State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-108

§ 90‑108. Prohibited acts; penalties.

(a)        It shall be unlawful for any person:

(1)        Other than practitioners licensed under Articles 1, 2, 4, 6,11, 12A of this Chapter to represent to any registrant or practitioner whomanufactures, distributes, or dispenses a controlled substance under theprovision of this Article that he is a licensed practitioner in order to secureor attempt to secure any controlled substance as defined in this Article or toin any way impersonate a practitioner for the purpose of securing or attemptingto secure any drug requiring a prescription from a practitioner as listed aboveand who is licensed by this State;

(2)        Who is subject to the requirements of G.S. 90‑101 or apractitioner to distribute or dispense a controlled substance in violation ofG.S. 90‑105 or 90‑106;

(3)        Who is a registrant to manufacture, distribute, or dispensea controlled substance not authorized by his registration to another registrantor other authorized person;

(4)        To omit, remove, alter, or obliterate a symbol required bythe Federal Controlled Substances Act or its successor;

(5)        To refuse or fail to make, keep, or furnish any record,notification, order form, statement, invoice or information required under thisArticle;

(6)        To refuse any entry into any premises or inspectionauthorized by this Article;

(7)        To knowingly keep or maintain any store, shop, warehouse,dwelling house, building, vehicle, boat, aircraft, or any place whatever, whichis resorted to by persons using controlled substances in violation of thisArticle for the purpose of using such substances, or which is used for thekeeping or selling of the same in violation of this Article;

(8)        Who is a registrant or a practitioner to distribute acontrolled substance included in Schedule I or II of this Article in the courseof his legitimate business, except pursuant to an order form as required byG.S. 90‑105;

(9)        To use in the course of the manufacture or distribution of acontrolled substance a registration number which is fictitious, revoked,suspended, or issued to another person;

(10)      To acquire or obtain possession of a controlled substance bymisrepresentation, fraud, forgery, deception, or subterfuge;

(11)      To furnish false or fraudulent material information in, oromit any material information from, any application, report, or other documentrequired to be kept or filed under this Article, or any record required to bekept by this Article;

(12)      To make, distribute, or possess any punch, die, plate, stone,or other thing designed to print, imprint, or reproduce the trademark, tradename, or other identifying mark, imprint, or device of another or any likenessof any of the foregoing upon any drug or container or labeling thereof so as torender such drug a counterfeit controlled substance;

(13)      To obtain controlled substances through the use of legalprescriptions which have been obtained by the knowing and willfulmisrepresentation to or by the intentional withholding of information from oneor more practitioners;

(14)      Who is an employee of a registrant or practitioner and who isauthorized to possess controlled substances or has access to controlledsubstances by virtue of his employment, to embezzle or fraudulently orknowingly and willfully misapply or divert to his own use or other unauthorizedor illegal use or to take, make away with or secrete, with intent to embezzleor fraudulently or knowingly and willfully misapply or divert to his own use orother unauthorized or illegal use any controlled substance which shall havecome into his possession or under his care.

(b)        Any person who violates this section shall be guilty of aClass 1 misdemeanor. Provided, that if the criminal pleading alleges that theviolation was committed intentionally, and upon trial it is specifically foundthat the violation was committed intentionally, such violations shall be aClass I felony.  A person who violates subdivision (7) of subsection (a) ofthis section and also fortifies the structure, with the intent to impede lawenforcement entry, (by barricading windows and doors) shall be punished as aClass I felon. (1971, c. 919, s.1; 1973, c. 1358, s. 11; 1979, c. 760, s. 5; 1983, c. 294, s. 7, c. 773; 1991(Reg. Sess., 1992), c. 1041, s. 1; 1993, c. 539, s. 622; 1994, Ex. Sess., c.24, s. 14(c).)