North Carolina § 90-113 - 56. Penalties.

§ 90-113. 56. Penalties.

If a retailer willfully and knowingly violates the provisions of G.S. 90-113.52, 90-113.52A, 90-113.53, or 90-113.54, the retailer shall be guilty of a Class A1 misdemeanor for the first offense and a Class I felony for a second or subsequent offense. A retailer convicted of a third offense occurring on the premises of a single establishment shall be prohibited from making pseudoephedrine products available for sale at that establishment. Any purchaser or employee who willfully and knowingly violates G.S. 90-113.52A, G.S. 90-113.52(c) or G.S. 90-113.53 shall be guilty of a Class 1 misdemeanor for the first offense, a Class A1 misdemeanor for a second offense, and a Class I felony for a third or subsequent offense. This subsection shall not be construed to apply to bona fide innocent purchasers. A retailer who fails to train employees in accordance with G.S. 90-113.55, adequately supervise employees in transactions involving pseudoephedrine products, or reasonably discipline employees for violations of this Article shall be fined up to five hundred dollars ($500.00) for the first violation, up to seven hundred fifty dollars ($750.00) for the second violation, and up to one thousand dollars ($1,000) for a third or subsequent violation of this section. History (2005-434, s. 1; 2011-240, s. 3.) Editor's Note. - Session Laws 2011-240, s. 1, provides: "It is the intent and purpose of this act to continue efforts begun with the Methamphetamine Lab Prevention Act of 2005 to regulate the sale of pseudoephedrine products that are used to manufacture methamphetamine. The use of electronic tracking of methamphetamine sales is being used in several states, including those bordering this State. Other states, which at the time of this act include Oregon and Mississippi, have seen a reduction in methamphetamine labs by designating pseudoephedrine and like products as Schedule III controlled substances, thereby requiring a prescription to obtain pseudoephedrine products. A study should be undertaken to evaluate the efficacy of this act in addressing the production of methamphetamine and to determine whether more stringent methods for the curtailment of methamphetamine production should be allowed to take effect." Effect of Amendments. - Session Laws 2011-240, s. 3, effective June 23, 2011, and applicable to offenses occurring on or after that date, in subsections (a) and (b), inserted "G.S. 90-113.52A."