................................
150.00
Researcher
.....................................................................................
150.00
Analytical Laboratory
.....................................................................
150.00
Dog Handler
..................................................................................
150.00
Distributor ......................................................................................
600.00
Manufacturer...................................................................................
700.00.
(a1) Any
physician who prescribes or dispenses Buprenorphine for the treatment of opiate
dependence shall annually register with the Department, in accordance with
rules adopted by the Commission. In the application for registration under this
subsection, the applicant shall document plans to ensure that patients are directly
engaged or referred to a qualified provider to receive counseling and case
management, as appropriate, and shall acknowledge the application of federal
confidentiality regulations to patient information. Applicant plans for
referral to appropriate services shall be a written document and may include
either an executed memorandum of agreement, contractual arrangement, or linkage
agreement with qualified providers. The Department shall provide assistance
upon request to physicians registered under this subsection to identify and
establish linkages with qualified providers of counseling and case management.
The Department shall provide the North Carolina Medical Board with any evidence
of noncompliance with this subsection by a qualified physician prior to taking
action to rescind the physician's registration to prescribe or dispense
Buprenorphine for the treatment of opiate dependency.
(b)
Persons registered by the North Carolina Department of Health and Human
Services under this Article (including research facilities) to manufacture,
distribute, dispense or conduct research with controlled substances may
possess, manufacture, distribute, dispense or conduct research with those
substances to the extent authorized by their registration and in conformity
with the other provisions of this Article.
(c)
The following persons shall not be required to register and may lawfully
possess controlled substances under the provisions of this Article:
(1)
An agent, or an employee thereof, of any registered manufacturer, distributor,
or dispenser of any controlled substance if such agent is acting in the usual
course of his business or employment;
(2)
The State courier service operated by the Department of Administration, a
common or contract carrier, or a public warehouseman, or an employee thereof,
whose possession of any controlled substance is in the usual course of his
business or employment;
(3)
An ultimate user or a person in possession of any controlled substance pursuant
to a lawful order of a practitioner;
(4)
Repealed by Session Laws 1977, c. 891, s. 4.
(5)
Any law‑enforcement officer acting within the
course and scope of official duties, or any person employed in an official
capacity by, or acting as an agent of, any law‑enforcement
agency or other agency charged with enforcing the provisions of this Article
when acting within the course and scope of official duties; and
(6)
A practitioner, as defined in G.S. 90‑87(22)a., who is required to be
licensed in North Carolina by his respective licensing board.
(d)
The Commission may, by rule, waive the requirement for registration of certain
classes of manufacturers, distributors, or dispensers if it finds it consistent
with the public health and safety.
(e)
A separate registration shall be required at each principal place of business,
research or professional practice where the registrant manufactures,
distributes, dispenses or uses controlled substances.
(f)
The North Carolina Department of Health and Human Services is authorized to
inspect the establishment of a registrant, applicant for registration, or
practitioner in accordance with rules adopted by the Commission.
(g)
Practitioners licensed in North Carolina by their respective licensing boards
may possess, dispense or administer controlled substances to the extent
authorized by law and by their boards.
(h)
A physician licensed by the North Carolina Medical Board pursuant to Article 1
of this Chapter may possess, dispense or administer tetrahydrocannabinols
in duly constituted pharmaceutical form for human administration for treatment
purposes pursuant to rules adopted by the Commission.
(i)
A physician licensed by the North Carolina Medical Board pursuant to Article 1
of this Chapter may dispense or administer Dronabinol or Nabilone as scheduled
in G.S. 90‑90(5) only as an antiemetic agent in cancer chemotherapy. (1971, c. 919, s. 1; 1973, c. 1358, s. 12; 1977, c. 667, s.
3; c. 891, s. 4; 1979, c. 781; 1981, c. 51, s. 9; 1983, c. 375, s. 2; 1985, c.
