State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-87

§ 90‑87.  Definitions.

As used in this Article:

(1)        "Administer" means the direct application of acontrolled substance, whether by injection, inhalation, ingestion, or any othermeans to the body of a patient or research subject by:

a.         A practitioner (or, in his presence, by his authorizedagent), or

b.         The patient or research subject at the direction and in thepresence of the practitioner.

(2)        "Agent" means an authorized person who acts onbehalf of or at the direction of a manufacturer, distributor, or dispenser butdoes not include a common or contract carrier, public warehouseman, or employeethereof.

(3)        "Bureau" means the Bureau of Narcotics andDangerous Drugs, United States Department of Justice or its successor agency.

(3a)      "Commission" means the Commission for MentalHealth, Developmental Disabilities, and Substance Abuse Services establishedunder Part 4 of Article 3 of Chapter 143B of the General Statutes.

(4)        "Control" means to add, remove, or change theplacement of a drug, substance, or immediate precursor included in Schedules Ithrough VI of this Article.

(5)        "Controlled substance" means a drug, substance, orimmediate precursor included in Schedules I through VI of this Article.

(5a)      "Controlled substance analogue" means a substance(i) the chemical structure of which is substantially similar to the chemicalstructure of a controlled substance in Schedule I or II; (ii) which has astimulant, depressant, or hallucinogenic effect on the central nervous systemthat is substantially similar to or greater than the stimulant, depressant, orhallucinogenic effect on the central nervous system of a controlled substancein Schedule I or II; or (iii) with respect to a particular person, which suchperson represents or intends to have a stimulant, depressant, or hallucinogeniceffect on the central nervous system that is substantially similar to orgreater than the stimulant, depressant, or hallucinogenic effect on the centralnervous system of a controlled substance in Schedule I or II; and does not include(i) a controlled substance; (ii) any substance for which there is an approvednew drug application; (iii) with respect to a particular person any substance,if an exemption is in effect for investigational use, for that person, under §355 of Title 21 of the United States Code to the extent conduct with respect tosuch substance is pursuant to such exemption; or (iv) any substance to theextent not intended for human consumption before such an exemption takes effectwith respect to that substance. The designation of gamma butyrolactone or anyother chemical as a listed chemical pursuant to subdivision 802(34) or 802(35)of Title 21 of the United States Code does not preclude a finding pursuant tothis subdivision that the chemical is a controlled substance analogue.

(6)        "Counterfeit controlled substance" means:

a.         A controlled substance which, or the container or labelingof which, without authorization, bears the trademark, trade name, or otheridentifying mark, imprint, number, or device, or any likeness thereof, of amanufacturer, distributor, or dispenser other than the person or persons who infact manufactured, distributed, or dispensed such substance and which therebyfalsely purports, or is represented to be the product of, or to have been distributedby, such other manufacturer, distributor, or dispenser; or

b.         Any substance which is by any means intentionallyrepresented as a controlled substance. It is evidence that the substance hasbeen intentionally misrepresented as a controlled substance if the followingfactors are established:

1.         The substance was packaged or delivered in a manner normallyused for the illegal delivery of controlled substances.

2.         Money or other valuable property has been exchanged orrequested for the substance, and the amount of that consideration wassubstantially in excess of the reasonable value of the substance.

3.         The physical appearance of the tablets, capsules or otherfinished product containing the substance is substantially identical to aspecified controlled substance.

(7)        "Deliver" or "delivery" means the actualconstructive, or attempted transfer from one person to another of a controlledsubstance, whether or not there is an agency relationship.

(8)        "Dispense" means to deliver a controlled substanceto an ultimate user or research subject by or pursuant to the lawful order of apractitioner, including the prescribing, administering, packaging, labeling, orcompounding necessary to prepare the substance for that delivery.

(9)        "Dispenser" means a practitioner who dispenses.

(10)      "Distribute" means to deliver other than byadministering or dispensing a controlled substance.

(11)      "Distributor" means a person who distributes.

(12)      "Drug" means a. substances recognized in theofficial United States Pharmacopoeia, official Homeopathic Pharmacopoeia of theUnited States, or official National Formulary, or any supplement to any ofthem; b. substances intended for use in the diagnosis, cure, mitigation,treatment, or prevention of disease in man or other animals; c. substances(other than food) intended to affect the structure or any function of the bodyof man or other animals; and d. substances intended for use as a component ofany article specified in a, b, or c of this subdivision; but does not includedevices or their components, parts, or accessories.

(13)      "Drug dependent person" means a person who is usinga controlled substance and who is in a state of psychic or physical dependence,or both, arising from use of that controlled substance on a continuous basis.Drug dependence is characterized by behavioral and other responses whichinclude a strong compulsion to take the substance on a continuous basis inorder to experience its psychic effects, or to avoid the discomfort of itsabsence.

