FILED SENATE
Mar 18, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 321
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS35131-MG-28A
Short Title: Amend NC Controlled Substances Act. (Public)
Sponsors: Senators McInnis, Lazzara, and Edwards (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT.
3 The General Assembly of North Carolina enacts:
4 SECTION 1. G.S. 90-87 reads as rewritten:
5 "§ 90-87. Definitions.
6 As used in this Article:
7 …
8 (14a) The term "isomer" means any type of isomer, including structural, geometric,
9 or optical isomers, and stereoisomers.the optical isomer, unless otherwise
10 specified.
11 …
12 (17) "Narcotic drug" means any of the following, whether produced directly or
13 indirectly by extraction from substances of vegetable origin, or independently
14 by means of chemical synthesis, or by a combination of extraction and
15 chemical synthesis:
16 a. Opium, opiate and opioid, and any salt, compound, derivative, or
17 preparation of opium, opiate, or opioid.
18 b. Any salt, compound, isomer, derivative, or preparation thereof which
19 is chemically equivalent or identical with any of the substances
20 referred to in clause a, but not including the isoquinoline alkaloids of
21 opium.
22 c. Opium poppy and poppy straw.
23 d. Cocaine and any salt, isomer, isomer (whether optical or geometric),
24 salts of isomers, compound, derivative, or preparation thereof, or coca
25 leaves and any salt, isomer, salts of isomers, compound, derivative or
26 preparation of coca leaves, or any salt, isomer, salts of isomers,
27 compound, derivative, or preparation thereof which is chemically
28 equivalent or identical with any of these substances, except that the
29 substances shall not include decocanized coca leaves or extraction of
30 coca leaves, which extractions do not contain cocaine or ecgonine.
31 …."
32 SECTION 2. G.S. 90-89 reads as rewritten:
33 "§ 90-89. Schedule I controlled substances.
34 This schedule includes the controlled substances listed or to be listed by whatever official
35 name, common or usual name, chemical name, or trade name designated. In determining that a
36 substance comes within this schedule, the Commission shall find: a high potential for abuse, no
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1 currently accepted medical use in the United States, or a lack of accepted safety for use in
2 treatment under medical supervision. The following controlled substances are included in this
3 schedule:
4 (1) Opiates. – Any of the following opiates or opioids, including the isomers,
5 esters, ethers, salts and salts of isomers, esters, and ethers, unless specifically
6 excepted, or listed in another schedule, whenever the existence of such
7 isomers, esters, ethers, and salts is possible within the specific chemical
8 designation:
9 …
10 hh. Levophenacylmorphan. For purposes of this sub-subdivision only, the
11 term "isomer" includes the optical and geometric isomers.
12 …
13 mmm.
14 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-isopropylbenz
15 amide (also known as Isopropyl-U-47700).
16 nnn.
17 2-(3,4-dichlorophenyl)-N-[2-(dimethylamino)cyclohexyl]-N-met
18 hylacetamide (also known as U-51754).
19 ooo.
20 2-(2,4-dichlorophenyl)-N-[2-(dimethylamino)cyclohexyl]-N-met
21 hylacetamide (also known as U-48800).
22 ppp. Isotonitazene.
23 qqq. Metonitazene.
24 rrr. Brorphine.
