SL 2017-115 (HB 464)

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

SESSION LAW 2017-115

HOUSE BILL 464

AN ACT revising the schedule of controlled substances to add synthetic fentanyls, designer hallucinogenics, synthetic CANNABINOIDS, SYSTEM DEPRESSANTS, AND OTHER SUBSTANCES AND MAKING CONFORMING CHANGES; AND CREATING THE TASK FORCE ON SENTENCING REFORMS FOR OPIOID DRUG CONVICTIONS.

The General Assembly of North Carolina enacts:

SECTION 1. This act shall be known and may be cited as the "Synthetic Opioid and Other Dangerous Drug Control Act."

SECTION 2. G.S. 90‑87 reads as rewritten:

"§ 90‑87. Definitions.

As used in this Article:

…

(14a) The term "isomer" means, except as used in G.S. 90‑87(17)(d), G.S. 90‑89(c), G.S. 90‑90(1)d., and G.S. 90‑95(h)(3), the optical isomer. As used in G.S. 90‑89(c) the term "isomer" means the optical, position, or geometric isomer. As used in G.S. 90‑87(17)(d), G.S. 90‑90(1)d., and G.S. 90‑95(h)(3) the term "isomer" means the optical isomer or diastereoisomer.means any type of isomer, including structural, geometric, or optical isomers, and stereoisomers.

…

(17) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

a. ~~Opium and opiate,~~Opium, opiate and opioid, and any salt, compound, derivative, or preparation of ~~opium or opiate.~~opium, opiate, or opioid.

b. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause a, but not including the isoquinoline alkaloids of opium.

c. Opium poppy and poppy straw.

d. Cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocanized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

(18) "Opiate" means any substance having an addiction‑forming or addiction‑sustaining liability similar to morphine or being capable of conversion into a drug having addiction‑forming or addiction‑sustaining liability. It does not include, unless specifically designated as controlled under G.S. 90‑88, the dextrorotatory isomer of 3‑methoxy‑n‑methyl‑morphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

(18a) "Opioid" means any synthetic narcotic drug having opiate‑like activities but is not derived from opium.

…."

SECTION 3. 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) Opiates. – Any of the following ~~opiates,~~ opiates or opioids, 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:

a. Acetyl‑alpha‑methylfentanyl (N[1‑(1‑methyl‑2‑phenethyl)‑4/y‑piperidinyl]‑N‑phenylacet amide).

b. Acetylmethadol.

c. Repealed by Session Laws 1987, c. 412, s. 2.

d. Alpha‑methylthiofentanyl (N‑[1‑methyl‑2‑(2‑thienyl)ethyl/y‑4/y‑piperidinyl]‑N‑phenylpropanamide).

e. Allylprodine.

f. ~~Alphacetylmethadol.~~Alphacetylmethadol (except levo‑alphacetylmethadol, also known as levomethadyl acetate and LAAM).

g. Alphameprodine.

h. Alphamethadol.

i. Alpha‑methylfentanyl (N‑(1‑(alpha‑methyl‑beta‑phenyl) ethyl‑4‑piperidyl) propionalilide; 1(1‑methyl‑2‑phenyl‑ethyl)‑4‑(N‑propanilido) piperidine).

j. Benzethidine.

k. Betacetylmethadol.

l. Beta‑hydroxfentanyl (N‑[1‑(2‑hydroxy‑2‑phenethyl)‑4‑piperidinyl]‑N‑phenylpropanamide).

m. Beta‑hydroxy‑3‑methylfentanyl (N‑[1‑(2‑hydroxy‑2‑phenethyl)‑3‑methyl‑4‑piperidinyl]‑N‑pheny lpropanamide).

n. Betameprodine.

o. Betamethadol.

p. Betaprodine.

q. Clonitazene.

r. Dextromoramide.

s. Diampromide.

t. Diethylthiambutene.

u. Difenoxin.

v. Dimenoxadol.

w. Dimepheptanol.

x. Dimethylthiambutene.

y. Dioxaphetyl butyrate.

z. Dipipanone.

aa. Ethylmethylthiambutene.

bb. Etonitazene.

cc. Etoxeridine.

dd. Furethidine.

ee. Hydroxypethidine.

ff. Ketobemidone.

gg. Levomoramide.

hh. Levophenacylmorphan.

