NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 193

HOUSE BILL 147

 

 

AN ACT TO AMEND THE UNIFORM NARCOTIC DRUG ACT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Section (1)(d) of G.S. 90-87, as it appears in Volume 2C, 1965 Replacement, of the General Statutes of North Carolina, is hereby amended by striking out the words "Peyote or" immediately preceding the word "marihuana" in line 9 and by capitalizing the word "marihuana" in said Section.

Sec. 2.  Section (9) of G.S. 90-87, as it appears in Volume 2C, 1965 Replacement, of the General Statutes of North Carolina, is amended by rewriting said Section so that the same shall hereafter read as follows:

"(9)      'Narcotic drugs' means coco leaves, opium, cannabis, peyote, mescaline, psilocybe mexicana, psilocybin, lysergic acid diethylamide, or other psychedelic drugs or hallucinogens, or any derivatives of any of these which possess hallucinagenic properties, and every other substance neither chemically nor physically distinguishable from them; and other drugs to which the federal narcotic laws may now apply; and any drug found by the State Board of Health, after reasonable notice and opportunity for hearing to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, from the effective date of determination of such finding by said State Board of Health."

Sec. 3.  G.S. 90-98, as it appears in Volume 2C, 1965 Replacement, of the General Statutes of North Carolina, is amended by rewriting said Section so that the same shall hereafter read as follows:

"§ 90-98.  Records of Drugs Dispensed; Records of Manufacturers and Wholesalers; Records of Pharmacists; Written Orders Unnecessary for Certain Drugs; Invoices Rendered with Sales. Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed as a sufficient compliance with this Section if any such person using small quantities or solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solutions or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients.

"Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of this Section.

"Pharmacists and pharmacy owners shall keep records of all narcotics drugs received and disposed of by them, in accordance with the provisions of this Article.

"The keeping of a record required by or under the federal narcotic law shall constitute the only record required to be kept by every person who purchases for resale or who sells narcotic drug preparations exempted.

"Written orders shall not be required for the sale of cannabis indica, cannabis sativa, peyote, marihuana, mescaline, psilocybe mexicana, psilocybin, and lysergic acid diethylamide, and the provisions of the Article in respect to written orders and records shall not apply to cannabis indica, cannabis sativa, peyote, marihuana, mescaline, psilocybe mexicana, psilocybin, and lysergic acid diethylamide, but manufacturers and wholesalers of cannabis indica, cannabis sativa, peyote, marihuana, mescaline, psilocybe mexicana, psilocybin, and lysergic acid diethylamide, shall be required to render with every sale of cannabis indica, cannabis sativa, peyote, marihuana, mescaline, psilocybe mexicana, psilocybin, and lysergic acid diethylamide, an invoice, whether such ssile be for cash or on credit; and such invoice shall contain the date of such sale, the name and address of the purchaser, and the amount of cannabis indica, cannabis sativa, peyote, marihuana, mescaline, psilocybe mexicana, psilocybin, and lysergic acid diethylamide so sold.

"Every purchaser of cannabis indica, cannabis sativa, peyote, marihuana, mescaline, psilocybe mexicana, psilosybin, and lysergic acid diethylamide from a wholesaler or manufacturer shall be required to keep the invoice rendered with such purchase for a period of two years."

Sec. 4.  Section (b) of G.S. 90-111.2, as it appears in Volume 2C, 1965 Supplement, of the General Statutes of North Carolina, is amended by striking out the words "of violations of this Article" immediately following the word "investigations" of line 8 and by adding a period after the word "investigations".

Sec. 5.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 14th day of April, 1967.