North Carolina § 90-90 - Schedule II controlled substances.

§ 90-90. Schedule II controlled substances.

This schedule includes the controlled substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated. In determining that a substance comes within this schedule, the Commission shall find: a high potential for abuse; currently accepted medical use in the United States, or currently accepted medical use with severe restrictions; and the abuse of the substance may lead to severe psychic or physical dependence. The following controlled substances are included in this schedule: Any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, unless specifically excepted or unless listed in another schedule: Opium, opiate, or opioid and any salt, compound, derivative, or preparation of opium and opiate, excluding apomorphine, nalbuphine, dextrorphan, naloxone, naltrexone and nalmefene, and their respective salts, but including the following: Raw opium. Opium extracts. Opium fluid extracts. Powdered opium. Granulated opium. Tincture of opium. Codeine. Ethylmorphine. Etorphine hydrochloride. Any material, compound, mixture, or preparation which contains any quantity of hydrocodone. Hydromorphone. Metopon. Morphine. Oxycodone. Oxymorphone. Thebaine. Dihydroetorphine. Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph 1 of this subdivision, except that these substances shall not include the isoquinoline alkaloids of opium. Opium poppy and poppy straw. Cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocanized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine. Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy). Any of the following opiates or opioids, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation unless specifically exempted or listed in other schedules: Alfentanil. Alphaprodine. Anileridine. Bezitramide. Carfentanil. Dihydrocodeine. Diphenoxylate. Fentanyl. Isomethadone. Levo-alphacetylmethadol. Some trade or other names: levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM. Levomethorphan. Levorphanol. Metazocine. Methadone. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4- diphenyl butane. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid. Pethidine. Pethidine - Intermediate - A, 4-cyano-1-methyl-4/y-phenylpiperidine. Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate. Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-4-carboxylic acid. Phenazocine. Piminodine. Racemethorphan. Racemorphan. Remifentanil. Sufentanil. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system unless specifically exempted or listed in another schedule: Amphetamine, its salts, optical isomers, and salts of its optical isomers. Phenmetrazine and its salts. Methamphetamine, including its salts, isomers, and salts of isomers. Methylphenidate, including its salts, isomers, and salts of its isomers. Phenylacetone. Some trade or other names: Phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone. Lisdexamfetamine, including its salts, isomers, and salts of isomers. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, unless specifically exempted by the Commission or listed in another schedule: Amobarbital Glutethimide Repealed by Session Laws 1983, c. 695, s. 2. Pentobarbital Phencyclidine Phencyclidine immediate precursors: 1-Phenylcyclohexylamine 1-Piperidinocyclohexanecarbonitrile (PCC) Secobarbital. Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, unless specifically excepted, or listed in another schedule, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: Repealed by Session Laws 2001-233, s. 2(a), effective June 21, 2001. Nabilone [Another name for nabilone: (+/-)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahyd ro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]. h1. Fentanyl immediate precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP). aa. Tapentadol. History (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 540, s. 6; c. 1358, ss. 6, 15; 1975, c. 443, s. 2; 1977, c. 667, s. 3; c. 891, s. 2; 1979, c. 434, s. 2; 1981, c. 51, s. 9; 1983, c. 695, s. 2; 1985, c. 172, ss. 4, 5; 1987, c. 105, s. 3; c. 412, ss. 5A-7; 1989 (Reg. Sess., 1990), c. 1040, s. 2; 1993, c. 319, ss. 3, 4; 1995, c. 186, s. 4; 1997-385, s. 1; 1997-456, s. 27; 1999-165, s. 2; 2001-233, ss. 1, 2(a); 2011-326, s. 14(c), (d); 2015-162, s. 2; 2017-115, s. 4; 2018-44, s. 4.) Cross References. - As to provisions pertaining to punishment of offenders for murder by the unlawful distribution of certain substances, see G.S. 14-17 . Editor's Note. - As added by Session Laws 2011-326, s. 14, sub-subdivision (2)aa. contained a misspelling of the word "Tapentadol". At the direction of the Revisor of Statutes, the spelling of that word has been corrected. Session Laws 2015-162, s. 4, made the insertion of "including its salts, isomers, and salts of its isomers" in subdivision (3)(d) by Session Laws 2015-162, s. 2, applicable to offenses committed on or after December 1, 2015. Session Laws 2017-115, s. 1, provides: "This act shall be known and may be cited as the 'Synthetic Opioid and Other Dangerous Drug Control Act.'" Session Laws 2017-115, s. 12, made the amendments to subdivisions (1) and (2) by Session Laws 2017-115, s. 4, effective December 1, 2017, and applicable to offenses committed on or after that date. Session Laws 2018-44, s. 1, provides: "This act shall be known and may be cited as 'The Heroin and Opioid Prevention and Enforcement (HOPE) Act of 2018.'" Session Laws 2018-44, s. 16, is a severability clause. Effect of Amendments. - Session Laws 2011-326, ss. 14(c) and 14(d), effective June 27, 2011, added subdivisions (2)aa. and (3)f. Session Laws 2015-162, s. 2, effective December 1, 2015, inserted "including its salts, isomers, and salts of its isomers" in subdivision (3)(d). For applicability, see Editor's note. Session Laws 2017-115, s. 4, in subdivision (1), substituted "Opium, opiate, or opioid" for "Opium and opiate,"; rewrote subdivision (1)a.10., which formerly read: "Hydrocodone."; substituted "opiates or opioids" for "opiates" in the first sentence in subdivision (2). For effective date and applicability, see editor's note. Session Laws 2018-44, s. 4, effective December 1, 2018, in subdivision (2), added sub-subdivision h1. Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 417 (1998). For comment, "One Tough Pill to Swallow: A Call to Revise North Carolina's Drug Trafficking Laws Concerning Prescription Painkillers," see 33 Campbell L. Rev. 451 (2011).