AN ACT TO CREATE THE OFFENSES OF DEATH BY DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES AND AGGRAVATED DEATH BY DISTRIBUTION OF CERTAIN CONTROLLED SUBSTANCES.
House committee substitute to the 1st edition makes the following changes.
Amends proposed GS 14-18.4 as follows. Adds definition for the term unlawful financial transaction. Amends the requirements to be met for a person to be guilty of death by distribution of certain controlled substances to require that the person unlawfully sells or delivers (was, unlawfully distributed) at least one certain controlled substance to the victim or is part of the chain of unlawful financial transaction of the sale and delivery to the victim (was, the person unlawfully distributed at least one certain controlled substance to the victim only). Makes conforming and technical changes. Makes the same changes to the elements of aggravated death by distribution of certain controlled substances and removes convictions under GS 90-95(e)(5) (any person 18 years of age or over who violates GS 90-95(a)(1) by selling or delivering a controlled substance to a youth in the identified age ranges or to a pregnant woman) from the list of the previous convictions necessary for aggravated death by distribution of certain controlled substances. Makes additional clarifying changes. Adds that the statute does not restrict or interfere with the rights and immunities under GS 90-96.2 (providing limited immunity for drug-related overdose treatment). Adds that the statute does not apply to (1) a practitioner issuing a valid prescription for a controlled substance for a legitimate medical purpose in the usual course of professional practice or (2) a pharmacist dispensing and delivering a valid prescription for a controlled substance in the usual course of professional practice.
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