FILED SENATE
Mar 25, 2019
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 352
SESSION 2019 PRINCIPAL CLERK
S D
SENATE BILL DRS15100-MG-63
Short Title: Amend NC Controlled Substances Act. (Public)
Sponsors: Senators McInnis and J. Davis (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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 General Assembly Of North Carolina Session 2019
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 (1a) Fentanyl derivatives. – Any compounds Unless specifically excepted, listed
23 in another schedule, or contained within a pharmaceutical product approved
24 by the United States Food and Drug Administration, any compound
25 structurally derived from
26 N-[1-(2-phenylethyl)-4-piperidinyl]-N-phenylpropanamide (Fentanyl) by any
27 substitution on or replacement of the phenethyl group, any substitution on the
28 piperidine ring, any substitution on or replacement of the propanamide group,
29 any substitution on the anilido phenyl group, or any combination of the above
30 unless specifically excepted or listed in another schedule to include their salts,
31 isomers, and salts of isomers. Fentanyl derivatives include, but are not limited
32 to, the following:
33 …
34 (2) Opium derivatives. – Any of the following opium derivatives, including their
35 salts, isomers, isomers (whether optical, positional, or geometric), and salts of
36 isomers, unless specifically excepted, or listed in another schedule, whenever
37 the existence of such salts, isomers, and salts of isomers is possible within the
38 specific chemical designation:
39 …
40 (3) Hallucinogenic substances. – Any material, compound, mixture, or
41 preparation which contains any quantity of the following hallucinogenic
42 substances, including their salts, isomers, and salts of isomers, unless
43 specifically excepted, or listed in another schedule, whenever the existence of
44 such salts, isomers, isomers (whether optical, positional, or geometric), and
45 salts of isomers is possible within the specific chemical designation:
46 …
47 nn. Substituted Tryptamines. – Any compound, unless specifically
48 excepted, specifically named in this schedule, or listed under a
49 different schedule, structurally derived from
50 2-(1H-indol-3-yl)ethanamine (i.e., tryptamine) by mono- or
51 di-substitution of the amine nitrogen with alkyl or alkenyl groups or
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1 by inclusion of the amino nitrogen atom in a cyclic structure whether
2 or not the compound is further substituted at the alpha position with
3 an alkyl group or whether or not further substituted on the indole ring
4 to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy
5 groups. Substances in this class include, but are not limited to:
6 4-AcO-DiPT (4-acetoxy-N,N-diisopropyltryptamine), 4-HO-MPMI
7 ((R)-3-(N-methylpyrrolidin-2-ylmethyl)-4-hydoxyindole), and DALT
8 (N,N-diallyltryptamine).
9 oo. Substituted Phenylcyclohexylamines. – Any compound, unless
10 specifically excepted or unless listed in another schedule, or contained
11 within a pharmaceutical product approved by the United States Food
12 and Drug Administration, any material, compound, mixture, or
13 preparation containing a phenylcyclohexylamine structure, with or
14 without any substitution on the phenyl ring, any substitution on the
15 cyclohexyl ring, any replacement of the phenyl ring with a thiophenyl
16 or benzothiophenyl ring, with or without substitution on the amine
17 with alkyl, dialkyl, or alkoxy substituents, inclusion of the nitrogen in
18 a cyclic structure, or any combination of the above. Substances in this
19 class include, but are not limited to: BCP (benocyclidine), PCMPA
20 ((phenylcyclohexyl(methoxypropylamine)), and Hydroxy-PCP
21 ((hydroxyphenyl)cyclohexylpiperidine).
22 (4) Systemic depressants. – Any material compound, mixture, or preparation
23 which contains any quantity of the following substances having a depressant
24 effect on the central nervous system, including its salts, isomers, and salts of
25 isomers whenever the existence of such salts, isomers, and salts of isomers is
26 possible within the specific chemical designation, unless specifically excepted
27 or unless listed in another schedule:
28 …
29 g. Designer Benzodiazepines – Unless specifically excepted or listed in
30 another schedule, or contained within a pharmaceutical product
31 approved by the United States Food and Drug Administration, any
32 material, compound, derivative, mixture, or preparation, including its
33 salts, isomers, salts of isomers, halogen analogues, or homologues,
34 whenever the existence of such salts, isomers, or salts of isomers,
35 halogen analogues, or homologues is possible within the specific
36 chemical designation, structurally derived from 1,4-benzodiazepine by
37 substitution at the 5-position with a phenyl ring system (which may be
38 further substituted), whether or not the compound is further modified
39 in any of the following ways:
40 1. By substitution at the 2-position with a ketone;
41 2. By substitution at the 3-position with a hydroxyl group or ester
42 group, which itself may be further substituted;
43 3. By a fused triazole ring at the 1,2-position, which itself may be
44 further substituted;
45 4. By a fused imidazole ring at the 1,2-position, which itself may
46 be further substituted;
47 5. By a fused oxazolidine ring at the 4,5-position, which itself
48 may be further substituted;
49 6. By a fused oxazine ring at the 4,5-position, which itself may
50 be further substituted;
51 7. By substitution at the 7-position with a nitro group;
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1 8. By substitution at the 7-position with a halogen group; or
2 9. By substitution at the 1-position with an alkyl group, which
3 itself may be further substituted.
