New Crime of Exposing a Child to Controlled Substances and Other 2025 Drug Law Changes

As regular readers know, the General Assembly passed a slew of statutes affecting our criminal law this summer, including controlled substances law.  In S.L. 2025-70 (S.B. 429), the legislature created the new offense of exposing a child to a controlled substance. The same session law increased the penalties for most fentanyl offenses. With  S.L. 2025-71 (S.B. 311), the legislature created several new crimes addressing the unauthorized possession or distribution of embalming fluid. These changes all become effective December 1, 2025. Read on for the details.    Exposing a Child to Controlled Substances. Under the new G.S. 14-318.7, exposing a child to a controlled substance will be a felony offense. The statute defines “child” as any person under 16 years old. Controlled substances are broadly defined by reference to G.S. 90-87, which includes all drugs covered by Schedules I through VI. G.S. 90-87(5). If a person knowingly, intentionally, or with reckless disregard for human life causes or allows a child to be exposed to a controlled substance, he or she is guilty of a class H felony offense. If the child is exposed to a controlled substance and ingests the substance, it becomes a class E felony. G.S. 14-318.7(a)(3). If serious physical injury results from the ingestion of the substance, the offense class rises to a class D felony. If serious bodily injury results, it rises again to a class C felony. If death results, the crime is a Class B1 felony. The statute defines “ingest” as “any means used to take [...]