ii. 1‑methyl‑4‑phenyl‑4‑propionoxypiperidine (MPPP).

jj. 3‑Methylfentanyl (N‑[3‑methyl‑1‑(2‑Phenylethyl)‑4‑Pi‑ peridyl]‑N‑Phenylpropanamide).

kk. 3‑Methylthiofentanyl (N‑[(3‑methyl‑1‑(2‑thienyl)ethyl/y‑4‑piperidinyl]‑N‑phenylpropanamide).

ll. Morpheridine.

mm. Noracymethadol.

nn. Norlevorphanol.

oo. Normethadone.

pp. Norpipanone.

qq. Para‑fluorofentanyl (N‑(4‑fluorophenyl)‑N‑[1‑(2‑phen‑ethyl)‑4‑piperidinyl]‑propanamide.

rr. Phenadoxone.

ss. Phenampromide.

tt. 1‑(2‑phenethyl)‑4‑phenyl‑4‑acetoxypiperidine (PEPAP).

uu. Phenomorphan.

vv. Phenoperidine.

ww. Piritramide.

xx. Proheptazine.

yy. Properidine.

zz. Propiram.

aaa. Racemoramide.

bbb. Thiofentanyl (N‑phenyl‑N‑[1‑(2‑thienyl)ethyl‑4‑piperidinyl]‑propanamide.

ccc. Tilidine.

ddd. Trimeperidine.

eee. Acetyl Fentanyl.

fff. Trans‑3,4‑dichloro‑N‑(2(dimethylamino)cyclohexyl)‑N‑methyl‑benzamide (U47700).

ggg. 3,4‑dichloro‑N([1(dimethylamino)cyclohexyl]methyl)benzamide; 1‑(3,4‑dichlorobenzamidomethyl)cyclohexyldimethylamine) (also known as AH‑7921).

hhh. 3,4‑dichloro‑N‑([diethylamino)cyclohexyl]‑N‑methylbenzamide (also known as U‑49900).

iii. U‑77891.

jjj. 1‑phenylethylpiperidylidene‑2‑(4‑chlorphenyl)sulfonamide; 1‑(4‑nitrophenylethyl)piperidylidene‑2‑(4‑chlorophenyl)sulfonamide; 4‑chloro‑N‑[1‑[2‑(4‑nitrophenyl)ethyl]‑2‑piperidinylidene]‑benzenesulfonamide (also known as W‑18).

kkk. 1‑phenylethylpiperidylidene‑2‑(4‑chlorophenyl)sulfonamide; 4‑chloro‑N‑[1‑(2‑phenylethyl)‑2‑piperidinylidene]‑benzenesulfonamide (also known as W‑15).

lll. 1‑cyclohexyl‑4‑(1,2‑diphenylethyl)piperazine (also known as MT‑45).

(1a) Fentanyl derivatives. – Any compounds structurally derived from N‑[1‑(2‑phenylethyl)‑4‑piperidinyl]‑N‑phenylpropanamide (Fentanyl) by any substitution on or replacement of the phenethyl group, any substitution on the piperidine ring, any substitution on or replacement of the propanamide group, any substitution on the anilido phenyl group, or any combination of the above unless specifically excepted or listed in another schedule to include their salts, isomers, and salts of isomers. Fentanyl derivatives include, but are not limited to, the following:

a. N‑(1‑phenylethylpiperidin‑4‑yl)‑N‑phenylfuran‑2‑carboxamide (also known as Furanyl Fentanyl).

b. N‑(1‑phenethylpiperidin‑4‑yl)‑N‑phenylbutyramide; N‑(1‑phenethylpiperidin‑4‑yl)‑N‑phenylbutanamide (also known as Butyryl Fentanyl).

c. N‑[1‑[2‑hydroxy‑2‑(thiophen‑2‑yl)ethyl]piperidin‑4‑yl]‑N‑phenylpropionamide; N‑[1‑[2‑hydroxy‑2‑(2‑thienyl)ethyl]‑4‑piperidinyl]‑N‑phenylpropanamide (also known as Beta‑Hydroxythiofentanyl).

d. N‑phenyl‑N‑[1‑(2‑phenylethyl)piperidin‑4‑yl]‑2propenamide (also known as Acrylfentanyl).