439, s. 2; 1987, c. 412, s. 13; 1989 (Reg. Sess., 1990), c. 1040, s. 4; 1993,
c. 384, s. 2; 1995, c. 94, ss. 26, 27; 1997‑443, s. 11A.118(a); 1997‑456,
s. 27; 2003‑335, s. 1; 2003‑398, s. 1.)
§ 90‑102.
Additional provisions as to registration.
(a)
The North Carolina Department of Health and Human Services shall register an
applicant to manufacture or distribute controlled substances included in
Schedules I through VI of this Article unless it determines that the issuance
of such registration is inconsistent with the public interest. In determining
the public interest, the following factors shall be considered:
(1)
Maintenance of effective controls against diversion of any controlled
substances and any substance compounded therefrom
into other than legitimate medical, scientific, or industrial channels;
(2)
Compliance with applicable federal, State and local law;
(3)
Prior conviction record of applicant, its agents or employees under federal and
State laws relating to the manufacture, distribution, or dispensing of such
substances;
(4)
Past experience in the manufacture of controlled substances, and the existence
in the establishment or facility of effective controls against diversion; and
(5)
Any factor relating to revocation, suspension, or denial of past registrations,
licenses, or applications under this or any other State or federal law;
(6)
Such other factors as may be relevant to and consistent with the public health
and safety.
(b)
Registration granted under subsection (a) of this section shall not entitle a
registrant to manufacture and distribute controlled substances included in
Schedule I or II other than those specified in the registration.
(c)
Individual practitioners licensed to dispense and authorized to conduct
research under federal law with Schedules II through V substances must be
registered with the North Carolina Department of Health and Human Services to
conduct such research.
(d)
Manufacturers and distributors registered or licensed under federal law to
manufacture or distribute controlled substances included in Schedules I through
VI of this Article are entitled to registration under this Article, but this
registration is expressly made subject to the provisions of G.S. 90‑103.
(e)
The North Carolina Department of Health and Human Services shall initially
permit persons to register who own or operate any establishment engaged in the
manufacture, distribution, or dispensing of any substances prior to January 1,
1972, and who are registered or licensed by the State. (1971, c. 919, s. 1; 1973, c. 1358, s. 14; 1977, c. 667, s.
3; 1985, c. 439, ss. 3, 4; 1997‑443, s. 11A.118(a).)
§ 90‑102.1.
Registration of persons requiring limited use of controlled substances for
training purposes in certain businesses.
(a)
Definitions. – As used in this Article:
(1)
"Commercial detection service" means any person, firm, association,
or corporation contracting with another person, firm, association, or
corporation for a fee or other valuable consideration to place, lease, or rent
a trained drug detection dog with a dog handler.
(2)
"Dog handler" means a person trained in the handling of drug
detection dogs, including the care, feeding, and maintenance of drug detection
dogs and the procedures necessary to train and control the behavior of drug
detection dogs.
(3)
"Drug detection dog" means a dog trained to locate controlled
substances by scent.
(b)
Registration. – A dog handler who is not exempt from registration under G.S. 90‑101
who intends to use any controlled substance included in Schedules I through VI
for the limited purpose of the initial training and maintenance training of
drug detection dogs shall file an application for registration with the
Department of Health and Human Services and pay the applicable fee as provided
in G.S. 90‑101.
(c)
Prerequisites for Registration. – Upon receipt of an application, the
Department of Health and Human Services shall conduct a background
investigation, during the course of which the applicant shall be required to
show that the applicant meets all the following requirements and
qualifications:
(1)
That the applicant is at least 21 years of age.
(2)
That the applicant is of good moral character and temperate habits. The
following shall be prima facie evidence that the applicant does not have good
moral character or temperate habits:
a.
Conviction of any crime involving the illegal use, possession, sale,
manufacture, distribution, or transportation of a controlled substance, drug,
narcotic, or alcoholic beverage;
b.
Conviction of a felony or a crime involving an act of violence;
c.
Conviction of a crime involving unlawful breaking or entering, burglary,
larceny, or any offense involving moral turpitude; or
d.
