Bill Summary for H 258 (2023-2024)

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Summary date: 

Mar 1 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 258 (Public) Filed Wednesday, March 1, 2023
AN ACT TO UPDATE THE STATE CONTROLLED SUBSTANCES ACT; TO INCREASE THE FINE IMPOSED ON PERSONS CONVICTED OF TRAFFICKING IN HEROIN, FENTANYL, OR CARFENTANIL; TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON AND TO INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE OF DEATH BY DISTRIBUTION; TO ADD POSSESSION OF LESS THAN ONE GRAM OF ANY CONTROLLED SUBSTANCE TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE; AND TO CREATE THE TASK FORCE ON ENFORCEMENT OF FENTANYL AND HEROIN DRUG VIOLATIONS.
Intro. by Blackwell, Arp, Lambeth, Sasser.

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Bill summary

Expands the definition of opiates under GS 90-89 (listing Schedule I controlled substances) to include 45 additional chemical designations. Amends GS 90-89(1a) to change the alternative names for certain fentanyl derivatives. Amends GS 90-89 to enact new subdivision GS 90-89(1b) to include Nitazene derivatives as a Schedule I controlled substance including any of the specified derivatives, their salts, isomers, or salts of isomers unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical  supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from benzimidazole by substitution at the 1-position nitrogen with an ethylamine group, and by substitution at the 2-position carbon with a benzyl group, whether or not the compound is further modified in any of specified ways. 

Revises GS 90-89(3)v (pertaining to Schedule I hallucinogenic substances) to read “bromo-2, 5-dimethoxyamphetamine” (currently, 4-bromo-2, 5-dimethoxyamphetamine) and GS 90-89(3)(mm) to read “5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT)” (currently, 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT)).

Expands scope of substituted cathinones as Schedule I substance under GS 90-89(5)j to include cycloalkyl.   

Amends GS 90-89(7) (synthetic cannabinoids) to conform to statutory list. Amends GS 90-89(7)(n), synthetic cannabinoids, to add four additional groups and GS 90-89(7)(o) to delete reference to APINCACA as a substance included in the definition. 

Amends GS 90-90(2)h1 (pertaining to Schedule II controlled substances that are opioids/opiates) to read as follows: fentanyl immediate precursor chemical 4-anilino-N-phenethylpiperdine (ANPP). (Currently, Fentanyl immediate precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP)). Amends GS 90-91(k)11 (Schedule III controlled substances that are anabolic steroids) to change listing to Dehydrochloromethyltestosterone (currently, Dehydrochlormethyltestosterone) and GS 90-91(k)16 to Mesterolone (currently, Mesterolene).