AN ACT amending the north carolina controlled substances act to establish new violations involving counterfeit controlled substances and establishing and revising penalties for certain violations.

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 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.

(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 counterfeit controlled substance.

(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 counterfeit controlled substance.

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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 D felon.

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