A history of addiction to alcohol or a narcotic drug;
provided that, for purposes of this
subsection, conviction means and includes the entry of a plea of guilty or no
contest or a verdict rendered in open court by a judge or jury.
(3)
That the applicant has not been convicted of any felony involving the illegal
use, possession, sale, manufacture, distribution, or transportation of a
controlled substance, drug, narcotic, or alcoholic beverage.
(4)
That the applicant has the necessary training, qualifications, and experience
to demonstrate competency and fitness as a dog handler as the Department of
Health and Human Services may determine by rule for all registrations to be
approved by the Department.
(5)
That the applicant affirms in writing that if the application for registration
is approved, the applicant shall report all dog alerts to, or finds of, any
controlled substance to a law enforcement agency having jurisdiction in the
area where the dog alert occurs or where the controlled substance is found.
(d)
Criminal Record Check. – The Department of Justice may provide a criminal
record check to the Department of Health and Human Services for a person who
has applied for a new or renewal registration. The Department of Health and
Human Services shall provide to the Department of Justice, along with the
request, the fingerprints of the applicant, any additional information required
by the Department of Justice, and a form signed by the applicant consenting to
the check of the criminal record and to the use of the fingerprints and other
identifying information required by the State or national repositories. The
applicant's fingerprints shall be forwarded to the State Bureau of
Investigation for a search of the State's criminal history record file, and the
State Bureau of Investigation shall forward a set of the fingerprints to the
Federal Bureau of Investigation for a national criminal history check. The
Department of Health and Human Services shall keep all information pursuant to
this subsection privileged, in accordance with applicable State law and federal
guidelines, and the information shall be confidential and shall not be a public
record under Chapter 132 of the General Statutes. The Department of Justice may
charge each applicant a fee for conducting the checks of criminal history
records authorized by this subsection.
(e)
Acquisition of Controlled Substances. – If the application for registration is
approved, the registrant may lawfully obtain and possess controlled substances
in the manner and to the extent authorized by the registration, in conformity
with G.S. 90‑105, other provisions of this Article, and rules promulgated
by the Commission pursuant to G.S. 90‑100.
(f)
Record Keeping; Physical Security. – Each registrant shall keep records and
maintain inventories in the manner specified in G.S. 90‑104. Registrants
shall provide effective controls and procedures to guard against theft and
diversion of controlled substances. Controlled substances shall be stored in a
securely locked, substantially constructed cabinet, and the storage area shall
be protected by an alarm system that is continuously monitored by an alarm
company central station.
(g)
Disclosure of Discovery of Controlled Substances. – A dog handler shall, upon a
dog alert or finding of a controlled substance, notify the State or local law
enforcement agency having jurisdiction over the area where the dog alert occurs
or the controlled substance is found. Before leaving the premises where the dog
alert occurs or where the controlled substance is found, the dog handler shall
inform law enforcement of the dog alert or the finding of a controlled
substance and shall provide all relevant information concerning the dog alert
or the discovery of the controlled substance.
(h)
Commercial Detection Services; Dog Certification and Client Confidentiality. –
Any drug detection dog utilized in a commercial detection service in this State
shall first be certified by a canine certification association approved by the
Department of Health and Human Services. Any person, including a nonresident,
engaged in providing a commercial detection service in this State shall comply
with the requirements of subsection (g) of this section regarding disclosure of
the discovery of controlled substances. Client records of a dog handler who
provides a commercial detection service for controlled substances shall be
confidential unless the dog handler is required to report a dog alert or
finding of a controlled substance in the course of a search, the records are
lawfully subpoenaed, or the records are obtained by a law enforcement officer
pursuant to a court order, a search warrant, or an exception to the search
warrant requirement.
(i)
Notice of Disclosure Requirement. – A dog handler shall provide conspicuous
written notice to clients at the dog handler's place of business and in the
contract for services stating that the dog handler is required by law to notify
law enforcement of any dog alert or finding of a controlled substance.
