North Carolina SB 888: Drug Law Amendments.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

SESSION LAW 1999-370
SENATE BILL 888

AN ACT TO AMEND THE LAWS REGARDING CONTROLLED SUBSTANCES.

The General Assembly of North Carolina enacts:

Section 1. G.S. 90-95 reads as rewritten:
"§ 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 that the sale of a controlled substance
classified in Schedule I or II shall be punished as a Class G felon;
(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

Page 2 S.L. 1999-370 Senate Bill 888
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) Except as authorized by this Article, it is unlawful for any person to:
(1) Possess an immediate precursor chemical with intent to manufacture a
controlled substance; or
(2) 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.
(d2) The immediate precursor chemicals to which subsection (d1) 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) Anthranilic acid.
(1) Anhydrous ammonia.
(1a) Anthranilic acid.
(2) Benzyl cyanide.
(3) Chloroephedrine.
(4) Chloropseudoephedrine.
(5) D-lysergic acid.

Senate Bill 888 S.L. 1999-370 Page 3
(6) Ephedrine.
(7) Ergonovine maleate.
(8) Ergotamine tartrate.
(9) Ethyl Malonate.
(10) Ethylamine.
(10a) Iodine.
(11) Isosafrole.
(11a) Lithium.
(12) Malonic acid.
(13) Methylamine.
(14) N-acetylanthranilic acid.
(15) N-ethylephedrine.
(16) N-ethylepseudoephedrine.
(17) N-methylephedrine.
(18)