GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                     1

SENATE BILL 77

 

 

Short Title:        MDPV/Schedule I Controlled Substance.

(Public)

Sponsors:

Senators Bingham;  Allran, Blue, Brown, Brunstetter, Clary, East, Goolsby, Hunt, Jenkins, Jones, Kinnaird, McKissick, Newton, Preston, Purcell, Stevens, and Tucker.

Referred to:

Judiciary II.

February 17, 2011

A BILL TO BE ENTITLED

AN ACT to add MDpv to the list of controlled substances under schedule I which makes the unlawful possession, manufacture, or sale or delivery of MDpv criminal offenses and to create the offense of trafficking in mdpv.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90-89(5) reads as rewritten:

"(5)      Stimulants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

a.         Aminorex. Some trade or other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenly-2-oxazolamine.

b.         Cathinone. Some trade or other names: 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone.

c.         Fenethylline.

d.         Methcathinone. Some trade or other names: 2-(methylamino)propiophenone, alpha-(methylamino)propiophenone, 2-(methylamino)-1-phenylpropan-1-one, alpha-N-methylaminopropiophenone, monomethylproprion, ephedrone, N-methylcathinone, methylcathinone, AL-464, AL-422, AL-463, and UR1432.

e.         (+/-)cis-4-methylaminorex [(+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine]  (also known as 2-amino-4-methyl-5-phenyl-2-oxazoline).

f.          N,N-dimethylamphetamine. Some other names: N,N,alpha-trimethylbenzeneetha neamine; N,N,alpha-trimethylphenethyla mine.

g.         N-ethylamphetamine.

h.         3,4-methylenedioxypryovalerone (also known as MDPV).

SECTION 2.  G.S. 90-95(d)(1) reads as rewritten:

"(d)      Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(3) with respect to:

(1)        A controlled substance classified in Schedule I shall be punished as a Class I felon;felon. However, if the controlled substance is MDPV and the quantity of the MDPV is 1 gram or less, the violation shall be punishable as a Class 1 misdemeanor.

."

SECTION 3.  G.S. 90-95(h) is amended by adding a new subdivision to read:

"(3d)    Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of MDPV or any mixture containing such substance shall be guilty of a felony which felony shall be known as "trafficking in MDPV" and if the quantity of such substance or mixture involved:

a.         Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);

b.         Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 117 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);

c.         Is 400 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 279 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000)."

SECTION 4. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.