Any person who contracts with a dog handler
to provide commercial drug detection services shall provide conspicuous written
notice to any person whose person or property may be subject to search stating
that the premises is subject to search and that the dog handler is required by
law to notify law enforcement of any dog alert or finding of a controlled
substance.
(j)
The Department of Health and Human Services shall have the power to investigate
or cause to be investigated any complaints, allegations, or suspicions of
wrongdoing or violations of this section involving individuals registered or
applying to be registered under this section. The Department or the Commission
may deny, suspend, or revoke a registration issued under this section if it is
determined that the applicant or registrant has:
(1)
Made any false statement or given any false information in connection with any
application for a registration or for the renewal or reinstatement of a
registration.
(2)
Violated any provision of this Article.
(3)
Violated any rule promulgated by the Department of Health and Human Services or
the Commission for Mental Health, Developmental Disabilities, and Substance
Abuse Services pursuant to the authority contained in this Article.
(k)
This section does not apply to law enforcement agencies, to dog handlers and
drug detection dogs that are employed or under contract to law enforcement
agencies, or to other persons who are exempt from registration under G.S. 90‑101(c)(5).
(2003‑398, s. 2.)
§ 90‑103.
Revocation or suspension of registration.
(a)
A registration under G.S. 90‑102 to manufacture, distribute, or dispense
a controlled substance, may be suspended or revoked by the Commission upon a
finding that the registrant:
(1)
Has furnished false or fraudulent material information in any application filed
under this Article;
(2)
Has been convicted of a felony under any State or federal law relating to any
controlled substance; or
(3)
Has had his federal registration suspended or revoked to manufacture,
distribute, or dispense controlled substances.
(b)
The Commission may limit revocation or suspension of a registration to the
particular controlled substance with respect to which grounds for revocation or
suspension exist.
(c)
Before denying, suspending, or revoking a registration or refusing a renewal of
registration, the Commission shall serve upon the applicant or registrant an
order to show cause why registration should not be denied, revoked, or
suspended, or why the renewal should not be refused. The order to show
cause shall contain a statement of the basis therefor
and shall call upon the applicant or registrant to appear before the Commission
at a time and place not less than 30 days after the date of service of the order,
but in the case of a denial or renewal of registration, the show cause order
shall be served not later than 30 days before the expiration of the
registration. These proceedings shall be conducted in accordance with
rules and regulations of the Commission required by Chapter 150B of the General
Statutes, and subject to judicial review as provided in Chapter 150B of the
General Statutes. Such proceedings shall be independent of, and not in
lieu of, criminal prosecutions or other proceedings under this Article or any
law of the State.
(d)
The Commission may suspend, without an order to show cause, any registration
simultaneously with the institutions of proceedings under this section, or
where renewal of registration is refused if it finds that there is an imminent
danger to the public health or safety which warrants this action. The
suspension shall continue in effect until the conclusion of the proceedings,
including judicial review thereof, unless sooner withdrawn by the Commission or
dissolved by a court of competent jurisdiction.
(e)
In the event the Commission suspends or revokes a registration granted under
G.S. 90‑102, all controlled substances owned or possessed by the
registrant pursuant to such registration at the time of suspension or the
effective date of the revocation order, as the case may be, may in the
discretion of the Commission be placed under seal. No disposition may be
made of substances under seal until the time for taking an appeal has elapsed
or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the
deposit of the proceeds of the sale with the court. Upon a revocation
order becoming final, all such controlled substances may be ordered forfeited
to the State.
(f)
The Bureau shall promptly be notified of all orders suspending or revoking
registration. (1971, c. 919, s. 1;
1973, c. 1331, s. 3; 1977, c. 667, s. 3; 1981, c. 51, s. 9; 1987, c. 827, s.
1.)
§ 90‑104.
Records of registrants or practitioners.
Each registrant or practitioner
manufacturing, distributing, or dispensing controlled substances under this
Article shall keep records and maintain inventories in conformance with the
record‑keeping and the inventory requirements of the federal law and
shall conform to such rules and regulations as may be promulgated by the
Commission. (1971, c. 919, s. 1;
1977, c. 667, s. 3; 1981, c. 51, s. 9.)