4 (5) Stimulants. – Unless specifically excepted or unless listed in another schedule,
5 any material, compound, mixture, or preparation that contains any quantity of
6 the following substances having a stimulant effect on the central nervous
7 system, including its salts, isomers, and salts of isomers:
8 …
9 h. 4-methylmethcathinone (also known as mephedrone). For this
10 compound, the term "isomer" includes the optical, positional, or
11 geometric isomer.
12 i. 3,4-Methylenedioxypyrovalerone (also known as MDPV). For this
13 compound, the term "isomer" includes the optical, positional, or
14 geometric isomer.
15 j. Substituted cathinones. A compound, other than bupropion, that is
16 structurally derived from 2-amino-1-phenyl-1-propanone by
17 modification in any of the following ways: (i) by substitution in the
18 phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl,
19 or halide substituents, whether or not further substituted in the phenyl
20 ring by one or more other univalent substituents; (ii) by substitution at
21 the 3-position to any extent; or (iii) by substitution at the nitrogen atom
22 with alkyl, dialkyl, benzyl, or methoxybenzyl groups or by inclusion
23 of the nitrogen atom in a cyclic structure. For the purpose of this
24 paragraph, the term "isomer" includes the optical, positional, or
25 geometric isomer.
26 …
27 (6) NBOMe compounds. – Any material compound, mixture, or preparation
28 which contains any quantity of the following substances, including its salts,
29 isomers, isomers (whether optical, positional, or geometric), and salts of
30 isomers whenever the existence of such salts, isomers, and salts of isomers is
31 possible within the specific chemical designation unless specifically excepted
32 or unless listed in another schedule:
33 …
34 (8) Substituted Phenethylamines. – This includes any compound, unless
35 specifically excepted, specifically named or included in another subset in this
36 schedule, or listed under a different schedule, structurally derived from
37 phenylethan-2-amine by substitution on the phenyl ring in any of the
38 following ways, that is to say, by substitution with a fused methylenedioxy
39 ring, fused furan ring, or fused tetrahydrofuran ring; by substitution with two
40 alkoxy groups; by substitution with one alkoxy and either one fused furan,
41 tetrahydrofuran, or tetrahydropyran ring system; or by substitution with two
42 fused ring systems from any combination of the furan, tetrahydrofuran, or
43 tetrahydropyran ring systems. Whether or not the compound is further
44 modified in any of the following ways, that is to say: (i) by substitution of
45 phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alylthio
46 groups; (ii) by substitution at the 2-position by any alkyl groups; or (iii) by
47 substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl,
48 hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups.
49 Substances in this class include, but are not limited to: 2C-I
50 (4-Iodo-2,5-dimethoxyphenethylamine), APDB
51 ((2-aminopropyl)-2,3-dihydrobenzofuran), MBDB
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1 (3,4-methylenedioxy-N-methylbutanamine), and 2C-I-NBOH
2 (N-(2-hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine).
3 (9) N-Benzyl Phenethylamines. – Unless specifically excepted or listed in another
4 schedule, or contained within a pharmaceutical product approved by the
5 United States Food and Drug Administration, any material, compound,
6 mixture, or preparation, including its salts, isomers (whether optical,
7 geometric, or positional), esters, or ethers, and salts of isomers, esters, or
8 ethers, whenever the existence of such salts is possible within any of the
9 following specific chemical designations, any compound containing a
10 phenethylamine structure without a beta-keto group, with substitution on the
11 nitrogen atom of the amino group with a benzyl substituent, with or without
12 substitution on the phenyl or benzyl ring to any extent with alkyl, alkoxy, thio,
13 alkylthio, halide, fused alkylenedioxy, fused furan, fused benzofuran, or fused
14 tetrahydropyran substituents, whether or not further substituted on a ring to
15