Article 5B.

Drug Paraphernalia.

§ 90-113.20.  Title.

This Article shall be known and may be cited as the "North  Carolina Drug Paraphernalia Act." (1981, c. 500, s. 1.)

 

§ 90-113.21.  General provisions.

(a)        As used in this Article, "drug paraphernalia" means all equipment, products and materials of any kind that are used to facilitate, or intended or designed to facilitate, violations of the Controlled Substances Act, including planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, and concealing controlled substances and injecting, ingesting, inhaling, or otherwise introducing controlled substances into the human body. "Drug paraphernalia" includes, but is not limited to, the following:

(1)        Kits for planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2)        Kits for manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(3)        Isomerization devices for increasing the potency of any species of plant which is a controlled substance;

(4)        Testing equipment for identifying, or analyzing the strength, effectiveness, or purity of controlled substances;

(5)        Scales and balances for weighing or measuring controlled substances;

(6)        Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose, and lactose for mixing with controlled substances;

(7)        Separation gins and sifters for removing twigs and seeds from, or otherwise cleaning or refining, marijuana;

(8)        Blenders, bowls, containers, spoons, and mixing devices for compounding controlled substances;

(9)        Capsules, balloons, envelopes and other containers for packaging small quantities of controlled substances;

(10)      Containers and other objects for storing or concealing controlled substances;

(11)      Hypodermic syringes, needles, and other objects for parenterally injecting controlled substances into the body;

(12)      Objects for ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the body, such as:

a.         Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

b.         Water pipes;

c.         Carburetion tubes and devices;

d.         Smoking and carburetion masks;

e.         Objects, commonly called roach clips, for holding burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

f.          Miniature cocaine spoons and cocaine vials;

g.         Chamber pipes;

h.         Carburetor pipes;

i.          Electric pipes;

j.          Air-driven pipes;

k.         Chillums;

l.          Bongs;

m.        Ice pipes or chillers.

(b)        The following, along with all other relevant evidence, may be considered in determining whether an object is drug paraphernalia:

(1)        Statements by the owner or anyone in control of the object concerning its use;

(2)        Prior convictions of the owner or other person in control of  the object for violations of controlled substances law;

(3)        The proximity of the object to a violation of the Controlled  Substances Act;

(4)        The proximity of the object to a controlled substance;

(5)        The existence of any residue of a controlled substance on the object;

(6)        The proximity of the object to other drug paraphernalia;

(7)        Instructions provided with the object concerning its use;

(8)        Descriptive materials accompanying the object explaining or depicting its use;

(9)        Advertising concerning its use;

(10)      The manner in which the object is displayed for sale;

(11)      Whether the owner, or anyone in control of the object, is a  legitimate supplier of like or related items to the community, such as a seller of tobacco products or agricultural supplies;

(12)      Possible legitimate uses of the object in the community;

(13)      Expert testimony concerning its use;

(14)      The intent of the owner or other person in control of the object to deliver it to persons whom he knows or reasonably should know intend to use the object to facilitate violations of the Controlled Substances Act. (1981, c. 500, s. 1.)

 

§ 90-113.22.  Possession of drug paraphernalia.

(a)        It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance other than marijuana which it would be unlawful to possess, or to inject, ingest, inhale, or otherwise introduce into the body a controlled substance other than marijuana which it would be unlawful to possess.

(b)        Violation of this section is a Class 1 misdemeanor.

(c)        Prior to searching a person, a person's premises, or a person's vehicle, an officer may ask the person whether the person is in possession of a hypodermic needle or other sharp object that may cut or puncture the officer or whether such a hypodermic needle or other sharp object is on the premises or in the vehicle to be searched. If there is a hypodermic needle or other sharp object on the person, on the person's premises, or in the person's vehicle and the person alerts the officer of that fact prior to the search, the person shall not be charged with or prosecuted for possession of drug paraphernalia for the needle or sharp object, or for residual amounts of a controlled substance contained in the needle or sharp object. The exemption under this subsection does not apply to any other drug paraphernalia that may be present and found during the search. For purposes of this subsection, the term "officer" includes "criminal justice officers" as defined in G.S. 17C-2(3) and a "justice officer" as defined in G.S. 17E-2(3).  (1981, c. 500, s. 1; 1993, c. 539, s. 624; 1994, Ex. Sess., c. 24, s. 14(c); 2013-147, s. 1; 2014-119, s. 3(a); 2015-284, s. 2.)

 

§ 90-113.22A.  Possession of marijuana drug paraphernalia.

(a)        It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal marijuana or to inject, ingest, inhale, or otherwise introduce marijuana into the body.

(b)        A violation of this section is a Class 3 misdemeanor. A violation of this section shall be a lesser included offense of G.S. 90-113.22.  (2014-119, s. 3(b).)

 

§ 90-113.23.  Manufacture or delivery of drug paraphernalia.

