New Drug Crimes

Published for NC Criminal Law on April 11, 2011.

The legislature has passed, and the Governor has signed, new S.L. 2011-12, which creates three new Schedule I drugs, defines certain synthetic cannabinoids as Schedule VI drugs, and makes several other changes to the drug statutes. (The federal government had already taken action on synthetic cannabinoids, as discussed here.) The law is effective July June 1, earlier than the December 1 effective date that the General Assembly typically uses. The following is adapted from John Rubin's summary of the law: Generally. Effective for offenses committed on or after July June 1, 2011, the act adds four substances to the controlled substance schedules and creates new controlled substance offenses based on those substances, including trafficking offenses for three of the drugs. Additional controlled substances. Amended G.S. 90-89(5) includes three new substances as Schedule I controlled substances, which generally carry the most serious criminal penalties: 4-methylmethcathinone (also known as mephedrone): 3,4-Methylenedioxypyrovalerone (also known as MDPV); and a compound, other than buproprion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in one of several specified ways. Amended G.S. 90-94 adds synthetic cannabinoids (as defined in new subsection (3) of G.S. 90-94) as a Schedule VI controlled substance. New controlled substance offenses. Possession of any Schedule I controlled substance, including the above-described controlled substances, remains a Class I felony under G.S. 90-95(a)(3) and 90-95(d)(1), except that possession of one gram or less of MDPV is a Class 1 misdemeanor. Possession of synthetic cannabinoids or any mixture containing that substance are classified as follows under G.S. [...]