§ 90‑105.
Order forms.
Controlled substances included in Schedules
I and II of this Article shall be distributed only by a registrant or
practitioner, pursuant to an order form. Compliance with the provisions of the
Federal Controlled Substances Act or its successor respecting order forms shall
be deemed compliance with this section. (1971,
c. 919, s. 1.)
§ 90‑106.
Prescriptions and labeling.
(a)
Except when dispensed directly by a practitioner, other than a pharmacist, to
an ultimate user, no controlled substance included in Schedule II of this
Article may be dispensed without the written prescription of a practitioner.
(b)
In emergency situations, as defined by rule of the Commission, Schedule II
drugs may be dispensed upon oral prescription of a practitioner, reduced
promptly to writing and filed by the dispensing agent. Prescriptions shall be
retained in conformity with the requirements of G.S. 90‑104. No
prescription for a Schedule II substance may be refilled.
(c)
Except when dispensed directly by a practitioner, other than a pharmacist, to
an ultimate user, no controlled substance included in Schedules III or IV,
except paregoric, U.S.P., as provided in G.S. 90‑91(e)1, may be dispensed
without a prescription, and oral prescriptions shall be promptly reduced to
writing and filed with the dispensing agent. Such prescription may not be
filled or refilled more than six months after the date thereof or be refilled
more than five times after the date of the prescription.
(d)
No controlled substance included in Schedule V of this Article or paregoric,
U.S.P., may be distributed or dispensed other than for a medical purpose.
(e)
No controlled substance included in Schedule VI of this Article may be
distributed or dispensed other than for scientific or research purposes by
persons registered under, or permitted by, this Article to engage in scientific
or research projects.
(f)
No controlled substance shall be dispensed or distributed in this State unless
such substance shall be in a container clearly labeled in accord with regulations
lawfully adopted and published by the federal government or the Commission.
(g)
When a copy of a prescription for a controlled substance under this Article is
given as required by G.S. 90‑70, such copy shall be plainly marked:
"Copy – for information only." Copies of prescriptions for controlled
substances shall not be filled or refilled.
(h)
A pharmacist dispensing a controlled substance under this Article shall enter
the date of dispensing on the prescription order pursuant to which such
controlled substance was dispensed.
(i)
A manufacturer's sales representative may distribute a controlled substance as
a complimentary sample only upon the written request of a practitioner. Such
request must be made on each distribution and must contain the names and
addresses of the supplier and the requester and the name and quantity of the
specific controlled substance requested. The manufacturer shall maintain a
record of each such request for a period of two years. (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 1358, s. 15;
1975, c. 572; 1977, c. 667, s. 3; 1981, c. 51, s. 9; 2007‑248, s. 2.)
§ 90‑107.
Prescriptions, stocks, etc., open to inspection by officials.
Prescriptions, order forms and records,
required by this Article, and stocks of controlled substances included in
Schedules I through VI of this Article shall be open for inspection only to
federal and State officers, whose duty it is to enforce the laws of this State
or of the United States relating to controlled substances included in Schedules
I through VI of this Article, and to authorized employees of the North Carolina
Department of Health and Human Services. No officer having knowledge by virtue
of his office of any such prescription, order, or record shall divulge such knowledge
other than to other law‑enforcement officials
or agencies, except in connection with a prosecution or proceeding in court or
before a licensing board or officer to which prosecution or proceeding the
person to whom such prescriptions, orders, or records relate is a party. (1971, c. 919, s. 1; 1973, c. 1358, s. 13; 1977, c. 667, s.
3; 1997‑443, s. 11A.118(a).)
§ 90‑108. Prohibited acts; penalties.