e. N‑phenyl‑N‑[1‑(2‑phenylethyl)‑4‑piperidinyl]‑pentanamide (also known as Valeryl Fentanyl).

f. N‑(2‑fluorophenyl)‑N‑[1‑(2‑phenylethyl)‑4‑piperidinyl]‑propanamide (also known as 2‑fluorofentanyl).

g. N‑(3‑fluorophenyl)‑N‑[1‑(2‑phenylethyl)‑4‑piperidinyl]‑propanamide (also known as 3‑fluorofentanyl).

h. N‑(1‑phenethylpiperidin‑4‑yl)‑N‑phenyltetrahydrofuran‑2‑carboxamide (also known as tetrahydrofuran fentanyl).

i. N‑(4‑fluorophenyl)‑2‑methyl‑N‑[1‑(2‑phenylethyl)‑4‑piperidinyl]‑propanamide (also known as 4‑fluoroisobutyryl fentanyl, 4‑FIBF).

j. N‑(4‑fluorophenyl)‑N‑[1‑(2‑phenylethyl)‑4‑piperidinyl]‑butanamide (also known as 4‑fluorobutyryl fentanyl, 4‑FBF).

(2) Opium derivatives. – Any of the following opium derivatives, 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:

a. Acetorphine.

b. Acetyldihydrocodeine.

c. Benzylmorphine.

d. Codeine methylbromide.

e. Codeine‑N‑Oxide.

f. Cyprenorphine.

g. Desomorphine.

h. Dihydromorphine.

i. Etorphine (except hydrochloride salt).

j. Heroin.

k. Hydromorphinol.

l. Methyldesorphine.

m. Methyldihydromorphine.

n. Morphine methylbromide.

o. Morphine methylsulfonate.

p. Morphine‑N‑Oxide.

q. Myrophine.

r. Nicocodeine.

s. Nicomorphine.

t. Normorphine.

u. Pholcodine.

v. Thebacon.

w. Drotebanol.

(3) Hallucinogenic substances. – 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:

a. 3, 4‑methylenedioxyamphetamine.

b. 5‑methoxy‑3, 4‑methylenedioxyamphetamine.

c. 3, 4‑Methylenedioxymethamphetamine (MDMA).

d. 3,4‑methylenedioxy‑N‑ethylamphetamine (also known as N‑ethyl‑alpha‑methyl‑3,4‑(methylenedioxy) phenethylamine, N‑ethyl MDA, MDE, and MDEA).

e. N‑hydroxy‑3,4‑methylenedioxyamphetamine (also known as N‑hydroxy/y‑alpha‑methyl‑3,4‑(methylenedioxy) phenethylamine, and N‑hydroxy MDA).

f. 3, 4, 5‑trimethoxyamphetamine.

g. Alpha‑ethyltryptamine. Some trade or other names: etryptamine, Monase, alpha‑ethyl‑1H‑indole‑3‑ethanamine, 3‑(2‑aminobutyl) indole, alpha‑ET, and AET.

h. Bufotenine.

i. Diethyltryptamine.

j. Dimethyltryptamine.

k. 4‑methyl‑2, 5‑dimethoxyamphetamine.

l. Ibogaine.

m. Lysergic acid diethylamide.

n. Mescaline.

o. Peyote, meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seed or extracts.

p. N‑ethyl‑3‑piperidyl benzilate.

q. N‑methyl‑3‑piperidyl benzilate.

r. Psilocybin.

s. Psilocin.

t. 2, 5‑dimethoxyamphetamine.

u. 2, 5‑dimethoxy‑4‑ethylamphetamine. Some trade or other names: DOET.

v. 4‑bromo‑2, 5‑dimethoxyamphetamine.

w. 4‑methoxyamphetamine.

x. Ethylamine analog of phencyclidine. Some trade or other names: N‑ethyl‑1‑phenylcyclohexylamine, (1‑phenylcyclohexyl) ethylamine, N‑(1‑phenylcyclohexyl) ethylamine, cyclohexamine, PCE.

y. Pyrrolidine analog of phencyclidine. Some trade or other names: 1‑(1‑phenylcyclohexyl)‑pyrrolidine, PCPy, PHP.

z. Thiophene analog of phencyclidine. Some trade or other names: 1‑[1‑(2‑thienyl)‑cyclohexyl]‑piperidine, 2‑thienyl analog of phencyclidine, TPCP, TCP.

aa. 1‑[1‑(2‑thienyl)cyclohexyl]pyrrolidine; Some other names: TCPy.

bb. Parahexyl.

cc. 4‑Bromo‑2, 5‑Dimethoxyphenethylamine.

dd. Alpha‑Methyltryptamine.

ee. 5‑Methoxy‑n‑diisopropyltryptamine.

