REVISE SCHEDULE OF CONTROLLED SUBSTANCES.

View NCGA Bill Details2017-2018 Session
House Bill 464 (Public) Filed Thursday, March 23, 2017
AN ACT REVISING THE SCHEDULE OF CONTROLLED SUBSTANCES TO ADD SYNTHETIC FENTANYLS, DESIGNER HALLUCINOGENICS, SYNTHETIC CANNABINOIDS, SYSTEM DEPRESSANTS, AND OTHER SUBSTANCES AND MAKING CONFORMING CHANGES; AND CREATING THE TASK FORCE ON SENTENCING REFORMS FOR OPIOID DRUG CONVICTIONS.
Intro. by Horn, Murphy, Malone.

Status: Ch. SL 2017-115 (House Action) (Jul 18 2017)

SOG comments (2):

Long Title Change

Senate committee substitute to the 3rd edition makes changes to the long title. The original title is as follows:

AN ACT REVISING THE SCHEDULE OF CONTROLLED SUBSTANCES TO ADD SYNTHETIC FENTANYLS, DESIGNER HALLUCINOGENICS, SYNTHETIC CANNABINOIDS, SYSTEM DEPRESSANTS, AND OTHER SUBSTANCES.

Change long title

Senate amendment #2 to 4th edition changed long title.  Long title was AN ACT REVISING THE SCHEDULE OF CONTROLLED SUBSTANCES TO ADD SYNTHETIC FENTANYLS, DESIGNER HALLUCINOGENICS, SYNTHETIC CANNABINOIDS, SYSTEM DEPRESSANTS, AND OTHER SUBSTANCES AND MAKING CONFORMING CHANGES.

Bill History:

H 464/S.L. 2017-115

Bill Summaries:

  • Summary date: Jul 18 2017 - More information

    AN ACT REVISING THE SCHEDULE OF CONTROLLED SUBSTANCES TO ADD SYNTHETIC FENTANYLS, DESIGNER HALLUCINOGENICS, SYNTHETIC CANNABINOIDS, SYSTEM DEPRESSANTS, AND OTHER SUBSTANCES AND MAKING CONFORMING CHANGES; AND CREATING THE TASK FORCE ON SENTENCING REFORMS FOR OPIOID DRUG CONVICTIONS. Enacted July 18, 2017. Section 10 is effective July 18, 2017. The remainder is effective December 1, 2017.


  • Summary date: Jun 27 2017 - More information

    House Amendment #3 adds the following to House Amendment #2, amending the 4th edition.

    Current law, GS 90-95(a)(3), makes it unlawful to possess a controlled substance. Amends GS 90-95(d)(4), eliminating the provisions that provide: (1) that if the quantity of the controlled substance exceeds 7 grams of a synthetic cannabinoid or any mixture containing that substance, then the violation of GS 90-95(a)(1) is a Class 1 misdemeanor and (2) that if the quantity of the controlled substance exceeds 21 grams of a synthetic cannabinoid or any mixture containing that substance, then the violation of GS 90-95(a)(3) is a Class I felony (appears to be the changes intended by page 1, lines 28 to page 2, line 11 of Amendment #1). Incorporates other changes to GS 90-95 that appear in Amendment #1. Effective December 1, 2017, and applies to offenses committed on or after that date.


  • Summary date: Jun 26 2017 - More information

    Senate amendments make the following changes to the 4th edition.

    Amendment #1 modifies the definition of fentanyl derivatives set out in proposed GS 90-89(1a), defining the term to mean any compounds structurally derived as previously specified (previously, any compounds derived as previously specified). 

    Current law, GS 90-95(a)(1), makes it unlawful to manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance. Amends GS 90-95(b)(2), by eliminating the existing provision that provides that the transfer of less than 2.5 grams of a synthetic cannabinoid or any mixture containing that substance for no renumeration does not constitute a delivery in violation of GS 90-95(a)(1). Amends GS 90-95(b)(4), by eliminating the provisions that provide: (1) that if the quantity of the controlled substance exceeds 7 grams of a synthetic cannabinoid or any mixture containing that substance, then the violation of GS 90-95(a)(1) is a Class 1 misdemeanor and (2) that if the quantity of the controlled substance exceeds 21 grams of a synthetic cannabinoid or any mixture containing that substance, then the violation of GS 90-95(a)(1) is a Class I felony.

