AN ACT amending the north carolina controlled substances act to establish new violations involving counterfeit controlled substances AND CONTROLLED SUBSTANCES.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90‑108 reads as rewritten:

§ 90‑108.  Prohibited acts; penalties.

(a)        It shall be unlawful for any person:

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(12)      To do either of the following:

a.         To possess, manufacture, distribute, export, or import any three‑neck round‑bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to create a counterfeit controlled substance, knowing, intending, or having reasonable cause to believe that it will be used to create a counterfeit controlled substance.

b.         To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled substance.substance, knowing, intending, or having reasonable cause to believe that it will be used to create a counterfeit controlled substance.

(12a)    To possess any three‑neck round‑bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe that it will be used to manufacture a controlled substance. This subdivision shall not apply to a pharmacy, a pharmacist, a pharmacy technician, or a pharmacy intern licensed or permitted under Article 4A of Chapter 90 of the General Statutes possessing any item included in this subdivision utilized in the compounding, dispensing, delivering, or administering of a controlled substance pursuant to a prescription.

(12b)    To manufacture, distribute, export, or import any three‑neck round‑bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe that it will be used to manufacture a controlled substance. This subdivision shall not apply to a pharmacy, a pharmacist, a pharmacy technician, or a pharmacy intern licensed or permitted under Article 4A of Chapter 90 of the General Statutes in the compounding, dispensing, delivering, or administering of a controlled substance pursuant to a prescription.

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(b)        Any person who violates this section shall be guilty of a Class 1 misdemeanor. Provided, that if the criminal pleading alleges that the violation was committed intentionally, and upon trial it is specifically found that the violation was committed intentionally, such violations shall be a Class I felony unless one of the following applies:

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(1a)      A person who violates subdivision (12a) or (12b) of subsection (a) of this section shall be punished as a Class E felon.

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SECTION 2.  This act becomes effective December 1, 2023, and applies to offenses committed on or after that date.