NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 540

HOUSE BILL 275

 

 

AN ACT TO MAKE CLARIFYING AND TECHNICAL CHANGES IN REGARD TO CONTROLLED SUBSTANCES AND TO REPEAL G.S. 90-113.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Subsection (2) of G.S. 14-401.11(a) is hereby rewritten to read as follows:

"(2)      Any controlled substance included in any schedule of the Controlled Substances Act, or".

Sec. 2.  Subdivision (15) of G.S. 90-87 is hereby rewritten to read as follows:

"(15)    'Manufacture' means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance by any means, whether directly or indirectly, artificially or naturally, or by extraction from substances of a natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis; and 'manufacture' further includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:

a.         By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice, or

b.         By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to research, teaching, or chemical analysis and not for sale."

Sec. 3.  Subsection a. of G.S. 90-87(22) is hereby amended by striking out the words "in the" as they appear immediately after the words "administer a controlled substance" and immediately before the words "course of professional practice" and substituting therefor the words "so long as such activity is within the normal".

Sec. 4.  Subsection b. of G.S. 90-87(22) is hereby amended by striking out the words "in the" as they appear immediately after the words "administer a controlled substance" and immediately before the words "course of professional practice" and substituting therefor the words "so long as such activity is within the normal".

Sec. 5.  Subsection (a) of G.S. 90-91 is hereby repealed and subsections (b) through (i) of G.S. 90-91 are hereby redesignated as (a) through (h), respectively.

Sec. 6.  Subsection (c) of G.S. 90-90 is hereby rewritten to read as follows:

"(c)       Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system unless specifically exempted or listed in another schedule:

1.         Amphetamine, its salts, optical isomers, and salts of its optical isomers.

2.         Phenmetrazine and its salts.

3.         Methamphetamine, including its salts, isomers, and salts of isomers.

4.         Methylphenidate."

Sec. 7.  G.S. 90-113 is hereby repealed, but this repealer does not apply to any violation of G.S. 90-113 committed prior to the effective date of this act.

Sec. 8.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 17th day of May, 1973.