Bill Text: NC S77 | 2011-2012 | Regular Session | Introduced
Bill Title: Rental Property/Lithium Battery Smoke Alarms
Spectrum: Slight Partisan Bill (Republican 12-6)
Status: (Passed) 2012-06-28 - Ch. SL 2012-92 [S77 Detail]
Download: North_Carolina-2011-S77-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S D
SENATE DRS85024-LH-74 (02/04)
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Short Title: MDPV/Schedule I Controlled Substance. |
(Public) |
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Sponsors: |
Senator Bingham. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to add MDpv to the list of controlled substances under schedule I which makes the unlawful possession, manufacture, or sale or delivery of MDpv criminal offenses and to create the offense of trafficking in mdpv.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑89(5) reads as rewritten:
"(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‑phenly‑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‑(methylamino)‑1‑phenylpropan‑1‑one, alpha‑N‑methylaminopropiophenone, 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‑trimethylbenzeneetha neamine; N,N,alpha‑trimethylphenethyla mine.
g. N‑ethylamphetamine.
h. 3,4-methylenedioxypryovalerone (also known as MDPV).
SECTION 2. G.S. 90‑95(d)(1) reads as rewritten:
"(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:
(1) A controlled substance classified in Schedule I
shall be punished as a Class I felon;felon. However, if the
controlled substance is MDPV and the quantity of the MDPV is 1 gram or less,
the violation shall be punishable as a Class 1 misdemeanor.
…."
SECTION 3. G.S. 90‑95(h) is amended by adding a new subdivision to read:
"(3d) Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of MDPV or any mixture containing such substance shall be guilty of a felony which felony shall be known as "trafficking in MDPV" and if the quantity of such substance or mixture involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b. Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 117 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c. Is 400 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 279 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000)."
SECTION 4. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.