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

gg. BTCP (Benzothiophenylcyclohexylpiperidine).

hh. Deschloroketamine.

jj. 3‑MeO‑PCP (3‑methoxyphencyclidine).

kk. 4‑hydroxy‑MET.

ll. 4‑OH‑MiPT (4‑hydroxy‑N‑methyl‑N‑isopropyltryptamine).

mm. 5‑methoxy‑N‑methyl‑N‑propyltryptamine (5‑MeO‑MiPT).

(4) Systemic depressants. – Any material compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, 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. Mecloqualone.

b. Methaqualone.

c. Gamma hydroxybutyric acid; Some other names: GHB, gamma‑hydroxybutyrate, 4‑hydroxybutyrate, 4‑hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate.

d. Etizolam.

e. Flubromazepam.

f. Phenazepam.

(5) Stimulants. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

a. Aminorex. Some trade or other names: aminoxaphen; 2‑amino‑5‑phenyl‑2‑oxazoline; or 4,5‑dihydro‑5‑phenyl‑2‑oxazolamine.

b. Cathinone. Some trade or other names: 2‑amino‑1‑phenyl‑1‑propanone, alpha‑aminopropiophenone, 2‑aminopropiophenone, and norephedrone.

c. Fenethylline.

d. Methcathinone. Some trade or other names: 2‑(methylamino)‑ propiophenone, alpha‑(methylamino)propiophenone, 2‑(methy‑ lamino)‑1‑phenylpropan‑1‑one, alpha‑N‑methylamino‑ propiophenone, monomethylproprion, ephedrone, N‑methylcathinone, methylcathinone, AL‑464, AL‑422, AL‑463, and UR1432.

e. (+‑)cis‑4‑methylaminorex [(+‑)cis‑4,5‑dihydro‑4‑methyl‑5‑phenyl‑2‑oxazolamine] (also known as 2‑amino‑4‑methyl‑5‑phenyl‑2‑oxazoline).

f. N,N‑dimethylamphetamine. Some other names: N,N,alpha‑tri‑ methylbenzeneethaneamine; N,N,alpha‑trimethylphenethylamine.

g. N‑ethylamphetamine.

h. 4‑methylmethcathinone (also known as mephedrone).

i. 3,4‑Methylenedioxypyrovalerone (also known as MDPV).

j. Substituted cathinones. A compound, other than bupropion, that is structurally derived from 2‑amino‑1‑phenyl‑1‑propanone by modification in any of the following ways: (i) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents; (ii) by substitution at the 3‑position ~~with an alkyl substituent;~~ to any extent; or (iii) by substitution at the nitrogen atom with ~~alkyl or dialkyl~~ alkyl, dialkyl, benzyl, or methoxybenzyl groups or by inclusion of the nitrogen atom in a cyclic structure.

k. N‑Benzylpiperazine.

l. 2,5 – Dimethoxy‑4‑(n)‑propylthiophenethylamine.

(6) ~~NBOMe Compounds. –~~ 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.

(7) 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 Schedules 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 p. 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:

a. Naphthoylindoles. Any compound containing a 3‑(1‑naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, or 2‑(4‑morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Some trade or other names: JWH‑015, JWH‑018, JWH‑019, JWH‑073, JWH‑081, JWH‑122, JWH‑200, JWH‑210, JWH‑398, AM‑2201, and WIN 55‑212.

b. Naphthylmethylindoles. Any compound containing a 1H‑indol‑3‑yl‑(1‑naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, or 2‑(4‑morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

c. Naphthoylpyrroles. Any compound containing a 3‑(1‑naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, or 2‑(4‑morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Another name: JWH‑307.

d. Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3‑position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, or 2‑(4‑morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

e. Phenylacetylindoles. Any compound containing a 3‑phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, or 2‑(4‑morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Some trade or other names: SR‑18, RCS‑8, JWH‑250, and JWH‑203.

