North Carolina § 90-113 - 22. Possession of drug paraphernalia.

§ 90-113. 22. Possession of drug paraphernalia.

It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance other than marijuana which it would be unlawful to possess, or to inject, ingest, inhale, or otherwise introduce into the body a controlled substance other than marijuana which it would be unlawful to possess. Violation of this section is a Class 1 misdemeanor. Prior to searching a person, a person's premises, or a person's vehicle, an officer may ask the person whether the person is in possession of a hypodermic needle or other sharp object that may cut or puncture the officer or whether such a hypodermic needle or other sharp object is on the premises or in the vehicle to be searched. If there is a hypodermic needle or other sharp object on the person, on the person's premises, or in the person's vehicle and the person alerts the officer of that fact prior to the search, the person shall not be charged with or prosecuted for possession of drug paraphernalia for the needle or sharp object, or for residual amounts of a controlled substance contained in the needle or sharp object. The exemption under this subsection does not apply to any other drug paraphernalia that may be present and found during the search. For purposes of this subsection, the term "officer" includes "criminal justice officers" as defined in G.S. 17C-2(3) and a "justice officer" as defined in G.S. 17E-2(3). Notwithstanding the provisions of subsection (a) of this section, it is not unlawful for (i) a person who introduces a controlled substance into his or her body, or intends to introduce a controlled substance into his or her body, to knowingly use, or to possess with intent to use, testing equipment for identifying or analyzing the strength, effectiveness, or purity of that controlled substance or (ii) a governmental or nongovernmental organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors to possess such testing equipment or distribute such testing equipment to a person who intends to introduce a controlled substance into his or her body. History (1981, c. 500, s. 1; 1993, c. 539, s. 624; 1994, Ex. Sess., c. 24, s. 14(c); 2013-147, s. 1; 2014-119, s. 3(a); 2015-284, s. 2; 2019-159, s. 2.1.) Editor's Note. - Session Laws 2013-147, s. 2, made subsection (c) as added by Session Laws 2013-147, s. 1, applicable to offenses committed on or after December 1, 2013. Session Laws 2014-119, s. 3(c), made the amendment to subsection (a) by Session Laws 2014-119, s. 3(a), applicable to offenses committed on or after December 1, 2014. Effect of Amendments. - Session Laws 2013-147, s. 1, effective December 1, 2013, added subsection (c). For applicability, see Editor's note. Session Laws 2014-119, s. 3(a), effective December 1, 2014, in subsection (a), twice inserted "other than marijuana." See Editor's note for applicability. Session Laws 2015-284, s. 2, effective October 22, 2015, inserted "or for residual amounts of a controlled substance contained in the needle or sharp object" at the end of the second sentence of subsection (c). Session Laws 2019-159, s. 2.1, effective July 22, 2019, added subsection (d). Legal Periodicals. - For note, "My Own (Not So) Private Garbage: the North Carolina Supreme Court Gives the Green Light to Warrantless Police Searches of Trash Placed Behind Your House in State v. Hauser," see 31 Wake Forest L. Rev. 1141 (1996).