House committee substitute rewrites 1st edition in its entirety and changes the bill title accordingly.
Section 1 states the intent of the General Assembly to continue efforts to regulate the sale of pseudoephedrine products that are used to manufacture methamphetamine.
Section 2 amends Article 5D of GS Chapter 90 to add a new section (GS 90-113.52A) increasing regulation of pseudoephedrine by requiring retail sellers of this product to submit certain information to the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI) prior to completing the sale. Retailers without Internet access are not subject to this reporting requirement, nor does it apply if there is a charge assessed for accessing the system. If the NPLEx generates a stop alert at the time the retailer enters required information into the system, the retailer cannot complete the sale. States that qualified immunity from civil liability for use of the NPLEx system is available absent negligence or wanton, recklessness, or deliberate misconduct. Retailers not able to comply with this reporting requirement due to mechanical or electronic failure are required to record the sale of pseudoephedrine in the record of disposition required under GS 90-113.52. Requires NADDI to provide the State Bureau of Investigation (SBI) with transaction records reported in NPLEx on a weekly basis pursuant to a memorandum of agreement executed between NADDI and the SBI. The NPLEx system is required to have a stop sale alert to notify the retailer during a particular sales transaction if the quantity limits established under GS 90-113.52 have been exceeded. Requires the system to also contain an override function to allow dispensing of the product if there is a reasonable fear of imminent bodily harm if the sale is not completed. Utilization of the override function must be reported in the NPLEx system.
Section 3 amends GS 90-113.56 to add violating the NPLEx reporting requirement to the offenses punishable under that statute.
Section 4 requires the SBI to determine the number of methamphetamine laboratories discovered in this state during each calendar year and to report those findings to the Legislative Commission on Methamphetamine Abuse beginning March 1, 2012, and annually thereafter.
Section 5 directs the Legislative Commission on Methamphetamine Abuse to study the implementation of the legislation and the potential costs of making pseudoephedrine products Schedule III controlled substances. The Commission is authorized to make an interim report to the 2012 regular session and directed to make a final report and recommendations to the 2013 regular session.
Sections 2 and 3 become effective January 1, 2012 (Section 3 applies to all criminal offenses occurring on or after that date) and the remainder of the bill is effective when it becomes law.