    Makes conforming organizational changes.

    Amendment #2 creates the Task Force on Sentencing Reforms for Opioid Drug Convictions (Task Force), consisting of 22 members. Details the membership of the Task Force, including ex officio members that serve with the same rights and privileges of other members, including voting rights. Specifies the appointment of members by the Speaker and the President Pro Tempore. Provides that the purpose of the Task Force is (1) to study and review cases of inmates who are incarcerated solely for convictions of opioid drug offenses that require active sentences under structured sentencing, (2) to consider how to identify inmates who would be able to successfully reintegrate into society, and (3) to develop and consider options for modifying existing statutes. Further details the duties of the Task Force, including studying potential cost savings and fiscal impact of an early release process for inmates convicted of opioid drug offense. Provides for the designation of cochairs, quorum of the Task Force, and the filling of vacancies. Also provides for member expenses, powers of the Task Force, and meetings of the Task Force. Requires an interim report to the General Assembly in 2018 and a final report in 2019, at which point the Task Force terminates. Effective when the act becomes law.

    Makes conforming changes to the act's long title.


  • Summary date: Jun 20 2017 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Makes an organizational change.

    Amends GS 90-89 (Schedule I controlled substances). Adds two more examples of synthetic cannabinoids, and six opioids, all considered to be Schedule I controlled substances.

    Amends GS 14-17 (Murder in the first and second degree defined; punishment). Amends the circumstances when a person who commits second degree murder shall be punished as a Class B2 felon, to include murder proximately caused by the unlawful distribution and ingestion of controlled substances including opiums, opiates, opioids (was, opium), synthetic or natural salt, compounds, derivatives, or preparations thereof, or depressants described in GS 90-92(a)(1), or other currently listed substances.

    Makes conforming changes to the long title.


  • Summary date: Apr 19 2017 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends GS 90-87 (Definitions). Amends definitions of isomer and narcotic drugs, and defines opioid.

    Amends GS 90-89 (Schedule I controlled substances). Includes opioids within the description of opiates under subsection (1), and amends the description of alphacetylmethadol to exclude levo-alphacetylmethadol. Adds Phenazepam to the list of controlled systemic depressants. Amends the description of controlled stimulants structurally derived from 2-amino-1-phenyl-1-propane.

    Amends GS 90-90 (Schedule II controlled substances). Includes opioids within the description of opiates.

    Amends GS 90-92 (Schedule IV controlled substances). Moves Tramadol from the list of controlled depressants to the list of controlled narcotic drugs.

    Amends GS 90-93 (Schedule V controlled substances). Adds two substances, Brivaracetam and Pregabalin, to the list of controlled anticonvulsants.

    Makes technical changes.


  • Summary date: Apr 5 2017 - More information

    House committee substitute makes the following changes to the 1st edition. Amends GS 90-93(a) to refer to the listed types of substances as anticonvulsants instead of as depressants.


  • Summary date: Mar 23 2017 - More information

    Identical to S 347, filed 3/21/17.

    Amends GS 90-89 to add a specified opiate,10 Fentanyl derivatives, six hallucinogenic substances, two systemic depressants, and synthetic Cannabinoids, including 16 examples, to the list of Schedule I controlled substances, and to make technical changes.

    Amends GS 90-90 to add any material, compound, mixture, or preparation containing any quantity of hydrocodone to the list of Schedule II controlled substances.

    Amends GS 90-91 to add one narcotic and four anabolic steroids to the list of Schedule III controlled substances. Removes specified amounts of dihydrocodeinone.

    Amends GS 90-92 to add four depressants to the list of Schedule IV controlled substances, and to make a conforming change.

    Amends GS 90-93 to add to Schedule V controlled substances any material, compound, mixture, or preparation containing any quantity of two listed substances, having a stimulant effect on the central nervous system, unless specifically exempted or excluded or listed in another schedule.

    Amends GS 90-94 to make a conforming change.

    Effective December 1, 2017.


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