f. Cyclohexylphenols. Any compound containing a 2‑(3‑hydroxycyclohexyl)phenol structure with substitution at the 5‑position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, or 2‑(4‑morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. Some trade or other names: CP 47,497 (and homologues), cannabicyclohexanol.

g. Benzoylindoles. Any compound containing a 3‑(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1‑(N‑methyl‑2‑piperidinyl)methyl, or 2‑(4‑morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Some trade or other names: AM‑694, Pravadoline (WIN 48,098), and RCS‑4.

h. 2,3‑Dihydro‑5‑methyl‑3‑(4‑morpholinylmethyl)pyrrolo[1,2,3‑de]‑1, 4‑benzoxazin‑6‑yl]‑1‑napthalenylmethanone. Some trade or other name: WIN 55,212‑2.

i. (6aR,10aR)‑9‑(hydroxymethyl)‑6, 6‑dimethyl‑3‑(2‑methyloctan‑2‑yl) – 6a,7,10,10a‑tetrahydrobenzo[c]chromen‑1‑ol 7370. Some trade or other name: HU‑210.

j. 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 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.

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,

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; 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.

q. Carbazoles. Any compound containing a carbazole ring system with a substituent on the nitrogen atom and bearing an additional substituent at the 1, 2, or 3 position of the carbazole ring system, with a linkage connecting the ring system to the substituent:

1. Where the linkage connecting the carbazole ring system to the substituent if its 1, 2, or 3 position is any of the following: Alkyl, Carbonyl, Ester, Thione, Thioester, Amino, Alkylamino, Amido, or Alkylamido.

2. Where the substituent at the 1, 2, or 3 position of the carbazole ring system, disregarding the linkage, is any of the following groups: Naphthyl, Quinolinyl, Adamantyl, Phenyl, Cycloalkyl (limited to cyclopropyl, cyclobutyl, cyclopentyl, or cyclohexyl), Biphenyl, Alkylamido (limited to ethylamido, propylamido, butanamido, pentamido), Benzyl, Carboxylic acid, Ester, Ether, Phenylpropylamido, or Phenylpropylamino; whether or not further substituted in either of the following ways: (i) the substituent at the 1, 2, or 3 position of the carbazole ring system, disregarding the linkage, is further substituted to any extent (ii) further substitution on the carbazole ring system to any extent. This class includes, but is not limited to, the following: MDMB CHMCZCA, EG‑018, and EG‑2201.

r. Naphthoylnaphthalenes. Any compound structurally derived from naphthalene‑1‑yl‑(naphthalene‑1‑yl) methanone with substitutions on either of the naphthalene rings to any extent. Substances in this class include, but are not limited to: CB‑13."

SECTION 4. G.S. 90‑90 reads as rewritten:

"§ 90‑90. Schedule II 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; currently accepted medical use in the United States, or currently accepted medical use with severe restrictions; and the abuse of the substance may lead to severe psychic or physical dependence. The following controlled substances are included in this schedule:

(1) Any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, unless specifically excepted or unless listed in another schedule:

a. ~~Opium and~~ Opium, opiate, or opioid and any salt, compound, derivative, or preparation of opium and opiate, excluding apomorphine, nalbuphine, dextrorphan, naloxone, naltrexone and nalmefene, and their respective salts, but including the following:

1. Raw opium.

2. Opium extracts.

3. Opium fluid extracts.

4. Powdered opium.

5. Granulated opium.

6. Tincture of opium.

7. Codeine.

8. Ethylmorphine.

9. Etorphine hydrochloride.

10. ~~Hydrocodone.~~Any material, compound, mixture, or preparation which contains any quantity of hydrocodone.

11. Hydromorphone.

12. Metopon.

13. Morphine.

14. Oxycodone.

15. Oxymorphone.

16. Thebaine.

17. Dihydroetorphine.

b. Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph 1 of this subdivision, except that these substances shall not include the isoquinoline alkaloids of opium.

c. Opium poppy and poppy straw.

d. Cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocanized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine.

e. Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy).