25 (1a) Fentanyl derivatives. – Any compounds Unless specifically excepted, listed
26 in another schedule, or contained within a pharmaceutical product approved
27 by the United States Food and Drug Administration, any compound
28 structurally derived from
29 N-[1-(2-phenylethyl)-4-piperidinyl]-N-phenylpropanamide (Fentanyl) by any
30 substitution on or replacement of the phenethyl group, any substitution on the
31 piperidine ring, any substitution on or replacement of the propanamide group,
32 any substitution on the anilido phenyl group, or any combination of the above
33 unless specifically excepted or listed in another schedule to include their salts,
34 isomers, and salts of isomers. Fentanyl derivatives include, but are not limited
35 to, the following:
36 …
37 (2) Opium derivatives. – Any of the following opium derivatives, including their
38 salts, isomers, isomers (whether optical, positional, or geometric), and salts of
39 isomers, unless specifically excepted, or listed in another schedule, whenever
40 the existence of such salts, isomers, and salts of isomers is possible within the
41 specific chemical designation:
42 …
43 (3) Hallucinogenic substances. – Any material, compound, mixture, or
44 preparation which contains any quantity of the following hallucinogenic
45 substances, including their salts, isomers, and salts of isomers, unless
46 specifically excepted, or listed in another schedule, whenever the existence of
47 such salts, isomers, isomers (whether optical, positional, or geometric), and
48 salts of isomers is possible within the specific chemical designation:
49 …
50 nn. Substituted tryptamines. – Any compound, unless specifically
51 excepted, specifically named in this schedule, or listed under a
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1 different schedule, structurally derived from
2 2-(1H-indol-3-yl)ethanamine (i.e., tryptamine) by mono- or
3 di-substitution of the amine nitrogen with alkyl or alkenyl groups or
4 by inclusion of the amino nitrogen atom in a cyclic structure whether
5 or not the compound is further substituted at the alpha position with
6 an alkyl group or whether or not further substituted on the indole ring
7 to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy
8 groups. Substances in this class include, but are not limited to:
9 4-AcO-DiPT (4-acetoxy-N,N-diisopropyltryptamine), 4-HO-MPMI
10 ((R)-3-(N-methylpyrrolidin-2-ylmethyl)-4-hydoxyindole), and DALT
11 (N,N-diallyltryptamine).
12 oo. Substituted phenylcyclohexylamines. – Any compound, unless
13 specifically excepted or unless listed in another schedule, or contained
14 within a pharmaceutical product approved by the United States Food
15 and Drug Administration, any material, compound, mixture, or
16 preparation containing a phenylcyclohexylamine structure, with or
17 without any substitution on the phenyl ring, any substitution on the
18 cyclohexyl ring, any replacement of the phenyl ring with a thiophenyl
19 or benzothiophenyl ring, with or without substitution on the amine
20 with alkyl, dialkyl, or alkoxy substituents, inclusion of the nitrogen in
21 a cyclic structure, or any combination of the above. Substances in this
22 class include, but are not limited to: BCP (benocyclidine), PCMPA
23 ((phenylcyclohexyl(methoxypropylamine)), and Hydroxy-PCP
24 ((hydroxyphenyl)cyclohexylpiperidine).
25 (4) Systemic depressants. – Any material compound, mixture, or preparation
26 which contains any quantity of the following substances having a depressant
27 effect on the central nervous system, including its salts, isomers, and salts of
28 isomers whenever the existence of such salts, isomers, and salts of isomers is
29 possible within the specific chemical designation, unless specifically excepted
30 or unless listed in another schedule:
31 …
32 g. Clonazolam.
33 h. Flualprazolam.
34 i. Flubromazolam.
35 (5) Stimulants. – Unless specifically excepted or unless listed in another schedule,
36 any material, compound, mixture, or preparation that contains any quantity of
37 the following substances having a stimulant effect on the central nervous
38 system, including its salts, isomers, and salts of isomers:
39 …
40 h. 4-methylmethcathinone (also known as mephedrone). For this
41 compound, the term "isomer" includes the optical, positional, or
42 geometric isomer.
43 i. 3,4-Methylenedioxypyrovalerone (also known as MDPV). For this
44 compound, the term "isomer" includes the optical, positional, or
45 geometric isomer.
46 j. Substituted cathinones. A compound, other than bupropion, that is
47 structurally derived from 2-amino-1-phenyl-1-propanone by
48 modification in any of the following ways: (i) by substitution in the
49 phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl,
50 or halide substituents, whether or not further substituted in the phenyl
51 ring by one or more other univalent substituents; (ii) by substitution at
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1 the 3-position to any extent; or (iii) by substitution at the nitrogen atom
2 with alkyl, dialkyl, benzyl, or methoxybenzyl groups or by inclusion
3 of the nitrogen atom in a cyclic structure. For the purpose of this
4 paragraph, the term "isomer" includes the optical, positional, or
5 geometric isomer.
