§ 90-88. Authority to control. - North Carolina Statutes

§ 90‑88.  Authority to control.

(a)        The Commission may add, delete, or reschedule substanceswithin Schedules I through VI of this Article on the petition of any interestedparty, or its own motion. In every case the Commission shall give notice of andhold a public hearing pursuant to Chapter 150B of the General Statutes prior toadding, deleting or rescheduling a controlled substance within Schedules Ithrough VI of this Article, except as provided in subsection (d) of thissection. A petition by the Commission, the North Carolina Department ofJustice, or the North Carolina Board of Pharmacy to add, delete, or reschedulea controlled substance within Schedules I through VI of this Article shall beplaced on the agenda, for consideration, at the next regularly scheduledmeeting of the Commission, as a matter of right.

(a1)      In making a determination regarding a substance, theCommission shall consider the following:

(1)        The actual or relative potential for abuse;

(2)        The scientific evidence of its pharmacological effect, ifknown;

(3)        The state of current scientific knowledge regarding thesubstance;

(4)        The history and current pattern of abuse;

(5)        The scope, duration, and significance of abuse;

(6)        The risk to the public health;

(7)        The potential of the substance to produce psychic orphysiological dependence liability; and

(8)        Whether the substance is an immediate precursor of asubstance already controlled under this Article.

(b)        After considering the required factors, the Commission shallmake findings with respect thereto and shall issue an order adding, deleting orrescheduling the substance within Schedules I through VI of this Article.

(c)        If the Commission designates a substance as an immediateprecursor, substances which are precursors of the controlled precursor shallnot be subject to control solely because they are precursors of the controlledprecursor.

(d)        If any substance is designated, rescheduled or deleted as acontrolled substance under federal law, the Commission shall similarly controlor cease control of, the substance under this Article unless the Commissionobjects to such inclusion. The Commission, at its next regularly scheduledmeeting that takes place 30 days after publication in the Federal Register of afinal order scheduling a substance, shall determine either to adopt a rule tosimilarly control the substance under this Article or to object to such action.No rule‑making notice or hearing as specified by Chapter 150B of theGeneral Statutes is required if the Commission makes a decision to similarlycontrol a substance. However, if the Commission makes a decision to object toadoption of the federal action, it shall initiate rule‑making procedurespursuant to Chapter 150B of the General Statutes within 180 days of itsdecision to object.

(e)        The Commission shall exclude any nonnarcotic substance fromthe provisions of this Article if such substance may, under the federal Food,Drug and Cosmetic Act, lawfully be sold over‑the‑counter withoutprescription.

(f)         Authority to control under this Article does not includedistilled spirits, wine, malt beverages, or tobacco.

(g)        The Commission shall similarly exempt from the provisions ofthis Article any chemical agents and diagnostic reagents not intended foradministration to humans or other animals, containing controlled substanceswhich either (i) contain additional adulterant or denaturing agents so that theresulting mixture has no significant abuse potential, or (ii) are packaged insuch a form or concentration that the particular form as packaged has nosignificant abuse potential, where such substance was exempted by the FederalBureau of Narcotics and Dangerous Drugs.

(h)        Repealed by Session Laws 1987, c. 413, s. 4.

(i)         The North Carolina Department of Health and Human Servicesshall maintain a list of all preparations, compounds, or mixtures which areexcluded, exempted and excepted from control under any schedule of this Articleby the United States Drug Enforcement Administration and/or the Commission.This list and any changes to this list shall be mailed to the North CarolinaBoard of Pharmacy, the State Bureau of Investigation and each district attorneyof this State. (1971, c. 919, s. 1; 1973,c. 476, s. 128; cc. 524, 541; c. 1358, ss. 2, 3, 15; 1977, c. 667, s. 3; 1981,c. 51, s. 9; 1987, c. 413, ss. 1‑4; 1989, c. 770, s. 16; 1997‑443,s. 11A.118(a); 2000‑189, s. 4; 2001‑487, s. 22.)