(a)
It shall be unlawful for any person:
(1)
Other than practitioners licensed under Articles 1, 2, 4, 6, 11, 12A of this
Chapter to represent to any registrant or practitioner who manufactures,
distributes, or dispenses a controlled substance under the provision of this
Article that he is a licensed practitioner in order to secure or attempt to
secure any controlled substance as defined in this Article or to in any way
impersonate a practitioner for the purpose of securing or attempting to secure
any drug requiring a prescription from a practitioner as listed above and who
is licensed by this State;
(2)
Who is subject to the requirements of G.S. 90‑101 or a practitioner to
distribute or dispense a controlled substance in violation of G.S. 90‑105
or 90‑106;
(3)
Who is a registrant to manufacture, distribute, or dispense a controlled
substance not authorized by his registration to another registrant or other
authorized person;
(4) To omit,
remove, alter, or obliterate a symbol required by the Federal Controlled
Substances Act or its successor;
(5)
To refuse or fail to make, keep, or furnish any record, notification, order
form, statement, invoice or information required under this Article;
(6)
To refuse any entry into any premises or inspection authorized by this Article;
(7)
To knowingly keep or maintain any store, shop, warehouse, dwelling house,
building, vehicle, boat, aircraft, or any place whatever, which is resorted to
by persons using controlled substances in violation of this Article for the
purpose of using such substances, or which is used for the keeping or selling
of the same in violation of this Article;
(8)
Who is a registrant or a practitioner to distribute a controlled substance
included in Schedule I or II of this Article in the course of his legitimate
business, except pursuant to an order form as required by G.S. 90‑105;
(9)
To use in the course of the manufacture or distribution of a controlled
substance a registration number which is fictitious, revoked, suspended, or
issued to another person;
(10) To acquire or obtain
possession of a controlled substance by misrepresentation, fraud, forgery,
deception, or subterfuge;
(11) To furnish false or
fraudulent material information in, or omit any material information from, any
application, report, or other document required to be kept or filed under this Article, or any record
required to be kept by this Article;
(12)
To make, distribute, or possess any punch, die, plate, stone, or other thing
designed to print, imprint, or reproduce the trademark, trade name, or other
identifying mark, imprint, or device of another or any likeness of any of the
foregoing upon any drug or container or labeling thereof so as to render such
drug a counterfeit controlled substance;
(13) To obtain controlled
substances through the use of legal prescriptions which have been obtained by
the knowing and willful misrepresentation to or by the intentional withholding
of information from one or more practitioners;
(14)
Who is an employee of a registrant or practitioner and who is authorized to
possess controlled substances or has access to controlled substances by virtue
of his employment, to embezzle or fraudulently or knowingly and willfully
misapply or divert to his own use or other unauthorized or illegal use or to
take, make away with or secrete, with intent to embezzle or fraudulently or
knowingly and willfully misapply or divert to his own use or other unauthorized
or illegal use any controlled substance which shall have come into his
possession or under his care.
(b)
Any person who violates this section shall be guilty of a Class 1 misdemeanor.
Provided, that if the criminal pleading alleges that the violation was
committed intentionally, and upon trial it is specifically found that the
violation was committed intentionally, such violations shall be a Class I
felony. A person who violates subdivision (7) of subsection (a) of this
section and also fortifies the structure, with the intent to impede law
enforcement entry, (by barricading windows and doors) shall be punished as a
Class I felon. (1971, c. 919, s. 1;
1973, c. 1358, s. 11; 1979, c. 760, s. 5; 1983, c. 294, s. 7, c. 773; 1991
(Reg. Sess., 1992), c. 1041, s. 1; 1993, c. 539, s. 622; 1994, Ex. Sess., c.
24, s. 14(c).)
§ 90‑109.
Licensing required.
A facility for drug treatment as defined in
G.S. 122C‑3(14)b. shall obtain the license required by Article 2 of
Chapter 122C of the General Statutes permitting operation. Subject to rules
governing the operation and licensing of these facilities set by the Commission
for Mental Health, Developmental Disabilities, and Substance Abuse Services,
the Department of Health and Human Services shall be responsible for issuing
licenses. These licensing rules shall be consistent with the licensing rules
adopted under Article 2 of Chapter 122C of the General Statutes. (1971, c. 919, s. 1; 1973, c. 1361; 1977, c. 667, s. 3; 1981,
c. 51, s. 9; 1983, c. 718, s. 2; 1985, c. 589, s. 32; 1995, c. 509, s. 39; 1997‑443,
s. 11A.118(a).)