6 …
7 (6) NBOMe compounds. – Any material compound, mixture, or preparation
8 which contains any quantity of the following substances, including its salts,
9 isomers, isomers (whether optical, positional, or geometric), and salts of
10 isomers whenever the existence of such salts, isomers, and salts of isomers is
11 possible within the specific chemical designation unless specifically excepted
12 or unless listed in another schedule:
13 …
14 (8) Substituted phenethylamines. – This includes any compound, unless
15 specifically excepted, specifically named or included in another subset in this
16 schedule, or listed under a different schedule, structurally derived from
17 phenylethan-2-amine by substitution on the phenyl ring in any of the
18 following ways, that is to say, by substitution with a fused methylenedioxy
19 ring, fused furan ring, or fused tetrahydrofuran ring; by substitution with two
20 alkoxy groups; by substitution with one alkoxy and either one fused furan,
21 tetrahydrofuran, or tetrahydropyran ring system; or by substitution with two
22 fused ring systems from any combination of the furan, tetrahydrofuran, or
23 tetrahydropyran ring systems. Whether or not the compound is further
24 modified in any of the following ways, that is to say: (i) by substitution of
25 phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alylthio
26 groups, (ii) by substitution at the 2-position by any alkyl groups, or (iii) by
27 substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl,
28 hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups.
29 Substances in this class include, but are not limited to: 2C-I
30 (4-Iodo-2,5-dimethoxyphenethylamine), APDB
31 ((2-aminopropyl)-2,3-dihydrobenzofuran), MBDB
32 (3,4-methylenedioxy-N-methylbutanamine), and 2C-I-NBOH
33 (N-(2-hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine).
34 (9) N-Benzyl phenethylamines. – Unless specifically excepted or listed in another
35 schedule, or contained within a pharmaceutical product approved by the
36 United States Food and Drug Administration, any material, compound,
37 mixture, or preparation, including its salts, isomers (whether optical,
38 geometric, or positional), esters, or ethers, and salts of isomers, esters, or
39 ethers, whenever the existence of such salts is possible within any of the
40 following specific chemical designations, any compound containing a
41 phenethylamine structure without a beta-keto group, with substitution on the
42 nitrogen atom of the amino group with a benzyl substituent, with or without
43 substitution on the phenyl or benzyl ring to any extent with alkyl, alkoxy, thio,
44 alkylthio, halide, fused alkylenedioxy, fused furan, fused benzofuran, or fused
45 tetrahydropyran substituents, whether or not further substituted on a ring to
46 any extent, with or without substitution at the alpha position by any alkyl
47 substituent. Substances in this class include, but are not limited to:
48 25B-NBOH
49 (4-bromo-2,5-dimethoxy-[N-(2-hydroxybenzyl)]phenethylamine), 25I-NBF
50 (4-iodo-2,5-dimethoxy-[N-(2-fluorobenzyl)]phenethylamine), and
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1 25C-NBMD
2 (4-chloro-2,5-dimethoxy-[N-(2,3-methylenedioxybenzyl)]phenethylamine)."
3 SECTION 3. G.S. 90-90(1) reads as rewritten:
4 "(1) Any of the following substances whether produced directly or indirectly by
5 extraction from substances of vegetable origin, or independently by means of
6 chemical synthesis, or by a combination of extraction and chemical synthesis,
7 unless specifically excepted or unless listed in another schedule:
8 …
9 d. Cocaine and any salt, isomer, isomer (whether optical or geometric),
10 salts of isomers, compound, derivative, or preparation thereof, or coca
11 leaves and any salt, isomer, salts of isomers, compound, derivative, or
12 preparation of coca leaves, or any salt, isomer, salts of isomers,
13 compound, derivative, or preparation thereof which is chemically
14 equivalent or identical with any of these substances, except that the
15 substances shall not include decocanized coca leaves or extraction of
16 coca leaves, which extractions do not contain cocaine or ecgonine.
17 …."
18 SECTION 4. G.S. 90-90(2) reads as rewritten:
19 "(2) Any of the following opiates or opioids, including their isomers, esters, ethers,
20