AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT. SL 2021-155. Enacted Sept. 16, 2021. Dec. 1, 2021.
Bill S 321 (2021)Summary date: Sep 16 2021 - View summary
Bill S 321 (2021-2022)Summary date: Apr 1 2021 - View summary
Senate amendment to the 1st edition adds the following.
Modifies anticonvulsants, classified as a Class V controlled substance under GS 90-93, to specify that the term includes cenobamate and lasmiditan and their salts, isomers, and salts of isomers, unless specifically exempted or excluded or unless listed in another schedule.
Bill S 321 (2021-2022)Summary date: Mar 18 2021 - View summary
Makes the following changes to the Controlled Substances Act, Article 5, GS Chapter 90.
Amends GS 90-87 to define isomer to mean the optical isomer, unless otherwise specified (was, any type of isomer, including structural, geometric, or optical isomers, and stereoisomers). Modifies narcotic drug to specify that the term includes cocaine and any isomer whether optical or geometric.
Amends GS 90-89, modifying and adding to the Schedule I controlled substances. Adds to the Schedule I opiates Isopropyl-U-47700, U-51754, and U-48800, as specified, as well as Isotonitazene, Metonitazene, and Brorphine. Also specifies that the isomers of levophenacyclmorphan, included as a Schedule I opiate, includes optical and geometric isomers. Qualifies the fentanyl derivatives included in the Schedule to include any compound as previously described unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the US FDA. Provides that the opium derivatives included in the Schedule include the derivatives' optical, positional, or geometric isomer. Provides that the hallucinogenic substances included in the Schedule include the substances' optical, positional, or geometric isomers. Adds substituted tryptamines and substituted phenylcyclohexylamines, as defined, to the hallucinogenic substances included in the Schedule. Adds Clonazolam, Flualprazolam and Flubromazolam to the substances included under systemic depressants. Specifies that the isomers of mephedrone, MDPV, and substituted cathinones, all included as a Schedule I stimulant, include optical, positional, or geometric isomers. Specifies that the isomers of NBOMe compounds, a Schedule I controlled substance, include optical, positional, or geometric isomers. Adds substituted phenethylamines and N-Benzyl Phenethylamines, as defined, to Schedule I controlled substances.
Amends GS 90-90, concerning Schedule II controlled substances, specifying that cocaine includes any isomer chemically equivalent or identical whether optical or geometric. Also adds Norfentanyl to the opiates or opioids included in the Schedule.
Amends GS 90-91(j), concerning Schedule III controlled substances, specifying that the identified Schedule III substances include any isomer of the substance, whether optical, positional or geometric.
Amends GS 90-92, concerning Schedule IV controlled substances, to include desalkylflurazepam and diclazepam to the Schedule IV depressants. Adds designer benzodiazepines, as defined, to the depressants included in the Schedule. Specifies that the isomers of fenfluramine include optical, positional, or geometric isomers.
Amends GS 90-95(d)(2) to make possession of fentanyl or carfentanil or any salt, isomer, compound, or derivative thereof, or the chemical equivalent, a Class I felony.
Amends GS 90-95(h)(3), to include the distinction of optical or geometric isomers of cocaine in the felony offense of trafficking cocaine.
Applies to offenses committed on or after December 1, 2021.