(2) Any of the following ~~opiates,~~ opiates or opioids, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation unless specifically exempted or listed in other schedules:

a. Alfentanil.

b. Alphaprodine.

c. Anileridine.

d. Bezitramide.

e. Carfentanil.

f. Dihydrocodeine.

g. Diphenoxylate.

h. Fentanyl.

i. Isomethadone.

j. Levo‑alphacetylmethadol. Some trade or other names: levo‑alpha‑acetylmethadol, levomethadyl acetate, or LAAM.

k. Levomethorphan.

l. Levorphanol.

m. Metazocine.

n. Methadone.

o. Methadone – Intermediate, 4‑cyano‑2‑dimethylamino‑4, 4/y‑ diphenyl butane.

p. Moramide – Intermediate, 2‑methyl‑3‑morpholino‑1, 1‑diphenyl‑propane‑carboxylic acid.

q. Pethidine.

r. Pethidine – Intermediate – A, 4‑cyano‑1‑methyl‑4/y‑phenylpiperidine.

s. Pethidine – Intermediate – B, ethyl‑4‑phenylpiperidine‑4‑carboxylate.

t. Pethidine – Intermediate – C, 1‑methyl‑4‑phenylpiperidine‑4‑carboxylic acid.

u. Phenazocine.

v. Piminodine.

w. Racemethorphan.

x. Racemorphan.

y. Remifentanil.

z. Sufentanil.

aa. Tapentadol.

…."

SECTION 5. G.S. 90‑91 reads as rewritten:

"§ 90‑91. Schedule III 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 potential for abuse less than the substances listed in Schedules I and II; currently accepted medical use in the United States; and abuse may lead to moderate or low physical dependence or high psychological dependence. The following controlled substances are included in this schedule:

…

(d) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof unless specifically exempted or listed in another schedule:

1. Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium.

2. Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

3. ~~Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit with a four‑fold or greater quantity of an isoquinoline alkaloid of opium.~~

4. ~~Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.~~

5. Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

6. Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

7. Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

8. Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

9. Buprenorphine.

…

(k) Anabolic steroids. The term "anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, including, but not limited to, the following:

1. Methandrostenolone,

2. Stanozolol,

3. Ethylestrenol,

4. Nandrolone phenpropionate,

5. Nandrolone decanoate,

6. Testosterone propionate,

7. Chorionic gonadotropin,

8. Boldenone,

8a. Boldione,

9. Chlorotestosterone (4‑chlorotestosterone),

10. Clostebol,

11. Dehydrochlormethyltestosterone,

11a. Desoxymethyltesterone (17[alpha]‑methyl‑5[alpha]‑androst‑2‑en‑17[beta]‑ol) (also known as madol),

12. Dibydrostestosterone (4‑dihydrotestosterone),

13. Drostanolone,

14. Fluoxymesterone,

15. Formebulone (formebolone),

16. Mesterolene,

17. Methandienone,

18. Methandranone,

19. Methandriol,

19a. Methasterone,

20. Methenolene,

21. Methyltestosterone,

22. Mibolerone,

23. Nandrolene,

24. Norethandrolene,

25. Oxandrolone,

26. Oxymesterone,

27. Oxymetholone,

28. Stanolone,

29. Testolactone,

30. Testosterone,

31. Trenbolone, ~~and~~

31a. 19‑nor‑4,9(10)‑androstadienedione (estra‑4,9(10)‑diene‑3,17‑dione), and

32. Any salt, ester, or isomer of a drug or substance described or listed in this subsection, if that salt, ester, or isomer promotes muscle growth. Except such term does not include (i) an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for such administration or (ii) chorionic gonadotropin when administered by injection for veterinary use by a licensed veterinarian or the veterinarian's designated agent. If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subsection.

…."

SECTION 6. G.S. 90‑92 reads as rewritten:

"§ 90‑92. Schedule IV controlled substances.

(a) 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 low potential for abuse relative to the substances listed in Schedule III of this Article; currently accepted medical use in the United States; and limited physical or pyschological dependence relative to the substances listed in Schedule III of this Article. The following controlled substances are included in this schedule:

(1) Depressants. – Unless specifically excepted or unless listed in another schedule, 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:

a. Alprazolam.

b. Barbital.

c. Bromazepam.

d. Camazepam.

d1. Carisoprodol.

e. Chloral betaine.

f. Chloral hydrate.

g. Chlordiazepoxide.

h. Clobazam.

i. Clonazepam.

j. Clorazepate.

k. Clotiazepam.

l. Cloxazolam.

m. Delorazepam.

n. Diazepam.

