Bill Summary for S 724 (2013-2014)

Summary date: 

Apr 5 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 724 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE THE MANUFACTURE, POSSESSION, SALE, USE, AND DELIVERY OF CERTAIN IMITATION CONTROLLED SUBSTANCES UNLAWFUL.
Intro. by J. Davis.

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Bill summary

Enacts new GS 90-94.1 prohibiting the manufacture, possession, sale, use, and delivery of certain imitation controlled substances. Defines imitation controlled substance to mean a pill, capsule, tablet, or substance in any form that (1) is not a controlled substance as enumerated in Article 5 of GS Chapter 90 but purports to act like a controlled substance and (2) the chemical structure is a derivative of or substantially similar to the chemical structure of a controlled substance.

Makes it a Class H felony to knowingly manufacture; deliver; sell; import into or export from a state; or possess with intent to sell, deliver, or manufacture an imitation controlled substance.

Subsection (c) makes it a Class 1 misdemeanor to ingest in any way an imitation controlled substance for the purposes of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system or disturbing or distorting of the audio or vision processes. Provides that it is also a Class 1 misdemeanor to use or possess for the purpose of using an imitation controlled substance for the purpose of violating subsection (c).

In addition to all other relevant factors, considerations in determining whether or not a substance qualifies as an "imitation controlled substance" will include comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedical use. Determining a person's intent to manufacture, sell, give, or distribute an imitation controlled substance may be inferred from a demand of money or other property in exchange for the substance, the proposed cost of the substance in relation to its normal market value, change in the composition of the substance, as well as other relevant evidence.

Effective December 1, 2013, and applies to offenses committed on or after that date. Provides that prosecutions for offenses committed prior to the effective date of this act are not abated nor affected by this act and that statutes applicable except for this act remain applicable to those prosecutions.

 

 

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