Bill Summary – FastDemocracy

FILED SENATE
                                                                                          Apr 1, 2021
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 448
                                      SESSION 2021           PRINCIPAL CLERK
     S                                                                    D
                              SENATE BILL DRS45227-MG-117B
     Short Title:   Amendments to Schedule VI of the CSA.                                       (Public)
     Sponsors:      Senators Burgin, Krawiec, and Perry (Primary Sponsors).
     Referred to:
 1                                     A BILL TO BE ENTITLED
 2   AN ACT PROVIDING, IN THE ABSENCE OF ANY OBJECTION BY THE COMMISSION
 3        FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE
 4        ABUSE SERVICES, FOR THE AUTOMATIC REMOVAL FROM SCHEDULE VI OF
 5        THE CONTROLLED SUBSTANCES ACT PRESCRIPTION DRUGS APPROVED BY
 6        THE FEDERAL FOOD AND DRUG ADMINISTRATION.
 7   The General Assembly of North Carolina enacts:
 8               SECTION 1. G.S. 90-94 reads as rewritten:
 9   "§ 90-94. Schedule VI controlled substances.
10        (a)    This schedule includes the controlled substances listed or to be listed by whatever
11   official name, common or usual name, chemical name, or trade name designated. In determining
12   that such substance comes within this schedule, the Commission shall find: no currently accepted
13   medical use in the United States, or a relatively low potential for abuse in terms of risk to public
14   health and potential to produce psychic or physiological dependence liability based upon present
15   medical knowledge, or a need for further and continuing study to develop scientific evidence of
16   its pharmacological effects.
17        (b)    The following controlled substances are included in this schedule:
18               (1)    Marijuana.
19               (2)    Tetrahydrocannabinols.
20               (3)    Repealed by Session Laws 2017-115, s. 8, effective December 1, 2017, and
21                      applicable to offenses committed on or after that date.
22        (c)    Notwithstanding the provisions of this section, any prescription drug approved by the
23   federal Food and Drug Administration under Section 505 of the federal Food, Drug, and
24   Cosmetic Act that is designated, rescheduled, or deleted as a controlled substance under federal
25   law by the United States Drug Enforcement Administration shall be excluded from Schedule VI
26   and may be prescribed, distributed, dispensed, and used in accordance with federal law upon the
27   issuance of a notice, final rule, or interim final rule by the United States Drug Enforcement
28   Administration that designates, reschedules, or deletes such prescription drug as a controlled
29   substance under federal law, unless the Commission objects to such action as provided under
30   G.S. 90-88(d). If the Commission does not object as provided under G.S. 90-88(d), the
31   prescription drug shall be deemed to be designated, rescheduled, or deleted as a controlled
32   substance in accordance with federal law and in compliance with this Chapter."
33               SECTION 2. This act is effective when it becomes law and applies to prescription
34   drugs approved by the federal Food and Drug Administration on or after that date.
                                  *DRS45227-MG-117B*
Statutes affected: 
Filed: 90-94
Edition 1: 90-94
Ratified: 90-94
SL 2022-9: 90-94