STUDY DRUG LAWS/ELLISON V. TREADWAY (NEW).

View NCGA Bill Details2013-2014 Session
House Bill 888 (Public) Filed Thursday, April 11, 2013
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ISSUES RELATED TO THE POSSESSION OF CERTAIN PRESCRIPTION DRUGS AND THE CRIMINAL PENALTY FOR THAT OFFENSE.
Intro. by Glazier.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (May 15 2013)

SOG comments (1):

Long title change

House committee substitute to the first edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT POSSESSION OF CERTAIN PRESCRIPTION DRUGS IS NOT PUNISHABLE AS TRAFFICKING IN OPIUM OR HEROIN AND TO SET OUT THE CRIMINAL PENALTY FOR THAT OFFENSE.

H 888

Bill Summaries:

  • Summary date: May 14 2013 - More information

    House committee substitute to the 1st edition makes the following changes. Deletes the provisions of the 1st edition and replaces it with the following. Authorizes the Legislative Research Commission to study the illegal sale, delivery, transportation, or possession of pills, tablets, or capsules of a controlled substance that contains an opiate combined with an uncontrolled substance and that is a commercial drug with FDA approval distributed by a lawful company. Requires a report to the General Assembly by March 1, 2014. Requires the study to determine the appropriate criminal penalty. Specifies membership of the study committee. Updates the act's titles.


  • Summary date: Apr 16 2013 - More information

    Amends GS 90-95(h) adding a new subdivision (4c) to govern the illegal sale, delivery, transportation, or possession of an FDA approved prescription drugconsisting ofa controlled substance containing an opiate combined with a noncontrolled substance. Provides that prescription drugs meeting this criteria aregoverned by new subdivision (4c) and by GS 90-95(b) and (d) and are not governed by GS 90-95(h)(4). Makes a conforming change to GS 90-95(h)(4). Provides that a personwho sells, delivers, or possessesless than 200 pills, tablets, or capsules of a controlled substance as described in this subdivision is not guilty of trafficking in pharmaceuticals but may be punishedunder GS 90-95(b) and (d). Provides that a person who sells, delivers, or possesses 200 or more pills, tablets, or capsules as described in this subdivision is guilty ofthe felony of trafficking in pharmaceuticals. Setsout felony classifications, sentences, and fines based on the number of pills, tablets, or capsules possessed that equal or exceed 200. Effective December 1, 2013, and applies to offenses committed on or after that date.


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