(a)        It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance which it would be unlawful to possess, or that it will be used to inject, ingest, inhale, or otherwise introduce into the body a controlled substance which it would be unlawful to possess.

(b)        Delivery, possession with intent to deliver, or manufacture with intent to deliver, of each separate and distinct item of drug paraphernalia is a separate offense.

(c)        Violation of this section is a Class 1 misdemeanor.  However, delivery of drug paraphernalia by a person over 18 years of age to someone under 18 years of age who is at least three years younger than the defendant shall be punishable as a Class I felony. (1981, c. 500, s. 1; c. 903, s. 1; 1993, c. 539, s. 625; 1994, Ex. Sess., c. 24, s. 14(c).)

 

§ 90-113.24.  Advertisement of drug paraphernalia.

(a)        It is unlawful for any person to purchase or otherwise procure an advertisement in any newspaper, magazine, handbill, or other publication, or purchase or otherwise procure an advertisement on a billboard, sign, or other outdoor display, when he knows that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia described in this Article.

(b)        Violation of this section is a Class 2 misdemeanor. (1981, c. 500, s. 1; c. 903, s. 1; 1993, c. 539, s. 626; 1994, Ex. Sess., c. 24, s. 14(c).)

 

§ 90-113.25: Reserved for future codification purposes.

 

§ 90-113.26: Reserved for future codification purposes.

 

§ 90-113.27.  Needle and hypodermic syringe exchange programs authorized; limited immunity.

(a)        Any governmental or nongovernmental organization, including a local or district health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, may establish and operate a needle and hypodermic syringe exchange program. The objectives of the program shall be to do all of the following:

(1)        Reduce the spread of HIV, AIDS, viral hepatitis, and other bloodborne diseases in this State.

(2)        Reduce needle stick injuries to law enforcement officers and other emergency personnel.

(3)        Encourage individuals who inject drugs to enroll in evidence-based treatment.

(b)        Programs established pursuant to this section shall offer all of the following:

(1)        Disposal of used needles and hypodermic syringes.

(2)        Needles, hypodermic syringes, and other injection supplies at no cost and in quantities sufficient to ensure that needles, hypodermic syringes, and other injection supplies are not shared or reused. No public funds may be used to purchase needles, hypodermic syringes, or other injection supplies.

(3)        Reasonable and adequate security of program sites, equipment, and personnel. Written plans for security shall be provided to the police and sheriff's offices with jurisdiction in the program location and shall be updated annually.

(4)        Educational materials on all of the following:

a.         Overdose prevention.

b.         The prevention of HIV, AIDS, and viral hepatitis transmission.

c.         Drug abuse prevention.

d.         Treatment for mental illness, including treatment referrals.

e.         Treatment for substance abuse, including referrals for medication assisted treatment.

(5)        Access to naloxone kits that contain naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose, or referrals to programs that provide access to naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose.

(6)        For each individual requesting services, personal consultations from a program employee or volunteer concerning mental health or addiction treatment as appropriate.

(c)        Notwithstanding any provision of the Controlled Substances Act in Article 5 of Chapter 90 of the General Statutes or any other law, no employee, volunteer, or participant of a program established pursuant to this section shall be charged with or prosecuted for possession of any of the following:

(1)        Needles, hypodermic syringes, or other injection supplies obtained from or returned to a program established pursuant to this section.

(2)        Residual amounts of a controlled substance contained in a used needle, used hypodermic syringe, or used injection supplies obtained from or returned to a program established pursuant to this section.

The limited immunity provided in this subsection shall apply only if the person claiming immunity provides written verification that a needle, syringe, or other injection supplies were obtained from a needle and hypodermic syringe exchange program established pursuant to this section. In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution under this section shall not be subject to civil liability for the arrest or filing of charges.

(d)       Prior to commencing operations of a program established pursuant to this section, the governmental or nongovernmental organization shall report to the North Carolina Department of Health and Human Services, Division of Public Health, all of the following information:

(1)        The legal name of the organization or agency operating the program.

(2)        The areas and populations to be served by the program.

(3)        The methods by which the program will meet the requirements of subsection (b) of this section.

(e)        Not later than one year after commencing operations of a program established pursuant to this section, and every 12 months thereafter, each organization operating such a program shall report the following information to the North Carolina Department of Health and Human Services, Division of Public Health:

(1)        The number of individuals served by the program.

(2)        The number of needles, hypodermic syringes, and needle injection supplies dispensed by the program and returned to the program.

(3)        The number of naloxone kits distributed by the program.

(4)        The number and type of treatment referrals provided to individuals served by the program, including a separate report of the number of individuals referred to programs that provide access to naloxone hydrochloride that is approved by the federal Food and Drug Administration for the treatment of a drug overdose.  (2016-88, s. 4.)

 

§ 90-113.28: Reserved for future codification purposes.

 

§ 90-113.29: Reserved for future codification purposes.