n1. Dichloralphenazone.

o. Estazolam.

p. Ethchlorvynol.

q. Ethinamate.

r. Ethyl loflazepate.

s. Fludiazepam.

t. Flunitrazepam.

u. Flurazepam.

u1. Fospropol.

v. Repealed by Session Laws 2000, c. 140, s. 92.2(c).

w. Halazepam.

x. Haloxazolam.

y. Ketazolam.

z. Loprazolam.

aa. Lorazepam.

bb. Lormetazepam.

cc. Mebutamate.

dd. Medazepam.

ee. Meprobamate.

ff. Methohexital.

gg. Methylphenobarbital (mephobarbital).

hh. Midazolam.

ii. Nimetazepam.

jj. Nitrazepam.

kk. Nordiazepam.

ll. Oxazepam.

mm. Oxazolam.

nn. Paraldehyde.

oo. Petrichloral.

pp. Phenobarbital.

qq. Pinazepam.

rr. Prazepam.

ss. Quazepam.

tt. Temazepam.

uu. Tetrazepam.

vv. Triazolam.

ww. Zolpidem.

xx. Zaleplon.

yy. Zopiclone.

…

(5) Narcotic Drugs. – Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

a. Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

b. ~~Buprenorphine.~~

c. Tramadol."

SECTION 7. G.S. 90‑93(a) is amended by adding a new subdivision to read:

"§ 90‑93. Schedule V controlled substances.

(a) 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 low potential for abuse relative to the substances listed in Schedule IV of this Article; currently accepted medical use in the United States; and limited physical or psychological dependence relative to the substances listed in Schedule IV of this Article. The following controlled substances are included in this schedule:

…

(4) Anticonvulsants. – Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

a. Ezogabine.

b. Lacosamide.

c. Brivaracetam.

d. Pregabalin."

SECTION 8. G.S. 90‑94(3) is repealed.

SECTION 9. G.S. 14‑17 reads as rewritten:

"§ 14‑17. Murder in the first and second degree defined; punishment.

…

(b) A murder other than described in subsection (a) of this section or in G.S. 14‑23.2 shall be deemed second degree murder. Any person who commits second degree murder shall be punished as a Class B1 felon, except that a person who commits second degree murder shall be punished as a Class B2 felon in either of the following circumstances:

…

(2) The murder is one that was proximately caused by the unlawful distribution of ~~opium or~~ any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, or opiate, or opioid; cocaine or other substance described in ~~G.S. 90‑90(1)d., or methamphetamine,~~G.S. 90‑90(1)d.; methamphetamine; or a depressant described in G.S. 90‑92(a)(1), and the ingestion of such substance caused the death of the user.

…."

SECTION 10.(a) Creation. – There is established the Task Force on Sentencing Reforms for Opioid Drug Convictions. The Task Force shall have 22 members. The Attorney General, Secretary of Health and Human Services, Secretary of Public Safety, Chief Deputy Secretary of Adult Correction and Juvenile Justice, Director of the Administrative Office of the Courts, and Executive Director of the North Carolina Sentencing and Advisory Commission or their designees shall be ex officio members of the Task Force and shall serve with the same rights and privileges, including voting rights, as other members. Appointments to the Task Force shall be made as follows:

(1) The Speaker of the House of Representatives shall appoint the following members:

a. Two members of the House of Representatives.

b. A sitting or former superior court judge of the General Court of Justice.

c. A sitting or former district court judge of the General Court of Justice.

d. A person who is a substance abuse treatment and recovery professional.

e. A representative from the North Carolina Conference of District Attorneys.

f. A person who is a criminal defense attorney.

g. One member at large.

(2) The President Pro Tempore of the Senate shall appoint the following members:

a. Two members of the Senate.

b. A sitting or former superior court judge of the General Court of Justice.

c. A sitting or former district court judge of the General Court of Justice.

d. A person who is a substance abuse and recovery professional.

e. A representative from the North Carolina of District Attorneys.

f. A person who is a criminal defense attorney.

g. One member at large.

SECTION 10.(b) Study. – The purpose of the Task Force shall be to study and review cases of inmates who are incarcerated solely for convictions of opioid drug offenses that require active sentences under structured sentencing; to consider how to identify inmates who would be able to successfully reintegrate into society; and to develop and consider options for modifying existing statutes. Specifically, the Task Force shall do all of the following:

(1) Study the advisability of reducing sentences imposed under structured sentencing for opioid drug convictions based on the case facts and records of incarcerated inmates.