§ 90‑109.1.
Treatment.
(a)
A person may request treatment and rehabilitation for drug dependence from a
practitioner, and such practitioner or employees thereof shall not disclose the
name of such person to any law‑enforcement
officer or agency; nor shall such information be admissible as evidence in any
court, grand jury, or administrative proceeding unless authorized by the person
seeking treatment. A practitioner may undertake the treatment and
rehabilitation of such person or refer such person to another practitioner for
such purpose and under the same requirement of confidentiality.
(b)
An individual who requests treatment or rehabilitation for drug dependence in a
program where medical services are to be an integral component of his treatment
shall be examined and evaluated by a practitioner before receiving treatment
and rehabilitation services. If a practitioner performs an initial examination
and evaluation, the practitioner shall prescribe a proper course of treatment
and medication, if needed. That practitioner may authorize another practitioner
to provide the prescribed treatment and rehabilitation services.
(c)
Every practitioner that provides treatment or rehabilitation services to a
person dependent upon drugs shall periodically as required by the Secretary of
the North Carolina Department of Health and Human Services commencing January
1, 1972, make a statistical report to the Secretary of the North Carolina
Department of Health and Human Services in such form and manner as the
Secretary shall prescribe for each such person treated or to whom
rehabilitation services were provided. The form of the report prescribed shall
be furnished by the Secretary of the North Carolina Department of Health and
Human Services. Such report shall include the number of persons treated or to
whom rehabilitation services were provided; the county of such person's legal
residence; the age of such person; the number of such persons treated as
inpatients and the number treated as outpatients; the number treated who had
received previous treatment or rehabilitation services; and any other data
required by the Secretary. If treatment or rehabilitation services are provided
to a person by a hospital, public agency, or drug treatment facility, such
hospital, public agency, or drug treatment facility shall coordinate with the
treating medical practitioner so that statistical reports required in this
section shall not duplicate one another. The Secretary shall cause all such
reports to be compiled into periodical reports which shall be a public record. (1971, c. 919, s. 1; 1977, c. 667, s. 3; 1985, c. 439, s. 5;
1997‑443, s. 11A.118(a).)
§ 90‑110.
Injunctions.
(a)
The superior court of North Carolina shall have jurisdiction in proceedings in
accordance with the rules of those courts to enjoin violations of this Article.
(b)
In case of an alleged violation of an injunction or restraining order issued
under this section, trial shall, upon demand of the accused, be by a jury in
accordance with the rules of the superior courts of North Carolina. (1971, c. 919, s. 1.)
§ 90‑111.
Cooperative arrangements.
The North Carolina Department of Health and
Human Services and the Attorney General of North Carolina shall cooperate with
federal and other State agencies in discharging their responsibilities
concerning traffic in controlled substances and in suppressing the abuse of
controlled substances. To this end, they are authorized to:
(1)
Arrange for the exchange of information between governmental officials
concerning the use and abuse of controlled substances;
(2)
Coordinate and cooperate in training programs on controlled substances for law
enforcement at the local and State levels;
(3)
Cooperate with the Bureau by establishing a centralized unit which will accept,
catalogue, file, and collect statistics, including records of drug‑dependent persons and other controlled substance
law offenders within the State, and make such information available for
federal, State, and local law‑enforcement
purposes. Provided that neither the Attorney General of North Carolina, the
North Carolina Department of Health and Human Services nor any other State
officer or agency shall be authorized to accept or file, or give out the names
or other form of personal identification of drug‑dependent
persons who voluntarily seek treatment or assistance related to their drug
dependency. (1971, c. 919, s. 1;
1977, c. 667, s. 3; 1997‑443, s. 11A.118(a).)
§ 90‑112.
Forfeitures.
(a)
The following shall be subject to forfeiture: