SB 352 — Amend NC Controlled Substances Act.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 12 SENATE BILL 352 House Committee Substitute Favorable 7/17/19 Short Title:

Senators McInnis and J.

Davis (Primary Sponsors).

Rules and Operations of the Senate March 26, 2019 A BILL TO BE ENTITLED AN ACT REVISING THE NORTH CAROLINA CONTROLLED SUBSTANCES ACT.

… (13a) "Hemp" means the plant Cannabis sativa (L.) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

(13b) "Hemp extract" means an extract from hemp, or a mixture or preparation containing hemp plant material or compounds, within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis.

(13c) "Hemp product" means any product within a delta-9 THC concentration of three-tenths percent (0.3%) on a dry weight basis derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as approved by the United States Food and Drug Administration or the United States Department of Agriculture, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.

"Hemp product" does not include smokable hemp.

… (17)(16) "Narcotic"Marijuana" drug" means anyall parts of the following,plant whether produced directly or indirectly by extraction from substances of vegetablethe origin,genus orCannabis, independentlywhether bygrowing means of chemical synthesis, or bynot; a combination of extraction and chemical synthesis:

the seeds thereof;

the resin extracted from any part of such plant;

and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted *S352-v-2* General Assembly Of North Carolina Session 2019 therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapableofgermination.

Theterm"marijuana"alsoincludessmokablehemp.

The term does not include industrial hemp as defined in G.S.

106-568.51, when the industrial hemp is produced and used in compliance with rules issued bythe North Carolina Industrial Hemp Commission.hemp, when in the possession, custody, or control of a person who holds a license permitting that person to cultivate or handle hemp;

hemp products;

or hemp extracts.

A licensed cultivator or licensed handler may possess raw hemp plant material for the purpose of (i) selling the raw hemp plant material to a licensed handler or a person who may legally receive the raw hemp plant material in that person'sjurisdictionor(ii)processingtherawhempplantmaterialintoahemp product or hemp extract.

(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:

… (25a) "Smokable hemp" means harvested raw or dried hemp plant material, in a form intended to allow THC to be introduced into the human body by inhalation of smoke, including hemp buds or hemp flowers, hemp cigars, and hemp cigarettes.

"Smokable hemp" does not include hemp extracts.

a high potential for abuse, no *S352-v-1* General Assembly Of North Carolina Session 2019 currently accepted medical use in the United States, or a lack of accepted safety for use in treatment under medical supervision.

… Page 2 Senate Bill 352-Second Edition General Assembly Of North Carolina Session 2019 hh.

– Any compound, unless specifically excepted, specifically named in this schedule, or listed under a different schedule, structurally derived from 2-(1H-indol-3-yl)ethanamine(i.e., tryptamine) by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or Page 2 Senate Bill 352-First Edition General Assembly Of North Carolina Session 2019 by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups.

Senate Bill 352-Second Edition Page 3 General Assembly Of North Carolina Session 2019 oo.

Senate Bill 352-First Edition Page 3 General Assembly Of North Carolina Session 2019 8.

(5) Stimulants.– Unless specificallyexceptedorunless listedinlistedinanotherschedule, anotherschedule, 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:

… Page 4 Senate Bill 352-Second Edition General Assembly Of North Carolina Session 2019 h.

A compound, other than bupropion, that is structurallystructurallyderived derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:

(i) by substitution of phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alylthio groups;groups, (ii) by substitution at the 2-position by any alkyl groups, or (iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups.

(ii) by substitution at the 2-position by any alkyl groups;

or (iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, hydroxybenzyl, methylenedioxybenzyl, or methoxybenzyl groups.

2C-I (4-Iodo-2,5-dimethoxyphenethylamine), APDB ((2-aminopropyl)-2,3-dihydrobenzofuran), MBDB Page 4 Senate Bill 352-First Edition General Assembly Of North Carolina Session 2019 (3,4-methylenedioxy-N-methylbutanamine), and 2C-I-NBOH (N-(2-hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine).

– Unless specificallyexceptedorlistedinanother schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers (whether optical, geometric, or positional), esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the Senate Bill 352-Second Edition Page 5 General Assembly Of North Carolina Session 2019 following specific chemical designations, any compound containing a phenethylamine structure without a beta-keto group, with substitution on the nitrogen atom of the amino group with a benzyl substituent, with or without substitution on the phenyl or benzyl ringto anyextent with alkyl, alkoxy, thio, alkylthio, halide, fused alkylenedioxy, fused furan, fused benzofuran, or fused tetrahydropyran substituents, whether or not further substituted on a ring to any extent, with or without substitution at the alpha position by any alkyl substituent.

In determining Senate Bill 352-First Edition Page 5 General Assembly Of North Carolina Session 2019 that a substance comes within this schedule, the Commission shall find:

– Unless specifically excepted or unless listed in another schedule,anymaterial,compound,mixture,orpreparationwhichcontains any quantity of the following substances, including its salts, isomers, and salts of Page 6 Senate Bill 352-Second Edition General Assembly Of North Carolina Session 2019 isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

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.