S.L. 2015-162

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2015-162

HOUSE BILL 341

AN ACT to add "NBOME" compounds and other substances to the controlled Substances schedules.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 90‑89 reads as rewritten:

"§ 90‑89. Schedule I controlled substances.

This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a high potential for abuse, no currently accepted medical use in the United States, or a lack of accepted safety for use in treatment under medical supervision. The following controlled substances are included in this schedule:

(1) Any of the following opiates, including the isomers, esters, ethers, salts and salts of isomers, esters, and ethers, unless specifically excepted, or listed in another schedule, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

…

eee. Acetyl Fentanyl.

…

(3) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, unless specifically excepted, or listed in another schedule, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

…

ff. Methoxetamine (other names: MXE, 3‑MeO‑2‑Oxo‑PCE).

…

(6) NBOMe Compounds. – Any material compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation unless specifically excepted or unless listed in another schedule:

a. 25B‑NBOMe (2C‑B‑NBOMe) – 2‑(4‑Bromo‑2,5‑dimethoxyphenyl)‑N‑(2‑methoxybenzyl)ethanamine.

b. 25C‑NBOMe (2C‑C‑NBOMe) – 2‑(4‑Chloro‑2,5‑dimethoxyphenyl)‑N‑(2‑methoxybenzyl)ethanamine.

c. 25D‑NBOMe (2C‑D‑NBOMe) – 2‑(2,5‑dimethoxy‑4‑methylphenyl)‑N‑(2‑methoxybenzyl)ethanamine.

d 25E‑NBOMe (2C‑E‑NBOMe) – 2‑(4‑Ethyl‑2,5‑dimethoxyphenyl)‑N‑(2‑methoxybenzyl)ethanamine.

e. 25G‑NBOMe (2C‑G‑NBOMe) – 2‑(2,5‑dimethoxy‑3,4‑dimethylphenyl)‑N‑(2‑methoxybenzyl)ethanamine.

f. 25H‑NBOMe (2C‑H‑NBOMe) – 2‑(2,5‑dimethoxyphenyl)‑N‑(2‑methoxybenzyl)ethanamine.

g. 25I‑NBOMe (2C‑I‑NBOMe) – 2‑(4‑Iodo‑2,5‑dimethoxyphenyl)‑N‑(2‑methoxybenzyl)ethanamine.

h. 25N‑NBOMe (2C‑N‑NBOMe) – 2‑(2,5‑dimethoxy‑4‑nitrophenyl)‑N‑(2‑methoxybenzyl)ethanamine.

i. 25P‑NBOMe (2C‑P‑NBOMe) – 2‑(4‑Propyl‑2,5‑dimethoxyphenyl)‑N‑(2‑methoxybenzyl)ethanamine.

j. 25T2‑NBOMe (2C‑T2‑NBOMe) – 2,5‑dimethoxy‑N‑[(2‑methoxyphenyl)methyl]‑4‑(methylthio)‑benzeneethanamine.

k. 25T4‑NBOMe (2C‑T4‑NBOMe) – 2,5‑dimethoxy‑N‑[(2‑methoxyphenyl)methyl]‑4‑[(1‑methylethyl)thio]‑benzeneethanamine.

l. 25T7‑NBOMe (2C‑T7‑NBOMe) – 2,5‑dimethoxy‑N‑[(2‑methoxyphenyl)methyl]‑4‑(propylthio)‑benzeneethanamine."

SECTION 2. G.S. 90‑90(3) reads as rewritten:

"(3) 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:

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

b. Phenmetrazine and its salts.

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

d. ~~Methylphenidate.~~Methylphenidate, including its salts, isomers, and salts of its isomers.

e. Phenylacetone. Some trade or other names: Phenyl‑2‑propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.

f. Lisdexamfetamine, including its salts, isomers, and salts of isomers."

SECTION 3. G.S. 90‑94 reads as rewritten:

"§ 90‑94. Schedule VI controlled substances.

This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that such substance comes within this schedule, the Commission shall find: no currently accepted medical use in the United States, or a relatively low potential for abuse in terms of risk to public health and potential to produce psychic or physiological dependence liability based upon present medical knowledge, or a need for further and continuing study to develop scientific evidence of its pharmacological effects.

The following controlled substances are included in this schedule:

(1) Marijuana.

(2) Tetrahydrocannabinols.

