Bill Summary for H 437 (2025-2026)

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Summary date: 

Mar 18 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 437 (Public) Filed Tuesday, March 18, 2025
AN ACT TO ESTABLISH DRUG-FREE HOMELESS SERVICE ZONES AND INCREASE THE PUNISHMENT IMPOSED FOR COMMITTING CERTAIN DRUG OFFENSES IN A DRUG-FREE HOMELESS SERVICE ZONE.
Intro. by Rhyne, Chesser, Pickett.

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Bill summary

Titles the act the Drug-Free Homeless Service Zones Act. Amends GS 90-95 (violations under the Controlled Substances Act) as follows. Defines facility-based service as any (1) emergency or temporary shelter, transitional housing provider, or permanent supportive housing entity that receives local, State, or federal funds for the purpose of providing shelter to homeless persons or (2) other entity or facility that receives local, State, or federal funds and primarily provides treatment, preventive care, or other services to homeless persons. Defines drug-free homeless zone to mean the area within 300 feet of a facility-based service or its accompanying grounds. Also defines operator to mean the listed individuals that is the recipient of local, State, or federal funds to use for the provision of facility-based services.

Establishes the following offenses punishable as follows:

  • A Class E felony when any person 21 years of age or older commits an offense under GS 90-95(a)(1) (preventing manufacture, sale or delivery, or possession with intent to do so, of a controlled substance) in a drug-free homeless service zone.
  • A Class 1 misdemeanor when an operator of a facility-based service intentionally allows a person to commit an offense under GS 90-95(a)(1).

Exempts the transfer of less than 5 grams of marijuana for no renumeration from constituting delivery under GS 90-95(a)(1) for purposes of the offenses listed above. Provides for signage as described. 

Applies to offenses committed on or after December 1, 2025.