(14)      "Immediate precursor" means a substance which theCommission has found to be and by regulation designates as being the principalcompound commonly used or produced primarily for use, and which is an immediatechemical intermediary used or likely to be used in the manufacture of acontrolled substance, the control of which is necessary to prevent, curtail, orlimit such manufacture.

(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), theoptical 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.

(15)      "Manufacture" means the production, preparation,propagation, compounding, conversion, or processing of a controlled substanceby any means, whether directly or indirectly, artificially or naturally, or byextraction from substances of a natural origin, or independently by means ofchemical synthesis, or by a combination of extraction and chemical synthesis;and "manufacture" further includes any packaging or repackaging ofthe substance or labeling or relabeling of its container except that this termdoes not include the preparation or compounding of a controlled substance by anindividual for his own use or the preparation, compounding, packaging, orlabeling of a controlled substance:

a.         By a practitioner as an incident to his administering ordispensing of a controlled substance in the course of his professionalpractice, or

b.         By a practitioner, or by his authorized agent under hissupervision, for the purpose of, or as an incident to research, teaching, orchemical analysis and not for sale.

(16)      "Marijuana" means all parts of the plant of thegenus Cannabis, whether growing or not; the seeds thereof; the resin extractedfrom any part of such plant; and every compound, manufacture, salt, derivative,mixture, or preparation of such plant, its seeds or resin, but shall notinclude 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 theresin extracted therefrom), fiber, oil, or cake, or the sterilized seed of suchplant which is incapable of germination.

(17)      "Narcotic drug" means any of the following, whetherproduced directly or indirectly by extraction from substances of vegetableorigin, or independently by means of chemical synthesis, or by a combination ofextraction and chemical synthesis:

a.         Opium and opiate, and any salt, compound, derivative, orpreparation of opium or opiate.

b.         Any salt, compound, isomer, derivative, or preparationthereof which is chemically equivalent or identical with any of the substancesreferred 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, saltsof isomers, compound, derivative or preparation of coca leaves, or any salt,isomer, salts of isomers, compound, derivative, or preparation thereof which ischemically equivalent or identical with any of these substances, except thatthe substances shall not include decocanized coca leaves or extraction of cocaleaves, which extractions do not contain cocaine or ecgonine.

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

(19)      "Opium poppy" means the plant of the speciesPapaver somniferum L., except its seeds.

(20)      "Person" means individual, corporation, governmentor governmental subdivision or agency, business trust, estate, trust,partnership or association, or any other legal entity.

(21)      "Poppy straw" means all parts, except the seeds, ofthe opium poppy, after mowing.

(22)      "Practitioner" means:

a.         A physician, dentist, optometrist, veterinarian, scientificinvestigator, or other person licensed, registered or otherwise permitted todistribute, dispense, conduct research with respect to or to administer acontrolled substance so long as such activity is within the normal course ofprofessional practice or research in this State.

b.         A pharmacy, hospital or other institution licensed,registered, or otherwise permitted to distribute, dispense, conduct researchwith respect to or to administer a controlled substance so long as such activityis within the normal course of professional practice or research in this State.

(23)      "Prescription" means:

a.         A written order or other order which is promptly reduced towriting for a controlled substance as defined in this Article, or for a preparation,combination, or mixture thereof, issued by a practitioner who is licensed inthis State to administer or prescribe drugs in the course of his professionalpractice; or issued by a practitioner serving on active duty with the armedforces of the United States or the United States Veterans Administration who islicensed in this or another state or Puerto Rico, provided the order is writtenfor the benefit of eligible beneficiaries of armed services medical care; aprescription does not include an order entered in a chart or other medicalrecord of a patient by a practitioner for the administration of a drug; or

b.         A drug or preparation, or combination, or mixture thereoffurnished pursuant to a prescription order.

(24)      "Production" includes the manufacture, planting,cultivation, growing, or harvesting of a controlled substance.

(25)      "Registrant" means a person registered by theCommission to manufacture, distribute, or dispense any controlled substance asrequired by this Article.

(26)      "State" means the State of North Carolina.

(27)      "Ultimate user" means a person who lawfullypossesses a controlled substance for his own use, or for the use of a member ofhis household, or for administration to an animal owned by him or by a memberof his household. (1971, c. 919, s. 1; 1973,c. 476, s. 128; c. 540, ss. 2‑4; c. 1358, ss. 1, 15; 1977, c. 482, s. 6;1981, c. 51, ss. 8, 9; c. 75, s. 1; c. 732; 1985, c. 491; 1987, c. 105, ss. 1,2; 1991 (Reg. Sess., 1992), c. 1030, s. 21; 1997‑456, s. 27; 2003‑249,s. 2.)