GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-249
SENATE BILL 694
AN ACT to provide in the same manner as federal law that a controlled substance analogue shall, to the extent intended for human consumption, be treated as a controlled substance in schedule I of the north carolina controlled substances act.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 90 of the General Statutes is amended by adding the following new section to read:
"§ 90-89.1. Treatment of controlled substance analogues.
A controlled substance analogue shall, to the extent intended for human consumption, be treated for the purposes of any State law as a controlled substance in Schedule I."
SECTION 2. G.S. 90-87 is amended by adding the following new subdivision to read:
"(5a) "Controlled
substance analogue" means a substance (i) the chemical structure of which
is substantially similar to the chemical structure of a controlled substance in
Schedule I or II; (ii) which has a stimulant,
depressant, or hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance
in Schedule I or II; or (iii) with respect to a particular person, which such
person represents or intends to have a
stimulant, depressant, or hallucinogenic effect on the central nervous system
that is substantially similar to or greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance
in Schedule I or II; and does not include (i) a controlled substance; (ii) any
substance for which there is an approved new drug application; (iii) with
respect to a particular person any substance, if an exemption is in effect for
investigational use, for that person, under
§ 355 of Title 21 of the United States Code to the extent conduct with respect
to such substance is pursuant to such exemption; or (iv) any substance to
the extent not intended for human consumption before such an exemption takes
effect with respect to that substance. The designation of gamma
butyrolactone or any other chemical as a listed chemical pursuant to
subdivision 802(34) or 802(35) of Title 21 of the United States Code does not
preclude a finding pursuant to this subdivision that the chemical is a
controlled substance analogue."
SECTION 3. This act becomes effective December 1, 2003, and applies to offenses committed on or after December 1, 2003.
In the General Assembly read three times and ratified this the 16th day of June, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:33 p.m. this 26th day of June, 2003