§ 14-401.23. Unlawful manufacture, sale, delivery, or possession of Salvia divinorum. - North Carolina Statutes

§ 14‑401.23.  Unlawfulmanufacture, sale, delivery, or possession of Salvia divinorum.

(a)        It shall beunlawful for any person to knowingly or intentionally manufacture, sell ordeliver, or possess with intent to manufacture, sell or deliver Salvia divinorumor Salvinorin A.

(b)        It shall beunlawful for any person to knowingly or intentionally possess Salvia divinorumor Salvinorin A.

(c)        A violation of thissection is punishable as follows:

(1)        For a first orsecond offense under this section, the person is responsible for an infractionand shall be required to pay a fine of not less than twenty‑five dollars($25.00).

(2)        For a third orsubsequent offense under this section, the person is guilty of a Class 3misdemeanor.

(d)        For purposes ofthis section:

(1)        "Deliver"means the actual constructive or attempted transfer of Salvia divinorum orSalvinorin A from one person to another.

(2)        "Manufacture"means the production, preparation, propagation, compounding, conversion orprocessing of Salvia divinorum or Salvinorin A by any means, whether directlyor indirectly, artificially or naturally, or by extraction from substances of anatural origin, or independently by means of chemical synthesis, or by acombination of extraction and chemical synthesis. Manufacture includes anypackaging or repackaging of the substance, or labeling or relabeling of itscontainer, except that this term does not include the preparation orcompounding of the substance by an individual for the individual's own use.

(3)        "Production"includes the manufacture, planting, cultivation, growing, or harvesting of aplant.

(e)        The provisions ofthis section shall not apply to:

(1)        Employees orcontractors of any accredited college or school of medicine or pharmacy at apublic or private university in this State while performing medical orpharmacological research for such institution.

(2)        The possession,planting, cultivation, growing, or harvesting of a plant strictly foraesthetic, landscaping, or decorative purposes.  (2009‑538, s. 1.)