(2) Study the potential cost‑savings and fiscal impact of an early release process for inmates convicted of opioid drug offenses.

(3) Identify and consider sentencing options that will help restore the ability of judges to use judgment, logic, and facts when imposing a sentence for a conviction of an opioid drug offense.

(4) Consider whether the mandatory sentences imposed under structured sentencing for convictions of opioid drug offenses serve as a deterrent.

(5) Consider options such as reclassifying opioid drug offenses, allowing courts to divert convicted offenders into treatment programs in lieu of imposing a sentence of active time in prison, increasing weight thresholds for trafficking in opioids or changing how quantities are measured, aligning minimum mandatory sentence lengths with those for most other drug offenses.

(6) Consider establishing a "pardon and parole board" that may recommend pardons and paroles for inmates convicted of opioid drug offenses.

(7) Consider any other options the Task Force deems relevant to this study.

SECTION 10.(c) Cochairs; Quorum; Vacancies. – The Speaker of the House of Representatives shall designate one representative to serve as cochair, and the President Pro Tempore of the Senate shall designate one senator to serve as cochair. A majority of the Task Force shall constitute a quorum for the transaction of its business. A vacancy on the Task Force shall be filled by the original appointing authority using the criteria set out in this act for the original appointment.

SECTION 10.(d) Per Diem, Travel, and Expenses. – Members of the Task Force shall receive per diem and necessary travel and subsistence expenses in accordance with G.S. 120‑3.1, 138‑5, and 138‑6, as applicable.

SECTION 10.(e) Powers. – The Task Force, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Task Force may meet at any time upon the call of the chair. The Committee may meet in the Legislative Building or in the Legislative Office Building.

SECTION 10.(f) Staffing. – The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Task Force in its work. The Directors of Legislative Assistants of the Senate and of the House of Representatives shall assign clerical staff to the Task Force and the expenses relating to the clerical employees shall be borne by the Task Force.

SECTION 10.(g) Report. – The Task Force shall submit an interim report to the 2017 General Assembly when it reconvenes in 2018. The Task Force shall submit a final report, including findings and legislative recommendations, to the 2019 General Assembly. The Task Force shall terminate upon filing its final report.

SECTION 11. G.S. 90‑95 reads as rewritten:

"§ 90‑95. Violations; penalties.

…

(b) Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90‑95(a)(1) with respect to:

(1) A controlled substance classified in Schedule I or II shall be punished as a Class H felon, except as follows: (i) the sale of a controlled substance classified in Schedule I or II shall be punished as a Class G felony, and (ii) the manufacture of methamphetamine shall be punished as provided by subdivision (1a) of this subsection.

(1a) The manufacture of methamphetamine shall be punished as a Class C felony unless the offense was one of the following: packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container. The offense of packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container shall be punished as a Class H felony.

(2) A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class I felon, except that the sale of a controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class H felon. The transfer of less than 5 grams of marijuana ~~or less than 2.5 grams of a synthetic cannabinoid or any mixture containing such substance~~ for no remuneration shall not constitute a delivery in violation of G.S. 90‑95(a)(1).

…

(d) Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90‑95(a)(3) with respect to:

…

(4) A controlled substance classified in Schedule VI shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation. If the quantity of the controlled substance exceeds one‑half of an ounce (avoirdupois) of marijuana ~~7 grams of a synthetic cannabinoid or any mixture containing such substance,~~ or one‑twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor. If the quantity of the controlled substance exceeds one and one‑half ounces (avoirdupois) of marijuana, ~~21 grams of a synthetic cannabinoid or any mixture containing such substance,~~ or three‑twentieths of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class I felony.

…."

SECTION 12. Sections 1‑9 and 11 of this act become effective December 1, 2017, and apply to offenses committed on or after that date. The remainder of this act becomes effective when it becomes law.

In the General Assembly read three times and ratified this the 28^th day of June, 2017.

s/ Daniel J. Forest

President of the Senate

s/ David R. Lewis

Presiding Officer of the House of Representatives

s/ Roy Cooper

Governor

Approved 9:06 a.m. this 18^th day of July, 2017