(3) Synthetic cannabinoids. – Any quantity of any synthetic chemical compound that (i) is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring substances or (ii) has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is not listed as a controlled substance in Schedule I through V, and is not an FDA‑approved drug. Synthetic cannabinoids include, but are not limited to, the substances listed in sub‑subdivisions a. through j. of this subdivision and any substance that contains any quantity of their salts, isomers (whether optical, positional, or geometric), homologues, and salts of isomers and homologues, unless specifically excepted, whenever the existence of these salts, isomers, homologues, and salts of isomers and homologues is possible within the specific chemical designation. The following substances are examples of synthetic cannabinoids and are not intended to be inclusive of the substances included in this Schedule:

…

j. Tetramethylcyclopropanoylindoles. Any compound containing a 3‑tetramethylcyclopropanoylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, 2‑(4‑morpholinyl)ethyl, 1‑(N‑methyl‑2‑pyrrolidinyl)methyl, 1‑(N‑methyl‑3‑ morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropyl ring to any extent. Some trade name or other names: "XLR‑11".3‑(cyclopropylmethanone) indole or 3‑(cyclobutylmethanone) indole or 3‑(cyclopentylmethanone) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not further substituted on the cyclopropyl, cyclobutyl, or cyclopentyl rings to any extent. Substances in this class include, but are not limited to: UR‑144, fluoro‑UR‑144, XLR‑11, A‑796,260 and A‑834,735.

k. Indole carboxaldehydes. Any compound structurally derived from 1H‑indole‑3‑carboxaldehyde or 1H‑indole‑2‑carboxaldehyde substituted in both of the following ways:

1. At the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, 2‑(4‑morpholinyl)ethyl, 1‑(N‑methyl‑2‑pyrrolidinyl)methyl, 1‑(N‑methyl‑3‑morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group; and

2. At the carbon of the carboxaldehyde by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group.

Whether or not the compound is further modified to any extent in the following ways: (i) substitution to the indole ring to any extent, (ii) substitution to the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group to any extent, (iii) a nitrogen heterocyclic analog of the indole ring, or (iv) anitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl, or cyclopropyl ring. Substances in this class include but are not limited to: AB‑001.

l. Indole carboxamides. Any compound structurally derived from 1H‑indole‑3‑carboxamide or 1H‑indole‑2‑carboxamide substituted in both of the following ways:

2. At the nitrogen of the carboxamide by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group.

Whether or not the compound is further modified to any extent in the following ways: (i) substitution to the indole ring to any extent, (ii) substitution to the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group to any extent, (iii) a nitrogen heterocyclic analog of the indole ring, or (iv) a nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl, or cyclopropyl ring. Substances in this class include, but are not limited to: SDB‑001 and STS‑135.

m. Indole carboxylic acids. Any compound structurally derived from 1H‑indole‑3‑carboxylic acid or 1H‑indole‑2‑carboxylic acid substituted in both of the following ways:

2. At the hydroxyl group of the carboxylic acid by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group.

Whether or not the compound is further modified to any extent in the following ways: (i) substitution to the indole ring to any extent, (ii) substitution to the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group to any extent, (iii) a nitrogen heterocyclic analog of the indole ring, or (iv) a nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl, or cyclopropyl ring. Substances in this class include, but are not limited to: PB‑22 and fluoro‑PB‑22.

n. Indazole carboxaldehydes. Any compound structurally derived from 1H‑indazole‑3‑carboxaldehyde or 1H‑indazole‑2‑carboxaldehyde substituted in both of the following ways:

1. At the nitrogen atom of the indazole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, 2‑(4‑morpholinyl)ethyl, 1‑(N‑methyl‑2‑pyrrolidinyl)methyl, 1‑(N‑methyl‑3‑morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group; and

2. At the carbon of the carboxaldehyde by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group.

Whether or not the compound is further modified to any extent in the following ways: (i) substitution to the indazole ring to any extent, (ii) substitution to the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group to any extent, (iii) a nitrogen heterocyclic analog of the indazole ring, or (iv) a nitrogen heterocyclic analog of the phenyl, benzyl, naphthyl, adamantyl, or cyclopropyl ring.

o. Indazole carboxamides. Any compound structurally derived from 1H‑indazole‑3‑carboxamide or 1H‑indazole‑2‑carboxamide substituted in both of the following ways:

2. At the nitrogen of the carboxamide by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group.

p. Indazole carboxylic acids. Any compound structurally derived from 1H‑indazole‑3‑carboxylic acid or 1H‑indazole‑2‑carboxylic acid substituted in both of the following ways:

2. At the hydroxyl group of the carboxylic acid by a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, or propionaldehyde group.

SECTION 4. This act becomes effective December 1, 2015, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 16^th day of July, 2015.

s/ Daniel J. Forest

President of the Senate

s/ Tim Moore

Speaker of the House of Representatives

s/ Pat McCrory

Governor

Approved 10:30 a.m. this 17^th day of July, 2015