North Carolina § 90-93 - Schedule V controlled substances.

§ 90-93. Schedule V 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 low potential for abuse relative to the substances listed in Schedule IV of this Article; currently accepted medical use in the United States; and limited physical or psychological dependence relative to the substances listed in Schedule IV of this Article. The following controlled substances are included in this schedule: Any compound, mixture or preparation containing any of the following limited quantities of narcotic drugs or salts thereof, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic alone: Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams. Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams. Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. Repealed by Session Laws 1985, c. 172, s. 9. Stimulants. - Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers: Repealed by Session Laws 1993, c. 319, s. 7. Pyrovalerone. Anticonvulsants. - Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: Ezogabine. Lacosamide. Brivaracetam. Pregabalin. A Schedule V substance may be sold at retail without a prescription only by a registered pharmacist and no other person, agent or employee may sell a Schedule V substance even if under the direct supervision of a pharmacist. Notwithstanding the provisions of G.S. 90-93(b), after the pharmacist has fulfilled the responsibilities required of him in this Article, the actual cash transaction, credit transaction, or delivery of a Schedule V substance, may be completed by a nonpharmacist. A pharmacist may refuse to sell a Schedule V substance until he is satisfied that the product is being obtained for medicinal purposes only. A Schedule V substance may be sold at retail without a prescription only to a person at least 18 years of age. The pharmacist must require every retail purchaser of a Schedule V substance to furnish suitable identification, including proof of age when appropriate, in order to purchase a Schedule V substance. The name and address obtained from such identification shall be entered in the record of disposition to consumers. History (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 1358, ss. 9, 15; 1977, c. 667, s. 3; 1979, c. 434, ss. 7, 8; 1981, c. 51, s. 9; 1985, c. 172, s. 9; 1989 (Reg. Sess., 1990), c. 1040, s. 3; 1993, c. 319, s. 7; 1997-456, s. 27; 2017-115, s. 7.) Cross References. - As to disclosure of the records required to be kept under subsection (d) of this section, see G.S. 90-85.36 . Editor's Note. - 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 subdivision (a)(4), as added by Session Laws 2017-115, s. 7, effective December 1, 2017, and applicable to offenses committed on or after that date. Session Laws 2021-3, s. 2.18(a), (b), provides: "(a) Notwithstanding the provisions of subsection (h) of G.S. 90-91 , subsection (d) of G.S. 90-93 , subsection (a) of G.S. 90-106.1 , G.S. 90-113.52 , or any other provision of law to the contrary, a pharmacist may dispense the following controlled substances to individuals who present (i) a valid prescription for the controlled substance, if one is required under current law, and (ii) a North Carolina drivers license or identification card that expired while Executive Order No. 116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19, remains in effect: "(1) Paregoric, U.S.P. "(2) Any Schedule II controlled substances. "(3) Any of the Schedule III controlled substances listed in subdivisions (1) through (8) of subsection (d) of G.S. 90-91 . "(4) Any Schedule V controlled substances. "(5) Pseudoephedrine products. "(b) This section is effective when it becomes law and expires six months after the date the Governor signs an executive order rescinding said Executive Order No. 116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19, or December 31, 2021, whichever is earlier." Effect of Amendments. - Session Laws 2017-115, s. 7, added subdivision (a)(4). For effective date and applicability, see editor's note. Legal Periodicals. - 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).