Possession of Khat

Published for NC Criminal Law on February 22, 2023.

Readers may have heard of the plant commonly known as khat or qat (or Catha edulis, for the botanically inclined). The plant is indigenous to Africa and is popular in parts of that continent, as well as parts of the Middle East, and is commonly and legally used in some of those places. When the plant is ingested, it acts as a stimulant. As with more familiar stimulants, users tend to experience mild feelings of alertness and euphoria in smaller doses; larger doses can induce delusional thinking, mania, paranoia, and heart problems (among other potential harmful effects). Users typically ingest the plant by chewing its leaves. Exotic though it may be, the plant occasionally finds its way into North Carolina. I have heard anecdotal reports of its presence in Durham, and this recent story from WRAL News noted that it was found in Johnston County as a part of an unrelated investigation. This post examines state law on possession and distribution of khat. Read on for the details. Khat Contains Controlled Substances, and it’s Tricky. Khat itself is not regulated per se in the state, but compounds found within the plant are controlled substances under Chapter 90 of the North Carolina General Statutes. While growing and within the first 48 hours or so after being harvested, the plant contains cathinone, a Schedule I substance under G.S. 90-89(5)(b). After that time, the cathinone breaks down into cathine, a distinct chemical compound classified as a Schedule IV drug under G.S. 90-92(3)(e). We have [...]